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.
[Ord. 1976-34]
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:
2. Storm drains and appurtenances;
(b) Prior to installation of manhole and inlets,
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.
[Ord. 1980-47; Ord. 1984]
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.
[Ord. 1976-34]
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.
[Ord. 1976-34; Ord. 1981-13; Ord. 90-29; Ord. 1991-9; Ord.
2002-14]
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
|
[Ord. 1976-34]
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.
[Ord. 1976-34]
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.
[Ord. 1976-34; Ord. 1978-37; Ord. 1983-6,]
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.
[Ord. 1976-34; Ord. 1988-16; Ord. 1998-28; Ord. 2006-4]
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
|
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.
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 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 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.
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" 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.
2. The escrow amount required by Schedule "A" 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.
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." 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.
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.
[Ord. 1976-34]
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.
[Ord. 1976-34]
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.
[Ord. 1976-34]
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.
[Ord. 1976-34]
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.
[Ord. 1976-34]
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.
[Ord. 1976-34; Ord. 1988-9; Ord. 1993-25]
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.
[Ord. 1976-34]
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.
[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".
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.
[Ord. 1976-34]
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.
[Ord. 1991-9; Ord. 1991-17]
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
|
[Ord. 2000-11.; Ord. 2006-10]
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.
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:
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.