Township of East Windsor, NJ
Mercer County
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Table of Contents
Table of Contents
It is the intent of the township council that these technical standards serve as township standards for the design, construction and operation of public and private improvements, when requirements for the same are not otherwise set forth by the New Jersey Department of Community Affairs pursuant to the Uniform Construction Code Act (L 1975 C. 217).
The contents herein are interpreted to be minimum requirements and are not intended to substitute for a detailed design investigation on the part of any applicant or person being regulated hereunder, or under any related ordinance of the township.
Whenever Federal, State or county regulations or standards are applicable, or may be applicable in lieu of the standards contained in this chapter, the more stringent design or construction procedure shall be deemed to apply.
Wherever the literal enforcement of any particular standard is impracticable, or will work against the intent and purpose of sound construction practice, or of this chapter otherwise, the township engineer may by written consent permit such variation from the particular standard imposed whether this is explicitly stated as to the standard in question or not. He shall grant such relief as may be reasonable and consistent with the public health, safety and welfare, and the intent of this chapter and the Revised General Ordinances of the Township.
On or before January 10 of each year, the township engineer shall file with the township clerk a set of plates or drawings giving standard construction details and information to illustrate construction requirements as set forth in this chapter. The plates shall include but not be limited to detail on the following: concrete curb detail; storm drain inlet details; storm drains.
Three complete sets of such plates or drawings shall be available for inspection at all times at the office of the township engineer and additionally manhole detail; headwall/endwall details; guide rail/fence warranted and guide rail details; turning radius for vehicles; driveway profile; driveway locations; safe site distances for vehicles exiting from driveway; curb ramps for the physically handicapped.
Copies shall be on file at the office of the township clerk. On or before February 1 of each year, the township clerk shall provide for the reproduction of said plates so that sets may be sold in the same manner as other public documents.
Between February 1 of each year and January 31 of the succeeding year, such plates or drawings shall be conclusive as to any question regarding design standards arising under this chapter.
All construction shall be performed in accordance with requirements set forth herein, and the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, current edition, and any amendments thereto, three copies of which are available for inspection in the office of the township engineer.
All construction of improvements required as a condition of subdivision or site plan approval shall be carried out in a workmanlike manner, in accordance with accepted industry practices and procedures as to any detail not specified herein.
If the township engineer shall find that construction is not being carried out in conformance with this chapter, he shall cause the person directing construction on site to be served personally with written notice stating that unless the conditions specified in the notice are corrected within ten working days all construction on the site shall be terminated until the conditions specified are corrected. A copy of the notice shall be sent by certified mail to the address of the person shown in the township records to have received the site plan or subdivision approval under which the construction is being carried out.
Failure to comply with such notice within ten working days of such extensions thereof as the township engineer may grant shall be deemed a violation of this chapter.
a. 
All land surveys, plans and specifications shall be prepared by a professional engineer and/or land surveyor, and/or architect licensed in the State of New Jersey to prepare the documents submitted. The township engineer may further require that elevation stakes on any project be set by a land surveyor licensed in the State of New Jersey prior to commencement of construction.
b. 
All improvements covered in this chapter except gas, electric, water, sanitary sewer and telephone installations shall be subject to the inspection and approval of the township engineer.
c. 
One copy of said code shall be available in the municipal clerk's office for use by the public.
d. 
A township inspector shall ordinarily be present during all phases of construction; however, the phases at which inspection is mandatory are as follows:
1. 
Site clearing;
2. 
Storm drains and appurtenances;
(a) 
Prior to laying pipe,
(b) 
Prior to installation of manhole and inlets,
(c) 
Prior to back filling,
3. 
Grading;
(a) 
Prior to rough grading,
(b) 
After rough grading,
(c) 
After fine grading,
4. 
Curb and sidewalk;
(a) 
After forming sub-grade and prior to setting form,
(b) 
After setting forms and prior to pouring concrete,
(c) 
While pouring concrete (inspector shall be present),
5. 
Areas to be paved;
(a) 
After forming sub-grade and prior to laying base or sub-base,
(b) 
After laying sub-base or base and prior to laying top course,
(c) 
Prior to laying top course,
6. 
Landscaping;
(a) 
Prior to installation of trees and shrubs,
(b) 
Prior to sowing grass seed.
e. 
No underground installation shall be covered until inspected and approved by the township engineer.
f. 
Where in the opinion of the township engineer materials must be tested for conformance with specifications the applicant shall be responsible for all costs charged by the testing agency.
g. 
All improvements which are not to be constructed and inspected under the New Jersey Uniform Construction Code or any duly promulgated subcode thereof and which are required as a condition of subdivision or site plan approval shall be inspected as herein provided. The cost of such inspection shall be borne by the applicant. In the event that the township engineer estimates the inspection fees on such required improvements will exceed $5,000 the applicant shall deposit with the township clerk cash or a certified check in an amount equal to five percent of the estimated cost of improvements to be inspected. Such estimated cost shall represent either the estimated amount as indicated on any posted performance guarantee in the case of the subdivision, or in the case of any other improvement, the estimated cost as determined from plans submitted for a building permit.
h. 
After a project is completed and a final inspection has been made to the satisfaction of the township engineer, the engineer will issue a certificate of approval. This certificate shall not be issued until the project is 100 percent completed.
a. 
All traffic control devices in the township whether temporary or permanent shall conform to the code herein established.
b. 
The township herein adopts by reference, without inclusion of the text herein, as its code requesting traffic control devices, the Manual on Uniform Traffic Control Devices for Streets and Highways, prepared by the U.S. Department of Transportation, as the same may from time to time be amended, supplemented or edited.
c. 
One copy of said code shall be available in the municipal clerk's office for use by the public.
a. 
In embankment areas the maximum surface slope shall be 3:1.
b. 
In paved areas minimum surface slope shall be as close to 0.7 percent as is feasible, but in no event shall it be less than 0.5 percent.
c. 
In turfed areas the minimum surface slope shall be as close to 2.0 percent as is feasible, but in no event shall it be less than 1.3 percent.
a. 
The layout of roadways shall follow the configuration indicated on the "Zoning Map of the Township of East Windsor" as adopted on July 28, 1977. Where a street configuration is not shown on the said map, its layout shall conform to the requirements as set forth in whatever site plan or subdivision approval has been granted to the project.
b. 
All streets shall provide for at least one lane of vehicular traffic in each direction.
c. 
Street signs shall have reflectorized white letters on a green background. Both signs and poles shall be of nonferrous metal or galvanized steel. Signs shall be mounted on a two inch diameter post embedded in concrete, to a depth of 30 inches. The height from ground level shall be seven feet, six inches.
d. 
Street names and subdivision names shall not duplicate nor be phonetically similar to the names of existing streets or subdivisions. Any continuation of an existing street shall have the same street name unless specifically approved otherwise by the municipal agency empowered to grant site plan or subdivision approval.
e. 
Lights for illuminating streets, parking areas, driveways, walkways and other areas shall be of a type approved by the municipal agency empowered to grant site plan or subdivision approval and the electric utility company. The developer shall pay to the township an amount equal to the per street lighting unit installation charge, and the capital contribution to be paid by the township pursuant to the capital contribution program provided by the Jersey Central Power & Light Company, for each street lighting unit required to be installed by the developer either on or off site along a street, parking area, walkway or other area dedicated or to be dedicated to the township or county, pursuant to the approval of the zoning board of adjustment or the planning board, as the case may be. In addition, the developer shall also be required to make payments to a cash escrow fund established to fund the street light operating charges to be paid by the township to Jersey Central Power & Light Company. The initial payment to the cash escrow account shall be in a sufficient amount as calculated by the township engineer to cover the operating charges for a 24 month period. The cash escrow account shall be replenished as necessary until the township accepts the streets within the development. The payment required hereunder shall be paid in cash or as part of the performance guarantee of the developer pursuant to subsection 19-5.3, 19A-3.6 or 19A-4.28 of the General Ordinances of the Township of East Windsor, 1970. The payment required hereunder shall be made prior to the grant of final approval by the municipal agency empowered to grant site plan or subdivision approval and shall be held in escrow by the township treasurer until paid to Jersey Central Power & Light Company. Upon execution of an agreement between the township and Jersey Central Power & Light Company for the installation of street lighting fixtures and payment of the capital contribution, the township finance director shall release the monies paid for the installation charges and capital contribution hereunder to the township. In addition, the finance director shall release to the township the monies paid for the street light operating charges, on a current basis, as those charges become due.
Definitions. It shall be the duty of the municipal agency empowered to grant site plan or subdivision approval to classify proposed and existing streets according to their use. As a guide to the classification the following definitions should apply:
a. 
LOCAL STREET OR ROAD — A road used to provide access to abutting properties.
b. 
COLLECTOR STREET OR ROAD — A road used to distribute traffic from arterial roads to local streets; with controlled intersections at arterial streets and not primarily used for access to abutting properties.
1. 
MINOR COLLECTOR STREET OR ROAD — The maximum traffic expected is approximately 800 vehicles per day.
2. 
MAJOR COLLECTOR STREET OR ROAD — The maximum traffic expected is approximately 1,800 vehicles per day.
3. 
ARTERIAL STREET OR ROAD — A road used to connect localities with cross street intersections and accessways minimized, signalized and controlled and affording limited access to abutting properties.
Design criteria for each street classification are as follows:
Criteria
Local Street
Minor Collector Street
Major Collector Street
Arterial
Right of Way Width two way
50 ft.
60-66 ft.
70-80 ft.
100-120 ft.
Pavement Width two way
30 ft.
36 ft.
46 ft.
Design Speed for Alignment and Sight Distance Calculations
30 mph
35 mph
50 mph
60 mph
Maximum Longitudinal Grade
Preference
8%
7%
4%
3%
Absolute
10%
8%
5%
3%
Minimum Longitudinal Grade
Preference
0.7%
0.7%
0.7%
0.7%
Absolute
0.5%
0.5%
0.5%
0.5%
Minimum Curb Return Radius at Intersections
15 ft.
20-25 ft.
25 ft.
Minimum Radius of Horizontal Curvature at Centerline of Road
200 ft.
400 ft.
850 ft.
1300 ft.
Minimum Tangent Between Reverse Curves
140 ft.
190 ft.
325 ft.
500 ft.
Curb Face Required
6 in.
6 in.
6-8 in.
Minimum Distance Face of Curb to Edge of Sidewalk
6.0 ft.
6.0 ft.
6.0 ft.
Barrier Island Required
No
No
No
Yes
a. 
General. Pavements shall be designed, based on traffic projections and soil conditions, for a minimum life of 15 years for local streets and 20 years for collectors. The American Association of State Highway and Transportation Officials design standards, shall apply unless another method is specifically approved by the township engineer. Three copies of the standards shall be available for inspection at the office of the township engineer.
b. 
In no case shall less than the following material and thickness be used:
1.
Local Street
Surface Course
1 1/2" (Compacted) FABC-1 Mix No. 5
N.J. Dept. of Transportation Specifications
Base Course
4 1/2" (Compacted) Bituminous Stabilized Base Mix No. 1
N.J. Dept. of Transportation Specifications
2.
Minor Collector Street
Surface Course
2" (Compacted) FABC-1 Mix No. 5
N.J. Dept. of Transportation Specifications
Base Course
5" (Compacted) Bituminous Mix No. 1
N.J. Dept. of Transportation Specifications
3.
Major Collector Street
Surface Course
2" (Compacted) FABC-1 Mix No. 5
N.J. Dept. of Transportation Specifications
Base Course
6" (Compacted) Bituminous Stabilized Base Mix No. 1
N.J. Dept. of Transportation Specifications
Subbase Course
4" (Compacted) Type 5, Class "A" Stone Mix
N.J. Dept. of Transportation Specifications
4.
Arterial Street
(To be based on detailed design calculations)
a. 
Street intersections shall be designed according to the following standards unless specifically approved otherwise by a municipal agency granting subdivision or site plan approval:
1. 
No more than two streets shall cross at the same point.
2. 
Street intersections shall be as close to 90 degree angles as is feasible but in no event shall they be at an angle less than 70 degrees. Measurements as to degrees shall be taken at the centerline of the intersection.
3. 
There shall be unobstructed sight along both roadways at an intersection and across their included corners for a distance sufficient to allow drivers to see each other. Depending on the traffic control devices at the intersection, i.e. stop signs, traffic signals, etc., the appropriate technical standard plates shall apply as said plates illustrate and tabulate various conditions of traffic control and speed. The required site distance shall be measured from three feet to ten feet above the road surface.
a. 
Culs-de-sac may not be used to provide access to more than 25 lots.
b. 
No cul-de-sac shall have a centerline length from an intersecting street centerline to center point of the closed end of the cul-de-sac of less than 100 feet nor more than 1,000 feet.
c. 
An end turn-around shall be provided with a pavement radius of not less than 45 feet and a property line radius of not less than 55 feet.
d. 
The center point of the cul-de-sac shall be at or to the left of the centerline of the street when viewed toward the closed end.
e. 
In the center of the turnaround a planting island equal in dimension, to the road cartway radius minus the road cartway width shall be provided, in lieu of excessive pavement. This island shall be planted in accordance with the standards set forth in section 22-27.
This section shall not apply to any walkway within the boundaries of a single family dwelling lot.
a. 
SIDEWALK — A walk within the Right of Way of a public street.
b. 
PEDESTRIAN WALK — A walk outside the Right of Way of public streets.
c. 
PATH — A defined paved area used for non-motorized vehicles and/or pedestrians.
a. 
Sidewalks shall be constructed on both sides of all street within a subdivision and entirely around the perimeter of all culs-de-sac, unless specifically approved otherwise by the agency granting subdivision approval.
b. 
Sidewalks shall have a slope from the curb line toward the private property ascending at the rate of one-quarter inch per foot.
c. 
The width of sidewalks shall be four feet unless specifically approved otherwise in writing by the agency granting subdivision or site plan approval.
d. 
Sidewalks shall be constructed of Portland cement concrete conforming to specifications outlined herein.
e. 
The minimum depth of sidewalks shall be four inches except at driveway locations where the minimum depth shall be six inches.
f. 
Preformed bituminous cellular joint fillers one-half inch thick shall be placed at intervals not exceeding 20 feet. Dummy (formed) joints shall be cut into the sidewalk at intervals not exceeding the width of the sidewalk.
g. 
The sidewalk subgrade shall be compacted prior to the placement of concrete. Any unsuitable material encountered shall be removed and replaced with gravel or other suitable material approved by the township engineer to a minimum depth of four inches.
h. 
Sidewalks shall be cured in a manner approved by the township engineer prior to pouring for a minimum of six days after pouring.
i. 
Forms for sidewalk shall be made of steel or wood and shall be braced so as to insure proper alignment and grade.
j. 
After being placed, the concrete shall be tamped, screened and finished to a true grade and surface. The finish shall be made with a wood float, followed by brushing with a wet soft-hair broom to a neat surface.
k. 
Material and gradation of fine and coarse aggregate for use in concrete shall conform to the applicable sections of the New Jersey State Department of Transportation Specifications (as referenced in subsection 22-1.7) except that the maximum size of coarse aggregate shall be three-quarter inch (3/4").
l. 
Standard Portland cement Type II or air-entrained Portland cement Type II A shall be used.
m. 
Concrete shall be mixed in the proportion, by volume on one part Portland cement, one and three quarter parts fine aggregate and three and one-half parts coarse aggregate. Water shall be added to insure adequate workability but in no case shall the slump be greater than three and one-half inches, and the minimum 28 day compressive strength shall be 3,500 pounds per square inch.
a. 
Walks on private property or common areas of Planned Unit or Planned Residential Developments shall be constructed at the locations and dimensions shown on the engineering plans as approved in subdivision or site plan approval.
b. 
The slope of such walks shall ordinarily be one-quarter inch per foot in a transverse direction.
c. 
The use of such walks to transmit surface storm water in a longitudinal direction shall not be permitted.
d. 
Material shall be Portland cement concrete unless specifically approved otherwise in site plan or subdivision approval.
e. 
All requirements contained in this section that are not specifically inconsistent with this subsection are also to be deemed applicable to pedestrian walks.
a. 
Improved paved areas on private property or common areas of Planned Developments shall be constructed at the locations and dimensions shown on the engineering plans as approved in subdivision or site plan approval.
b. 
The slope of such walks shall ordinarily be one-quarter inch per foot in a transverse direction.
c. 
The use of such walks to transmit surface storm water in a longitudinal direction shall not be permitted.
d. 
Material shall be Portland cement concrete or bituminous concrete and gravel as approved at subdivision or site plan approval.
e. 
If portland cement concrete is used the provisions of section 22-5.2 not specifically inconsistent with subsections 22-5.4 a to d shall be deemed applicable to paths.
f. 
If bituminous concrete and stone is used, the following minimum thickness shall apply:
Surface Course
1 1/2" (Compacted) FA-BC1 Mix No. 5
N.J. Dept. of Transportation Specifications
Base Course
4" (Compacted) Type 5, Class "A" Stone Mix
N.J. Dept. of Transportation Specifications
a. 
Portland cement concrete aprons shall be constructed between the curb and sidewalk at all driveways.
b. 
The minimum thickness of aprons shall be six inches.
c. 
Construction of such aprons shall be in accordance with the provisions of subsection 22-5.3 except as modified by any subsection of Section 22-6.
d. 
Width and curb line opening standards shall be consistent with those set forth in section 22-8.
a. 
Curb shall be constructed on both sides of all streets within a subdivision and entirely around the perimeter of all culs-de-sac, unless specifically approved otherwise by the agency granting site plan and subdivision approval.
b. 
Outdoor parking areas shall ordinarily be curbed around their perimeter unless specifically approved otherwise by the agency granting site plan or subdivision approval. In the event curbing is not required, concrete bumper stops shall be provided for each parking space.
c. 
Portland cement concrete material conforming to the proportions and requirements in subsection 22-5.2 shall be used.
d. 
Curb size and detail shall be as shown in the Standard Construction details as duly promulgated.
e. 
Expansion joints shall consist of bituminous cellular joint filler one-half thick spaced at intervals not exceeding 30 feet.
f. 
Curb shall be cured in a manner approved by the township engineer prior to pouring for a minimum of seven days after the pour.
g. 
Forms for curb shall be steel or wood and shall be braced to insure proper alignment and grade.
h. 
After pouring concrete, it shall be spaded so as to ensure the elimination of air pockets between the forms and concrete. Before the concrete has thoroughly set, the forms on the exposed concrete shall be removed and the front and top sides shall be finished with a wood float and steel trowel to make a uniform finish.
i. 
Belgium block curb may be used in lieu of cement concrete curbing provided that it is set in a cement mortar mix. Use of this type of curb is to be specifically approved by the agency granting site plan or subdivision approval.
j. 
Curb ramps for the physically handicapped, in accordance with N.J. State Statutes, shall be provided when undertaking construction or reconstruction of streets, curbs, or sidewalks.
Design Criteria for curb ramps shall include:
1. 
A sight distance study to insure that curb ramps are placed in such a location that motorists clearly see wheelchair occupants when they cross the roadway.
2. 
The curb ramp area should be kept clear of utilities, relocating existing utilities if necessary, so as to provide maximum visibility of and for curb ramp users.
3. 
Transitions from the sidewalk to the curb ramp or to the landing area must be gradual.
4. 
Curb ramps shall be placed at all intersections and crosswalks.
5. 
Two curb ramps will be constructed at each corner, one on each street within the crosswalk area. If the ramp cannot be constructed within the existing crosswalk, the crosswalk shall be modified to include the ramp.
6. 
Where feasible the ramp shall be parallel to the sidewalk and out of the normal pedestrian path.
7. 
The curb ramp surface shall be constructed with a rough broom finish.
a. 
Driveways shall be so located as to avoid further traffic congestion, undue interference with, or restriction of the free movement of normal road traffic.
b. 
Driveways shall be constructed where there are no sharp curves, or steep grades, and where sight distance in conjunction with driveway access would be adequate for safe traffic operation in accordance with the duly promulgated plates indicating the minimum corner clearances and driveway spacings for developed areas.
The required sight distance shall measure 3.75 feet to 4.5 feet above the road surface from a vehicle stopped ten feet in back of the edge of pavement. A table of such distances is shown in the plates as promulgated.
a. 
Pavements shall be designed based on traffic projections and soil conditions, and for a minimum life of 15 years. Design standard references are as indicated in subsection 22-4.4 "a". In no case shall less than the following material and thickness be used unless specifically approved by the agency granting site plan or subdivision approval.
1. 
Residential Zones.
Two inches (Compacted) bituminous concrete FABC-1 Surface Coarse. Mix No. 5 and, 5" of Type 5, Class "A" Soil Aggregate meeting the requirements of the N.J. Dept. of Transportation specifications or, six inches Portland cement concrete mix as required for Portland cement concrete sidewalks (Section 22-5).
2. 
Commercial Zones
Two inches (Compacted) bituminous concrete FABC-1 Surface Coarse. Mix No. 5 and, six inches of Type 5, Class "a" Soil Aggregate meeting the requirements of the N.J. Dept. of Transportation specifications, or two inches (Compacted) FABC-1 Surface Coarse. Mix No. 5 and, three inches (Compacted) bituminous stabilized base coarse, Mix No. 1 meeting the requirements of the N.J. Dept. of Transportation specifications.
3. 
Industrial Zones
Two inches (Compacted) bituminous concrete FABC-1 Surface Coarse Mix No. 5 and four inches (Compacted) bituminous Stabilized Base Coarse Mix No. 1 meeting the requirements of the N.J. Dept. of Transportation specifications.
b. 
Bituminous concrete surface and/or base coarse are to be compacted using a five ton roller for Residential Zones and a ten ton roller for Commercial and Industrial Zones, unless specifically approved otherwise in writing by the township engineer.
a. 
General. Driveway dimensions shall be adequate to accommodate the volume and character of the daily flow of vehicles anticipated.
b. 
Driveways serving large volumes of daily traffic or traffic over 25 percent of which is truck traffic shall be required to use high to maximum dimensions as indicated in the following table. Driveways serving low daily traffic volumes or traffic less than 25 percent of which is truck traffic shall be permitted to use low to minimum dimensions.
One-Way Operation
Two-Way Operation
Curbline opening (ft)
Driveway width (ft)
Curbline opening (ft)
Driveway width (ft)
1-2 Family Residence
12-15
10-13
12-30
10-26
5-10 Family Residence
12-15
10-13
12-30
10-26
10 Family or over Residence
12-30
10-26
24-36
20-30
Commercial/Industrial
24-50
15-34
26-50
24-46
Service Stations
15-38
12-34
24-38
20-34
c. 
Driveways are to be paved full width.
All grades on driveways shall be sufficiently flat to prevent dragging of any vehicle undercarriage. The maximum permitted gradients for driveways are shown on the plates as promulgated.
Requirements in this section shall be read in conjunction with and shall be deemed to be supplemental to the requirements and standards set forth in sections 20-5.3 and 20-5.4 of the East Windsor Township Zoning Ordinance.
a. 
The minimum stall width and depth shall be nine and 18 feet respectively, except for the following uses:
1. 
Retail store: 10 feet by 18 feet.
2. 
Hospital or sanitarium: 10 feet by 18 feet.
3. 
Club, nightclub or lounge: 10 feet by 20 feet.
b. 
The minimum width of access aisles shall conform to the following requirements:
Aisle Width
Parking Angle
(degrees)
One-Way Traffic
(Feet)
Two-Way Traffic
(Feet)
0 (Parallel Parking)
12
24
30
14
24
45
14
24
60
18
24
90 (Perpendicular Parking)
24
24
c. 
Spaces shall be striped with lines four inches wide, and double striped between spaces with lines two feet on center. A hairpin striping configuration shall be made at the head of the double stripe.
The standards set forth in subsection 22-8.3 shall be deemed to apply to thickness and design as to pavement in the construction of off-street parking areas.
Every commercial or industrial building or group of contiguous buildings on a single lot the total gross floor area of which is over 20,000 square feet and the facade(s) of which abut(s) on a parking area, or which is only separated from such parking area by a pedestrian walkway, shall have a fire line in each parking area abutting such facade or walkway. The fire lane shall be at least 12 feet wide and shall be so designed as to provide full access to every side of the building bordering on a parking area for fire and other emergency vehicles. The perimeter of fire lanes shall be clearly delineated in paint and the words "Fire Lane" shall be placed adjacent thereto at least every 100 linear feet. The fire lane shall not include loading areas as approved pursuant to any development applications.
a. 
All installations shall be properly connected to an approved system.
b. 
Drainage facilities are to be designed and constructed considering future development within the drainage area, and so as not to cause adverse flooding, erosion, silting or damaging effects to a roadway or lands that are being developed or improved.
c. 
An access to all drainage facilities shall be dedicated to the township by a deed of easement providing no less than a 30 foot wide area in order to permit access for the purposes of maintaining, repairing and correcting drainage facilities.
a. 
Inlet spacings in streets shall not exceed 350 feet or a design inlet flow of 6.0 C.F.S., whichever condition is more stringent.
b. 
Access manholes shall not exceed a spacing of 400 feet. Manholes shall further be required at junctions of storm sewer pipes or at changes in direction of storm sewer pipe.
c. 
Sufficient inlets shall be installed at each street intersection to avoid flow across intersections.
a. 
Inlets and manholes shall be constructed in accordance with New Jersey State Department of Transportation Specifications for Road and Bridge Construction, current edition, and any amendments thereto. Inlet and manhole details are shown in the plates as promulgated. Catch basins are not permitted unless specifically approved in writing by the township engineer.
b. 
Inlet casting curb height shall be two inches greater than curb face specified unless specifically approved in writing by the township engineer.
c. 
Inlet and manhole casting material shall conform to the applicable sections of the New Jersey State Department of Transportation Specifications.
d. 
Ends of pipe starting or terminating in an open channel shall have suitable headwalls/endwalls as illustrated in the plates as promulgated.
e. 
Reinforced concrete junction chambers shall be constructed in lieu of standard circular manholes where several large diameter pipes intersect or in any other circumstances where standard circular manholes are not feasible. Design drawings shall be submitted to the township engineer for approval.
f. 
The minimum and maximum velocity of flow in closed conduits and open channel shall conform to the following:
Type of Channel
Minimum Velocity
Maximum Velocity
Closed conduits
2.5 fps
8 fps.
Open channel (earth)
2.5 fps.
6 fps.
Open channel (lined)
2.5 fps.
10 fps.
g. 
The minimum size of storm drain pipe shall be 15 inch diameter or equivalent, unless specifically approved in writing by the township engineer.
h. 
The minimum type of pipe shall be reinforced concrete, Class III conforming to the latest ASTM - C76 designation.
i. 
The minimum depth of cover over a pipe shall be two feet.
j. 
Detention/retention basins may be required to avoid adverse conditions resulting from increased storm water flow.
k. 
On plots of land where the water table is suspected to be high and/or drainage conditions are poor, a detailed analysis of the site by a professional engineer may be required prior to the issuance of a building permit.
l. 
Where in the opinion of the township engineer the subgrade upon which pipe is to be laid is unsuitable as an acceptable bearing surface, a layer of specified thickness of 3/4" crushed stone or bank-run gravel will be required.
m. 
Joints for reinforced concrete pipes shall be made using rubber gaskets or mastic, as approved by the township engineer. Cement mortar joints shall not be permitted unless specifically approved in writing by the township engineer.
a. 
Hydrologic analysis for the design of storm drain systems (exclusive of retention/detention basins) shall be made using the "Rational Formula", unless an alternate method is requested by the applicant and approved in writing by the township engineer.
The "Rational Formula", i.e. Q=Aci has as its components:
Q
-
Peak storm water discharge of a watershed in cubic feet per second (cfs) based on a minimum storm frequency of 15 years.
A
-
Area of watershed in acres.
c
-
Coefficient of runoff as determined by analysis but in no case less than the values given in Table 1.
i
-
Intensity of rainfall in inches per hour based on a 12 minute time of concentration unless existing conditions and analysis permits a longer period.
Table 1
Coefficient of Runoff Values (c)
Type of Surface
Minimum Value of c
A.
Soil Cover and Types
Pavement
0.95
Stone
0.35
Sand (bare)
0.30
Sand (with vegetation)
0.20
Loam (bare)
0.35
Loam (with vegetation)
0.25
Gravel (bare)
0.30
Gravel (with vegetation
0.20
Clay (bare)
0.35
Clay (with vegetation)
0.30
B.
Land Uses
Agricultural
0.25
Park/Recreation
0.20
Residential (Low Density)
0.30
Residential (Medium Density)
0.40
Residential (High Density)
0.50
Commercial/Industrial
0.70
P.D.
To be determined by detailed analysis
b. 
Hydraulic analysis for the sizing of open and closed conduits shall be based on the "Manning Formula," unless an alternative method is requested and approved in writing by the township engineer. Conduits shall be designed flowing full but not under pressure.
1. 
The "Manning Formula," i.e. Q = a 1.486 R 2/3 S 1/2 has as its components:
Q
-
Flow in conduit in cubic feet per second.
a
-
Cross-sectional area of water flow through conduit in square feet.
R
-
Hydraulic radius of conduit in feet, i.e. Area divided by wetted perimeter.
S
-
Slope of conduit in feet per foot.
V
-
Average velocity of water in conduit in feet per second.
n
-
Roughness coefficient of the conduit. Values shall not be greater than those shown in Table 2.
Table 2
n values for Manning Formula
Type of Pipe
Minimum Value of n
Concrete
0.013
Asbestos Cement
0.013
Corrugated Metal (1/2" corr.)
0% paved
0.028
25% paved
0.024
50% paved
0.021
100% paved
0.015
Cast Iron (clean)
0.015
[1]
Editor's Note: Former subsections 22-10.5, Detention/Retention Facilities, 22-10.6, Outflow from Drainage Not to Affect Quality Standards, and 22-10.7, Maintenance of Detention/Retention Basins, previously codified herein, were repealed in their entirety by Ordinance No. 2006-4. See Section 22-10A for regulations pertaining to detention/retention basins.
a. 
Policy Statement. Flood control, groundwater recharge, and pollutant reduction through nonstructural or low impact techniques shall be explored before relying on structural BMPs. Structural BMPs should be integrated with nonstructural stormwater management strategies and proper maintenance plans. Nonstructural strategies include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater. Source control plans should be developed based upon physical site conditions and the origin, nature, and the anticipated quantity or amount of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.
b. 
Purpose. It is the purpose of this section to establish minimum stormwater management requirements and controls for "major development," as defined in subsection 22-10A.2.
c. 
Applicability.
1. 
This section shall be applicable to all site plans and subdivisions for the following major developments that require preliminary or final site plan or subdivision review:
(a) 
Nonresidential major developments; and
(b) 
Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21.
2. 
This section shall also be applicable to all major developments undertaken by the Township of East Windsor.
d. 
Compatibility with Other Permit and Ordinance Requirements. Development approvals issued for subdivisions and site plans pursuant to this section are to be considered an integral part of development approvals under the subdivision and site plan review process and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.
Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
CAFRA PLANNING MAP
Shall mean the geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.
CAFRA CENTERS, CORES OR NODES
Shall mean those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B.
COMPACTION
Shall mean the increase in soil bulk density.
CORE
Shall mean a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY
Shall mean an agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
A county planning agency; or
A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT
Shall mean the New Jersey Department of Environmental Protection.
DESIGNATED CENTER
Shall mean a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
DESIGN ENGINEER
Shall mean a person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
DEVELOPMENT
Shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or 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, by any person, 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 lands, 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.
DRAINAGE AREA
Shall mean a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.
ENVIRONMENTALLY CRITICAL AREAS
Shall mean an area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
EMPOWERMENT NEIGHBORHOOD
Shall mean a neighborhood designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.
EROSION
Shall mean the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
IMPERVIOUS SURFACE
Shall mean a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION
Shall mean the process by which water seeps into the soil from precipitation.
MAJOR DEVELOPMENT
Shall mean any "development" that provides for ultimately disturbing one or more acres of land. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.
MUNICIPALITY
Shall mean any city, borough, town, township, or village.
NODE
Shall mean an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NUTRIENT
Shall mean a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, Township of East Windsor, or political subdivision of this State subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
POLLUTANT
Shall mean any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
RECHARGE
Shall mean the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
SEDIMENT
Shall mean solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
SITE
Shall mean the lot or lots upon which a major development is to occur or has occurred.
SOIL
Shall mean all unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
Shall mean an area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the State's future redevelopment and revitalization efforts.
STATE PLAN POLICY MAP
Is defined as the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
STORMWATER RUNOFF
Shall mean water flow on the surface of the ground or in storm sewers, resulting from precipitation.
STORMWATER MANAGEMENT BASIN
Shall mean an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Shall mean any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.
TIDAL FLOOD HAZARD AREA
Shall mean a flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
Shall mean a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONES
Shall mean a zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.
URBAN REDEVELOPMENT AREA
Previously developed portions of areas:
1. 
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
2. 
Designated as CAFRA Centers, Cores or Nodes;
3. 
Designated as Urban Enterprise Zones; and
4. 
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS or WETLAND
Shall mean an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
a. 
Design and Performance Standards for Stormwater Management Measures.
1. 
Stormwater management measures for major development shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards in subsection 22-10A.4. To the maximum extent practicable, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.
2. 
The standards in this section apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or Water Quality Management Plan adopted in accordance with Department rules.
a. 
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with subsection 22-10A.10.
b. 
Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Departments' Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).
c. 
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of subsections 22-10A.4f and 22-10A.4g:
1. 
The construction of an underground utility line provided that the disturbed areas are revegetated upon completion;
2. 
The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable; and
3. 
The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.
d. 
A waiver from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of subsections 22-10A.4f and 22-10A.4g may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
1. 
The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;
2. 
The applicant demonstrates through an alternatives analysis, that through the use of nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of subsections 22-10A.4f and 22-10A.4g to the maximum extent practicable;
3. 
The applicant demonstrates that, in order to meet the requirements of subsections 22-10A.4f and 22-10A.4g, existing structures currently in use, such as homes and buildings, would need to be condemned; and
4. 
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under paragraph d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of subsections 22-10A.4f and 22-10A.4g that were not achievable on-site.
e. 
Nonstructural Stormwater Management Strategies.
1. 
To the maximum extent practicable, the standards in subsection 22-10A.4f and subsection 22-10A.4g shall be met by incorporating nonstructural stormwater management strategies set forth at subsection 22-10A.4e into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management measures identified in paragraph 2 below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.
2. 
Nonstructural stormwater management strategies incorporated into site design shall:
(a) 
Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;
(b) 
Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces;
(c) 
Maximize the protection of natural drainage features and vegetation;
(d) 
Minimize the decrease in the "time of concentration" from preconstruction to post construction. "Time of concentration" is defined as the time it takes for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed;
(e) 
Minimize land disturbance including clearing and grading;
(f) 
Minimize soil compaction;
(g) 
Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers and pesticides;
(h) 
Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas;
(i) 
Provide other source controls to prevent or minimize the use or exposure of pollutants at the site, in order to prevent or minimize the release of those pollutants into stormwater runoff. Such source controls include, but are not limited to:
(1) 
Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy subsection 22-10A.4e3 below;
(2) 
Site design features that help to prevent discharge of trash and debris from drainage systems;
(3) 
Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and
(4) 
When establishing vegetation after land disturbance, applying fertilizer in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.
3. 
Site design features identified under subsection 22-10A.4e2(i)(2) above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 22-10A.4e3(c) below.
(a) 
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
(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 (April 1996); 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 basin floors.
(b) 
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.
(c) 
This standard does not apply:
(1) 
Where the review agency determines that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
(2) 
Where flows from the water quality design storm as specified in subsection 22-10A.4g1 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:
(a) 
A rectangular space four and five-eighths inches long and one and one-half inches wide (this option does not apply for outfall netting facilities); or
(b) 
A bar screen having a bar spacing of 0.5 inches.
(3) 
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the water quality design storm as specified in subsection 22-10A.4g1; or
(4) 
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.
4. 
Any land area used as a nonstructural stormwater management measure to meet the performance standards in subsections 22-10A.4f and 22-10A.4g shall be dedicated to a government agency, subjected to a conservation restriction filed with the appropriate County Clerk's office, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the reviewing agency is maintained in perpetuity.
5. 
Guidance for nonstructural stormwater management strategies is available in the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in subsection 22-10A.7, or found on the Department's website at www.njstormwater.org.
f. 
Erosion Control, Groundwater Recharge and Runoff Quantity Standards.
1. 
This subsection contains minimum design and performance standards to control erosion, encourage and control infiltration and groundwater recharge, and control stormwater runoff quantity impacts of major development.
(a) 
The minimum design and performance standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq. and implementing rules.
(b) 
The minimum design and performance standards for groundwater recharge are as follows:
(1) 
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at subsection 22-10A.5, either:
(i) 
Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100 percent of the average annual preconstruction groundwater recharge volume for the site; or
(ii) 
Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the two-year storm is infiltrated.
(2) 
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to paragraph (3) below.
(3) 
The following types of stormwater shall not be recharged:
(i) 
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
(ii) 
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.
(4) 
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 and other subsurface structures in the vicinity or downgradient of the groundwater recharge area.
(c) 
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at subsection 22-10A.5, complete one of the following:
(1) 
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the 2-, 10-, and 100-year storm events do not exceed, at any point in time, the preconstruction 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 2-, 10-, 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 2-, 10- and 100-year storm events are 50, 75 and 80 percent, respectively, of the pre-construction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed. The percentages shall not be applied to post-construction stormwater runoff into tidal flood hazard areas if the increased volume of stormwater runoff will not increase flood damages below the point of discharge; or
(4) 
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with paragraphs (1), (2) and (3) above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.
2. 
Any application for a new agricultural development that meets the definition of major development at subsection 22-10A.2 shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of this section and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For the purposes of this section, "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 manufacturing of agriculturally related products.
g. 
Stormwater Runoff Quality Standards.
1. 
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff by 80 percent of the anticipated load from the developed site, expressed as an annual average. Stormwater management measures shall only be required for water quality control if an additional one-quarter acre of impervious surface is being proposed on a development site. 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 Pollution Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. 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 1. The calculation of the volume of runoff may take into account the implementation of nonstructural and structural stormwater management measures.
Table 1: Water Quality Design Storm Distribution
Time
(Minutes)
Cumulative Rainfall
(Inches)
0
0.0000
5
0.0083
10
0.0166
15
0.0250
20
0.0500
25
0.0750
30
0.1000
35
0.1330
40
0.1660
45
0.2000
50
0.2583
55
0.3583
60
0.6250
65
0.8917
70
0.9917
75
1.0500
80
1.0840
85
1.1170
90
1.1500
95
1.1750
100
1.2000
105
1.2250
110
1.2334
115
1.2417
120
1.2500
2. 
For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in subsection 22-10A.7, or found on the Department's website at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in subsection 22-10A.7. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be provided to the Department at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, PO Box 418, Trenton, New Jersey, 08625-0418.
3. 
If more than one BMP in series is necessary to achieve the required 80 percent 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, and
A
=
the TSS percent removal rate applicable to the first BMP
B
=
the TSS percent removal rate applicable to the second BMP.
Table 2: TSS Removal Rates for BMPs
Best Management Practice
TSS Percent Removal Rate
Bioretention Systems
90
Constructed Stormwater Wetland
90
Extended Detention Basin
40-60
Infiltration Structure
80
Manufactured Treatment Device
See subsection 22-10A.6c
Sand Filter
80
Vegetative Filter Strip
60-80
Wet Pond
50-90
4. 
If there is more than one on-site drainage area, the 80 percent TSS removal rate shall apply to each drainage area, unless the runoff from the subareas converge on site in which case the removal rate can be demonstrated through a calculation using a weighted average.
5. 
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 nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in subsections 22-10A.4f and 22-10A.4g.
6. 
Additional information and examples are contained in the New Jersey Stormwater Best Management Practices Manual, which may be obtained from the address identified in subsection 22-10A.7.
7. 
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.
8. 
Special water resource protection areas shall be established along all waters designated Category One at N.J.A.C. 7:9B, and perennial or intermittent streams that drain into or upstream of the Category One waters as shown on the USGS Quadrangle Maps or in the County Soil Surveys, within the associated HUC14 drainage area. These areas shall be established for the protection of water quality, aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, and exceptional fisheries significance of those established Category One waters. These areas shall be designated and protected as follows:
(a) 
The applicant shall preserve and maintain a special water resource protection area in accordance with one of the following:
(1) 
A 300-foot special water resource protection area shall be provided on each side of the waterway, measured perpendicular to the waterway from the top of the bank outwards or from the centerline of the waterway where the bank is not defined, consisting of existing vegetation or vegetation allowed to follow natural succession is provided.
(2) 
Encroachment within the designated special water resource protection area under paragraph (1) above shall only be allowed where previous development or disturbance has occurred (for example, active agricultural use, parking area or maintained lawn area). The encroachment shall only be allowed where applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable. In no case shall the remaining special water resource protection area be reduced to less than 150 feet as measured perpendicular to the top of bank of the waterway or centerline of the waterway where the bank is undefined. All encroachments proposed under this subparagraph shall be subject to review and approval by the Department.
(b) 
All stormwater shall be discharged outside of and flow through the special water resource protection area and shall comply with the Standard for Off-Site Stability in the "Standards For Soil Erosion and Sediment Control in New Jersey," established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
(c) 
If stormwater discharged outside of and flowing through the special water resource protection area cannot comply with the Standard For Off-Site Stability in the "Standards for Soil Erosion and Sediment Control in New Jersey," established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., then the stabilization measures in accordance with the requirements of the above standards may be placed within the special water resource protection area, provided that:
(1) 
Stabilization measures shall not be placed within 150 feet of the Category One waterway;
(2) 
Stormwater associated with discharges allowed by this section shall achieve a 95 percent TSS post-construction removal rate;
(3) 
Temperature shall be addressed to ensure no impact on the receiving waterway;
(4) 
The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable;
(5) 
A conceptual project design meeting shall be held with the appropriate Department staff and Soil Conservation District staff to identify necessary stabilization measures; and
(6) 
All encroachments proposed under this section shall be subject to review and approval by the Department.
(d) 
A stream corridor protection plan may be developed by a regional stormwater management planning committee as an element of a regional stormwater management plan, or by a municipality through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject to subsection 22-10A.4g8 has been approved by the Department of Environmental Protection, then the provisions of the plan shall be the applicable special water resource protection area requirements for that waterway. A stream corridor protection plan for a waterway subject to subsection 22-10A.4g8 shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in subsection 22-10A.4g8(a)(1) above. In no case shall a stream corridor protection plan allow the reduction of the Special Water Resource Protection Area to less than 150 feet as measured perpendicular to the waterway subject to this subsection.
(e) 
Paragraph g8 does not apply to the construction of one individual single family dwelling that is not part of a larger development on a lot receiving preliminary or final subdivision approval on or before February 2, 2004, provided that the construction begins on or before February 2, 2009.
a. 
Stormwater runoff shall be calculated in accordance with the following:
1. 
The design engineer shall calculate runoff using one of the following methods:
(a) 
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook Section 4 — Hydrology and Technical Release 55 — Urban Hydrology for Small Watersheds; or
(b) 
The Rational Method for peak flow and the Modified Rational Method for hydrograph computations.
2. 
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology at subsection 22-10A.5a1(a) and the Rational and Modified Rational Methods at subsection 22-10A.5a1(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
3. 
In computing preconstruction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce preconstruction stormwater runoff rates and volumes.
4. 
In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 — Urban Hydrology for Small Watersheds and other methods may be employed.
5. 
If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.
b. 
Groundwater recharge may be calculated in accordance with the following:
1. 
The New Jersey Geological Survey Report GSR-32 A Method for Evaluating Ground-Water Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at http://www.state.nj.us/dep/njgs/; or at New Jersey Geological Survey, 29 Arctic Parkway, P.O. Box 427, Trenton, New Jersey 08625-0427; (609) 984-6587.
a. 
Standards for structural stormwater management measures are as follows:
1. 
Structural stormwater management measures shall be designed to take into account the existing site conditions, including, for example, environmentally critical areas, wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone).
2. 
Structural 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 one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of subsection 22-10A.8d.
3. 
Structural stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall be deemed to meet this requirement.
4. 
At the intake to the outlet from the stormwater management basin, the orifice size shall be a minimum of two and one-half inches in diameter.
5. 
Stormwater management basins shall be designed to meet the minimum safety standards for stormwater management basins at subsection 22-10A.8.
b. 
Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by subsection 22-10A.4 of this section.
c. 
Manufactured treatment devices may be used to meet the requirements of subsection 22-10A.4 of this section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department.
a. 
Technical guidance for stormwater management measures can be found in the documents listed at paragraphs 1 and 2 below, which are available from Maps and Publications, New Jersey Department of Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey, 08625; telephone (609) 777-1038.
1. 
Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended. Information is provided on stormwater management measures such as: bioretention systems, constructed stormwater wetlands, dry wells, extended detention basins, infiltration structures, manufactured treatment devices, pervious paving, sand filters, vegetative filter strips, and wet ponds.
2. 
The New Jersey Department of Environmental Protection Stormwater Management Facilities Maintenance Manual, as amended.
b. 
Additional technical guidance for stormwater management measures can be obtained from the following:
1. 
The "Standards for Soil Erosion and Sediment Control in New Jersey" promulgated by the State Soil Conservation Committee and incorporated into N.J.A.C. 2:90. Copies of these standards may be obtained by contacting the State Soil Conservation Committee or any of the Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey 08625; (609) 292-5540;
2. 
The Rutgers Cooperative Extension Service, (732) 932-9306; and
3. 
The Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey, 08625, (609) 292-5540.
a. 
This subsection sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This subsection applies to any new stormwater management basin.
b. 
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
1. 
A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management basin to ensure proper functioning of the basin outlets in accordance with the following:
(a) 
The trash rack shall have parallel bars, with no greater than six inch spacing between the bars.
(b) 
The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure.
(c) 
The average velocity of flow through a clean trash rack is not to exceed two and one-half 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.
(d) 
The trash rack shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 lbs./ft. sq.
2. 
An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:
(a) 
The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.
(b) 
The overflow grate spacing shall be no less than two inches across the smallest dimension.
(c) 
The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 lbs./ft. sq.
3. 
For purposes of this paragraph 3, escape provisions means the permanent installation of ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. Stormwater management basins shall include escape provisions as follows:
(a) 
If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in subsection 22-10A.8c a freestanding outlet structure may be exempted from this requirement.
(b) 
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than two and one-half feet. Such safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately two and one-half feet below the permanent water surface, and the second step shall be located one to one and one-half feet above the permanent water surface. See subsection 22-10A.8d for an illustration of safety ledges in a stormwater management basin
(c) 
In new stormwater management basins, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than 3 horizontal to 1 vertical.
c. 
Variance or Exemption from Safety Standards.
1. 
A variance or exemption from the safety standards for stormwater management basins may be granted only upon a written finding by the appropriate reviewing agency (municipality, county or Department) that the variance or exemption will not constitute a threat to public safety.
d. 
Illustration of Safety Ledges in a New Stormwater Management Basin.
022--Image-1.tif
a. 
Submission of Site Development Stormwater Plan.
1. 
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at subsection 22-10A.9c below as part of the submission of the applicant's application for subdivision or site plan approval.
2. 
The applicant shall demonstrate that the project meets the standards set forth in this section.
3. 
The applicant shall submit four copies of the materials listed in the checklist for site development stormwater plans in accordance with subsection 22-10A.9c of this section.
b. 
Site Development Stormwater Plan Approval. The applicant's site development project shall be reviewed as a part of the subdivision or site plan review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the engineer retained by the Planning and/or Zoning Board (as appropriate) to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this ordinance.
c. 
Checklist Requirements. The following information shall be required:
1. 
Topographic Base Map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of 1 inch = 200 feetor greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.
2. 
Environmental Site Analysis. A written and graphic description of the natural and man-made features of the site and its environs. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.
3. 
Project Description and Site Plan(s). 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 occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high ground water elevations. A written description of the site plan and justification of proposed changes in natural conditions may also be provided.
4. 
Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of subsections 22-10A.3 through 22-10A.6 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
5. 
Stormwater Management Facilities Map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
(a) 
Total area to be paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.
(b) 
Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.
6. 
Calculations.
(a) 
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in subsection 22-10A.4 of this section.
(b) 
When the proposed stormwater management control measures (e.g., infiltration basins) depends on the hydrologic properties of soils, then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.
7. 
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of subsection 22-10A.10.
8. 
Waiver from Submission Requirements. The municipal official or board reviewing an application under this ordinance may, in consultation with the municipal engineer, waive submission of any of the requirements in subsections 22-10A.9c1 through 22-10A.9c6 of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
a. 
Applicability.
1. 
Projects subject to review as in subsection 22-10A.1c of this section shall comply with the requirements of subsections 22-10A.10b, 22-10A.10c and 22-10A.10d.
b. 
General Maintenance.
1. 
The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.
2. 
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual. If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's agreement to assume this responsibility, or of the developer's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.
3. 
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.
4. 
If the person responsible for maintenance identified under subsection 22-10A.10b2 above is not a public agency, the maintenance plan and any future revisions based on subsection 22-10A.10b7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
5. 
Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including 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.
6. 
The person responsible for maintenance identified under subsection 22-10A.10b2 above shall 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.
7. 
The person responsible for maintenance identified under subsection 22-10A.10b2 above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
8. 
The person responsible for maintenance identified under subsection 22-10A.10b2 above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by subsections 22-10A.10b6 and 22-10A.10b7 above.
9. 
The requirements of subsections 22-10A.10b3 and 22-10A.10b4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.
10. 
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.
c. 
All detention/retention basins for stormwater drainage in any multifamily residential use development or nonresidential use developments shall be owned and maintained by a condominium, homeowner's association or other private individual or group. All detention/retention basins for stormwater drainage located within or as a part of a solely single-family residential use development shall be dedicated to the Township of East Windsor. Prior to the acceptance of any stormwater facility by the Township of East Windsor, same shall be certified by the township engineer to have been constructed in accordance with the requirements and specifications of this section. In addition, prior to the issuance of any certificate of occupancy, the developer shall post with the Township of East Windsor an amount to be determined in accordance with the formula set forth below for maintenance for 25 years to be placed in an escrow account maintenance, which funds shall be utilized for the maintenance of such detention/retention facility.
1. 
The fees required by Schedule "A"[1] set forth below shall be for the purpose of reimbursing the township for direct fees, costs, charges and expenses for the maintenance of a detention/retention facility including, but not limited to routine mowing, maintenance of landscaping, general maintenance concerning inlets, cleaning of property and long range maintenance on a periodic basis.
[1]
Editor's Note: Schedule A, referred to herein, is included as an attachment to this chapter.
2. 
The escrow amount required by Schedule "A"[2] shall be deposited with the township prior to the issuance of any certificates of occupancy. All funds shall remain in an interest bearing escrow account. The entire amount of any interest shall be applied to the purposes for which it was originally deposited.
[2]
Editor's Note: Schedule A, referred to herein, is included as an attachment to this chapter.
3. 
All costs, expenses, charges and fees incurred by the township for the maintenance of a detention/retention basin shall be charged against the escrow fund established for the maintenance of such a basin.
4. 
The township will conduct maintenance programs at its discretion and shall maintain liability insurance on the basin out of the funds so created. The maintenance programs may include:
(a) 
Routine mowing of the property. Mowing costs shall be estimated at the rate of one acre per hour. The cost per hour for township labor and equipment shall be multiplied by the number of acres to be mowed. A base number shall also be included for the mobilization and the maintenance of the equipment.
(b) 
Maintenance of landscaping. The cost shall be based upon the number of hours for landscape maintenance multiplied by a rate per hour for labor and equipment. Any and all additional stock which shall be necessary to replace approved landscaping shall also be charged against the fund.
(c) 
General maintenance. The cost for general maintenance shall be based upon a one-hour mobilization time together with the total number of hours expended times the rate per hour for township labor and equipment.
(d) 
Long-term maintenance. The long-term maintenance shall be calculated on a cost per acre and applied against the assumption that a residential detention/retention basin needs rejuvenation every 15 years. These amounts are reduced thereto an annualized cost.
(e) 
Insurance. The township shall assume liability for the property and a portion of the fund shall be used for purchase of insurance for the detention/retention basin.
5. 
Calculation of the Developer Fund. The amount of money to be placed in escrow shall be calculated in accordance with the worksheet set forth in Schedule "A."[3] The first year costs are multiplied by the factor of 26.48. Said calculation provides for the township to receive sufficient funding for 25 years based upon an assumption of a six percent increase per year and a five and one-half percent return on investment earnings added to the account. The cost for the maintenance by the township employees shall be based upon the amount of time services are performed, and the unit (i.e., per diem or hourly fee) of the professional, expert, employee or staff in accordance with the contracts or as prescribed by the salary ordinance of the Township of East Windsor.
[3]
Editor's Note: Schedule A, referred to herein, is included as an attachment to this chapter.
d. 
Nothing in this section shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
No use, activity, operation or device shall be established, modified, constructed or used in any district without having first obtained valid permits and certificates from the N.J. Department of Environmental Protection (N.J.D.E.P.) pursuant to N.J.A.C. 7:27-8. Specifically, no use, activity, operation or device shall be established, modified, or constructed without a valid "Permit to Construct." No use, activity, operation or device shall be operated, occupied or used without a valid "Certificate to Operate Control Apparatus or Equipment." Proof of compliance with this requirement shall be the submission of duplicate copies of the permit to construct and certificate to operate.
In addition to the requirements of N.J.D.E.P., the following shall also apply:
a. 
Steam Emissions: No visible emissions of steam having an equivalent opacity greater than 60 percent excepting direct results of combustion shall be permitted within 500 feet of a residential or a P.D. district.
b. 
Toxic Matter: Emissions of chemicals, gases, components or elements, listed as being toxic matter by the American Conference of Governmental Hygienists, N.J. Department of Labor and Industry or the U.S.E.P.A., shall not exceed the threshold level, as determined in accordance A.S.T.M.D. 1391. The emission of concentrations, levels or mass loadings in excess of the threshold value shall be permitted only if the emissions of the toxic matter comply with the applicable regulations of the N.J. S.E.P., N.J. Department of Labor and Industry and U.S.E.P.A. Proof of compliance shall require the submission of duplicate copies of certifications or permits from N.J.D.E.P. and N.J. Department of Labor and Industry approving the concentrations, level, or loading proposed by the applicant.
c. 
Odorous Matter: No odor shall be emitted that is detectable by the human olfactory sense at or beyond an adjacent lot line so as to be detrimental or injurious to the life, health or safety of persons using adjacent property or which significantly impairs the full use and enjoyment of the property.
Noise shall be measured with a sound level meter complying the standards of the American National Standards Institute, "American Standards Specifications for General Purpose Sound Level Meters" (A.N.S.I.S. 1.4-1961 or its latest revisions). The instruments shall be set to the A-weighted response scale and the meter to the slow response. Measurements shall be conducted in accordance with "American Standard Method for the Physical Measurements of Sound" (A.N.S.I.S. 1.2-19 its latest revision).
Noises shall not exceed the maximum sound levels specified in the table except as designated below.
NOISE LEVEL RESTRICTIONS
Performance Category
Maximum Level
Permitted
Where Measured
Residential or P.D. District
55 dBA
On or beyond the neighboring use or lot line
Agricultural District
60 dBA
On or beyond the neighboring use
All Other Districts
65 dBA
On or beyond the district boundaries
In any residential district, the A-weighted sound levels shall not exceed 45 dBA during the hours from 9:00 p.m. to 7:00 a.m. Whenever a residential district abuts any other district, the most restrict of the limitations shall apply.
a. 
The levels specified in subsections 22-12.2 may be exceeded once by 10 dB in a single period of 15 minutes, during one day.
b. 
Peak values of short duration also known as impact noises may exceed the values specified in the table by 20 dB or have a maximum noise level of 80 dBA, whichever is more restrictive.
c. 
Noises such as alarms, sirens, emergency warning devices, motor vehicles and other sources not under the direct control of property owner or user are excluded from the above limitations.
Ground-transmitted vibrations shall be measured with a seismograph or complement of instruments capable of recording vibration displacement and frequency in the three mutually perpendicular directions, simultaneously.
Vibration levels shall not exceed a particle velocity of .05 inches per sound in any district. During the hours of 9:00 p.m. to 7:00 a.m. in residential districts, vibration levels shall not exceed a particle velocity of .02 inches per second. Measurements shall be made at the points of maximum vibration intensity and on or beyond adjacent lot lines or neighboring uses, whichever is more restrictive.
Sources of heat, including but not limited to steam, gases, vapors, products of combustion or chemical reaction shall not discharge onto or directly contact structures, plant life or animal life on neighboring uses or impair the function or operation of a neighboring use. No use, occupation, activity, operation or device shall cause an increase in ambient temperature, as measured on the property line between adjacent properties.
No use, operation or activity shall produce an illumination in excess of 1.0 footcandles in a residential district. In all districts, light intensities of all illumination sources shall be kept as low as possible and shall not interfere, annoy, cause deformity, or cause loss of visual performance to persons and animals on adjacent properties.
No use, activity, operation or device concerned with the utilization or storage of radioactive materials shall be established, modified, constructed or used without having first obtained valid permits and certificates from the Office of Radiation Protection, N.J.D.E.P.
Proof of compliance with this requirement shall be the submission of duplicate copies of said permits and certificates.
a. 
Any operation, use or activity involving the manufacture, utilization, or storage of flammable, combustible and/or explosive materials shall be conducted in accordance with the regulations promulgated by the Department of Labor and Industry of N.J., or the Fire Code of the National Fire Protection Association, whichever is more restrictive.
b. 
All flammable, explosive and /or combustible material shall be stored in accordance with the National Fire Protection or New Jersey Department of Labor and Industry Codes, whichever is more restrictive.
c. 
All outdoor storage facilities for fuel, raw materials and products stored outdoors, shall be enclosed by an approved safety fence and visual screen and shall conform to all yard requirements imposed by the township zoning ordinance upon the principal buildings in the district.
d. 
No materials or wastes shall be deposited on any property in such form or manner that they may be transferred off the lot by natural causes or forces nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.
e. 
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.
All water and sanitary sewer installations shall be connected to an approved system. Approval as to design and construction requirements shall be granted in writing by the East Windsor Municipal Utilities Authority. Verification of this written approval as to installation and connection shall be transmitted to the township engineer.
a. 
Electric and telephone supply lines and service connections shall be installed underground, unless specifically approved otherwise by the agency granting site plan or subdivision approval.
b. 
The applicant shall arrange with the serving utility for the underground installation of utilities, distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff, as the same are then on file with the State of New Jersey Board of Public Utilities Commissioners, and shall submit to the appropriate township agency prior to the granting of any site plan or final subdivision approval a written statement from the serving utility which shall evidence full compliance with the provisions of this paragraph.
a. 
No topsoil shall be removed from the site or used as spoil unless such action has been specifically approved as part of a site plan or subdivision approval.
b. 
Areas requiring topsoil shall have a layer thickness of approximately six inches so that a minimum of four inches compacted thickness will result throughout the area.
c. 
Areas requiring topsoil shall be fertilized, stabilized with grass seed and spread with ground limestone, as indicated in subsection 22-19.2b.
d. 
All topsoil shall be spread and raked to a smooth, uniform surface free from foreign matter. It shall then be compacted with a roller of sufficient weight to meet finished grades.
e. 
The amount of grass seed per thousand square feet to be applied at any site shall be determined by the shade tree commission based on the type of land use, the nature of the terrain, the soil and other natural conditions prevalent at the site.
f. 
Seeding shall ordinarily be done when weather and soil conditions are suitable between March 15 and May 1 or between August 15 and October 15.
a. 
Topsoil used for stripping within the limits of the project shall contain no stones, lumps, roots, or similar objects larger than 1 1/2 inches in any dimension, and shall have a pH value of not less than 5.8 nor more than 7.2.
b. 
When the pH value is less than 5.8 ground limestone shall be applied at a rate necessary to attain a pH value of approximately 6.5.
In determining a proposed topsoil's ability to sustain plant growth, the following test specifications shall apply:
a. 
Physical Analysis (Soil Texture)
Quantity
Range of Particle Diameter
% by oven dry wt.
Size Fraction
Inches
Millimeters (mm)
Less than 2%
Gravel
Larger than 1
25
Less than 3%
Gravel
1/4 to 1
6-25
Less than 10%
Gravel
2/25 to 1/4
2-6
40% to 70%
Sand
1/500 to 2/25
.05-2.0
20% to 40%
Silt
1/12,500 to 1/500
.002-.05
Less than 20%
Clay
Smaller than
1/12,500
.002
1. 
Amounts of sand, silt and clay - determined by official hydrometer method or mechanical analysis of the soil. Gravel sized particles should be determined by separation on screens with appropriate size openings.
2. 
Soil should be relatively free of undecomposed organic material like roots, sticks, leaves and paper and of any other undesirable trash like glass, plastic or metal fragments that would have to be removed before seeding or planting.
b. 
Chemical Analysis
1. 
Organic Matter content (percent oven dry weight of soil):
Sandy loam 1.25 percent to 20 percent
Loam and silt loam 2.5 percent to 20 percent
On soil with less than ten percent organic matter the wet oxidation method of analysis will be used. On soil with more than ten percent organic matter the loss on ignition method of analysis will be used.
2. 
Soluble salt content:
Conductivity (ECe, millimhos per centimeter)
Less than 1.0 mmhos/cm for a 1:1 soil:water ratio.
Less than 0.5 mmhos/cm for a 1:2 soil:water ratio.
Less than 1.33 mmhos/cm for a 1:3 soil:water ratio.
3. 
When topsoil material does not meet reasonable standards, acceptable methods shall be employed to bring the material up to standard.
A mixture of commercial, fertilizer 50 percent organic, containing 10 percent nitrogen, 6 percent phosphorous and 4 percent potash shall be incorporated at the rate of ten pounds per thousand square feet into all areas to be topsoiled.
Grass seed mixtures used on any site shall be submitted to the shade tree commission for approval in writing prior to spreading. Approval shall be based on suitability factors as set forth in subsection 22-19.1e.
a. 
Sod shall be of good quality grass free from noxious weeds. It shall contain all the dense root system of the grass and shall not be less than 1 1/2.
b. 
The topsoil material, limestone and fertilization of sodded areas shall conform to subsection 22-19.1a through d of this chapter, except that the thickness of topsoil shall be not less than three inches after compaction.
The need for guide rail or fence protection on embankments along roadways or developed lands shall be determined by the agency granting subdivision or site plan approval based on embankment slopes and height. The criteria shall be detailed in the Plates as promulgated.
Guide rail construction shall be as illustrated in the Plates as promulgated.
Fencing shall be as approved by the agency granting site plan or subdivision approval.
Monuments shall be of the size and shape required by N.J.S. 46:23-9.11q (L 1960, C. 141, sec. 3), and shall be placed in accordance therewith.
a. 
Sump pump discharge lines shall not be allowed to empty within ten feet of any property lines or onto sidewalks within the street right of way.
b. 
No certificate of occupancy shall be issued for any new residential or commercial construction with a full or partial basement, unless there shall have been installed a sump pump pit, sump pump electrical connection and a permanent connection to a storm sewer system or to some other permanent discharge point other than a sanitary sewer, approved by the township engineer.
c. 
No sump pump installed in any new residential or commercial construction shall be permitted to discharge over land nor shall a sump pump be connected temporarily or permanently to a sanitary sewer system or lines of the East Windsor Municipal Utilities Authority. Discharge over land where no storm sewers are available may be permitted on any property exceeding two acres in area, subject to the township engineer's approval.
d. 
The agency granting approval may require a system of pipe drains paralleling the curb line to collect water from sump pump discharge lines where drainage conditions require. This collector system shall be connected to manholes or inlets are approved by the township engineer.
e. 
The township may periodically examine sump pump discharge lines to determine if any hazardous conditions such as potential ice hazards on sidewalks or creation of erosion or stagnant water in the public right-of-way exist.
f. 
If a determination has been made by the township that a hazardous condition exists, the property owner or developer shall be responsible for correcting the condition at its expense.
g. 
The applicable section of Chapter 15 of "Streets and Sidewalks" shall apply and corrective measures undertaken pursuant to section 22-22, paragraph f shall be done in conformance with the standards set forth in this section.
All applications for site plan, subdivision or other land use plan approvals must submit with their application a soil erosion and sediment control plan as submitted to the Mercer County Soil Conservation District for approval or a written statement as to why the project applied for is exempt under C. 251 of Laws of 1975.
[1]
Editor's Note: Prior ordinance history: Ord. No. 1976-34.
[Ord. No. 2016-07 § 1; Ord. No. 2016-10 § 1]
The Legislature of the State of New Jersey has in N.J.S.A. 40:48-1, et seq., delegated the responsibility to local governmental units to adopt regulations designed to promote public health, safety, and general welfare of its citizenry. Therefore, the Council of the Township of East Windsor of Mercer County, New Jersey does ordain as follows.
[Ord. No. 2016-07 § 1; Ord. No. 2016-10 § 1]
a. 
The flood hazard areas of the Township of East Windsor are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
b. 
These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, causes damage in other areas. Uses that are inadequately flood-proofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
[Ord. No. 2016-07 § 1; Ord. No. 2016-10 § 1]
It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
a. 
Protect human life and health;
b. 
Minimize expenditure of public money for costly flood control projects;
c. 
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
d. 
Minimize prolonged business interruptions;
e. 
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, bridges located in areas of special flood hazard;
f. 
Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;
g. 
Ensure that potential buyers are notified that property is in an area of special flood hazard; and
h. 
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
[Ord. No. 2016-07 § 1; Ord. No. 2016-10 § 1]
In order to accomplish its purposes, this section includes methods and provisions for:
a. 
Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
b. 
Requiring that uses vulnerable to floods including facilities which serve such uses, be protected against flood damage at the time of initial construction;
c. 
Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
d. 
Controlling filling, grading, dredging, and other development which may increase flood damage; and,
e. 
Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
[Ord. No. 2016-07 § 2; Ord. No. 2016-10 § 2]
Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.
AO ZONE
Areas subject to inundation by one percent-annual-chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet.
AH ZONE
Areas subject to inundation by one percent-annual-chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Base Flood Elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.
APPEAL
A request for a review of the local administrator's interpretation of any provision of this section or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO or AH Zone on a community's Digital Flood Insurance Rate Map (DFIRM) with a one percent annual or greater chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
Land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. It is shown on the FIRM as Zone V, VE, V1-30, A, AO, A1-A30, AE, A99, or AH.
BASE FLOOD
A flood having a one percent chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE)
The flood elevation shown on a published Flood Insurance Study (FIS) including the Flood Insurance Rate Map (FIRM). For Zones AE, AH, AO, and A1-30 the elevation represents the water surface elevation resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year. For Zones VE and V1-30 the elevation represents the stillwater elevation (SWEL) plus wave effect (BFE = SWEL + wave effect) resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL
A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
ELEVATED BUILDING
A non-basement building (i) built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor or, in the case of a building in a Coastal A Zone, to have the bottom of the lowest horizontal structural member of the elevated floor, elevated above the base flood elevation plus freeboard by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In Areas of Coastal A Zones "elevated buildings" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls.
EROSION
The process of the gradual wearing away of land masses.
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
a. 
The overflow of inland or tidal waters and/or
b. 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without accumulatively increasing the water surface elevation more than 0.2 foot.
FREEBOARD
A factor of safety usually expressed in feet above a flood level for purposes of flood plain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
a. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
b. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
c. 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
d. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
1. 
By an approved State program as determined by the Secretary of the Interior; or
2. 
Directly by the Secretary of the Interior in states without approved programs.
LOWEST FLOOR
The lowest floor of the lowest enclosed area [including basement]. An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so to render the structure in violation of other applicable non-elevation design requirements of 44 CFR Section 60.3.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.
RECREATIONAL VEHICLE
A vehicle which is [i] built on a single chassis; [ii] 400 square feet or less when measured at the longest horizontal projections; [iii] designed to be self-propelled or permanently towable by a light duty truck; and [iv] designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
START OF CONSTRUCTION
Includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation, such as clearing, grading and filling nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE
A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its condition before damage would equal or exceed 50 percent of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
a. 
Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or
b. 
Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".
VARIANCE
A grant of relief from the requirements of this section that permits construction in a manner that would otherwise be prohibited by this section.
VIOLATION
The failure of a structure or other development to be fully compliant with this ordinance. A new or substantially improved structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR § 60.3(b)(5), (c)(4), (c)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.
[Ord. No. 2016-07 § 3; Ord. No. 2016-10 § 3]
This section shall apply to all areas of special flood hazards within the jurisdiction of the Township of East Windsor, Mercer County, New Jersey.
[Ord. No. 2016-07 § 3; Ord. No. 2016-10 § 3]
The areas of special flood hazard for the Township of East Windsor, Community No. 340244, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
a. 
A scientific and engineering report "Flood Insurance Study, Mercer County, New Jersey (All Jurisdictions)" dated July 20, 2016).
b. 
"Flood Insurance Rate Map for Mercer County, New Jersey (All Jurisdictions)" as shown on Index and panels; 34021C0162F, 34021C0164F, 34021C0166F, 34021C0167F, 34021C0168F, 34021C0169F, 34021C0188F, 34021C0256F, 34021C0257F, 4021C0258F, 34021C0276F, whose effective date is July 20, 2016.
The above documents are hereby adopted and declared to be a part of this section. The Flood Insurance Study, maps and advisory documents are on file at the East Windsor Municipal Building, 16 Lanning Blvd, East Windsor, New Jersey.
[Ord. No. 2016-07 § 3; Ord. No. 2016-10 § 3]
No structure or land shall hereafter be constructed, relocated to, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $1,000 or imprisoned for not more than three days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Township of East Windsor, from taking such other lawful action as is necessary to prevent or remedy any violation.
[Ord. No. 2016-07 § 3; Ord. No. 2016-10 § 3]
This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
[Ord. No. 2016-07 § 3; Ord. No. 2016-10 § 3]
In the interpretation and application of this section, all provisions shall be:
a. 
Considered as minimum requirements;
b. 
Liberally construed in favor of the governing body; and,
c. 
Deemed neither to limit nor repeal any other powers granted under State statutes.
[Ord. No. 2016-07 § 3; Ord. No. 2016-10 § 3]
The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.
This section shall not create liability on the part of the Township of East Windsor, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
[Ord. No. 2016-07 § 4; Ord. No. 2016-10 § 4]
A development permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in subsection 22-24.3.2. Application for a development permit shall be made on forms furnished by the Construction Official and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
a. 
Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
b. 
Elevation in relation to mean sea level to which any structure has been floodproofed;
c. 
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsection 22-24.5.2b; and
d. 
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
[Ord. No. 2016-07 § 4; Ord. No. 2016-10 § 4]
The Township Construction Official is hereby appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions.
[Ord. No. 2016-07 § 1; Ord. No. 2016-10 § 4]
Duties of the local administrator shall include, but not be limited to:
a. 
Permit Review.
1. 
Review all development permits to determine that the permit requirements of this section have been satisfied.
2. 
Review all development permits to determine that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required.
3. 
Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of subsection 22-24.5.3a are met.
4. 
Review plans for walls to be used to enclose space below the base flood level in accordance with subsection 22-24.5.4b4.
b. 
Use of Other Base Flood and Floodway Data. When base flood elevation and floodway data has not been provided in accordance with subsection 22-24.3.2, Basis for Establishing the Areas of Special Flood Hazard, the local administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a Federal, State or other source, in order to administer subsections 22-24.5.2a, Specific Standards, Residential Construction, and 22-24.5.2b, Specific Standards, Nonresidential Construction.
c. 
Information to Be Obtained and Maintained.
1. 
Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
2. 
For all new or substantially improved floodproofed structures:
(a) 
Verify and record the actual elevation (in relation to mean sea level); and
(b) 
Maintain the floodproofing certifications required in subsection 22-24.4.1c.
3. 
Maintain for public inspection all records pertaining to the provisions of this section.
d. 
Alteration of Watercourses.
1. 
Notify adjacent communities and the New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section and the Land Use Regulation Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
2. 
Require that maintenance is provided within the altered or relocated portion of said watercourse so the flood carrying capacity is not diminished.
e. 
Substantial Damage Review.
1. 
After an event resulting in building damages, assess the damage to structures due to flood and non-flood causes.
2. 
Record and maintain the flood and non-flood damage of substantial damage structures and provide a letter of Substantial Damage Determination to the owner and the New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section.
3. 
Ensure substantial improvements meet the requirements of subsections 22-24.5.2a, Specific Standards, Residential Construction, and 22-24.5.2b, Specific Standards, Nonresidential Construction.
f. 
Interpretation of FIRM Boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection 22-24.4.4.
[Ord. No. 2016-07 § 4; Ord. No. 2016-10 § 4]
a. 
Appeal Board.
1. 
The East Windsor Township Planning Board shall hear and decide appeals and requests for variances from the requirements of this section.
2. 
The East Windsor Township Planning Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the local administrator in the enforcement or administration of this section.
3. 
In passing upon such applications, the East Windsor Township Planning Board, shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:
(a) 
The danger that materials may be swept onto other lands to the injury of others;
(b) 
The danger to life and property due to flooding or erosion damage;
(c) 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(d) 
The importance of the services provided by the proposed facility to the community;
(e) 
The necessity to the facility of a waterfront location, where applicable;
(f) 
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(g) 
The compatibility of the proposed use with existing and anticipated development;
(h) 
The relationship of the proposed use to the comprehensive plan and floodplain management program of that area;
(i) 
The safety of access to the property in times of flood for ordinary and emergency vehicles;
(j) 
The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and,
(k) 
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
4. 
Upon consideration of the factors of subsection 22-24.4a3 and the purposes of this section, the East Windsor Township Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.
5. 
The local administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.
b. 
Conditions for Variances.
1. 
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (a)—(k) in subsection 22-24.4.4a3 have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
2. 
Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
3. 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
4. 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
5. 
Variances shall only be issued upon:
(a) 
A showing of good and sufficient cause;
(b) 
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and,
(c) 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in subsection 22-2.4.4a3, or conflict with existing local laws or ordinances.
6. 
Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
[Ord. No. 2016-07 § 5; Ord. No. 2016-10 § 5]
In all areas of special flood hazards, compliance with the applicable requirements of the Uniform Construction Code (N.J.A.C. 5:23) and the following standards, whichever is more restrictive, is required:
a. 
Anchoring.
1. 
All new construction to be placed or substantially improved and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
2. 
All manufactured homes to be placed or substantially improved shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.
b. 
Construction Materials and Methods.
1. 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
2. 
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
c. 
Utilities.
1. 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
2. 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters;
3. 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and
4. 
For all new construction and substantial improvements the electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
d. 
Subdivision Proposals.
1. 
All subdivision proposals and other proposed new development shall be consistent with the need to minimize flood damage;
2. 
All subdivision proposals and other proposed new development shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
3. 
All subdivision proposals and other proposed new development shall have adequate drainage provided to reduce exposure to flood damage; and,
4. 
Base flood elevation data shall be provided for subdivision proposals and other proposed new development which contain at least 50 lots or five acres (whichever is less).
e. 
Enclosure Openings. All new construction and substantial improvements having fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings in at least two exterior walls of each enclosed area, having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other covering or devices provided that they permit the automatic entry and exit of floodwaters.
[Ord. No. 2016-07 § 5; Ord. No. 2016-10 § 5]
In all areas of special flood hazards where base flood elevation data have been provided as set forth in subsection 22-24.3.2, Basis for Establishing the Areas of Special Flood Hazard or in subsection 22-24.4.3b, Use of Other Base Flood Data, the following standards are required:
a. 
Residential Construction.
1. 
New construction and substantial improvement of any residential structure located in an A or AE Zone shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities, elevated at or above the base flood elevation plus one foot or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive;
2. 
Require within any AO or AH Zone on the municipality's FIRM that all new construction and substantial improvement of any residential structure shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities, elevated above the depth number specified in feet plus one foot, above the highest adjacent grade (at least three feet if no depth number is specified). And, require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
b. 
Nonresidential Construction.
1. 
In an Area of Special Flood Hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure located in an A or AE Zone shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities:
(a) 
Either:
(1) 
Elevated to or above the base flood elevation plus one foot or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive; and
(2) 
Require within any AO or AH Zone on the municipality's DFIRM to elevate above the depth number specified in feet plus one foot, above the highest adjacent grade (at least three feet if no depth number is specified). And, require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures;
(b) 
Or:
(1) 
Be floodproofed so that below the base flood level plus one foot or as required by ASCE/SEI 24-14, Table 6-1, whichever is more restrictive, the structure is watertight with walls substantially impermeable to the passage of water;
(2) 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,
(3) 
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in subsection 22-24.4.3c2(b).
c. 
Manufactured Homes.
1. 
Manufactured homes shall be anchored in accordance with subsection 22-24.5.1a2.
2. 
All manufactured homes to be placed or substantially improved within an area of special flood hazard shall:
(a) 
Be consistent with the need to minimize flood damage,
(b) 
Be constructed to minimize flood damage,
(c) 
Have adequate drainage provided to reduce exposure to flood damage; and,
(d) 
Be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation plus one foot or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive.
[Ord. 1976-34; Ord. No. 2016-07 § 5; Ord. No. 2016-10 § 5]
Located within areas of special flood hazard established in subsection 22-24.3.2 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
a. 
Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.
b. 
If subsection 22-24.5.3a is satisfied, all new construction and substantial improvements must comply with subsection 22-24.5, Provisions for Flood Hazard Reduction.
c. 
In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the accumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than 0.2 of a foot at any point.
Prior to the acceptance by the township of any improvement in a subdivision and the release of a performance guarantee covering same, there shall be filed with the township engineer one clothbacked plus one transparency on cloth plus five diazo prints of "as-built" plans and profiles drawn to a scale of one inch equals 50 feet horizontally and one inch equals five feet vertically. Such drawings shall show the improvements as they were actually constructed and installed. They shall be certified as to accuracy by a land surveyor licensed in New Jersey. The following data shall be shown with measurements from all property lines:
a. 
Plans and profiles of the streets showing elevations as constructed, and reference bench marks.
b. 
Plans and profiles of sanitary and storm sewers showing elevations of inverts of manholes and catch basins and elevations of inlet gratings and manhole rims.
c. 
The location of all house connections to the sanitary sewers with reference dimensions to taps or T-connections, unless the applicant provides a certified resolution from the East Windsor Municipal Utilities Authority or its successor; if any, indicating they are satisfied that the applicant has provided equivalent data to the Authority and that the location plans required by this sub-paragraph are therefore unnecessary.
d. 
The location of all water mains, together with all valves and hydrants with reference dimensions to taps or T-connections, unless the applicant provides a certified resolution from the East Windsor Municipal Utilities Authority or its successor; if any, indicating they are satisfied that the applicant has provided equivalent data to the Authority and that the location plans required by this sub-paragraph are therefore unnecessary.
Whenever in the opinion of an agency granting subdivision or site plan approval, as-built plans are required for improvements other than in subdivisions, this requirement shall be made a condition of approval and included in the resolution. The specific requirements of such as-built plans shall be provided in writing by the township engineer.
a. 
In certain cases, easements along property lines or elsewhere for utility installations or drainage swales may be required. Such easements shall be a minimum of 15 feet wide.
b. 
Where a subdivision, lot or area is traversed by a watercourse or drainage way, there shall be provided a storm water easement conforming substantially with the lines of such watercourse or drainage way, and such further width as may be required for access and maintenance purposes.
[1]
Editor's Note: Ordinance 1990-12 pertaining to tree preservation, woodlands management and revegetation of developed lands was repealed by Ordinance No. 1991-9.
It is intended that this section set minimum standards for landscape architectural development, re-development and construction to: enhance the visual quality of the site, adjacent properties and the township; promote visual unity, and interest along public rights of way; promote safe vehicular and pedestrian circulation; protect against potential natural and man-made hazards; enhance the microclimate of areas for human activity; and promote the protection of health, safety and welfare.
All land subdivision and development shall comply with the minimum landscape architectural standards set forth herein, or provide a more appropriate scheme relative to the specific aspects of a particular site or development proposal with the approval of the board of jurisdiction. The board of jurisdiction, may require additional landscape development beyond the standards set forth, if necessary to provide appropriate landscape development relative to the nature of the site and the development thereof.
a. 
BERM — Shall mean a mound of soil, either natural or man-made used to screen and visually separate, in part or entirely, one area, site, or property from the view of another area.
b. 
CALIPER — Shall mean the diameter of a tree trunk measured in inches, six inches above ground level for trees up to four inches in diameter and measured 12 inches above ground level for trees over four inches in diameter.
c. 
EVERGREEN TREE — Shall mean a woody plant with one main stem, with foliage which will remain on the plant in its green condition throughout the year, and which will exhibit a mature height of at least 12 to 15 feet.
d. 
FENCE — A fence or fencing shall be defined as any artificially constructed barrier of wood, metal, wire, masonry, stone or any other manufacturing material or combination of materials designated to shield, screen, separate or protect a lot(s) or a portion of a lot(s).
e. 
GROUND COVER — Shall mean low growing (under three feet height) woody or herbaceous plants that form a dense mat-like covering of the area in which they are planted preventing soil from being blown or washed away and the growth of undesirable (weed) plants.
f. 
HEDGE — Shall mean several plants, usually planted in a formal line or row, at a very tight spacing in order to achieve a continuous line or mass of foliage to shield, screen, separate or protect a lot(s) or a portion of a lot(s).
g. 
ISLAND — Shall mean in road and parking area design, a raised planting area, usually curbed, and placed to guide traffic, separate lanes, limit paving (impervious surface), preserve existing vegetation and increase aesthetic quality.
h. 
MULCH — Shall mean a layer of organic material such as shredded wood or leaf litter, placed on the surface of the soil around plantings to aid plant growth by; retaining moisture, preventing weed growth, holding soil in place, protecting root systems and providing a neat easily maintained surface immediately around the base of the plant.
i. 
ORNAMENTAL TREE — Shall mean a woody plant which will exhibit a mature height of at least 12 to 15 feet but not usually greater than 20 to 25 feet, which provides distinct flowers, bark or leaf coloration, fruit, or form, of visual variety and interest.
j. 
SCREEN — Shall mean a structure, berm or planting which will provide a continuous visual obstruction of a site(s) or portion of a site(s).
k. 
SHADE TREE — Shall mean a woody plant, with one main stem, which will exhibit a mature height of at least 20 to 25 feet, and have a distinct head of foliage.
l. 
SHRUB(S) — Shall mean a woody plant (evergreen or deciduous) which will exhibit a mature height of at least two feet and usually not greater than 12 feet.
Landscape architectural development of the streetscape shall be provided in conjunction with all development, on all existing and proposed roads upon which the site of development has or creates frontage. Improvements consistent with one of the following streetscape concepts, or an alternative concept of more appropriate design shall be provided:
a. 
Formal Tree Lined Avenue. This type of streetscape development is appropriate for the majority of streets within the township with the exception of those areas which are addressed by the other concept provided herein. The following standards shall apply:
1. 
Shade trees shall be provided within the right-of-way or easement granted to the township by the owner or applicant for the planting and maintenance of trees along both sides of a street in the planting area provided between the street curb and the sidewalk as per subsection 22-4.3, and at a spacing of between 35 and 50 feet between trees. The trees shall be planted so as not to interfere with utilities, roadways, sidewalks, street lights, sight distances, driveway aprons, and shall be planted closer than eight feet to fire hydrants.
2. 
All trees shall have a minimum size of two and one-half to three inches caliper. The township reserves the right to inspect all trees prior to digging at the nursery. The nursery shall be within 100 miles radius of East Windsor Township. Approved material will be affixed with a sealed identification tag. The township reserves the right to reinspect all trees as they are brought into the planting site for planting operations. The purpose is to re-examine material for mechanical damage, broken sections or branches, and defective root balls resulting from poor digging or rough handling. Verification of the original inspection will also be made at this time.
3. 
Subsequent or replacement plants shall conform to the type of existing tree in a given area, provided that, if any deviation is anticipated, it must be done only with the permission of the township shade tree commission and/or township landscape architect. In a newly planted (or developed) area, one type of tree should be used on a given street, up to fifty contiguous trees of the same variety, unless otherwise specified or approved by the township shade tree commission and/or township landscape architect.
4. 
Cultivated tree varieties which exhibit desirable characteristics such as; full symmetrical form, deep non-evasive root system, tolerance of potential drought and road salt, should be utilized. The branching habit shall be tree form and shall conform to the American Standard for Nursery Stock as published by the American Association of Nurserymen (ANSI Z60.1-1986, or later revision). All trees shall be balled and burlaped, nursery grown, true to species and variety. All varieties shall be subject to approval by the township shade tree commission and/or township landscape architect.
5. 
Trees within a sight triangle or distance area shall be of sufficient size to be pruned to a seven foot branching height with one main stem upon planting. Planting within a sight triangle or distance area must be approved by the township engineer.
022--Image-2.tif
b. 
Informal Street Trees. This type of streetscape development is appropriate along streets within areas of development with an informal character. This type of treatment should occur in areas of development with meandering curvilinear roads and low, rural development density and/or as directed by the township shade tree commission and/or township landscape architect. The following standards shall apply:
1. 
Vary street tree varieties, spacing from the cartway (four to 15 feet) and sizes (two to six inches caliper), averaging three to three and one-half inches caliper. Trees should be placed in an informal pattern with varied spacing. Some areas will have clustered trees, other may have an individual tree. Planting design shall accentuate views and integrate contrasting landscape elements. Tree varieties shall be subject to approval by the township shade tree commission and/or township landscape architect.
2. 
The total number of trees shall average one tree for every 40 linear feet of roadway on each side of the roadway.
022--Image-3.tif
3. 
Cultivated tree varieties which exhibit desirable characteristics such as; full symmetrical form, deep non-evasive root system, tolerance of potential drought and road salt, should be utilized. The branching habit shall be tree form and shall conform to the American Standard for Nursery Stock as published by the American Association of Nurserymen (ANSI Z60.1-1986, or later revision). All trees shall be balled and burlaped, nursery grown, true to species and variety. All varieties shall be subject to approval by the township shade tree commission and/or township landscape architect.
4. 
The township reserves the right to inspect all trees prior to digging at the nursery. The nursery shall be within 100 mile radius of East Windsor Township. Approved material will be affixed with a sealed identification tag. The township reserves the right to reinspect all trees as they are brought onto the planting site for planting operations. The purpose is to re-examine material for mechanical damage, broken sections or branches, and defective root balls resulting from poor digging or rough handling. Verification of the original inspection will also be made at this time.
5. 
If existing trees are preserved within ten feet of the cartway the requirements for additional street tree plantings may be reduced.
6. 
Trees within a sight triangle or distance area shall be of sufficient size to be pruned to a seven foot branching height with one main stem upon planting. Planting within a sight triangle or distance area must be approved by the township engineer.
Cul-de-sac and traffic planting islands provide the opportunity to soften the harshness of large paved areas, create visual interest, increase groundwater recharge, direct vehicular traffic, screen headlight glare into residences, and preserve valuable existing vegetation. Planted traffic control islands should be provided as necessary and appropriate to define vehicular and pedestrian circulation. The following standards address the planting of islands in the turnaround portion of cul-de-sac roads. For other islands a landscape design consistent with the concepts presented herewith should be provided. Planting of islands within parking areas shall conform with the standards set forth in subsection 22-27.8.
a. 
If possible preserve the existing trees in the area of the proposed island. Assure that the grading of the surrounding roadway is consistent with the existing grade at the dripline of the trees and provide adequate protection during construction. Limb all branches to a height of seven feet and remove all vegetation which exhibits a canopy between 30 inches and seven feet. Provide an adequate groundcover planting as necessary to completely cover all soil and discourage weed growth. All planting must be designed to consider the level of expected maintenance, and provide a neat and clean appearance.
b. 
In areas void of existing stands of trees, planting similar to the following concept should be provided. Provide one four and one-half to five inch caliper, or three two and one-half to three inch caliper specimen trees for every 1,000 square feet of planting area with an adequate groundcover planting as necessary to completely cover all soil and discourage weed growth at the time of planting. All plant material must exhibit a mature canopy height under 30 inches or above seven feet with no more than three trunks in order to allow adequate visibility. All plant varieties shall be tolerant of harsh, dry roadside conditions and subject to approval by the township shade tree commission and/or township landscape architect. All planting must be designed to consider the level of expected maintenance, and provide a neat clean appearance. Planting of islands within parking areas shall conform with the standards set forth in subsection 22-27.8.
c. 
The branching habit of all plants shall be full form and shall conform to the American Standard for Nursery Stock as published by the American Association of Nurserymen (ANSI Z60.1-1986, or later revision). All trees shall be balled and burlaped, nursery grown, true to species and variety. All varieties shall be subject to approval by the township shade tree commission and/or township landscape architect.
d. 
All planting within a sight triangle or distance area must be approved by the township engineer.
e. 
Extensive unplanted stone or mulch beds shall not be provided, due to the undesirable requirement for weed barriers or chemical weed control to maintain a neat manicured appearance.
022--Image-4.tif
Stormwater management areas include retention and detention basins, drainage ditches and swales. This subsection does not apply to underground stormwater recharge areas, which may only be planted if approved by the township engineer. Sensitively designed basins and swales can be a visually pleasing benefit to the health, welfare and safety of East Windsor Township residents. The general design concept of these areas should be to de-emphasize their function creating aesthetic landscape and ecological features. Improvements consistent with one of the following concepts, or an alternate concept of more appropriate design shall be provided (note; all planting within or around stormwater basins or areas must be approved by the township engineer):
a. 
Open Space/Recreational Feature. This landscape concept is appropriate in situations where a basin is the largest or only portion of green or open space in an area or is adjacent to existing open space and additional open space is desired. It is also appropriate for smaller, highly visible basins where a visually pleasing open area is desired.
1. 
The area shall be graded creatively to blend into the surrounding landscape and the design of the site, i.e. provide an informal meandering edge with varying slopes, and gentle berming in locations emulating a natural depression.
2. 
Provide planting along the perimeter of the area to reinforce the design concept. As a general guideline ten trees for every 100 linear feet of perimeter length should be provided. These trees shall have a minimum installed size of; two and one-half to three inches caliper for shade trees, eight to ten foot height for evergreen trees, and six to eight foot height/one to one and one-half inches caliper for ornamental trees. The majority of trees should be shade trees unless otherwise required by the board of jurisdiction. The branching habit of all plants shall be full form and shall conform to the American Standard of Nursery Stock as published by the American Association of Nurserymen (ANSI Z60.1-1986, or later revision). All trees shall be balled and burlaped, nursery grown, true to species and variety. All varieties shall be subject to approval by the township shade tree commission and/or township landscape architect.
3. 
To provide recreational open space, concentrate frequently flooded detention in a basin area (five- to ten-year storm volume) and provide a gently sloping, less often flooded, area (ten- to 100-year storm volume) as a recreational open field space. Provide ballfield and/or open play areas integrated with plantings in a park-like manner.
4. 
The design of all drainage structures should reflect the overall design concept for the area, and shall make these structures visually pleasing or less obtrusive. Consider the type and color of materials, and grading or planting around structures at the approval of the township engineer.
022--Image-5.tif
022--Image-6.tif
b. 
Reforestation. This landscape treatment is appropriate for detention basins and drainage areas that are not highly visible or are adjacent to areas of mature woodlands, conservation areas, or wetlands. It reverts the disturbed area to a revegetated, stable, low maintenance, natural landscape asset over time.
1. 
The area shall be graded creatively to blend into the surrounding landscape and the design of the site, i.e. provide an informal meandering edge with varying slopes, and gentle berming in locations emulating a natural depression.
2. 
The area shall be planted with shade trees on the perimeter, banks and interior of the basin at the rate of one tree for every 500 square feet of area and a minimum of ten trees. Of this quantity ten percent shall be two and one-half to three inches caliper, 30 percent shall be two to two and one-half inches caliper, and 60 percent shall be eight to ten foot height, one to one and one quarter inch caliper bare root whips.
3. 
The trees shall be planted in groves and spaced five feet to 20 feet on center within these groves. The ground plane shall be seeded with a naturalization, wildflower, and/or meadow seed mix. All woody and herbaceous plants shall be species indigenous to the area and/or tolerant of typical wet/dry floodplain conditions. Plant varieties and seed mix shall be subject to approval by the township shade tree commission and/or township landscape architect. The branching habit of all plants shall be full form and shall conform to the American Standard for Nursery Stock as published by the American Association of Nurserymen (ANSI Z60.1-1986, or later revision). All trees shall be nursery grown, true to species and variety. All varieties shall be subject to approval by the township shade tree commission and/or township landscape architect.
4. 
All engineered basin structures (i.e. culverts, outlet structures and flow channels) shall be designed to blend into the landscape in terms of construction materials, color, grading, and planting.
5. 
Plantings shall not be located within 20 feet of a low flow channel, or outlet or inlet structure to allow for maintenance.
6. 
Provision for emergency access as well as general maintenance of the basins shall be subject to the review and approval of the township engineer. Plantings shall be designed to disguise yet not hinder vehicular access.
7. 
Plantings are not permitted upon any dikes associated with a detention basin unless approved by the township engineer.
022--Image-7.tif
c. 
Stormwater Retention Ponds. This landscape treatment can take on a variety of landscape forms, from formal reflecting pools and canals or entry fountain features to natural park-like lakes and ravines.
1. 
Water fountains/features are encouraged in the design of all development as an open space/recreational feature.
2. 
The waters edge shall be easily maintained and stable. Possible treatments might include rip rap, stone walls, natural plantings, decking, and bulkheads.
3. 
The planting of the perimeter of the feature will accentuate views and interest and integrate pedestrian paths, sitting areas, and other uses.
4. 
Plantings shall include formal or informally massed deciduous and evergreen trees and shrubs to screen and frame views with ornamental trees, shrubs, and grasses used for visual interest or special effects. A continuous landscape area shall be provided. The branching habit of all plants shall be full form and shall conform to the American Standard for Nursery Stock as published by the American Association of Nurserymen (ANSI Z60.1-1986, or later revision). All trees shall be true to species and variety. All varieties shall be subject to approval by the township shade tree commission and/or township landscape architect.
5. 
If used as a recreational feature, the connection to the water must be addressed and controlled. The types of uses shall be specified, and the plantings and pedestrian spaces shall be integrated with these uses.
6. 
Plants with pervasive root systems shall not be located where they may cause damage to drainage pipes or other underground utilities.
7. 
All engineered basin structures shall be designed to blend into the landscape in terms of construction materials, color, grading, and planting.
As a landscape feature and asset, open space is encouraged in all developments, even when not required. The objectives of the landscape treatment of open space is to provide the opportunity and space for a wide range of active and passive recreation in all areas of human activity and residence, to protect and enhance the township's natural amenities such as wooded areas, water bodies, streams, and to retain or create a visually pleasing image of East Windsor Township. The following standards shall apply;
a. 
Preservation Open Space. This type of open space is appropriate in areas adjacent to and inclusive of natural amenities to be preserved, such as wooded areas, water bodies, streams, wetlands, wetland buffers etc. This type of open space shall be either deed restricted from future development by conservation easements, or dedicated to the township or another public or quasi-public agency or organization as approved by the board, authority or agency of jurisdiction. The following standards shall apply:
1. 
During the site planning process it is appropriate to preserve valuable and unique natural amenities to the maximum extent possible and designate them as preservation open space.
2. 
It is appropriate to remove all undesirable debris and materials from this area.
3. 
The provision of improvements such as pedestrian paths, picnic areas and planting may be required by the board of jurisdiction when appropriate to create a visually pleasing and beneficial environment.
4. 
Areas which are not significantly vegetated shall be planted (reforested) in accordance with the requirements of subsection 22-27.7d(2).
5. 
Specifications outlining techniques, tasks and materials to be utilized prior to, during and after development, to optimize and improve the health of preserved vegetation, woodland, water bodies etc. shall be included on the plans or as a separate report.
b. 
Recreational Open Space. Recreational open space includes lands provided for active and passive recreation and as additions to existing recreational open space. It can take on many forms, from a tot lot or tennis and swimming complex in a residential development, to an English landscape garden in an office park development, or an outdoor promenade or eating pavilion in a commercial or industrial center. The landscape architectural design of these areas shall address safety, visual interest, microclimate, and use. The following standards shall apply:
1. 
Site amenities and walkways shall be provided as required by the board of jurisdiction. Suggested minimum improvements for residential open space include a tot lot (play structure with slide and a separate swing set), seating, and open lawn for field play. For commercial, office and industrial developments outdoor sitting and eating areas/plazas shall be provided as appropriate to service the occupants and patrons of the site.
2. 
Landscape improvements, grading and plantings shall be provided in conjunction with these areas. These improvements shall remain consistent with the overall landscape design. In general, plants shall be provided at the following rate:
Shade or ornamental trees
15 per acre
Evergreen trees
10 per acre
Shrubs
30 per acre
These quantities do not include plants which may be necessary to achieve buffers or screening as required by subsection 22-27.7. The branching habit of all plants shall be full form and shall conform to the American Standard for Nursery Stock as published by the American Association of Nurserymen (ANSI Z60.1-1986, or later revision). All trees shall be balled and burlaped, nursery grown, true to species and variety. All varieties shall be subject to approval by the township shade tree commission and/or township landscape architect.
3. 
Any residential homes which abut active recreation areas shall be appropriately buffered.
4. 
If a recreation area fronts onto a roadway, a post and rail fence, hedge or other protective measures shall be integrated to provide protection and separation as required by the board of jurisdiction.
5. 
All active open space should optimally be located centrally within a development. In large developments, several smaller facilities may be appropriate. Adequate access from buildings, roadways and other open space areas shall be provided. Pedestrian easements between lots, connecting to open space areas in another development of a public facility shall be provided.
022--Image-8.tif
The landscape architectural treatment of landscape buffers and strips may include planting, berms or grading, and fences or walls provided as necessary, to visually soften or screen and enhance views, and minimize or separate any adverse impacts or nuisances on a site from adjacent properties or roads. The following standards are provided for particular types of landscape buffer areas or landscape strips, the designer and the board of jurisdiction should consider the dimension of a landscape buffer area or landscape strip, existing vegetation, structures, and topography along with the intensity and type of land use involved relative to these standards to determine the appropriate type of treatment. The board of jurisdiction, township shade tree commission and/or township landscape architect may require a more or less significant landscape architectural treatment if appropriate to protect the public health, safety and welfare.
a. 
Nuisance Landscape Treatment. This type of landscape treatment is appropriate in landscape buffer areas or landscape strips provided between areas of commercial or higher density residential development and adjacent residential uses or zones where a continuous visual screen is appropriate. The following standards shall apply:
1. 
All existing trees and valuable understory vegetation should be preserved, and the plans must specify appropriate grading, and tree protection details to assure the preservation of the vegetation. The plans must clearly indicate all vegetation to be preserved and removed. If the board of jurisdiction, based upon recommendations from the township shade tree commission and/or township landscape architect, deems it appropriate supplemental planting should be provided to provide a complete visual screen.
2. 
Quantities and types of supplemental plantings must respond to the deficiencies of existing vegetation, and complement the existing vegetation and the overall design and must be indicated on the landscape plan. A minimum height of eight to ten feet for evergreen trees, two to three feet for shrubs, and a minimum caliper of two and one-half to three inches caliper for shade trees shall be specified for all supplemental plantings.
3. 
Areas void of significant vegetation shall receive landscape architectural treatment including planting, berming, fences, or walls as appropriate. Berms, fences or walls shall be provided at a height of four to eight feet or as necessary to provide a visual screen with the approval of the board of jurisdiction. The general design, form, and materials of fences, walls and berms should relate to the overall design, the materials utilized for other structures on the site, and be aesthetically pleasing from all sides. Planting should be provided in conjunction with berming, fencing, or walls or may be provided solely to provide a complete visual screen, and visually interesting and pleasing area. The following quantities and minimum size guidelines are provided, if berms, fencing, or walls are provided a decreased quantity of planting may be provided at the discretion of the board of jurisdiction based upon recommendations from the township shade tree commission and/or township landscape architect. For every 100 linear feet of landscape buffer area or landscape strip, measured at the longest line, the following must be provided;
Type
Quantity
Size
Evergreen trees
12
8' - 10' height
Shade trees
3
2.5" - 3" caliper
Ornamental trees
as reqd.
6' - 7' height
1" - 1.5" caliper
Shrubs
as reqd.
2' - 2.5' height
4. 
The branching habit of all plants shall be full form and shall conform to the American Standard for Nursery Stock as published by the American Association of Nurserymen (ANSI Z60.1-1986, or later revision). All trees shall be balled and burlaped, nursery grown, true to species and variety. All varieties shall be subject to approval by the township shade tree commission and/or township landscape architect.
b. 
Filtered Landscape Treatment. This type of landscape architectural treatment is appropriate in buffer areas or green space which is provided to soften the impact of a land use yet still allow views beyond the buffer area. In particular this type of buffer shall be provided around the perimeter of all parking areas, internal site access roads or lanes and the perimeter of a site which abuts a lane, street, road, highway or an adjacent site and a complete visual screen is not appropriate. A buffer shall be provided to: screen unsafe distractions such as glare from cars and light standards; to provide a visually pleasing environment; and to provide spatial definition to avoid confusion. The following standards shall apply:
1. 
All existing trees and valuable understory vegetation should be preserved, and the plans must specify appropriate grading, and tree protection details to assure the preservation of the vegetation. The plans must clearly indicate all vegetation to be preserved and removed. If the board of jurisdiction, based upon recommendation from the shade tree commission and/or township landscape architect deems it appropriate, supplemental planting should be provided to provide a filtered visual screen.
2. 
Quantities and types of supplemental plantings must respond to the deficiencies of existing vegetation, and complement the existing vegetation and the overall design and must be indicated on the landscape plan. A minimum height of eight to ten feet for evergreen trees, two to three feet for shrubs, six to seven feet and one to one and one-half inches caliper for ornamental trees, and a minimum caliper of two and one-half to three inches caliper for shade trees shall be specified for all supplemental plantings.
3. 
Areas void of significant vegetation shall receive landscape architectural treatment including planting, berming, fences, or walls as appropriate. Berms, fences or walls shall be provided at a height of two to four feet or as necessary to provide an appropriate buffer. The general design, form, and materials of fences, walls and berms should relate to the overall design, the materials utilized for other structures on the site, and be aesthetically pleasing from all sides. Planting should be provided in conjunction with berming, fencing, or walls or may be provided solely to provide an appropriate screen, and a visually interesting and pleasing area emphasizing appropriate views. Parked vehicles shall be buffered as viewed from all areas outside of the parking area. The following quantities and minimum size guidelines are provided; if berms, fencing, or walls are provided, a decreased quantity of planting may be provided at the discretion of the board of jurisdiction. For every 100 linear feet of buffer area, measured at the longest line, the following must be provided:
Type
Quantity
Size
Evergreen trees
as reqd.
8' - 10' height
Shade trees
4
2.5" - 3" caliper
Ornamental trees
as reqd.
6' - 7' height
1" - 1.5" caliper
Shrubs
55
2' - 2.5' height
4. 
The branching habit of all plants shall be full form and shall conform to the American Standard for Nursery Stock as published by the American Association of Nurserymen (ANSI Z60.1-1986, or later revision). All trees shall be balled and burlaped, nursery grown, true to species and variety. All varieties shall be subject to approval by the township shade tree commission and/or township landscape architect.
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c. 
Windbreak/Heavy Screening. This type of landscape architectural treatment is appropriate where the additional need of a windbreak to stop windborne debris from leaving a site is necessary, or around objectionable facilities or utility structures where a dense complete visual screen is appropriate. This would include buffer areas around outdoor storage facilities, loading areas, solid waste disposal facilities (dumpsters), or when an undersized landscape buffer area or landscape strip is provided and the standards specified in subsection 22-27.7a, Nuisance Landscape Treatment, are not sufficient at the discretion of the board of jurisdiction based upon recommendations from the township shade tree commission and/or township landscape architect. The following standards shall apply:
1. 
Provide a fence, wall, or planting which will create a dense complete visual screen. The height of the fence, wall, or planting should be designed relative to the facility being screened and shall be subject to the approval of the board of jurisdiction. The general design, form, and materials of fences, or walls should relate to the overall design, the materials utilized for other structures on the site or the neighborhood, and be aesthetically pleasing from all sides. Planting should be included in conjunction with any fence or wall.
2. 
If planting alone is provided then a double staggered row of dense evergreen plants shall be specified. The spacing between individual plants shall be as necessary to provide a continuous hedge with plants touching at the time of installation. The installed and mature height of the plants must respond to the height of the area or facility being screened and the views from adjacent areas, and shall be subject to the approval of the board of jurisdiction.
3. 
The plan submission should include an illustrative section drawing demonstrating the effectiveness of the buffer.
4. 
The branching habit of all plants shall be full form and shall conform to the American Standard for Nursery Stock as published by the American Association of Nurserymen (ANSI Z60.1-1986, or later revision). All trees shall be balled and burlaped, nursery grown, true to species and variety. All varieties shall be subject to approval by the township shade tree commission and/or township landscape architect.
d. 
Reverse Frontage Landscape Treatment. This type of landscape architectural treatment shall be required where the rear or side yards of residential units and/or lots face or front on a roadway, and when any yard of a residential unit or lot faces or fronts on an expressway or arterial roadway. The following landscape architectural treatment shall be provided to screen, and separate private residential spaces from the roadway.
1. 
All existing trees and valuable understory vegetation should be preserved, and the plans must specify appropriate grading and tree protection details to assure the preservation of the vegetation. The plans must clearly indicate all vegetation to be preserved and removed. If the board of jurisdiction, based upon recommendations from the township shade tree commission and/or township landscape architect deems it appropriate, supplemental planting, berms, or walls should be specified to provide a complete visual screen. Quantities and types of supplemental plantings must respond to the deficiencies of existing vegetation, and complement the existing vegetation and the overall design and must be indicated on the landscape plan. A minimum height of eight to ten feet for evergreen trees, two to three feet for shrubs, six to seven feet and one to one and one-half inches caliper for ornamental trees, and a minimum caliper of two and one-half to three inches caliper for shade trees shall be specified for all supplemental plantings. The need for, and the height and design of supplemental berms or walls must respond to the deficiencies of existing vegetation and the proximity of the residential unit to the road. If the board of jurisdiction, based upon recommendations from the township shade tree commission and/or township landscape architect deems it appropriate berms or walls may be required.
2. 
Areas void of significant vegetation shall receive landscape architectural treatment including planting, berming, fences, or walls as appropriate. Berms, fences or walls shall be provided at a height of three to eight feet averaging six feet or as necessary to provide a visual screen at the discretion of the board of jurisdiction, based upon recommendations from the township shade tree commission and/or township landscape architect. The general design, form, and materials of fences, walls and berms should relate to the overall design, the materials utilized for other structures on the site, and be aesthetically pleasing from all sides. The sidewalk layout shall be integrated with the buffer and the overall design and adjacent development when appropriate. Planting should be provided in conjunction with berming, fencing, or walls or may be provided solely to provide a complete visual screen, and visually interesting and pleasing area. The following quantities and minimum size guidelines are provided if berms, fencing, or walls are provided, a decreased quantity of planting may be provided at the discretion of the board of jurisdiction. For every 100 linear feet of reverse frontage, measured at the longest line, the following must be provided:
Type
Quantity
Size
Evergreen trees
7
8' - 10' height
Shade trees
5
2.5" - 3" caliper
Ornamental trees
1
6' - 7' height
1" - 1.5" caliper
Shrubs
15
2' - 2.5' height
3. 
The branching habit of all plants shall be full form and shall conform to the American Standard for Nursery Stock as published by the American Association of Nurserymen (ANSI Z60.1-1986, or later revision). All trees shall be balled and burlaped, nursery grown, true to species and variety. All varieties shall be subject to approval by the township shade tree commission and/or township landscape architect.
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The landscape architectural treatment of all parking areas shall be designed to; promote safe and convenient circulation; to limit vehicular/pedestrian conflicts; to limit paved areas; to provide shade and reduce heat island effects; and to soften the overall visual impact of parking areas. The design of all parking areas shall comply with the requirements of section 22-9 and subsection 19A-2.3. Off street parking and loading areas shall receive landscape architectural treatment as follows:
a. 
Shade trees within the parking area shall be provided at a minimum rate of two trees for every ten parking spaces, or fraction thereof. Preservation or relocation of existing trees greater than three inches caliper is encouraged to meet this requirement. Landscape buffer area plantings are not to be considered to satisfy this requirement.
b. 
In the islands provided at the end of individual rows of parking spaces between access roads or aisles planting shall be provided to buffer the view of parked cars, provide shade, and cover the ground plane. The use of excessive quantities of unplanted bark or stone mulch shall be avoided due to the undesirable requirements for weed barriers or chemical weed control to maintain a neat and manicured appearance.
c. 
Plant sizes shall be a minimum of two and one-half to three inches caliper for shade trees, 12 to 14 feet height and two and one-half to three inches caliper for ornamental trees, and two to three feet height for shrubs. The spacing of shrubs provided as a buffer shall be as necessary to provide a continuous hedge or mass with plants touching at the time of installation. The branching habit of all plants shall be full form and shall conform to the American Standard for Nursery Stock as published by the American Association of Nurserymen (ANSI Z60.1-1986, or later revision). All trees shall be balled and burlaped, nursery grown, true to species and variety. All varieties shall be subject to approval by the township shade tree commission and/or township landscape architect.
d. 
Large parking areas shall be subdivided into modules as per (amended) subsection 22-9.5. Separation of modules should be achieved by a landscape island of a minimum width of ten feet. Integration of pedestrian walkways, within this island, aligned with building entrances or focal points, is encouraged and should be considered.
e. 
Pedestrian/vehicular conflicts shall be minimized through design, yet when necessary, clearly indicated by a change of vehicular and pedestrian paving and plant materials. Integrated landscape islands/peninsulas with walks in lieu of parking spaces shall be provided in front of building entrances.
f. 
Parking lot lighting should be sited within landscape islands. Trees shall not hinder safe lighting coverage. Tree varieties and light photometrics standards and locations must be considered. Shade trees should be used to reduce glare to adjacent properties, buildings, and roadways.
g. 
Parking decks or structures shall receive landscape treatment which softens the bulk and scale of the structures and screens the ground level cars from the public roads and buildings. Deck level planting shall be treated similarly to a parking lot on grade.
022--Image-11.tif
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The landscape plan or site for all site plan and subdivision plan submissions shall address the planting of all green space in accordance with the standards set forth herein or another appropriate manner. Green space shall be considered any area of a site not developed in an impervious manner and not covered by other requirements of this ordinance. In the site planning process the provisions and landscaping of green space or planting areas should be considered to enhance the visual quality of a site, and provide spatial or directional definition as follows:
a. 
Provide planting area and planting around all buildings as appropriate relative to the architecture, anticipated use and to limit pavement to that necessary for access, and appropriate use.
b. 
To provide immediate buffering, visual relief, and scale for large office, commercial, and industrial buildings larger size trees shall be provided near the building perimeter (within 75 feet). The quantity of trees shall be equal to one tree for every 40 feet of general building perimeter. The tree size shall be based upon the height of the building as follows:
Building Stories
Tree Size
1 - 2
4" - 4.5" caliper
3
5" - 5.5" caliper
4 - 6
6" - 6.5" caliper
These trees shall be located in a manner consistent with architectural and site design and shall provide maximum visual impact. Preserved or relocated existing vegetation may be utilized to meet this requirement. The branching habit of all plants shall be full form and shall conform to the American Standard for Nursery Stock as published by the American Association of Nurserymen (ANSI Z60.1-1986, or later revision). All trees shall be balled and burlaped, nursery grown, true to species and variety. All varieties shall be subject to approval by the township shade tree commission and/or township landscape architect.
c. 
In residential developments, in addition to the screening and street trees required, additional plantings or landscaping elements shall be required throughout the subdivision or site development for climate control, privacy, or for aesthetic reasons in accordance with a planting plan approved by the board of jurisdiction based upon the recommendations of the township shade tree commission and/or township landscape architect. Multi-family site plan applications shall include large scale (one inch equals ten feet or greater) plans for typical unit plantings for each dwelling type to address these concerns.
d. 
In nonresidential developments, all areas of the site not occupied by buildings and required improvements shall be appropriately landscaped with grading and planting of grass or other ground cover, shrubs, and trees as part of the landscape plan approved by the board of jurisdiction, based upon recommendations of the shade tree commission and/or township landscape architect. Planting of trees along streets and in front yard areas shall be provided as required by ordinance and as necessary to create a harmonious, pleasant view from all roads. The use of extensive unplanted stone or bark mulch beds shall be avoided due to the requirement for undesirable weed barriers and/or chemical weed control to maintain a neat and manicured appearance.
All site plan and subdivision plans shall address pedestrian spaces and circulation. The objectives shall be to promote free and safe movement of pedestrians and bicycles into, and between, and through the proposed and existing facilities, and to provide pleasant pedestrian spaces at building entrances and nodes. The following standards shall apply:
a. 
Pedestrian and bicycle access shall be provided from public roadways, parking lots, and adjacent land uses where appropriate.
b. 
The layout of pedestrian walkways shall be consistent with the overall design. In natural landscapes, walkways shall meander through plantings and berms. Formal landscapes may require straight or symmetrical walkways. The views of pedestrians shall be visually interesting.
c. 
Plantings along pathways shall provide shade, orientation, and views.
d. 
Provide benches and sitting areas along pathways where appropriate and particularly where they can incorporate or provide views of a significant landscape feature, recreational facility, or interesting site design of the project and as required by the board of jurisdiction.
e. 
Connections to open space areas and facilities on adjacent properties shall be provided. Pedestrian easements between lots with a paved walkway may be required.
f. 
Pedestrian bridges over streams, ravines, or drainage swales shall be required when necessary to make connections in pedestrian system(s). They are subject to all regulatory agency permit requirements.
g. 
Pedestrian amenities such as kiosks, water fountains, pedestrian scale lighting, and gazebos shall be provided where appropriate and as required by the board of jurisdiction.
h. 
Bicycle parking for each building, adequate space for bicycle movements shall be provided.
i. 
Building entrances, plazas, exterior malls, promenades, and nodes shall receive detailed pedestrian scale landscape architectural treatments. Pedestrian/vehicular conflicts shall be avoided through design. Building entrances shall be delineated by planting islands within the parking area. Plantings shall include shade trees, evergreen and ornamental trees, and shrubs as appropriate. The planting design shall provide visual variety and interest, spatial enclosure and separation from parking areas, and protection from sun and wind. Sitting areas with benches or seat walls shall be provided as appropriate.
022--Image-13.tif
All land development plans shall identify and locate potential historical resources and natural amenities such as: critical areas; woodlands; hilltops and unique vistas or scenic views; steep slopes; bodies of water; streams; natural drainage swales; wetlands and required buffers; wildlife corridors; areas of high ecological value; windbreaks; groves of trees; hedge rows; orchards; unique vistas; old or unique structures; farmsteads; villages; and historic structures; and landmarks. During the site planning process the designer shall attempt to preserve and enhance these features to the maximum extent possible for present and future residents as follows:
a. 
The architectural, site plan, and landscape architectural design shall utilize these amenities for design themes, preserving their heritage and enhancing their significance. The uniqueness of the existing specimen trees bodies of water, groves of trees, hedge rows, historic structures and landmarks, and farmsteads within the site plan as features and focal points.
b. 
Clearing trees and shrubs from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading or construction requirements, and/or proposed building locations necessitate removal of trees and shrubs. Trees and shrubs which provide shade, protection from wind, noise and visual screening or habitat for wildlife should be preserved. The plans shall provide the location of all woodland areas, trees greater than five inches diameter (5" dbh) and any significant shrub or herbaceous plants which exist upon a site. The plans shall also clearly indicate if these plants shall be preserved, relocated or removed during construction. If significant woodland and trees are removed then areas of environmental value, either on or off of the site being developed, as designated by the shade tree commission and/or board of jurisdiction, shall be replanted in accordance with the specifications of subsection 22-27.5b.
c. 
Preserved trees shall be protected from unnecessary disturbance during construction. Soil compaction and physical damage to roots, limbs and the trunk are the most common forms of damage to trees. The compaction of soil within the dripline of a tree will damage the soil structure and inhibit the intake of water and air by the plants roots. Damage of the trunk and limbs can interrupt the flow of air and water throughout the plant, and can make the plant susceptible to insects, bacteria and diseases which will cause decline and eventual death of the plant. To prevent these problems prior to the initiation of construction fencing or other approved barriers, of a minimum four foot height, shall be installed at the dripline of the tree(s). The existing natural grade shall not be altered and roots should not be cut within the dripline of the tree(s) canopy. No soil, construction materials or construction vehicles shall be stored within the dripline of any tree(s). No boards, wires, signs or other materials shall be attached to or mounted upon any tree(s). Any damage to limbs or trunks shall be avoided. If damage occurs, care should be implemented under the direction of a professional forester or certified tree expert.
d. 
All developments shall be designed to avoid irreversible negative impacts to endangered species.
Maintenance of landscape areas is a crucial part of any land development and must be addressed for all non fee simple residential development and all commercial development. Specifications for the perpetual maintenance of all outdoor areas on a site to assure a safe and attractive environment and to promote healthy growth of all plant materials shall be provided. This may take the form of a monthly schedule or a categorized guideline on the plans or as a separate document. The following areas shall be addressed; inspection, debris and weed control, irrigation, mulching, seasonal plantings; mowing of turf and wildflowers, pruning, fertilizer and amendments, insect and disease control, planting renovation, woodland management, landscape structures, lighting and paved surfaces.
a. 
All major subdivision and site plan applications shall include a landscape plan. This plan shall be prepared by a certified landscape architect. The plan shall be prepared on a half-tone sheet of the engineers grading plan showing existing and proposed grades and shall indicate the location, and spacing of shade trees, ornamental trees, evergreen trees, shrubs, groundcover, and lawn, utilizing different graphic symbols for each which are representative of the size of the plant, within a period of ten years after installation, and shown to scale. The plan shall include a planting schedule indicating the quantity, common name, botanical name, installed size (including height and caliper for shade and ornamental trees), root, and quality for all proposed plantings. The plan shall indicate the construction materials, location and size of any berms, walls, fences, pavements or site amenities to be provided. When appropriate or required a graphic section illustration at a scale of one inch equals ten feet or larger shall be provided to indicate the effectiveness of proposed or existing materials as a buffer in relation to the height of the area being screened, shall be provided. The plans shall include planting details which conform with or exceed the specifications of the standard Township Planting Details provided herewith.
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a. 
Prior to the issuance of any certificate of occupancy, the proposed landscape as shown on the approved landscape plan must be installed, inspected and approved by the township landscape architect. The township engineer and landscape architect shall take into account seasonal considerations in this regard as follows:
The planting of trees, shrubs, vines or ground cover as required by or associated with a subdivision or site plan approval by the board of jurisdiction shall be installed during the following 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
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 of plantings specifically for soil stabilization purposes. The plantings associated with any lot given a certificate of occupancy outside these periods shall be provided during the previous or next appropriate season.
The purposes of this section are as follows:
a. 
Maintain the quality streams and improve the currently impaired streams of the watershed.
b. 
Protect significant ecological components of riparian corridors such as wetlands, floodplains, woodlands, steep slopes and wild life and plant life habitats within the riparian corridors of the watershed; and prevent flood related damage to the communities of the watershed.
c. 
Complement the existing State, regional, county and municipal riparian corridor protection and management regulations and initiatives.
As used in this section, the following words and terms shall have the following meanings.
ACTIVITY
Shall mean any land disturbance, including any development for which an application for development is necessary.
CATEGORY ONE (C1) WATERS
Shall have the meaning ascribed to this term by the Surface Water Quality Standards at N.J.A.C. 7:9B-1.15, which have been identified for protection from degradation in water quality characteristics because of their clarity, color, scenic setting, and other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries significance.
CATEGORY TWO WATERS
Shall mean those waters not designated as Outstanding Natural Resource Waters of Category One in Surface Water Quality Standards at N.J.A.C. 7:9B-1.15 for purposes of implementing the antidegradation policies set forth at N.J.A.C. 7:9B-1.5(d).
FLOODWAY
Shall have the meaning ascribed to the term by the Flood Hazard Area Control Act (N.J.S.A. 58:16A-50 et seq.) and regulations promulgated thereunder published at N.J.A.C. 7.13 et seq., and any supplementary or successor legislation and regulations from time to enacted or promulgated.
INTERMITTENT STREAM
Shall mean surface water drainage channels with definite bed and banks in which there is not a permanent flow of water. Streams shown as a dashed line on either the USGS topographic quadrangle maps or the USDA County Soil Survey Maps of the most recent edition that includes hydrography are included as intermittent streams.
LAKE, POND, or RESERVOIR
Shall mean any impoundment, whether naturally occurring or created in whole or part by the building of structures for the retention of surface water, excluding sedimentation control and stormwater retention/detention basins and ponds designed for the treatment of wastewater.
100-YEAR FLOOD LINE
Shall mean the line that is formed by following the outside boundaries of the area inundated by a 100-year flood. A 100-year flood is estimated to have one percent chance, or one chance in 100, of being equaled or exceeded in any one year. The 100-year flood line shall be determined by reference to the most recent Flood Insurance Rate Map published by the Federal Emergency Management Agency, information derived from field survey and local hydrological analyses.
PERENNIAL STREAM
Shall mean a stream that flows continuously throughout the year in most years. These streams usually appear as a blue line on USGS topographic quadrangle maps or on USDA County Soil Survey Maps.
RIPARIAN CORRIDOR
Shall mean the stream channel (the bed and banks of a stream that confine and conduct continuously or intermittently flowing water), the area within the 100-year flood line and a minimum of 100 feet from the 100-year flood line, extending outward from the stream channel on both sides of the stream. If there is no 100-year flood line delineated, the distance shall be measured outward from the bank of the stream channel. If slopes greater than 15 percent abut the outer boundary of the riparian corridor, the area of such slopes shall also be included as the riparian corridor. For additional surface water bodies, the riparian corridor shall extend 75 feet from the defined edge of a lake, pond or reservoir at bank-full flow or level.
1. 
In the case of Category One (C1) waters, the riparian corridor shall equal the Special Water Resource Protection Area, and shall be measured as defined at N.J.A.C. 7:8-5.5(h). Special Water Resource Protection Areas are established along all waters designated as C1 at N.J.A.C. 7:9B and perennial or intermittent streams that drain into or upstream of C1 waters as shown on the USGS quadrangle map or in the County Soil Surveys, within the associated HUC 14 drainage.
2. 
For areas adjacent to surface water bodies designated Category Two Waters for Trout Production (FW2-TP) the riparian corridor shall extend a minimum of 150 feet measured from the defined edge of the intermittent or perennial stream, or centerline if the bank is not defined, and from the defined edge of a lake, pond or reservoir at bank-full flow or level. Where steep slopes (in excess of ten percent) are located within the designated widths, the riparian corridor shall be extended to include the entire distance of this sloped area.
STREAM
Shall mean a perennial or intermittent stream depicted on the most recent United States Geological Survey Hydrologic Units Map published by the Office of U.S. Information Services and the United States Geological Survey Maps prepared by the U.S. Geological Survey.
SURFACE WATER BODY
Shall mean any perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein. In addition, any State open waters identified in a letter of interpretation issued by the New Jersey Department of Environmental Protection Land Use Regulation Program shall be considered surface water bodies.
a. 
All tracts falling in whole or in part within a riparian corridor shall be subject to the standards set forth in subsection 22-28.4 et seq., except that this section shall not be applicable: (a) when an activity is reviewed by the Delaware and Raritan Canal Commission under N.J.A.C. 7:45-7: Stream Corridor Impact Regulations for the Review Zone of the Delaware and Raritan Canal State Park (adopted February, 1994) or successive regulations and amendments, or (b) to preexisting lots improved with a one-family dwelling, or (c) to agricultural activities protected by the Right to Farm Ordinance, Section 26-1 et seq.
b. 
Any proposed activity within a riparian corridor, not exempt hereunder or not permitted under subsection 22-28.4a, shall be subject to site plan review by the planning board or the zoning board of adjustment, as the case may be.
a. 
Activities Permitted in Riparian Corridors. Riparian corridors shall remain in their natural state, with no clearing or cutting of trees and brush (except for removal of dead vegetation and pruning for reasons of public safety), altering of watercourses, regrading or construction, except for the following activities:
1. 
Wildlife sanctuaries, woodland preserves, and arboretums, but excluding enclosed structures.
2. 
Game farms, fish hatcheries, and fishing reserves, operated for the protection and propagation of wildlife, but excluding enclosed structures.
3. 
Unpaved hiking, bicycle, and bridle trails, including bridges or other structures appurtenant thereto constructed and/or maintained by or under the authority of the township.
4. 
Unpaved trails or pathways, including bridges or other structures appurtenant thereto constructed and/or maintained by or under the authority of the township for the purpose of providing access to public recreation areas.
5. 
Fishing areas.
6. 
Reconstruction of a structure which predates the adoption of this section in the event of damage or destruction by fire, storms, natural hazards, or other acts of God, provided that the reconstruction does not substantially increase the footprint or total area than that of the damaged structure and that no change in land use occurs. Any such reconstruction shall be performed in accordance with current State and Federal construction standards within flood plains, unless the application of such standards would cause extreme economic hardship, as determined by the board of jurisdiction.
b. 
Location of Activities on Tracts Partially Within Riparian Corridors.
1. 
All new lots in major and minor subdivisions and site plans shall be designed to provide sufficient areas outside of riparian corridors to accommodate primary structures as well as any normal accessory uses appurtenant thereto.
2. 
The board of jurisdiction may allow an average riparian corridor width of 100 feet from the 100-year flood line, thus allowing reasonable flexibility to accommodate site planning when necessitated by the size and shape of the tract and physical conditions thereon. The riparian corridor width may be reduced to a minimum of 50 feet from the 100-year flood line provided there is an equivalent increase in the width elsewhere on site and that all relevant permits (e.g., Stream Encroachment, Freshwater Wetlands) are obtained.
c. 
Activities in Riparian Corridors When There is no Reasonable or Prudent Alternative. The following are permitted in a riparian corridor when subdivisions or site plans cannot be designed in the manner set forth in subsection 22-28.4b if the board of jurisdiction determines that there is no other reasonable or prudent alternative to placement in the riparian corridor. All encroachments proposed into Category One (C1) riparian corridors shall comply with the requirements at N.J.A.C. 7:8-5.5(h) and shall be subject to review and approval by the New Jersey Department of Environmental Protection.
1. 
Yard improvements such as lawns and accessory structures including but not limited to swimming pools, decks, patios, gazebos, fences, sheds and play equipment.
2. 
Recreational use, whether open to the public or restricted to private membership, such as parks, camps, picnic areas, golf courses, sports, or boating clubs, not to include enclosed structures, but permitting piers, docks, floats, or shelters usually found in developed outdoor recreational areas.
3. 
Outlet installation for sewage treatment plants and sewage pumping stations and the expansion of existing sewage treatment facilities.
4. 
Private or public water supply wells that have a sanitary seal, flood-proofed water treatment facilities, or pumping facilities.
5. 
Dredging or grading when incidental to permitted structures or uses, including stream cleaning and stream rehabilitation work undertaken to prove hydraulics or to protect public health.
6. 
Dams, culverts, bridges, and roads provided that they cross the corridor directly as practical.
7. 
Sanitary or storm sewers.
8. 
Utility transmission lines installed during periods of low stream flow in accordance with soil erosion and sediment control practices and approved by the State Soil Conservation District in a manner that will not impede flows or cause ponding of water.
9. 
Structures comprising part of a regional flood detention project.
10. 
Detention or retention basins and related outfall facilities.
d. 
Activities Permitted in Riparian Corridors When Prohibiting Such Activities Would Cause Extreme Economic Hardship.
1. 
New structures (other than those permitted as exceptions to subsections 22-28.4a and c, including retaining walls, parking facilities, and roads (but not those that are parallel to the stream) are permitted in a riparian corridor only if:
(a) 
Upon a clear and convincing demonstration by the applicant that prohibiting such activity would result in extreme economic hardship or would conflict with a compelling public need.
(1) 
The board of jurisdiction shall use the following standards in determining whether extreme economic hardship exists:
(i) 
Prohibiting the activity would extreme economic hardship, as distinguished from mere inconvenience, because of the particular physical surroundings, shape, or topographical conditions of the property involved. The necessity of acquiring additional land to locate development outside the riparian corridor shall not be considered an economic hardship unless the applicant can demonstrate that there is no adjacent land that is reasonably available; and
(ii) 
An applicant shall be deemed to have established the existence of an extreme economic hardship only if the applicant demonstrates, based on the specific facts, that the subject property is not capable of yielding a reasonable economic return if its present use is continued or if it is developed against the provisions of this section and that this inability to yield a reasonable economic return results from unique circumstances peculiar to the subject property that:
[a] 
Do not apply to or affect other property in the immediate vicinity.
[b] 
Relate to or arise out of the characteristics of the subject property rather than the personal situations of the applicant; and
[c] 
Are not the result of any action or inaction by the applicant or the owner or his predecessors in title.
(2) 
An applicant shall be deemed to have established compelling public need if the applicant demonstrates, based on specific facts, that:
(i) 
The proposed project will serve as an essential public health or safety need;
(ii) 
The public health and safety require the proposed activity;
(iii) 
The proposed use is required to serve existing public health or safety need;
(iv) 
There is no alternative available to meet the established public health or safety need;
(v) 
The activity will not be materially detrimental or injurious to other property or improvements in the area in which the subject property is located and will not endanger public safety; and
(vi) 
The exception granted is the minimum relief necessary to relieve the compelling public need.
(b) 
The riparian corridor includes more than 75 percent of the tract.
2. 
If an exception set forth in subsection 22-28.4d1(a) or (b) is granted, by the planning board or the zoning board, as the case may be, may reduce the width of the riparian corridor to no less than 50 feet from the 100-year flood line.
3. 
If such an exception is granted, the applicant shall rehabilitate an environmentally degraded riparian corridor within or adjacent to the same tract at least equivalent in size to the riparian corridor reduction permitted and, if not possible, rehabilitate or expand a riparian corridor of such size within a nearby tract and if available, within the same watershed. Rehabilitation shall include reforestation, stream bank stabilization and removal of debris. The area to be rehabilitated and the rehabilitation plan shall be acceptable to the board of jurisdiction.
e. 
Prohibited Activities. All activities not permitted pursuant to subsection 22-28.4a, b, and c shall be prohibited. In no circumstance shall the following be permitted as exceptions to such subsections.
1. 
Any solid or hazardous waste facilities, including but not limited to sanitary landfills, transfer stations, and wastewater lagoons.
2. 
Junkyards, commercial and industrial storage facilities, and open storage of vehicles and materials.
f. 
Provisions Governing Activities in Riparian Corridors.
1. 
The applicant for any activity permitted in a riparian corridor shall rehabilitate any degraded areas within the riparian corridor, in a manner acceptable to the board of jurisdiction or the zoning officer, as the case may be, unless the applicant demonstrates that it is economically infeasible to do so.
2. 
The applicant shall also:
(a) 
Rehabilitate or cure the effects of the disturbance caused during construction;
(b) 
Maintain the integrity of the surrounding habitat; and
(c) 
Maintain the existing ability of the riparian corridor to buffer the surface water body.
3. 
The applicant shall provide whatever additional measures are necessary to ensure that areas designated as riparian corridors will be preserved and to prevent additional encroachments in the riparian corridor likely to occur as a result of the approval granted.
4. 
The board of jurisdiction may require conservation easements or deed restrictions ensuring that there will be no further intrusion on the riparian corridor than that permitted by the activity approved.
g. 
Submission Requirements. An applicant for an activity in a riparian corridor shall submit to the municipality a map of the project site delineating the following (at a scale of 1 inch: 200 feet), using the best available information:
1. 
100-year flood line; and
2. 
State wetland boundary lines; and
3. 
The riparian corridor boundary; and
4. 
Any slopes >15 percent within the site; and
5. 
The location of all improvements and land disturbance proposed to be located within any of the above boundaries.
The following definitions shall apply in the interpretation and enforcement of this chapter unless otherwise specifically stated:
CONTAMINANT
Shall mean any hazardous substance, hazardous constituent, hazardous waste or pollutant.
E.P.A.
Shall mean the United States Environmental Protection Agency.
HAZARDOUS SUBSTANCE
Shall mean any hazardous substance as defined pursuant to section 3 of P.L. 1976, c. 141 (C. 58:10-23.11b), hazardous waste, as defined pursuant to section 1 of P.L. 1976, c. 99 (C. 13:1E-38), or pollutant as defined pursuant to section 3 of P.L. 1977, c. 74 (C. 58:10A-3).
PERMITTABLE SOIL CONTAINMENT LEVELS
Shall mean priority pollutant +40 contaminant levels, which are below the most stringent State Soil Cleanup Criteria and have not been classified as hazardous waste by the New Jersey Department of Environmental Protection.
PRIORITY POLLUTANT PLUS 40 or PP+40
Shall mean the priority pollutant list of 126 compounds and elements developed by the EPA pursuant to Section 307(a)(1) of the Clean Water Act and 40 nontargeted organic compounds detected by gas chromatography/mass spectroscopy (GC/MS) analysis. For the purposes of this chapter, a PP+40 scan means the analysis of a sample for all priority pollutants except asbestos and 2,3,7,8-tetrachloro-dibenzo-p-dioxin, and up to 15 nontargeted volatile organic compounds and up to 25 nontargeted semivolatile organic compounds as analyzed using GC/MS analytical methods. Nontargeted compound criteria shall be used pursuant to the version of the EPA "Contract Laboratory Program Statement of Work for Organic Analysis, Multi-media, Multi-concentration" in effect as of the date which the laboratory is performing the analysis.
a. 
Any person proposing to import fill materials shall provide proof that no contaminants exist in the soil to be imported, including, but not limited to results of tests for permittable soil contaminant levels and priority pollutant plus 40 (or PP+40) scans. A minimum of two samples are to be extracted from the source for laboratory analysis for each 500 cubic yard lot, or fraction thereof. Samples are to be extracted, tested and evaluated by a State certified laboratory. All expenses connected with such testing shall be borne by the applicant. All sampling procedures utilized to characterize contaminants in soil shall be in accordance with the Technical Requirements for Site Remediation (N.J.A.C. 7:26E) and the New Jersey Department of Environmental Protection Field Sampling Procedures. Soil to be used for fill shall be sampled at its point of origin.
b. 
In addition to the above requirements, any person proposing to import fill materials shall collect waste classification samples to determine whether such materials are considered hazardous waste. The procedures for collecting representative waste classification samples to determine if the materials are hazardous shall be performed in accordance with the Division of Solid Waste and Hazardous Wastes' Waste Classification Request Form (HWM-009) and all associated references and appendices. Waste classification samples shall be analyzed for the parameters set forth in Appendix 2 of HWM-009. All applicants shall obtain from the New Jersey Department of Environmental Protection Division of Solid and Hazardous Waste a classification determination letter which indicates that the materials are not considered hazardous waste. Soil to be used for fill shall be sampled at its point of origin. All expenses connected with such testing shall be borne by the applicant.
c. 
Proof that the soil to be imported is not high acid producing soil with a pH of 4 or less or containing iron sulfide. Soil to be used for fill shall be sampled at its point of origin. All expenses connected with such testing shall be borne by the applicant.