Township of Berkeley, NJ Design Standards

The Department of Engineering shall ascertain, in each drainage instance, the drainage area of which the specific subdivision or site development is a part and apportion a fair cost of adequate drainage for the whole drainage area among land owners who contribute to or who will contribute to the stormwater runoff if the subdivision or site plan is approved. Each applicant for a subdivision or site plan requiring provisions for drainage of stormwater runoff shall install an adequate drainage system for the specific development and shall also pay in cash or check to the Township Drainage Trust Fund for the ultimate disposal of the stormwater runoff to an adequate outlet. Each payment made to the Township shall be held by it in trust until the overall disposal system is constructed for the drainage area in question, at which time the trust funds raised for that drainage area may be used for construction in for that area. If the improvements are not initiated within a period of 10 years from the date of payment or any other mutually agreeable period of time, all deposits shall be returned to the developer together with the accumulated interest.

[Ord. No. 94-29 § 118-14.2]

The block length, width and acreage within bounding roads shall be such as to accommodate the size and dimensions of lots required for the zoning district and to provide for convenient access, circulation control and safety of vehicles and pedestrians.

Block lengths may vary between 500 and 3,000 feet, but blocks along other than local, local collector, minor collector or major collector streets shall not be less than 1,200 feet long.

Interior crosswalks with a right-of-way 10 feet wide containing a sidewalk of four feet or greater in width and fenced on both sides may be required for blocks longer than 1,200 feet, and from the ends of the cul-de-sac to adjacent streets and elsewhere as required by the public convenience, including the provision of walks giving access to schools, playgrounds and shopping centers, without the necessity of crossing traffic thoroughfares.

[Ord. No. 94-29 § 118-14.3; Ord. No. 01-21-OAB § 17; Ord. No. 11-25-OAB § 3]

All uses, other than single-family detached, townhouses and two-family detached dwellings and their accessory uses shall provide buffer areas along all sides and rear property lines which abut areas zoned residentially or containing existing residential uses (including single-family detached, two-family or multifamily detached dwellings) and along front property lines on local, local collector, minor collector and major collector streets which abut areas zoned for such residential uses. Buffers shall not be required adjacent to lagoons or NJDEPE wetlands.

Wherever this chapter imposes a landscaping or seeding requirement, natural vegetation may be substituted in all areas where it exists and has attained a height of at least six feet. The landscaping and seeding requirement shall still apply, however, in all areas not so covered.

In conjunction with commercial or industrial uses, all areas of a lot not occupied by buildings, pavement or other surfacing and other required improvements shall be landscaped by the planting of grass and/or ground cover, shrubs and trees. The placement of the plant material shall be appropriate to the enhancement of the property and in accordance with a landscape plan approved by the Board. All such area shall be continuously maintained.

In order to provide adequate buffering between differing classifications, buffer zones shall be provided in conjunction with any nonresidential use abutting a lot zoned for residential purposes or containing an existing residential use. Such buffer requirements shall apply to every property line that abuts a residentially zoned lot or use. The required width of a buffer shall be in addition to any required yard areas and shall include a screening strip as herein prescribed. The minimum width of any buffer zone shall be 10 feet for a building or group of buildings on one lot up to 10,000 square feet of gross floor area. The width of the buffer zone shall be increased by one foot for each 1,000 square feet or fraction thereof that a building or group of buildings exceeds 10,000 square feet, up to a maximum width of buffer zone of 100 feet.

Where a nonresidential building or group of buildings proposed within any zone will exceed 200,000 square feet and will abut previously developed residential uses, the Board may require an earth mound with screen plantings to provide a sight and sound barrier. Such mound shall be not less than six feet in height nor 36 feet in width at its base and shall be greater if required to visually screen to the maximum extent feasible parking, lighting and buildings from the residential area or to provide for a maximum noise level at the property line, measured 10 feet above ground level, in accordance with the following table.

[Editor's Note: Said table, Maximum Permissible Sound Levels by Receiving Property Category, in dBA, is included as an attachment to this chapter.]

Buffer areas shall be maintained and kept free of all debris, rubbish, weeds and tall grass.

No structure, activity, storage of materials or parking of vehicles shall be permitted within the buffer area, except that where approved by the Planning Board the buffer area may be broken for vehicular or pedestrian access and appropriate directional safety signs provided.

Screening. Within required buffer areas there shall be provided screening in accordance with the following regulations:

Location.

The location of screening within buffer areas wider than 20 feet shall be arranged in order to provide maximum protection to adjacent properties and to avoid damage to or interference within desirable existing plant material and shall be subject to approval by the Board.

Those portions of the buffer area not included within the screening strip shall either contain existing vegetation approved by the Board and/or be planted with trees and shrubs in accordance with a landscaping plan approved by the Board.

The screening area shall be a minimum of 20 feet in width. The trees shall conform to the current American Standard for Nursery Stock sponsored by the American Association of Nurserymen, Inc. The trees may be planted in either of the following manners:

The trees shall be planted in two rows, the rows being eight feet apart, and the plant material shall be evergreen trees of between five and eight feet in height. The plant material within the rows shall be staggered and planted in ten-foot centers.

The planting shall occur in a naturalistic manner consisting of groupings of mixed plant varieties and sizes. The planting shall consist of evergreen trees between five and eight feet in height planted 10 feet on center; shade trees 2.5 inches minimum in caliper; flowering trees four to five feet in height and shrubs two feet in height planted in naturalistic pattern of mixed plant varieties and sizes. The shade trees shall be planted at 10/1,000 linear feet of screening area; the flowering trees shall be planted at 10/1,000 linear feet of screening area; and the shrubs shall be planted at 50/1,000 linear feet of screening area.

In cases where it is determined to be desirable by the Board, evergreen trees planted with a minimum height of four feet may be substituted for the five to eight-foot trees provided that the developer shall install a solid six-foot high stockade fence along the outside of the required screening strips prior to commencing the construction of improvements on the site. The stockade fence shall be maintained in good condition by the developer until such time as the evergreen trees have grown to a minimum height of 10 feet, at which time the developer may remove the stockade fence.

Where existing specimen trees exist within a screening area, they should be retained and supplemented with shade-tolerant evergreen trees to provide the equivalent of the required screening.

Where all proposed buildings, parking areas and other improvements are located 100 feet or more from a property line abutting a residential zone, the Board may permit a screening area 10 feet in width planted with a single row of evergreen trees in a location approved by the Board planted on ten-foot centers with a minimum height of six to eight feet of a type and species to be substituted for the screening area.

The required height for a screening area shall be measured in relationship to the elevation of the land at the nearest required rear, side or front yard setback line of the abutting residentially zoned properties. Where the average ground elevation of the location at which the screening strip is to be planted is less than the average ground elevation at the nearest required rear, side or front setback line on the abutting residentially zoned property, the Board may require that the height of trees planted in the required screening strip be increased by an amount equal to the difference in elevation. Where the average ground elevation of the location at which the screening strip is to be planted is greater than the average ground elevation at the nearest required rear, side or front setback line on the abutting residentially zoned property, the Board may permit the height of trees planted in the required screening strips to be decreased by an amount equal to 1/2 the difference in elevation, except that in no case shall the required height be reduced to less than four feet.

All trees in a screening area shall be watered weekly through the first growing season. The developer shall construct a six inch deep earth saucer around each tree to hold water and fill with woodchips or other suitable mulch. Trees shall be nursery grown, balled and bagged, sheared and shaped, of the required height and planted according to accepted horticultural standards.

At the following locations within required screening areas, evergreen shrubs with a maximum mature height of 30 inches or less, shall be provided in lieu of the evergreen trees specified above.

Within sight triangle easements.

Within 25 feet of intersections measured along the edge of pavement/curbline where sight triangle easements are not required.

Within 25 feet of access drives measured along the edge of pavement/curbline.

Waiver. The Board, after favorable recommendation by the Board Engineer, and after examination and review, may waive, fully or partially, provisions of this section in heavily wooded areas, in areas unsuitable for plantings or because of other exceptional conditions and/or may require supplementary plantings.

Roadway Screening Strip. Such strips are required where the rear of residential lots or units directly abut Ocean County roadways. Such strips shall provide the following:

Provide for a continuous landscape area of not less than 50 feet in width. The width of the area occupied by screening material shall not be less than 10 feet.

Berms shall be incorporated in a variable fashion both horizontally and vertically to achieve a rolling landscape. The height of the berm shall be appropriate to the existing topography, but shall not average less than three feet in height. The width should vary with side slopes of 5:1 to 3:1 being provided.

Sidewalks, if required, may meander through, around and over the berms, and around existing and proposed vegetation. In such a case, a sidewalk easement over the entire screening strip may be established.

The screening strip shall be planted in accordance with the following:

Deciduous Trees	10/1,000 lf.
Evergreen Trees	10/1,000 lf.
Deciduous Shrubs	50/1,000 lf.
Evergreen Shrubs	50/1,000 lf.

Plants shall be provided with a minimum size of 2.5 inches measured six inches above the base for deciduous trees; evergreen trees shall have a minimum size of five feet in height; ornamental trees shall have a minimum height of five feet; and shrubs shall have a minimum size of 24 inches in height.

Species shall be native to the area and shall be appropriate for planting in the Coastal Area and/or Pinelands Area, as applicable.

Tract Screening Strip. Screening strips shall not be required where single-family uses abut a single family zoning classification. Where proposed multi-family uses abut a single family zone, there shall be a tract screening strip provided. Such strips shall be as follows:

Provide for a continuous landscape area of not less than 15 feet in width. The width of the area occupied by screening material shall not be less than 10 feet.

If berming is to be utilized, such berms shall be incorporated in a variable fashion both horizontally and vertically to achieve a rolling landscape. The height of the berm shall be in character with the existing topography, but shall average not less than two feet in height. The width should vary with side slopes of 5:1 to 3:1 being provided.

The screening strip shall be planted with groupings of trees, and shrubs in accordance with the following:

Deciduous Trees	30/1,000 lf
Evergreen Trees	100/1,000 lf

Plants shall be provided with a minimum size of 2.5 inches measured six inches above the base for deciduous trees; evergreen trees shall have a minimum size of five feet in height; ornamental trees shall have a minimum height of five feet; and shrubs shall have a minimum size of 24 inches in height.

Species shall be native to the area and shall be appropriate for planting in the Coastal Area and/or Pinelands Area, as applicable.

Landscaping.

Topsoil preservation. No topsoil shall be removed from the site or used as spoil, except as may be provided for in a soil removal permit issued in accordance with the ordinances of the Township regulating mining operation or excess topsoil remaining after all improvements have been installed in accordance with an approved site plan or subdivision map after topsoil has been redistributed in accordance with this Subsection. All topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide an even cover and shall be stabilized by seeding or planting. All regraded areas and all lawn areas shall be covered by a four inch minimum thickness of topsoil. If sufficient topsoil is not available on the site, topsoil meeting the requirements of the Ocean County Soil Conservation District shall be provided to result in a four inch minimum thickness.

Tree removal. All tree removal shall be in accordance with the requirements of the Berkeley Township Tree Removal Permit Ordinance.

Protection of trees. No material or temporary soil deposits shall be placed within six feet of any trees or shrubs designated to be retained on the preliminary and/or final plat.

Removal of debris. All tree stumps and other tree parts or other debris shall be removed from the site and disposed of in accordance with law. No tree stumps, portions of a tree trunk or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips they may, subject to the approval of the Township Engineer, be used as mulch in landscaped areas.

Slope plantings. Landscaping of the area of all cuts or fills and terraces shall be sufficient to prevent erosion and shall be approved by the Board. All roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with suitable cover plants combined with grasses and/or sodding. Grasses or sodding alone shall not be acceptable.

Selective thinning. Throughout the development, except in areas specifically designated to remain in their natural state, in landscaped or buffer areas, on building lots and in open space areas for public or quasi-public use, the developer shall selectively thin or remove all dead or dying vegetation, either standing or fallen, and shall remove, including grubbing out stumps, all undesirable trees and other growth. The developer shall, in accordance with overall site development and his proposed landscaping scheme, provide pathways approximately four feet wide through all public or common open space in heavily wooded areas. Such pathways should be sited to conform to the existing natural conditions and should remain unobstructed. They are not intended to provide improved walkways but only to provide easy access through open space areas.

Additional trees in single-family and two-family subdivisions. Besides the screening and shade tree requirements, additional trees shall be planted throughout the subdivision in accordance with a planting plan approved by the Board at the time of final approval. The number of trees planted shall be not less than one per dwelling unit. These trees may be planted on the individual lots; clustered in groupings in areas of open space; or added to the screening and buffering requirements contained herein. Flowering trees or evergreens may comprise up to 30% of the total plantings.

Additional Landscaping. In conjunction with all uses, all areas of the site not occupied by buildings, pavement, sidewalks, required screening, required parking area landscaping, required safety islands or other required improvements shall be landscaped by the planting of grass or other appropriate ground cover. Two shrubs and one tree shall be planted for each 250 square feet of upland common open space. On waterfront lots or open spaces, the Board may allow a suitable stabilizing ground cover other than seeding.

Trees shall be planted with a minimum diameter of 2 1/2 inches measured six inches from the base.

The Board, after favorable recommendation by the Board Engineer, and after examination and review, may waive, fully or partially, provisions of this section in heavily wooded areas, in areas unsuitable for plantings or because of other exceptional conditions.

Specifications. All planting, clearing, selective thinning, topsoiling, seeding and other landscaping work shall conform to the applicable requirements of the Standard Specifications.

Landscaping Plan. The placement of landscaping shall be in accordance with a landscaping plan submitted and approved as part of the final plat.

13.

Relocated Plantings. Existing plants may be salvaged and/or relocated from clearing areas within the development and utilized to meet planting requirements, provided that:

Each three items of salvaged and/or relocated plant material shall be considered equivalent to two items of new plant material.

All such salvaged and/or relocated plant material shall be of a type, size and quality acceptable to the Township Engineer.

All such salvaged and/or relocated plant material shall be dug, transported and replanted at a season of the year and using a schedule and equipment, methods and materials conforming to the requirements of the Standard Specifications.

The developer has received the approval of the Township Engineer of the items to be relocated and the schedule and methods of relocation prior to any work of salvaging and/or relocation taking place.

14.

In the Pinelands Area, all landscaping shall also comply with the standards of § 35-157 of this chapter.

Shade Trees.

In each development of land, the developer shall plant within the shade tree and utility easements, or between the sidewalk and property line where such easements are not provided, proper shade and/or decorative trees at a maximum distance of 50 feet between trees. The minimum distance between such trees planted shall be 40 feet. Planting sites shall be indicated on the final plat. Such plantings shall not be required within sight easements as required elsewhere herein.

Planting Requirements.

All trees planted in accordance with the provisions of this chapter shall be placed in a proper manner and in a good grade of topsoil and within the area of the tree well at the point where the tree is planted. In the event that any individual person or group of individual persons desires to plant a tree or trees in a tree well or within the jurisdiction of the Township, such person or persons may do so, provided that they conform to the provisions of this chapter and further provided that permission of the Township is obtained.

All trees planted that are balled and burlapped will require one stake parallel to the trunk and secured at two points using the common hose and wire binding methods. All trees planted bare root will require two stakes parallel to the trunk opposite each other and secured to same using the common hose and wire binding method.

All trees will require a three-inch thick mulch layer covering the area of the hole.

An identification tag attached at the nursery indicating the exact variety will be required on at least one tree of each variety planted.

The use of more than one species of street tree within a development is encouraged in order to avoid problems associated with monoculture.

All shade trees to be hereafter planted in accordance with this chapter shall be nursery grown or of substantially uniform size and shape and shall have straight trunks. In the event that circumstances arise where the use of an ornamental tree is applicable, a formal request should be made to the Board for review.

Subsequent replacement plants shall conform to the type of existing tree in a given area. In a newly planted area, only one type of tree may be used on a given street. Trees shall be planted with a minimum diameter of 2 1/2 inches measured at six inches from the base.

A hole in which a tree is to be planted shall, in each case, be 1/3 larger in width and in depth than the existing root ball of the particular tree to be planted. The hole for a tree to be planted shall contain proper amounts of topsoil and peat moss, but no chemical fertilizer shall be added until the tree has been planted for one year.

In areas adjacent to salt water, such as bays, brackish rivers or lagoons, plantings may be one of the following kinds of trees, the maximum size and characteristics of which follow:

Sycamore maple (Acer pseudo-platanus): 60 to 70 feet tall; rapid growing shade tree; large spreading head.

London plane tree (Platanus acerifolia): 70 to 100 feet tall; grows rapidly, especially on moist sites.

In the upland, which is away from rivers, bays and lagoons, and not adjacent to large bodies of water, plantings shall be one of the following kinds of trees, the maximum size and characteristics of which follow:

(Reserved)

Hop hornbeam (Ostrya virginiana): 30 to 40 feet tall; leaves turn yellow in fall; broad rounded crown.

Bradford callery pear (Pyrus calleryana Bradford): grows 30 to 40 feet high; masses of white flowers; glossy green foliage turns bright crimson in fall.

Mount hope norway maple (Acer platanoides f. erectum): grows 30 to 40 feet high; globe-shaped top.

Japanese zelkova (Zelkova serrata village green): grows to greater than 40 feet tall; dark green foliage turning rusty red color in fall.

Scholar tree (Sophora japonica regent): 30 to 40 feet tall; with creamy white flowers from July through September; lovely spreading tree.

Red oak (Quercus rubra): 60 to 80 feet tall; leaves turn deep red or orange in fall; broad symmetrical crown.

(h)

Pin oak (Quercus palustris): 60 to 80 feet tall; grows rapidly in well-drained soils; pyramidal crown; excellent autumn foliage.

Willow oak (Quercus phellos): 70 to 80 feet tall; leaves turn yellow in fall; dense rounded crown.

(j)

Summershade norway maple (Acer platanoides): grows to heights greater than 40 feet; dark green foliage; shapely upright head.

(k)

Ginkgo biloba (Salisburia): 50 to 75 feet high; picturesque, exotic stately.

(l)

Green spire linden (Tilia cordata greenspire): 30 to 40 feet high; attractive fragrant flowers; small leathery dark green foliage.

In areas adjacent to fresh water rivers and lakes, plantings shall be one of the following kinds of trees, the maximum size and characteristics of which follow:

Sweet gum (Liquidambar styraciflua): 80 to 120 feet high; rich red foliage in fall; tall and symmetrical.

Willow oak (Quercus phellos): 70 to 80 feet tall; pyramidal shape; leaves turn yellow in fall.

London plane tree (Platanus acerifolia): 70 to 100 feet tall; grows rapidly, especially on moist sites.

Crimson king maple (Acer platanoides); height to 50 feet; brilliant crimson leaves; color retained throughout summer.

Thornless honey locust (Gleditsia triacanthos var. inermis): 60 to 70 feet high. Acceptable varieties are:

Skyline honey locust, pyramid form with ascending branches (60° to 90° angle); compact dark green leaves.

[2]

Shademaster (Plant Patent No. 151) ascending branches, dark green leaves.

Marshall's green ash (Fraxinus Pennsylvania marshall's): deep rooted; glossy foliage; can withstand moist soils.

On other beaches, both oceanfront and bay front:

Regent scholar tree (Sophora japonica regent): grows 40 to 50 feet tall.

Japanese black pine (Pinus thunbergii): grows 30 to 40 feet tall; plant in full sun.

All shade trees shall be planted in accordance with the landscaping requirements of the Standard Specifications. Other trees not listed in Subsections 6 through 9 above may be utilized if approved by the Board Engineer.

Street trees shall be planted in one of the following manners:

Formal alee of street trees with a uniform distance between trees on both sides of the street.

A naturalized grouping of street trees where the street varieties are varied, spacing the trees three feet to 15 feet from the curbline. The total number of street trees shall average one for every 45 linear feet of street, measured at the curbline. If existing trees are preserved within five feet of the curb, the requirements for street tree planting may be reduced.

Route 9 Corridor. (Diagrams referred to herein may be found at the end of Subsection m.)

In addition to the applicable requirements of this section, the following standards shall apply to all properties fronting on NJ Route 9 and located in the Highway Business (HB) zoning district. They shall apply specifically to the area within 50 feet of the highway right-of-way line. All subdivision and site plan applications involving such properties shall provide a landscaping plan that demonstrates compliance with these standards. If unique site-specific circumstances such as wetlands, existing vegetation, or unusual lot configuration preclude the installation of any of the prescribed landscaping elements, the applicant shall provide an alternative plan that incorporates as many elements as is feasible. In all cases, however, the sidewalk element must be provided.

General Corridor Plan. Diagrams 1 and 2 depict the overall design concept to be achieved along the corridor.

Planting Details (General). Plant selection should conform to the following general design principles:

All landscape plants shall be typical full specimens conforming to the American Association of Nurserymen Standards (ANA) for quality and installation.

Local soil conditions and water availability shall be considered in the plant selection. All plants shall be tolerant of specific site conditions. The use of indigenous species may be appropriate.

Landscaping shall not inhibit access by emergency vehicles or inhibit visibility within required vehicular sight triangles.

Irrigation systems are to be provided for all new plantings.

An appropriate variety of tree species shall be provided to avoid die-out due to species-specific diseases.

Street Tree Details. In addition to the requirements found in Subsection 38-45.1, street trees shall be provided in accordance with the following:

Placement of street trees shall conform to Diagrams 1 and 2.

The number of street trees shall average one for every 35 linear feet of property frontage.

Spacing between trees shall be determined based upon species selection. In general, trees should be between 30 and 50 feet on center.

Trees should be a minimum of 3 1/2 to four inches caliper, based on ANA standards.

Trees are to be disease resistant and tolerant of road salts and air pollution.

On properties with more than one tree species, species shall not be alternated one-by-one; instead a single species shall be grouped together to create a canopy effect.

Branching height shall bear a relationship to the size and species of tree but shall have a minimum clearance height of seven feet above grade before branching begins.

Buffer Details. A landscaped buffer shall be provided in the last 10 feet of the setback area in accordance with the following:

A shrub mass of deciduous and/or evergreen species shall be planted within the required buffer area to provide for a visual and physical screen along the entire frontage. Shrubs within the buffer shall primarily include evergreen species, although deciduous plants may be used provided that their use does not result in significant visual openings during the winter season. This landscape mass shall be interspersed with the required ornamental and evergreen trees to provide for a natural, random and visually interesting plant scheme. The purpose of the buffer plantings is to define the corridor visually as a pedestrian way by providing scale and to lessen the impact of a harsh edge due to development.

Location, placement and spacing of plant material shall conform to Diagrams 1 and 2.

Selection of plants species shall provide for a variety and mixture of landscaping. Varieties shall consider susceptibility to disease, shapes, seasonal display, textures, flowers, and foliage.

The plant quantities constituting the buffer shall include:

Shrubs averaging 25 per 100 linear feet of frontage.

Ornamental trees averaging two per 100 linear feet of frontage.

Evergreen trees averaging two per 100 linear feet of frontage.

(4)

Lawn or groundcover to complete the required ten-foot wide landscape buffer outside of the required shrub/tree planted area.

Required plantings in the buffer area shall meet the minimum size requirements as follows:

Shrubs: planted size is to be a minimum of 24 inches to 36 inches in height.

Ornamental trees: planted size is to be a minimum of five feet to six feet in height.

Evergreen trees: planted size is to be a minimum of five feet to six feet in height.

Grass Berm Details. Grass berms shall be provided in accordance with the following:

Berms shall be limited to the areas indicated in Diagrams 1 and 2.

Berms are to be both vertically and horizontally meandering to achieve a naturalistic landscape by de-emphasizing the linearity of the Route 9 corridor. Requirements for berm design are noted in Diagrams 1 and 2. Berms are not to be continuous for the entire length of the frontage but shall allow for breaks as indicated in Diagram 1. Berms are not to be terminated abruptly at the ends of the lot lines but are to transition to existing grade in a naturalistic fashion.

Berm design shall not adversely affect natural drainage.

Berms at driveway openings should conform to Diagram 3.

Sidewalk Details. A continuous sidewalk shall be provided in accordance with the following:

The location and placement of a sidewalk shall conform to Diagrams 1, 2 and 3 as applicable.

Standard Township construction details for the sidewalk shall be utilized and shall be approved by the Township Engineer.

Driveway Crossing Details. The following elements and standards apply to all driveway crossings. Driveway crossing treatment is necessary to warn both pedestrians and motorists of each other's presence. Certain elements contained herein will provide visual cues to motorists that pedestrian crossing zones are nearby. The arrangement of the design elements is depicted in Diagram 3. Additional elements and standards specific to the driveway crossings are set forth below.

Painted crosswalks shall be provided in accordance with the following:

Location and placement of painted crosswalks shall conform to Diagram 3.

Standard Township construction details for such striping shall be utilized and shall be approved by the Township Engineer. In the event that the Township has not adopted such standards, then generally accepted engineering standards, as set forth in engineering and construction manuals shall be used as approved by the Township Engineer.

Painted crosswalks shall be skid-resistant.

Handicapped ramps shall be provided in accordance with the following:

Location and placement of handicapped ramps shall conform to Diagram 3.

All sidewalks shall taper down to meet grade at the intersection with a driveway. Ramps shall be provided in these areas to allow for full accessibility as per Americans with Disabilities Act (ADA) guidelines. Standard Township construction details for such ramps shall be utilized and approved by the Township Engineer. In the event that the Township has not adopted such standards, then generally accepted engineering standards, as set forth in engineering and construction manuals shall be used as approved by the Township Engineer.

A raised median shall be provided if the driveway opening into the developed property exceeds two lanes and shall conform to the following:

Median shall be placed at the centerline of all new driveways extending from the intersection with the Route 9 right-of-way to the fifty-foot minimum setback line required for parking and/or interior drives into new developments.

Median shall be a four-foot wide brick paver island edged by a six-inch vertical granite block curb.

Brick shall be a four-inch by eight-inch rectangular shape and placed in a herringbone pattern. Brick color shall be a red/charcoal blend. A suitable alternative material, pattern and color may be substituted if approved by the Planning Board and Township Engineer, although some consistency should be maintained throughout the corridor.

(4)

The median shall allow for an opening at the crosswalk locations. Location and placement of crosswalks shall conform to Diagram 3.

Bollards shall be provided wherever the planning board determines that the expected volume of traffic accessing the site necessitates additional pedestrian safety features. The bollards shall be located where a sidewalk engages a driveway in accordance with Diagram 3. Bollards shall conform to the following:

Lighted bollards shall be located and placed to warn both pedestrians and motorists of each other's presence at the crosswalks. Lighted bollards will provide visual cues to motorists.

Lighted bollards shall be a minimum 36 inches in height with a 100-watt metal halide or high-pressure sodium lamp. Bollards should provide a minimum maintained illumination level of 0.5 footcandles in the crosswalk area.

Flower Pocket Details. The installation of flower pockets is optional. If they are installed they shall be provided in accordance with the following:

Location and placement of flower pockets shall conform to Diagrams 1, 2 and 3.

A minimum of 200 square feet of wildflowers and/or perennials constitutes one pocket. One pocket shall be provided per 100 linear feet of frontage with additional pockets provided at driveway crossings.

Wildflowers, if used, are to be hardy and native regional mixtures. Mixture selection shall provide for a blend of species in approximate equal amounts. Mixtures shall include a variety of colors. The selection of mixtures should consider the existing soil conditions. The specific blend is subject to the approval of the Township Engineer or landscape architect. Wildflower pockets shall be mowed once a year. Mowing shall occur in the late fall while the wildflowers are dormant.

Perennials shall be hardy and include either a mix of colors or single stands of one color. Perennials shall be approved by the Township Engineer or landscape architect.

Diagram 1

(Section 30-48m)

Diagram 2

(Section 30-48m)

Diagram 3

(Section 30-48m)

Buffer areas where deemed appropriate by the engineer shall be utilized for stormwater management by disconnecting impervious surfaces, incorporating low-impact design and green stormwater facility concepts such as rain gardens.

[Added 12-21-2020 by Ord. No. 20-46-OAB]

Buffer areas shall include additional landscape standards incorporating native vegetation.

[Added 12-21-2020 by Ord. No. 20-46-OAB]

[Ord. No. 94-29 § 118-14.4A]

All development and lots on tidal lagoons, navigable waterways or other bodies of water, either existing or proposed shall provide for bulkheading. The areas shall be enclosed with pressure-treated timber bulkheads or precast or poured reinforced concrete bulkheads or marine alloy steel conforming to design plans prepared by a licensed professional engineer in the State of New Jersey, and the plan shall be approved in writing by the Township Engineer and the Construction Code Official before such work is begun.

[Ord. No. 94-29 § 118-14.4B; Ord. No. 09-15-OA § 2; reserved by Ord. Nos. 2016-34-OAB, 2017-01-OAB, 2017-16-OAB]

Editor's Note: See Chapter 27 for Bulkhead Construction Standards.

[Ord. No. 94-29 § 118-14.5]

In zoning districts where bulk storage is a permitted use, the following minimum requirements shall apply:

No bulk storage of materials or equipment shall be permitted in any required front yard area or within 100 feet of any public street, whichever is greater.

No bulk storage of materials or equipment shall be permitted between any side or rear lot line and the required side or rear setback line.

All bulk storage areas shall be screened from public view by means of suitable fencing and/or evergreen plantings as required by the Board.

No fence used to screen a bulk storage area shall be placed closer to any property line than the distance constituting the required front, side or rear setbacks, and all setback areas shall be landscaped in accordance with the requirements of this chapter.

All service roads, driveways and bulk storage areas shall be paved with bituminous concrete or other surfacing materials, as required by the Board, which shall be of sufficient strength to handle the anticipated use.

In no instance shall on-site bulk storage of material exceed the height of 10 feet.

No heavy equipment shall be operated or parked closer to the front property line than the required front setback, except as the same may be in transit to or from the site.

No bulk storage shall be stored within 50 feet of a stormwater management basin/facility, as deemed appropriate by the Municipal Engineer.

[Added 12-21-2020 by Ord. No. 20-46-OAB]

[Ord. No. 94-29 § 118-14.6]

All grading, excavation or embankment construction shall be in accordance with the approved construction drawings and shall provide for the disposal of all stormwater runoff and such groundwater seepage as may be encountered. All clearing, excavation and embankment construction shall be in accordance with the applicable requirements and approved construction drawings. No excavated material may be removed from the site except in accordance with an approved construction drawing nor without the prior approval of the Township Engineer. Where borrow excavation materials from off-site sources are required to complete the necessary grading, such material shall meet the requirements of the Standard Specifications for Borrow Excavation, and shall be subject to the approval of the Township Engineer.

Material which the Township Engineer judges unsuitable for use in roadway embankment may be used for grading outside the roadway right-of-way and for grading outside of building areas. Any unsuitable material which cannot be satisfactorily utilized on the site shall be removed from the site and disposed of as required by law.

All construction layout and grading stakes shall be set by a licensed land surveyor or professional engineer employed by the developer or his contractor.

All rough grading within rights-of-way must be completed prior to the construction of roadway subgrade. All sidewalk areas and slope areas must be fully graded prior to the construction of finished pavements or pavement base courses.

To preserve the integrity of pavements, embankments and excavations for streets or roadways shall be provided with slopes no steeper than one foot vertical rise for every three feet of horizontal distance.

Such slopes shall be suitably planted with perennial grasses or other ground cover plantings in accordance with the plans approved by the Board. In areas where excavations or embankments would extend significantly beyond road rights-of-way, thereby causing disruption to the natural environment of the development, the Board may, upon the application of the developer, consider or may, upon its own initiative, direct the use of terraces, retaining walls, crib walls or other means of maintaining roadway slopes. In any event, the entire roadway right-of-way shall be fully graded, and any retaining walls, crib walls or terraces shall be located outside of the roadway right-of-way, and their maintenance shall be the responsibility of the owner of the property on which they are constructed. The developer shall make suitable provisions in the instruments transferring title to any property containing such terraces, retaining walls or crib walls and shall provide a copy thereof to the Board and the Township Clerk. All unpaved graded areas within or outside of the roadway right-of-way shall be neatly graded, topsoiled, fertilized and seeded to establish a stand of perennial grasses.

Top of slopes in excavations and the top of slopes in embankment areas shall not extend into the right-of-way line or, where provided, the exterior lines of the six-foot wide shade tree and utility easement required herein. Sidewalk and easement areas shall slope at 2% to the top of the curb elevation, and sidewalk construction shall conform to this slope.

Lot and Road Grading. Lots shall be graded to secure proper drainage and to prevent the ponding of stormwater. The grading shall be performed in a manner which will minimize the damage to or destruction of trees growing on the land. Topsoil shall be provided and/or redistributed on the surface as cover and shall be stabilized by seeding or planting. Grading plans shall have been submitted with the preliminary and final plats, and any departure from these plans must be approved in accordance with the requirements of this chapter for the modification of improvements. Grading shall be designed to prevent or minimize drainage to structures or improvements when major storms exceeding the design basin of the storm drainage system occur.

The land shall be graded so that the stormwater from each lot shall drain directly to the street. If it is impossible to drain directly to the street, it shall be drained to a system of interior yard drainage designed in accordance with the standards for drainage facilities, and suitable drainage easements shall be provided.

The minimum slope for lawns shall be 2% and, for smooth hard-finished surfaces, other than roadways, 5/10 of 1%.

The maximum grade for lawns within five feet of a building shall be 10% and, for lawns more than five feet from a building, 25%.

Retaining walls installed in slope control areas shall be constructed of heavy treated timber or logs, concrete, other masonry or of other construction acceptable to the Board Engineer and adequately designed and detailed on the final plat to carry all earth pressures, including any surcharges.

Trees which do not interfere with the operations shall not be removed but shall be protected during the progress of the work. Branches of trees overhanging the traveled way shall be cut off to a height of 14 feet above it, and cuts made more than one inch in diameter shall be painted. Tree stumps shall be grubbed out within all areas to be graded.

The Township Engineer or Construction Code Official shall keep a constant check on debris from development and construction of buildings and shall not permit accumulations in any development. In the event that there is any substantial accumulations of such debris in any development, the Township shall forthwith give written notice to the developer to remove the debris from the development. In the event that such debris is not promptly removed, the Township Engineer or Construction Code Official is hereby authorized and directed to refrain from giving certificates of occupancy for buildings in the development and to refrain from issuing building permits until the debris is cleared up and removed from the development.

Wherever the subgrade is established to be coincident with the existing ground surface, the vegetation and underlying topsoil of the existing ground surface within excavation and embankment areas shall be stripped off to a depth of not less than four inches and not more than six inches. Street and roadway excavation shall be carried out so that the subgrade throughout the work is kept properly drained.

Excavated materials shall be placed in embankment when suitable therefor or shall be used for backfill or other purposes. Material in excess of that required shall be disposed of by the developer, contractor or subcontractor as required by law.

Borrow excavation for road construction shall include the furnishing, transporting, placing and consolidating of materials required for embankment in excess of that obtained from other excavation and other incidental work. All borrow excavation shall be suitable for embankment and approved by the Township Engineer.

Where construction occurs adjacent to or in close proximity of any river, stream, lagoon, channel, wetland or other natural or man-made body of water, as determined by the Ocean County Soil Conservation District, the developer/builder contractor shall be required to erect, prior to commencing construction, a temporary snow fence and silt fence for the purpose of preventing construction debris and waterborne or airborne silt from entering the body of water. The snow fence and silt fence shall be erected parallel to the shoreline, bulkhead line or wetlands delineation line without destruction or disruption of water bodies or sensitive areas.

Whenever the plans call for pipes and other types of drainage structures to be located in wet embankment or embankments which will be affected by high water, except when necessary to maintain flow, such pipes shall not be placed in embankment until the embankment has been constructed and consolidated not less than three feet above the top level of the drain or to the finished level of the embankment, and a trench shall then be excavated for the placing of the drains.

Lot grading shall be in compliance with Chapter 11, Building and Housing, Subsection 11-1.5 of the Township Code.

Burying or burning of construction debris or construction materials shall be prohibited.

All builders or owners undertaking construction projects in the Township of Berkeley shall, as a prerequisite to the Construction Official's final inspection of the building in question, supply to the Construction Official verified written documentation that all debris resulting from the construction has been properly disposed of with the location and method of the disposal being made known therein.

Common open space or public open space areas proposed to be provided in conjunction with applications for development for subdivisions or site plans shall be subject to the following requirements:

[Ord. No. 94-29 § 118-14.7A]

Open space areas within cluster or multi-family developments shall be subject to all provisions of this section and the zone requirements and the following specific requirements:

The required percentage of open space of the tract of land proposed for development shall not be included in building lots or streets and shall be set aside for open space. If the project is to be developed in sections, it shall be designed in a manner that at any stage of development the required percentage of land area of the sections approved is set aside for open space.

Each open space area shall contain a minimum of one contiguous acre.

Open space areas shall not be less than 50 feet in width at any location, except that where such open space is to be utilized primarily for walkway access from a public street to the open space at the rear of building lots, it may have a minimum width of 20 feet for a length not to exceed 250 feet.

Where possible, all of the following land areas and features shall be preserved as open space:

Floodway and flood hazard areas.

Areas containing a significant number of specimen trees.

Land and slopes in excess of 10%.

Existing watercourses, ponds, bogs and swamps.

Land with a seasonal high-water table of less than two feet. Berryland and Atsion soils usually have a seasonal high-water table of less than two feet.

Coastal or freshwater wetlands and wetlands transition areas, as defined by the New Jersey Wetlands Act of 1970 and delineated on wetlands maps prepared by the New Jersey Department of Environmental Protection and Energy.

Open space areas shall show significant stormwater quality and quantity stormwater management capabilities as deemed appropriate by the Municipal Engineer. Open space shall include additional landscape standards incorporating native vegetation.

[Added 12-21-2020 by Ord. No. 20-46-OAB]

[Ord. No. 94-29 § 118-14.7B]

Within upland open space areas, the developer shall make certain site preparation improvements which may include but are not limited to the following:

Removal of dead or diseased trees.

Thinning of trees or other growth to encourage more desirable growth.

Removal of trees in areas planned for ponds, lakes, active recreational facilities or pathways.

Grading and seeding.

[Ord. No. 94-29 § 118-14.7C]

If the Master Plan or the Official Map provides for the reservation of designated streets, public drainageways, flood control basins or public areas within the proposed development, before approving a subdivision or site plan the Board may further require that such streets, ways, basins or areas be shown on the plat in locations and sizes suitable to their intended uses. The Board may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one year after the approval of the final plat or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the municipality shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to streets and roads, flood control basins or public drainageways necessitated by the subdivision or land development and required for final approval.

The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation, provided that determination of such fair market value shall include but shall not be limited to consideration of the real property tax apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining subdivision approval or site plan approval, as the case may be, caused by the reservation.

[Ord. No. 94-29 § 118-14.7D]

Portions of proposed open spaces may be designated for passive and/or active recreational activities. Passive recreational activities may include but are not limited to pedestrian paths, bicycle paths, sitting areas and naturally preserved areas. Active recreational activities may include but are not limited to swimming pools, tennis courts and ball fields. The location and shape of any land to be designated for recreational activities shall be approved by the Board based on but not limited to the following standards:

The Board shall consider the natural topography and shall attempt to preserve the same to the greatest extent possible.

The Board shall attempt to tailor the location and shape of recreational areas to harmonize with the shape of the entire development.

The Board shall consider the recreational areas in terms of their effect upon the ordinances of the Township governing tree removal, soil disturbance and other environmental factors.

The Board shall consider the extent to which specific recreational areas shall be used for passive or active recreational purposes.

The Board shall request and consider recommendations from the Township Recreation Department.

The Board shall consider the extent to which the residents of the development shall be served by other existing or future recreational facilities or lands within or in the vicinity of the development.

The Board shall consider the sequence of development.

The Board shall consider the effect which the location and shape of recreational areas in the development will have upon the application of sound planning principles as well as the general welfare, health and safety of the residents of the development.

[Ord. No. 94-29 § 118-14.7E]

The type of ownership of land dedicated for open space purposes shall be selected by the owner, developer or subdivider subject to the approval of the Board and may include but is not necessarily limited to the following:

The Township of Berkeley, subject to acceptance by the Township Council.

Other public jurisdictions or agencies, subject to their acceptance.

Quasi-public organizations, subject to their acceptance.

Homeowners' or condominium associations or analogous organizations.

Shared, undivided interest by all property owners in the development.

Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Board, which ensure that:

The open space area will not be further subdivided in the future.

The use of the open space areas will continue in perpetuity for the purpose specified.

Appropriate provisions are made for the maintenance of the open space areas.

[Ord. No. 94-29 § 118-14.7F]

The Township or other governmental agency may, at any time and from time to time, accept the dedication of land or any interest therein for public use and maintenance, but the Board shall not require, as a condition of approval, that land proposed to be set aside for common open space be dedicated or made available to public use.

The developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of the development, if the open space is not dedicated to the Township or other governmental agency. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Township.

In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Township may serve written notice upon the organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and the notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof, shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the Township may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof are not cured within the 35 days or any permitted extension thereof, the Township, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. The entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of the year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Township, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain the open space in reasonable condition, the Township shall cease to maintain the open space at the end of the year. If the Township shall determine that such organization is not ready and able to maintain the open space in a reasonable condition, the Township may, in its discretion, continue to maintain the open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien and shall become a lien and tax on the properties and shall be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.

[Ord. No. 94-29 § 118-14.8A]

All concrete used in any subdivision or site improvement shall be prepared in accordance with the requirement of the standard specifications for the various classes of concrete used, except that the twenty-eight-day compressive strength of the concrete used shall not be less than the following:

Type of Concrete	Strength (pounds per square inch)
Class A	4,500
Class B	3,500
Class C	3,000
Class D	2,500

[Ord. No. 94-29 § 118-14.8B]

Unless specific written permission is obtained from the Township Engineer to the contrary, only concrete obtained from dry-batched redi-mixed trucks shall be allowed.

[Ord. No. 94-29 § 118-14.8C]

Concrete curbing shall be constructed along the edge of all paved surfaces. This curb shall have a minimum top width of six inches, a minimum depth of 18 inches, a minimum base width of eight inches shall extend six inches above the paved gutter. Construction of the curb shall be in conformance with the Standard Specifications.

[Ord. No. 94-29 § 118-14.8D]

Curb and/or combination curb and gutter shall be constructed along both sides of every street within a development. Any existing pavements damaged by curb construction shall be repaired to the standards herein and/or as shown on the final plat. Where one side of the development boundary is along an existing street, the curb and/or curb and gutter shall be constructed only on the development side. Curbs and/or combination curbs and gutters shall be constructed of Class B concrete, air-entrained, in accordance with the requirements of the Standard Specifications. Preformed bituminous cellular-type joint filler, 1/2 inch thick, cut to match the cross section of the curb, shall be used at all expansion joints at intervals not greater than 20 feet. Intermediate plate joints shall be provided at intervals not exceeding 10 feet. At places where a concrete curb abuts portland cement concrete pavement, joints in the curb shall be placed to match the paving joints, and intermediate joints shall be placed so as to create equal curb panels not longer than 20 feet. When concrete curb and gutter is required, the gutter shall be eight inches thick and shall be constructed of Class B air-entrained concrete. Joints in the gutter shall be formed simultaneously with joints in the curb. The requirements of the Standard Specifications regarding curing precautions must be strictly observed.

[Ord. No. 94-29 § 118-14.8E]

Use of combination curb and gutter will be allowed in all areas with the following exceptions:

Both sides of a street for the entire block length shall be constructed with one type of curb; that is, where only a portion of a block is required to have combination curb and gutter, the entire block shall be constructed using the combination curb and gutter.

Where 50% or more of the curb length of any street would be required to have combination curb and gutter, the entire street shall be constructed with combination curb and gutter.

Where 50% or more of any subdivision is required to have a combination curb and gutter, the entire subdivision shall be constructed with combination curb and gutter.

[Ord. No. 94-29 § 118-14.8F]

In areas with bituminous concrete pavement, required curb and/or curb and gutter shall be constructed prior to the construction of the bituminous base courses. Any required repairs to curbs and/or combination curb and gutter which are not suitable for acceptance shall be made prior to construction of the final pavement wearing course.

[Ord. No. 94-29 § 118-14.8G]

In certain instances it may be necessary or desirable to construct alternate curb types. For example, these may be required by the Board on the perimeter of channelizing islands or in the areas of unusually heavy gutter drainage flow, or may be desired by the developer for decorative purposes or to preserve vegetation (e.g., granite block curb, rolled concrete curb, etc.). If alternate curb types are to be permitted, an appropriate construction detail shall be submitted for approval by the Board as a design exception with the preliminary and final plats. Continuous slip-formed curb or combination curb and gutter may be permitted if such is considered to be acceptable by the Township Engineer. The use of continuous slip-formed curb or combination curb and gutter may only be permitted if the applicant submits for review and approval details and specifications concerning equipment, materials and methods proposed for use and if the Township Engineer has inspected the installation and tested and approved a suitable sample section of curb or combination curb and gutter. In the event that the Township Engineer does not approve the sample section of curb or combination curb and gutter, the developer shall remove the sample section and replace it with a type of curb or curb and gutter permitted by this chapter or such other alternate as may be approved by the Board.

[Ord. No. 94-29 § 118-14.8H]

Forms for concrete curbs shall be metal and shall be constructed to conform to the lines and grades established by the Engineer and to the exact dimensions of the structure. They shall be substantially constructed, strong, rigid and mortar-tight and properly braced and tied. Forms shall be designed so that they can be removed without causing damage to the concrete. Forms must be cleaned and oiled before use. Forms for curved alignment may be dressed lumber or plywood of sufficient strength, properly braced, cleaned, oiled, to exact dimensions of the curb, true to line and grade, without bulges and warps. Unsatisfactory form work shall be removed and replaced.

Straight forms shall not be used on curbs where the Engineer or his representative determines upon the need for the use of acceptable flexible metal or wooden forms. Curves of less than 250 feet radius will require flexible forms.

[Ord. No. 94-29 § 118-14.81]

The concrete shall be tamped and spaded or vibrated so that the forms are completely filled, the concrete thoroughly compacted and the mortar flushed to the face and top. Before initial set, the top and, as soon as the front forms can be removed, the face, shall be finished with a wood float to an even, smooth and dense surface. Expansion joints shall be provided at intervals of 20 feet and shall be filled with a 1/2 inch cellular compression material to within 1/4 inch of the top and face. Where the curb is adjacent to other concrete, 1/4 inch premolded expansion joints shall be provided. Concrete curbs shall not be constructed when the atmospheric temperature is liable to be below 32° F. in the ensuing 24 hours. If, and where, after form removal, air holes or very slight imperfections appear in the top and face of the curb, they may be evened up by wetting the face of the curb with clean water brushed on and rubbed with a wooden float. Patching extensive honeycombed faces is not permitted, and such curbing shall be removed and replaced. Slight honeycombing in the rear of curbs may be patched with one to two mortar mix if done before the concrete has taken its final set. Serious honeycombing must be avoided in order to offset such curb removal and replacement.

The top one-corner edge of all curbs adjoining streets shall be rounded with a one inch radius tool prior to initial set.

[Ord. No. 94-29 § 118-14.8J]

All curbing placed shall be cured in accordance with standard practice, that is, kept moist by covering with wet burlap bags or straw and kept soaked with water for a period of seven days. In cold weather, the curing shall be done with a straw covering, as directed by the Township Engineer.

[Added 12-21-2020 by Ord. No. 20-46-OAB]

Curb cuts or flush curbs with curb stops shall be constructed to disconnect impervious areas by allowing for the discharge of impervious areas to landscaped vegetative swales for stormwater management, as deemed appropriate by the Municipal Engineer.

[Ord. No. 94-29 § 118-14.9]

In all developments, the property owner or developer seeking approval shall be obligated and required to delineate any driveways created by such subdivision or site plan which are required to fulfill off-street parking requirements. The driveways shall be properly drained, uniformly graded and well-compacted, where applicable, and shall be constructed of bituminous concrete or portland cement concrete. The Township will inspect the location and suitability of the material used prior to the issuance of a certificate of occupancy. The Township will not assume any responsibility for the installation or quality of workmanship. In addition, all residential driveways shall be six-inch thick portland cement concrete with a twenty-eight-day compressive strength of at least 3,500 pounds per square inch from the depressed curb to the rear of the sidewalk. A 10/10 six-inch by six-inch welded wire fabric temperature reinforcement shall be provided. The construction beyond the right-of-way shall either be a continuation of this apron construction or a two inch FABC surface constructed on a six-inch thick dense graded aggregate base course.

Driveways shall be required as access to any garage or other off-street parking spaces.

Driveways shall be constructed of permeable materials to minimize stormwater runoff and promote groundwater recharge in accordance with Section 9.7, Pervious Paving Systems, of the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented, as deemed appropriate by the Municipal Engineer.

[Added 12-21-2020 by Ord. No. 20-46-OAB]

[Ord. No. 94-29 § 118-14.10A]

If the property on which a proposed development is to be located is or is proposed to be traversed by a drainage facility of any kind, including a pipe, channel, stream or swale, the Board may require that a stormwater and drainage easement or right-of-way along the facility be provided by the developer. If existing land drainage structures, such as french drains, are encountered during the course of construction of any development, such drainage structures shall either be removed entirely or a revised final plat showing the location of such drainage structures and accompanied with detailed cross sections thereof shall be filed with the Board Engineer for consideration by the Board. The Board, after consulting its Engineer and other appropriate agencies, shall either require a drainage easement, require that the structure be removed in part or in its entirety or recommend such other action to the Governing Body as it deems appropriate.

All easements shall be shown on the final plat with a notation as to the purpose and restrictions of the easement. Easement lines on the final plat shall be shown with accurate dimensions and bearings unless the easement lines are parallel or concentric with lot lines.

The land which is the subject of an easement or right-of-way shall, in the case of storm drains or constructed channels, be of a suitable width meeting the requirements for design of drainage facilities or be a strip which conforms substantially to the flood plain of any watercourses along both sides of the watercourse. The easement and right-of-way shall include provisions assuring the following:

Preservation of the channel of the watercourse.

Except in the course of an authorized drainage improvement, prohibition of alteration of the contour, topography or composition of the land within the easement and right-of-way.

Prohibition of construction within the boundaries of the easement and right-of-way which will obstruct or interfere with the natural flow of the watercourse.

Reservation of a public right-of-entry for the purpose of maintaining the storm drain, drainage channel or the natural flow of drainage through the watercourse, of maintaining any and all structures related to the exercise of the easement and right-of-way and of installing and maintaining a storm or sanitary sewer system or other public utility.

The minimum width of easement for installation of a storm sewer up to 48 inches diameter shall be 20 feet. For pipe sizes over 48 inches diameter the minimum width of easement shall be the pipe diameter plus 20 feet rounded to the next highest five-foot increment.

For open channels. The minimum width of easement for channel sections shall be the maximum design top width of the channel section segment plus 20 feet rounded to the next highest five-foot increment.

[Ord. No. 94-29 § 118-14.10B]

Conservation easements may be required along all drainage and stormwater rights-of-way in the development and may be required also along ponds, marshes, bogs and streams or other watercourses along which drainage rights-of-way are not required. Such easements are intended to help prevent the siltation of streams and other courses and the erosion of stream banks, other watercourses and adjacent lands. The land subjected to a conservation easement shall be a strip at least 25 feet independently located or running adjacent to each side of any required drainage or stormwater right-of-way. Such conservation easement shall contain provisions to restrict the removal of trees and ground cover except for the following purposes: removal of dead or diseased trees; thinning of trees and other growth to encourage the more desirable growth; removal of trees to allow for structures designed to impound water; and removal of trees in areas to be flooded for the creation of ponds or lakes. The easements shall also prohibit filling or grading of the lands or the disposal of refuse or waste material of any type within the limits of the easement.

The easement shall be indicated on the plat and shall be marked on the land by iron stakes wherever the lines of such easement change direction or intersect lot lines.

Replanting within easement areas shall incorporate native vegetation as deemed appropriate by the Municipal Engineer.

[Added 12-21-2020 by Ord. No. 20-46-OAB]

[Ord. No. 94-29 § 118-14.10C]

In addition to right-of-way widths required for the full design of all streets and the wider intersections as specified, sight triangle easements may be required on all corners at all street intersections. Such easements shall include provisions to restrict the planting of trees or other plantings or the location of structures exceeding 30 inches in height that would obstruct the clear sight across the area of the easements and a reservation to the public of a right-of-entry for the purpose of removing any object, natural or otherwise, that obstructs the clear sight. Such easements shall include the area on each street corner that is bounded by points which are the following distances from the intersection of the curblines, or of their prolongations:

Where a local, local collector or minor collector street intersects another local, local collector or minor collector: 90 feet on each right-of-way measured along the centerline of the curb lanes of each approach.

Where a local, local collector or minor collector street intersects a major collector street: 90 feet on the local, local collector or minor collector and 150 feet on the major collector.

Where a local, local collector, minor collector or major collector street intersects a minor arterial or principal arterial highway: 90 feet on the local street, local collector or minor collector, 150 feet on the major collector and 250 feet on the minor arterial or principal arterial highway.

Where a minor arterial or principal arterial highway intersects a minor arterial or principal arterial highway: 250 feet on each right-of-way.

Where intersections occur on highways or roadways under the jurisdiction of the State of New Jersey or County of Ocean, the sight triangle easements required by the State or the County of Ocean may be substituted in lieu of the requirements above.

An applicant may propose, as an alternative to Subsection 35-55.3a through e, a reduction in the sight distance along the minor leg of an intersection to 15 feet from the face of the curb of the major leg if a traffic control plan is submitted and approved by the Traffic Safety Officer.

[Ord. No. 94-29 § 118-14.10D]

There shall be provided, where possible, practical and deemed necessary by the Board, a shade tree and utility easement with a minimum width of six feet in the following locations:

Adjacent and parallel to both sides of each new street in a subdivision.

Adjacent and parallel to existing streets bordering the proposed development.

At such other locations and/or at greater widths as may be required by the Board.

Such shade tree and utility easements will be utilized for the construction and maintenance of drainage, utilities, landscaping and shade trees and for such other municipal or public utility purposes as required. Such easements shall be considered part of the lots they traverse for the purpose of determining lot depths, setbacks, frontages and areas.

In cases where a proposed development provides for the extension of an existing street or abuts an existing street, where shade trees and utilities have already been installed in a location other than as specified above, the Board may approve alternate shade tree and utility easement locations in order to provide for the continuation of existing construction.

[Ord. No. 94-29 § 118-14.11A; § 118-14.11B; § 118-14.11C; § 118-14.11D; § 118-14.12; § 118-14.13; amended 9-21-2020 by Ord. No. 20-29-OAB

The impact on the environment associated with development projects necessitates a comprehensive analysis of the variety of problems that may result and the measures that can be taken to minimize the adverse impacts. It is recognized that the level of detail required for the variety of development applications will vary depending on the size of the project, the site conditions, the location of the project and the information already in the possession of the Township. Some flexibility is needed in preparing the environmental impact statement (EIS). The EIS requirements pertaining to different types of development application are listed below:

All agricultural operations conducted in accordance with a plan approved by the Soil Conservation District and all silviculture operations conducted in accordance with a plan prepared by a professional forester are specifically exempt from the environmental impact statement requirements.

Any variance applications to the Zoning Board of Adjustment not involving a site plan or subdivision application shall not require an environmental impact statement unless specifically requested by the Board. The Zoning Board of Adjustment shall inform the applicant regarding any information that may be required.

All subdivision applications and/or site plan applications shall be accompanied by an environmental impact statement which shall be submitted as a prerequisite to a complete application.

Amended subdivision or site plan applications shall be accompanied by a supplemental environmental impact statement which assesses the environmental impacts associated with any modifications to the original plan.

Any development application or amended development application located in the Coastal Zone and for which an environmental impact statement has been prepared and submitted to the NJDEPE as part of a CAFRA application shall not be bound by the provisions of this section, provided that a copy of the environmental impact statement submitted as part of the CAFRA application also accompanies any development application to the Township Planning Board or Board of Adjustment.

(Reserved)

Assessment of stormwater impacts, both quantity and quality, shall be provided within the environmental impact statement and proposed mitigation strategies as deemed appropriate by the Municipal Engineer.

[Added 12-21-2020 by Ord. No. 20-46-OAB]

All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.

Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:

Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated; and

Revegetate or landscape areas temporarily cleared or disturbed during development activities using native, noninvasive plant species appropriate for the soil types identified on-site, as identified in the County Soil Survey. Forested areas shall be replanted consistent with N.J.A.C. 7:38-3.9(h)1-10, and any subsequent amendment thereto, to the maximum extent possible.

All applications for subdivision or site plan shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection d below.

In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection c above shall incorporate the following elements:

The limits of clearing shall be identified;

Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design where practical;

Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure; and

Native, noninvasive plant shrubs and trees species appropriate for the soil types identified on-site, as identified in the County Soil Survey, shall be used for revegetation or landscaping purposes. Forested areas shall be replanted consistent with N.J.A.C. 7:38-3.9(h)1-10, and any subsequent amendment thereto, to the maximum extent possible. Other shrubs and trees may be used in the following circumstances:

For limited ornamental purposes around buildings and other structures; or

When limited use of other shrubs or tree species is required for proper screening or buffering.

Development Prohibited in the Vicinity of Threatened or Endangered Plants. No development shall be carried out by any person unless it is designed to avoid irreversible adverse impacts that jeopardize the survival of any local populations of threatened or endangered plants pursuant to the Endangered Plant Species List Act, N.J.S.A. 13:1 B-15.151 et seq., and any species or subspecies of plant designated as listed, proposed, or under review by the federal government pursuant to the Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq.

Required projects shall demonstrate compliance with this section by conducting an environmental assessment in accordance with § 35-56.4.

If the project site contains threatened or endangered plants, then a habitat evaluation shall be performed in accordance with N.J.A.C. 7:7E-3C.2 and shall include a plan for habitat preservation and protection.

No development shall be allowed unless it is designed to avoid irreversible adverse impacts to habitat that is critical to the survival of local populations of threatened or endangered animals pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-I 3 et seq., and any species or subspecies of wildlife appearing on any federal endangered species list designated as listed, proposed, or under review by the federal government pursuant to the Endangered Species Act of 1973, 16 U.S.C. §§ 1531 et seq.

Protection of Wildlife Habitat. All development shall be carried out in a manner which avoids disturbance to distinct fish and wildlife habitats that are essential to the continued nesting, resting, breeding and feeding of significant populations of fish and wildlife in the Township of Berkeley.

Required projects shall demonstrate compliance with this section by conducting an environmental assessment in accordance with § 35-56.4.

If the project site contains threatened or endangered animals and/or habitat for threatened or endangered animals, then a habitat evaluation shall be performed in accordance with N.J.A.C. 7:7E-3C.3 and shall include a plan for habitat preservation and protection.

When an environmental impact statement is required, the applicant shall retain one or more competent professionals to perform the necessary work. The qualifications and background of the professionals shall be provided, and the method of investigation shall be described. All applicable material on file in the Township pertinent to evaluation of regional impacts shall also be considered, including the Township Master Plan and the Natural Resources Inventory, the New Jersey Department of Environmental Protection (NJDEP) data and other information as available. Furthermore, as much original resource as necessary shall be conducted to develop the environmental impact statement. The inventory required by this section shall be accompanied by a log indicating the dates, times, weather conditions and specific site locations of all on-site inspections. All environmental impact statements shall consist of written and graphic materials which clearly present the required information utilizing the following format:

Project Description. Indicate the purpose and scope of the proposed project. Enumerate the benefits to the public which will result from the proposed project and describe the suitability of the site for the intended use. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed and the uses intended. The resident population, working population and visitor population shall be estimated. The compatibility or incompatibility of the proposed project shall be described in relation to the following:

Township Master Plan, land use and zoning.

Berkeley Township Natural Resource Inventory.

Master Plan of adjacent municipalities for projects within 200 feet of an adjacent municipality.

Ocean County Master Plan.

Regional and state planning guides for development of property over 150 acres or 500 dwelling units.

Other pertinent planning documents.

Site Description and Inventory. Provide an inventory of environmental conditions on the site which shall include the following items:

Geology. Describe the geologic formations, confining layers, etc., including surficial deposits.

Soils. The site location should be outlined on a copy of the Ocean County Soil Survey. A minimum of one soil boring per three acres shall be performed to a depth of six feet in the area of any disturbance. The location of the soil borings shall be included on a plan of the site. Soil profile characteristics shall be described using the standards set forth in N.J.A.C. 7:9A-5.2(g) and 7:9A-5.3, and any subsequent amendment thereto.

Surface water. Identify and describe all surface water features on the subject site, including downstream receiving water bodies. The applicant should incorporate best management practices and best available technology to minimize impacts associated with stormwater runoff into surface water bodies. In addition, the applicant shall comply with federal, state or county surface water requirements and submit any test results as part of the environmental impact statement.

Subsurface water. Describe subsurface water conditions on the site in terms of aquifers present, depth to ground water and water supply capabilities. If the area for development is proposed water supply wells, the name of the aquifer to be utilized must be provided. In addition, provide information on existing wells within 500 feet of the site, from existing sources such as the State of New Jersey Department of Environmental Protection and/or the Ocean County Health Department relative to depth, capacity, water quality and recharge capabilities. The Board Engineer and/or the Township Environmental Commission reserves the right to request additional site-specific information when warranted.

Topography and existing development features. Provide topographic contours and any existing features that are not considered to be part of the natural environment on the site and a minimum of 100 feet surrounding the site.

Wetlands and State open waters. Freshwater wetlands, transition areas and state open waters shall be delineated and certified pursuant to the Freshwater Wetlands Protection Act Rules (N.J.A.C. 7:7A) outside of the state Pinelands area, and pursuant to the Pinelands Protection Act rules within the state Pinelands area. The delineation report and plan shall be submitted as part of the EIS.

Floodplains. The floodplain shall be identified and included on the site plan. Construction within the 100-year floodplain must be approved by the New Jersey Department of Environmental Protection, Bureau of Floodplain Management.

Vegetation. Describe the existing vegetation on the site. A map shall be prepared showing the location of major vegetative groupings such as woodlands, open fields and wetlands. Where woodlands are delineated, the forest types shall be indicated. The dominant vegetation on the site shall be listed by genus and species.

Wildlife. Prepare an inventory of all wildlife species which may utilize the subject site, including terrestrial and aquatic vertebrates and avian species. This inventory shall identify all such species which were encountered through on-site investigations. All habitat on-site which is unique to Berkeley Township or the Ocean County region shall be identified. All habitat which is critical in the maintenance of wildlife shall also be identified. These areas may include, but are not limited to, stream corridors, Atlantic White Cedar swamps, extensive ecotones or cranberry bogs.

Endangered or threatened species. Identify any endangered or threatened species (plant or animal) protected by the state or federal government which may utilize any portion of the site. The New Jersey Natural Heritage Program and/or the New Jersey Division of Fish, Game and Wildlife shall be contacted regarding all endangered or threatened species sightings within three miles of the project location for animals or 1.5 miles of the project location for plants. A description of the type of habitat utilized by any species identified within the limits described above shall be provided, as well as the identification of such habitat which is found on-site.

Air quality. Provide the most recent quantitative air quality data from the nearest state sampling station.

Noise. Describe the existing noise conditions at the site, including sources.

13.

Cultural, historical and archaeological resources. Identify, describe and map any existing cultural, historical or archaeological resources. The Berkeley Township Historical Society and the Office of New Jersey Heritage shall be contacted for the most recent resource records.

14.

Land use. Describe existing land uses and zoning on and within 500 feet of the site.

Impact. Provide an assessment of both the adverse and positive impacts during and after construction. The specific concerns that shall be considered include the following and shall be accompanied by specific quantitative measurements where possible and necessary:

Soil erosion and sedimentation resulting from surface runoff.

Flooding and floodplain disruption.

Degradation of surface water quality.

Groundwater pollution.

Reduction of groundwater capabilities.

Sewage disposal.

Solid waste disposal.

Vegetation destruction and disruption of vegetative communities.

Disruption of wildlife habitats, particularly those of endangered and protected species.

Destruction or degradation of scenic and historic features.

Air quality degradation.

Noise levels.

Energy utilization.

Wetland impacts.

Environmental Performance Controls. A description of steps to be taken to minimize adverse environmental impacts during construction and operation, both at the project site and in the surrounding region. Such description shall be accompanied by necessary maps, schedules and other explanatory data that may be needed to clarify and explain the action to be taken.

Commitment of Resources. A statement concerning any irreversible and irretrievable commitment of resources which would be involved in the proposed project and a statement concerning steps which could be taken which might avoid some or all of the adverse environmental effects including the no-action alternate.

Unavoidable Impacts. A listing and evaluation of adverse environmental impacts which cannot be avoided, with particular emphasis upon air or water pollution, increase in noise, damage to natural resources, displacement of people and businesses, displacement of existing farms, increase in sedimentation and siltation. Describe all increases in municipal services and consequences to municipal tax structures. Off-site impact shall also be set forth and evaluated.

Other Required Approvals. As a direct result of the investigations made under the environmental impact statement, an inclusive listing shall be provided stipulating the licenses, permits and approvals required by federal, state, county or municipal law. The status or copies of these permits and approvals shall also be included.

The environmental impact statement, including appropriate references, shall be submitted to the Board having jurisdiction with respect to the development application and the Environmental Commission for its review and recommendation. Five copies of the environmental impact statement shall be submitted with the development application prior to the determination of a complete application.

Notwithstanding the foregoing, the appropriate board may, at the request of an applicant, waive the requirement for an environmental impact statement if the Environmental Commission and the appropriate board find that sufficient evidence is submitted to support a conclusion that the proposed development will have a negligible environmental impact. Portions of such requirement may likewise be waived upon a finding that the complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project.

A certificate of occupancy shall not be issued for any residential structure located in an area serviced by a public or private water company unless the distance from the midpoint of the frontage of such premises to a functioning fire hydrant, which has been tested and approved by the Township Fire Official, as measured down to the center line of connecting public streets, is 300 feet or less.

Final plats shall not be approved by the Board unless fire hydrants are indicated on the final plat in accordance with the requirement herein contained as to location of a distance between fire hydrants. Prior to the issuance of a certificate of occupancy, such hydrant shall be full functioning and shall have been tested and approved by the Township Fire Official or appropriate public or private utility.

Fire hydrants shall not be placed at the closed end of a turnaround of a cul-de-sac unless the distance between the open end and the closed end is greater than 400 feet, in which event, the fire hydrants shall be placed at both the open end and the closed end of the cul-de-sac. However, blowoffs shall be required at the closed end.

The installation of fire hydrants with respect to any subdivision shall not be considered a subdivision improvement to be included in the bonding requirements of this chapter, but rather the proper installation of fire hydrants shall be a condition of the issuance of certificates of occupancy.

Flow Capacity Classification.

All fire hydrants shall be classified as follows:

Class A: flow capacity greater than 1,000 gallons per minute.

Class B: flow capacity of 500 gallons per minute.

Class C: flow capacity of less than 500 gallons per minute.

The flow capacities are to be rated by a flow measurement test at a period of ordinary demand, the rating to be based on 20 pounds per square inch of residual pressure. Flow tests shall be conducted at all points of connection.

At all fire stations, a fire hydrant and suction line shall be installed in accordance with plans and specifications prepared by and filed in the office of the Township Engineer.

Fire hydrant and suction line construction.

At fire stations designed on plans, a fire hydrant and suction line shall be constructed in strict accordance with approved plans.

The hydrant shall be of the same type and design as currently in use by Berkeley Township and shall be approved by the Township Fire Official.

From the hydrant, eight-inch PVC or ductile iron water pipe, with necessary reducer, elbow or strainer, shall extend to the lagoon. As per plan, the ten-foot wide easement shall be paved six inches deep with dense graded aggregate.

Final acceptance of fire hydrant and suction lines' installations shall be subject to field test by the Township Fire Official.

[Ord. No. 94-29 § 118-14.13]

Guiderails, pipe railing or other appropriate barricades, as required by the Board, shall be designed and placed at drainage structures, streams, embankment limits, curves and other required locations. Guiderails shall be standard steel-beam type with galvanized steel posts in accordance with the Standard Construction Details. Alternate designs of guiderails and barricades may be used and shall be submitted for approval as part of the final plat submission.

Guiderails and/or railings shall be placed at all drainage structures where the interests of pedestrian or vehicular safety would dictate. The Board may require that any open channel other than naturally occurring streams be fenced with forty-eight-inch high chain link fencing if the banks of the channel are steeper than one foot vertical for every four feet horizontal and either the total depth of the channel exceeds four feet or the channel would be expected to have a depth of flow greater than two feet more often than once every 10 years. For maintenance purposes, gates may be required by the Board at intervals specified by the Board.

[Ord. No. 94-29 § 118-14.14]

Lagoons shall be bulkheaded along the water's edge. Bulkheads shall be constructed at all points along lagoons which abut land dedicated to public use. This shall apply to streets, rights-of-way, drainage easements, fire stations, common open space areas for active recreation and similar areas, except where prohibited by NJDEPE regulations.

[Ord. No. 94-29 § 118-14.15; Ord. No. 06-20-OAB § 4]

Lot dimensions and area shall not be less than the requirements of the respective zone district.

Each lot must front upon an approved street at least 50 feet in width.

Where extra width is required and dedicated for the future road widening of existing streets, lot area calculations shall begin at said extra-width line and all required setbacks shall be measured from said line. All residential and nonresidential development along the Route 9 Corridor and all proposed site improvements as defined herein shall be located outside of the NJDOT Desirable Typical Section.

When either on-site sewage disposal or water supply, or both, are proposed, the minimum lot size may have to be increased. The Board of Health may require a larger lot size if it deems that such increased lot size is necessary to accommodate on-site wells and septics.

The Planning Board may require larger lots where additional area will partially or completely eliminate the necessity of changes in grade which in the opinion of the Board would cause unreasonable destruction of the topography or environment or would create drainage or erosion problems.

The Planning Board may require larger lots adjacent to major collector, minor arterial or principal arterial streets where, in the opinion of the Board, the larger lots would promote the health, safety and general welfare of the public and the residents of the development.

Lot and Block Numbers.

In accordance with the Tax Map specifications of the State of New Jersey dated May 1975, prepared by the State of New Jersey Department of the Treasury, as amended, subdivided lots and blocks shall generally bear the original numbers with a number added as a subscript.

Prior to final plat approval by the Board, two copies of the map shall be submitted to the Township Assessor for proper assignment of lot and block numbers. One copy of the map shall be returned with the new lot and block numbers shown. The other copy will be retained for Tax Map purposes.

House Numbers.

House numbers shall be assigned each lot by the Township Engineer prior to final plat approval by the Board.

The subdivider, upon completion of curbs and streets, shall place the street number of each lot in the subdivision on the curb or other conspicuous place.

Area and Side Lot Lines. Except as otherwise provided in this chapter, lot dimensions and area shall not be less than the requirements of the zoning district. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.

Unsuitable Lots. All lots shall be suitable for the purpose for which they are intended to be used. To prevent the use of lots which are not suitable because of adverse topography, rock formation, flood conditions or similar circumstances, the Board may require such revisions in a layout of the subdivision as will accomplish one of the following:

That the area of the unsuitable lot is included in other lots by increasing the size of the remaining lots.

That it is included in an area to be deeded to the Township or other public or quasi-public body and will be held in its natural state for conservation and/or recreation purposes.

That some other suitable arrangement is made.

[Ord. No. 94-29 § 118-14.16]

Monuments shall be of a size and shape required by Section 4, Chapter 358 of the Laws of 1953, and shall be set by a New Jersey professional land surveyor in accordance with the Statute.

[Ord. No. 94-29 § 118-14.17]

Buildings occupied by the uses hereafter enumerated shall provide off-street loading spaces as established by this section:

Required Number of Off-Street Loading Spaces.

School: one loading space.

Hospital with a gross floor area under 10,000 square feet: one loading space; from 10,000 to 30,000 square feet of gross floor area: two loading spaces.

Funeral home: one loading space.

Office, hotel, retail service, wholesale, warehouse, manufacturing or processing or repairing uses with a gross floor area under 10,000 square feet: no loading spaces required; from 10,000 to 25,000 square feet of gross floor area: one loading space; from 25,001 to 40,000 square feet of gross floor area: two loading spaces; from 40,001 to 60,000 square feet of gross floor area: three loading spaces; from 60,001 to 100,000 square feet of gross floor area: four loading spaces.

Size and Location. Each loading space shall be not less than 12 feet in width, 35 feet in length and have a minimum vertical clearance of 14 feet and may occupy all or any part of a required yard.

Off-street loading facilities for separate uses may be provided jointly if the total number of spaces so provided is not less than the sum of the separate requirements for each use, and provided that all regulations governing the location of accessory spaces in relation to the use served are adhered to and that no accessory space or portion thereof shall serve as a required space for more than one use.

Unless otherwise permitted, fire zones designated by the Township Fire Official shall not be used as standing, loading or unloading areas.

Loading areas, as required under this section, shall be provided in addition to off-street parking spaces and shall not be considered as supplying off-street parking spaces.

No off-street loading and unloading area shall be permitted in any required front yard area.

[Ord. No. 94-29 § 118-14.18]

In all zones and in connection with every industrial, commercial, institutional, professional, recreational, residential or any other use, there shall be provided off-street parking spaces in accordance with the following requirements and parking lot standards except as otherwise provided herein.

[Ord. No. 94-29 § 118-14.18A]

Each off-street parking space may be perpendicular with the aisle, parallel with the aisle or at any angle between 60° and 90°. No angle-parking layout shall be permitted with an angle less than 60°. The following are minimum stall and aisle dimensions.

Perpendicular parking and angle parking of 60° to 90°: minimum stall width for standard parking, nine feet; stall depth, 18 feet; minimum aisle width, 24 feet.

Parallel parking: stall width, 23 feet; stall depth, 10 feet; aisle width, 12 feet single lane and 20 feet double lane.

Parking requirements for disabled individuals shall be in compliance with the Americans with Disabilities Act Accessibility Guidelines (ADAAG).

No area shall be used for parking if it is not large enough to provide for at least two contiguous stalls, unless approval otherwise is obtained from the body, agency or official having jurisdiction over the plan.

When the parking area is designed for angle parking and two way traffic, the stalls on both sides shall be so included as to permit a driver approaching from either end of the aisle to have access to the stalls on one side.

In parking lots having a capacity of more than 100 cars, a main access drive shall be provided from points of ingress and egress. No parking shall be permitted on the main access drive.

All parking areas and driveways shall be paved and curbed.

Entrance and exit drives shall have a minimum width of 16 feet for those designed for one-way traffic and 24 feet for those carrying two-way traffic.

All access drive curb radii shall provide a minimum curb radius of 15 feet.

Individual parking stalls shall be delineated by hairpin striping which will be 18 inches to 24 inches in width from outside edge to outside edge of the stripes and shall be centered over the nine-foot dimension line at the edge of a parking stall.

[Ord. No. 94-29 § 118-14.18B]

Where parking is permitted between the front building line and the street line, a safety island or raised median separating the public street from the parking area shall be provided in accordance with the following minimum requirements:

The width of the safety island shall be that width between the proposed street curbline and a point five feet inside the property line. When this width is less than 15 feet, the parking area shall be reduced to provide a minimum width for the safety island of 15 feet. All required tree and shrub plantings shall be planted on the on-site portion of the safety island.

Safety islands shall be raised a minimum of six inches above the adjacent parking area.

Safety islands shall be topsoiled and seeded or otherwise landscaped, except that they may, in the alternative, be constructed of maintenance-free materials which provide a clear and unmistakable distinction between the parking area and the safety island.

Notwithstanding the use of maintenance-free materials, there shall be provided at least one deciduous tree two inches in diameter at breast height every 40 feet or part thereof on all safety islands. A greater distance will be allowed for plantings if necessary for traffic safety. The area between trees shall be planted with a minimum of three evergreen-type shrubs not exceeding 36 inches in height.

When parking areas abut the safety island, a continuous wheel stop shall be provided 2.5 feet from the normal edges of the island and the minimum depth of stalls shall be increased by one foot. If cast-in-place curb is used for the wheel stop, it shall be placed as above stated and the stall depth shall be measured from a point two feet outside the face of the curb.

[Ord. No. 94-29 § 118-14.18C]

Parking lots having 10 or less spaces shall comply with all applicable requirements of Subsections 35-63.1 and 35-63.2 of this section and shall also be bordered by a five-foot unbroken, landscaped dividing strip along all side property lines from the street line to the rear lot line, unless the Planning Board for good cause shall waive such requirements.

[Ord. No. 94-29 § 118-14.18D]

Parking areas having more than 10 spaces but less than 51 spaces shall be designed to fulfill the following minimum requirements:

A safety island or raised median shall be provided as herein described.

A five-foot unbroken, landscaped dividing strip shall be provided along all side property lines from the street line to the rear lot line, unless otherwise specified herein.

Not more than one two-way access driveway or two one-way access driveways shall be provided on any one street unless approval otherwise is obtained from the body, agency or official having jurisdiction over the plan.

All safety islands and landscaped dividing strips shall be planted with at least one deciduous tree having a trunk two inches in diameter at breast height every 40 feet or part thereof, and the area between trees shall be planted with a minimum of three evergreen-type shrubs not exceeding 36 inches in height.

All entrance and exit driveways shall be curbed on both sides from the street curb to a point at the beginning of access driveways or parking stalls.

[Ord. No. 94-29 § 118-14.18E]

Parking lots which have a capacity for parking more than 50 vehicles shall incorporate the following minimum design standards:

All entrance and exit driveways shall be curbed on both sides a minimum distance of 100 feet back from the street curb or to a major collector aisle.

No parking stalls which shall require the use of the entrance and exit driveways as access aisles shall be permitted.

All access driveways located along one-way streets or divided highways shall be separate one-way driveways.

All directional (one-way) driveways shall be marked by appropriate signs facing all peripheral service roads serving the property as well as the parking area.

On lots having a frontage of 100 feet or less, driveways, exits and entrances shall be located as far as practical from an intersection. On lots having a frontage in excess of 100 feet, driveways, exits and entrances shall be located as near the middle line as practical. However, on such lots the entrance or exit driveways need not be located more than 500 feet from the intersection. For the purpose of locating the driveways, measurements shall be taken from the curbline of the intersection.

No driveway shall be located less than 10 feet from the side property line or within 30 feet of an existing drive, whichever is greater.

No property having a frontage of less than 100 feet shall have more than one deciduous tree two inches in diameter at breast height every 40 feet or part thereof on all safety islands. A greater distance will be allowed for plantings if necessary for traffic safety. The area between trees shall be planted with a minimum of three evergreen-type shrubs not exceeding 36 inches in height.

[Ord. No. 94-29 § 118-14.18F]

In the event that parking is proposed on a lot or site having a slope greater than 10%, regardless of size it shall be terraced, utilizing retaining walls or properly reinforced landbanks and providing for adequate safety, stability and drainage. At no time should a landbank that is not reinforced, nor any other earthen material having a greater elevation than the adjacent parking area, having a slope exceeding two to one, be used.

When retaining walls or landbanks or similar types of earthen material are necessitated adjacent to or within the parking area, they shall be kept in good repair or otherwise maintained so as to keep the parking area free of debris and dirt.

[Ord. No. 94-29 § 118-14.19G]

All uses, including existing uses that are changed, expanded or modified as to structure or function, shall be bound by the above requirements. In addition, no unrestricted vehicular access shall be permitted between adjacent properties. Vehicular access, if agreed upon by the owners or possessors of adjacent properties, shall be limited to one opening providing two lanes of traffic and shall be located in such a manner as to offer continuity of a similar access drive on the adjacent property. The opening shall occur at a point having the greatest distance from the street line that would facilitate the joining of properties. Access shall be denied across the remainder of the side line by the construction of a landscaped dividing strip five feet in width on the property being developed. If and when the adjacent property is developed, there shall be a similar dividing strip at least five feet wide. All dividing strips shall be landscaped as provided herein. However, nothing contained in this section shall be construed as requiring an applicant applying for site plan approval of an extension of an existing use to adhere to the minimum standards established by this section for such parking areas as preexisted the enactment of this chapter, so long as the extended parking area is not interconnecting with the existing parking area.

[Ord. No. 94-29 § 118-14.19H]

Those areas adjacent to or within the parking area designated as refuse storage and pickup areas shall be properly screened to prevent the unsightly display and the scattering of debris. The following minimum requirements shall apply:

The area shall be surrounded on at least three sides by a solid uniform fence or wall not less than five feet nor more than eight feet in height and maintained in good condition. The wall of an adjacent building may serve as one side. The fence shall be exempt from the provisions of any ordinance of this municipality regulating the height of fences and requiring permits therefor.

The opening in the screening wall or fence shall be so located as to prevent the visual display of refuse from any adjacent parking area or street.

[Ord. No. 94-29 § 118-14.19I]

All parking areas shall provide paint striping to delineate parking stalls, barrier lines, lane lines, directional arrows, stop lines, fire lanes and other striping as may be required to ensure safe and convenient traffic circulation. Such striping shall be in substantial conformance with the Uniform Manual on Traffic Control Devices.

[Ord. No. 94-29 § 118-14.19J]

All parking areas shall provide traffic control signs and devices necessary to ensure safe and convenient traffic circulation. Such devices shall be in substantial conformance with the Uniform Manual on Traffic Control Devices.

[Ord. No. 94-29 § 118-14.19K]

Any change in use to a use which requires parking and/or storage space for a greater number of vehicles larger than automobiles than the previous use shall be required to make application for site plan approval.

[Ord. No. 94-29 § 118-14.19L]

Automotive Repair, Garage, Body Shop. One parking space for each 400 square feet of gross floor area.

Automobile Sales. One and five-tenths parking spaces for each 1,000 square feet of gross floor area for exclusive use of customers. In addition, there shall be provided at least 170 square feet of lot area for each vehicle stored on the premises to be sold, rented or otherwise used in the operation of the business. The lot area to be used to compute the number of vehicles that can be stored on the premises shall be the total lot area not used for building or customer parking as herein provided.

Automotive Service Station. Five parking spaces for the first service bay and three parking spaces for each additional service bay.

Banks, Savings and Loan Associations and Similar Financial Institutions. One parking space for each 300 square feet of gross floor area.

Bar, Cocktail Lounge, Nightclubs, Restaurants, Cafes and Diners. One parking space for every four seats and one additional parking space for each 400 square feet of gross floor area.

Barber and Beauty Shops. Three parking spaces for each chair.

Bowling Alley. Three and five-tenths parking spaces for each alley. Parking spaces for other commercial uses within the same building shall be computed separately in accordance with this chapter.

Business Offices. One parking space for each 200 square feet of gross floor area.

Car Washes. Five parking spaces for employees plus off-street storage space equal to at least three times the number of cars that can be in the wash process at one time. For self-wash or self-service car washes, the requirement for employee parking shall be eliminated.

Church, Temple or Chapel. One parking space for each four seats in the main auditorium. Where no individual seats are provided, 24 inches of bench shall be considered as one seat.

College or School, Including Academies, Universities, Technical and Art Schools and Similar Institutions of Learning. One parking space for each four seats in the main auditorium plus one parking space for each administrator, teacher and any other employees.

Public or Private Junior High Schools and Elementary Schools. One parking space for each six seats in the main auditorium plus one parking space for each administrator, teacher and any other employees.

Nursery Schools, Day Camps and Similar Uses. One space for every employee, one parking space for each vehicle used to transport students and one additional space for each 500 feet of gross floor area.

Community Center, Library, Museum, Art Gallery. One parking space for each 200 square feet of gross floor area.

Community Club, Private Club, Lodge. One parking space for each 100 square feet of gross floor area plus 1 1/2 spaces for each boat slip where applicable.

Convalescent Home, Nursing Home, Rest Home. One parking space for each three beds plus one parking space for each two employees, including nurses and other staff.

q.

Meeting Rooms, Assembly or Exhibition Halls. Without fixed seats: One parking space for each 50 square feet of gross floor area; with fixed seats: one parking space for every four seats.

r.

Dental or Medical Offices, Behavioral Health Care Facility, or Residential Medical Detoxification Center. One parking space for each employee, one additional parking space for each 250 square feet of gross floor area.

[Amended 12-16-2019 by Ord. No. 19-44-OAB]

s.

Drive-In Restaurant. One parking space for each 35 square feet of enclosed floor area plus one parking space for each four seats.

t.

Driving Range, Miniature Golf. One parking space for each tee or hole.

u.

Furniture, Appliance Stores or Similar Types of Uses Requiring Large Amounts of Storage. One parking space for each 400 square feet of gross floor area up to 4,000, plus one parking space for each 800 square feet of gross floor area above 4,000.

v.

Government, County or Municipal Offices. Four parking spaces for each 1,000 square feet of gross floor area.

w.

Hardware, Auto Supply Stores. One parking space for each 400 square feet of gross floor area in the public areas of the store.

x.

Hospital — General, Private or Public, Mental, Sanitarium. One parking space for each 1 1/2 beds plus one space for each employee on the shift having the greatest number of employees plus one space for each staff and visiting doctor.

y.

Hotel, Motel. One parking space for each rental unit. Parking space for each commercial use within the building shall be computed separately according to the requirements for such use set forth herein. The Board having jurisdiction may allow up to 30% of the required parking for commercial uses in the hotel or motel to be satisfied by guest room parking.

z.

Laundromats or Similar Coin-Operated Cleaning. One parking space fore each three cleaning units or fraction of three cleaning units.

aa.

Manufacturing or Industrial Establishment, Research or Testing Laboratory, Bottling Plant or Similar Uses: One parking space for each 500 square feet of gross floor area or two parking spaces for each three employees, whichever is greater. If the number of employees or the gross square footage of the principal building(s) cannot be determined at the time of application, then sufficient land area shall be reserved to provide a total number of spaces at the rate of one space for each 300 square feet of maximum lot coverage.

bb.

Marina, Boatyard, Boat Sales. One and one-half parking spaces for each boat slip plus one space for each employee.

cc.

Mortuary, Funeral Home. One parking space for every 50 square feet in slumber rooms, parlors and funeral service rooms.

dd.

Personal Service Establishment. One parking space for each 200 square feet of gross floor area plus one space for each vehicle used in connection with the business.

ee.

Professional Office, Such as Architectural, Clerical, Engineering, Legal and Similar Uses. One parking space for each 250 square feet of gross floor area.

ff.

Outdoor Active Recreational Facilities Not Specifically Enumerated. Two parking spaces per acre for the first 20 acres, one parking space per acre for the next 20 acres and one parking space for each 10 acres in excess of 40 acres.

gg.

Public and Private Utilities - Electrical Substation, Gas Regulator, Waterworks, Pumping Station and Similar Facilities. One parking space for each vehicle stored on the premises plus one parking space for each employee on the shift which has the greatest number of employees.

hh.

Retail Stores, Except Otherwise Specified. One parking space for each 150 square feet of gross floor area.

ii.

Studio - Art, Music Dance - For the Purpose of Giving Instruction. One parking space for each 100 square feet of floor area used for giving such instruction.

jj.

Shopping Centers. Four and five-tenths parking spaces for each 1,000 square feet of gross floor area. If more than 5% of the enclosed gross floor area of any shopping center is occupied by malls, lobbies, corridors, heating plants or other space not utilized for direct commercial purposes, the Board may allow the required parking to be based on the "gross leasable area," which, for the purposes of this chapter, shall be defined as the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors. This definition shall not, however, include offices, theaters or similar non-retail occupancy.

kk.

Theater. One parking space for each three seats.

ll.

Veterinary or Animal Hospital. One parking space for each 200 square feet of gross floor area plus one parking space for each staff veterinarian and employee.

mm.

Warehouse, Wholesale, Machinery or Large-Equipment Sales. One parking space for each 1,500 square feet of gross floor area plus one space for each vehicle used in connection with the business.

nn.

The parking space required for a use not specifically mentioned herein shall be the same as required for a use of similar nature as determined by the Board based upon the use enumerated herein which is most similar to the proposed use. If there is no use enumerated herein having sufficient similarity to the proposed use to enable the Board to establish rational parking requirements, the Board may, in its discretion, direct the applicant to furnish the Board with such data as may be necessary to enable the Board to establish rational parking requirements.

oo.

Medical Marijuana Treatment Center or Alternative Treatment Center. One parking space for each 200 feet of gross floor area.

[Added 12-16-2019 by Ord. No. 19-44-OAB]

[Ord. No. 94-29 § 118-14.19M]

In computing the number of above-required parking spaces, the following rules shall govern:

Where fractional spaces result, the required number shall be construed to be the next highest whole number.

Nothing in the above requirements shall be construed to prevent the joint use of off-street parking facilities by two or more uses, provided the total of such spaces shall not be less than the sum of the requirements for various individual uses computed separately by the above requirements.

Nothing contained in Subsection b above shall be deemed to apply to the parking requirements established for shopping centers in Subsection 35-63.12 above unless a use within any particular shopping center shall require parking facilities exceeding 75% of the parking spaces available within the shopping center as a whole.

If any one use within any particular shopping center shall require parking in excess of 75% of the parking spaces available in the shopping center as a whole, the overall number of parking spaces required for the shopping center shall be increased by a number equal to 60% of the number of parking spaces required for the use requiring the highest number of parking spaces within the shopping center.

No part of off-street parking required for a structure or use shall be included as part of an off-street parking requirement for another use unless substantial proof and assurances are established that the use of this parking will not be simultaneous.

All required parking facilities shall be located on the same lot or parcel as the structure or use they shall serve. In the case of nonresidential uses, parking facilities may be provided on other lots or parcels but shall not be greater than 300 feet from the structure or use they shall serve.

Where special traffic problems exist, the Board may require a special survey of conditions at applicant's cost and require the location of entrances and exits in the parking lot to be altered to minimize congestion and hazard.

[Added 11-21-2022 by Ord. No. 22-47-OAB]

Purpose. The purpose of this subsection is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and Make-Ready parking spaces through municipal parking regulations and other standards. EVSE and Make-Ready parking spaces will support the State's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and storm water runoff contaminants. The goals are to:

Provide adequate and convenient EVSE and Make-Ready parking spaces to serve the needs of the traveling public.

Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.

Provide the opportunity for non-residential uses to supply EVSE to their customers and employees.

Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.

Definitions.

CERTIFICATE OF OCCUPANCY

The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant thereto.

CHARGING LEVEL

The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:

Level 1 operates on a 15 to 20 amp breaker on a 120 volt AC circuit.

Level 2 operates on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit.

ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)

Direct-current fast charger (DCFC) operates on a 60 amp or higher breaker on a 480 volt or higher three phase circuit with special grounding equipment. DCFC stations can also be referred to as "rapid charging stations" that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.

ELECTRIC VEHICLE

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.

The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."

MAKE-READY PARKING SPACE

The pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment, including, but not limited to, Level Two EVSE and direct current fast chargers. Make-Ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate Electric Vehicle Supply Equipment or Electric Vehicle Service Equipment on a "plug and play" basis. "Make-Ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et seq.).

PRIVATE EVSE

EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).

PUBLICLY ACCESSIBLE EVSE

EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, non-reserved parking in multi-family parking lots, etc.).

Approvals and Permits.

An application for development submitted solely for the installation of EVSE or Make-Ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.

EVSE and Make-Ready Parking Spaces installed pursuant to paragraph d below in development applications that are subject to site plan approval are considered a permitted accessory use as described in paragraph c1 above.

All EVSE and Make-Ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.

The Zoning Officer shall enforce all signage and installation requirements described in this subsection. Failure to meet the requirements in this subsection shall be subject to the same enforcement and penalty provisions as other violations of Berkeley Township's land use regulations.

An application for development for the installation of EVSE or Make-Ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:

The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;

All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and

The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any State rule or regulation concerning electric vehicle charging stations.

Within the Pinelands Area, the proposed installation complies with the minimum environmental standards of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-6.1 et seq.).

An application pursuant to paragraph c5 above shall be deemed complete if:

The application, including the permit fee and all necessary documentation, is determined to be complete;

A notice of incompleteness is not provided within 20 days after the filing of the application; or

A one-time written correction notice is not issued by the Zoning Officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.

In the Pinelands Area, an application pursuant to paragraph c5 above shall also require the submission of a Certificate of Filing issued by the New Jersey Pinelands Commission, unless the proposed development meets the criteria of Subsection 35-162a7 of the Code of Berkeley Township.

Upon deeming an application complete pursuant to paragraph c6 above, the Zoning Officer shall issue a zoning permit in accordance with Subsection 35-131.2 of the Code of Berkeley Township, and the following:

In the Pinelands Area, said zoning permit shall not take effect and no development shall be carried out until the provisions of Section 35-165 and Section 35-166 have been met, unless the proposed development meets the criteria of Subsection 35-162a7 of the Code of Berkeley Township.

EVSE and Make-Ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.

A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.

Requirements for New Installation of EVSE and Make-Ready Parking Spaces.

As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:

Prepare as Make-Ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least 1/3 of the 15% of Make-Ready parking spaces;

Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of Make-Ready parking spaces; and

Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of Make-Ready parking spaces.

Throughout the installation of EVSE in the Make-Ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.

Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.

As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in paragraph d1 above shall:

Install at least one Make-Ready parking space if there will be 50 or fewer off-street parking spaces.

Install at least two Make-Ready parking spaces if there will be 51 to 75 off-street parking spaces.

Install at least three Make-Ready parking spaces if there will be 76 to 100 off-street parking spaces.

Install at least four Make-Ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.

Install at least 4% of the total parking spaces as Make-Ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.

In lieu of installing Make-Ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.

Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.

(h)

Notwithstanding the provisions of this section, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or Make-Ready parking spaces.

Minimum Parking Requirements.

All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Subsection 35-63.12.

A parking space prepared with EVSE or Make-Ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.

All parking space calculations for EVSE and Make-Ready equipment shall be rounded up to the next full parking space.

Additional installation of EVSE and Make-Ready parking spaces above what is required in paragraph d above may be encouraged, but shall not be required in development projects.

Reasonable Standards for All New EVSE and Make-Ready Parking Spaces.

Location and layout of EVSE and Make-Ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.

Installation:

Installation of EVSE and Make-Ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.

Each EVSE or Make-Ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.

To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and Make-Ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

Each EVSE or Make-Ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

EVSE Parking:

Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.

Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.

Public Parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's Police Department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code. Signage indicating the penalties for violations shall comply with paragraph f5 below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.

Private Parking. The use of EVSE shall be monitored by the property owner or designee.

Safety.

Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to paragraph f5 below.

Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the Township of Berkeley's ordinances and regulations.

Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Non-mountable curbing may be used in lieu of bollards if the EVSE is setback a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three feet to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.

EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in paragraph f4(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.

Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.

Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.

Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the Township of Berkeley shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.

Signs.

Publicly accessible EVSE shall have posted regulatory signs, as identified in this subsection, allowing only charging electric vehicles to park in such spaces. For purposes of this subsection, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs, including parking restrictions, shall be installed immediately adjacent to, and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.

All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.

Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with paragraph f5(b) above.

In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:

Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;

Usage fees and parking fees, if applicable; and

Contact information (telephone number) for reporting when the equipment is not operating or other problems.

Usage Fees.

For publicly accessible municipal EVSE. In addition to any parking fees, the fee to use parking spaces within the municipality identified as EVSE spaces shall be $0 to $5 for each hour that the electric vehicle is connected to the EVSE, as determined by resolution adopted by the governing body.

This fee may be amended by a resolution adopted by the governing body.

Private EVSE. Nothing in this subsection shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable State and Federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.

[Ord. No. 94-29 § 118-14.19A]

In the calculation of area for off-street parking and loading, there shall be excluded that area, having a minimum width of 15 feet, which is to be reserved for access from the road to the loading area, thereby serving as a service access for the premises on which the building is to be erected. Service access may be located in all or any part of any required yard.

[Ord. No. 94-29 § 118-14.19B]

Every parcel of land hereafter used as a public or private parking area for five or more cars or as a loading area, including a commercial parking lot, shall be developed and maintained in accordance with the following requirements:

Screening and Landscaping. Off-street parking areas for five or more vehicles and off-street loading areas shall be screened on the side or sides which adjoin residential zones.

Minimum Distances and Setbacks. No off-street loading area or parking area for five or more vehicles, or part thereof, shall be closer than 10 feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot nor two feet from any lot line.

Surfacing. Any off-street parking area for five or more vehicles or off-street loading areas shall be bituminous-surfaced, concrete-paving or equivalent. All areas shall be marked so as to provide for the orderly and safe loading, parking and storage of self-propelled vehicles.

Lighting.

Lighting used to illuminate any off-street parking or loading area shall be arranged so as to reflect the light away from adjoining premises or the adjoining street.

Off-street parking facilities for multi-family structures containing four or more families shall be adequately lighted.

Any off-street parking area and off-street loading area shall be graded and drained so as to dispose of all surface water without detriment to surrounding uses. Natural vegetated swales, where applicable, shall be utilized for drainage of the water quality design storm with overflow for larger storm events directed into storm sewers as deemed appropriate by the Municipal Engineer.

[Amended 12-21-2020 by Ord. No. 20-46-OAB]

Paving and Curbing.

Paving. All paving or other surfaces in off-street parking or loading areas shall have a compacted depth of six inches of NJDOT Soil Aggregate Mix I-5 base course in accordance with the specifications of the New Jersey Department of Transportation and have a 2 1/2 inch bituminous stabilized base course and a 1 1/2 inch FABC surface course.

Curbing. The perimeter of all parking areas and internal islands within all parking areas open to the general public shall have continuous cast-in-place concrete curbing. All curbing shall be constructed of concrete or other approved material and have a minimum top with of six inches and a minimum depth of 18 inches and shall extend six inches above the paved gutter and shall be constructed in the manner established by such ordinances of the Township of Berkeley as may establish standards for such construction.

Curb cuts or flush curbs with curb stops shall be provided to allow for the discharge of impervious areas to landscaped areas for stormwater management as deemed appropriate by the Municipal Engineer.

[Added 12-21-2020 by Ord. No. 20-46-OAB]

Fire zones shall be provided in parking and loading areas as required by the Township Fire Official.

[Ord. No. 94-29 § 118-14.20]

General Improvements. Roadways and all appurtenances, including subgrade, subbase, base courses and pavements, shall be constructed in accordance with the applicable requirements of the New Jersey Department of Transportation's Standard Specifications for Road and Bridge Construction 1989, as amended and supplemented from time to time, herein referred to as "Standard Specifications."

All streets or roads which are designed to become part of the street or road system of the Township of Berkeley shall be coterminous with adjoining links in the system and at the same or greater widths. Dead-end street shall be avoided wherever possible. If their use is unavoidable, turnarounds having a minimum right-of-way radius of 50 feet shall be provided at the street ends. The Board may modify the turnaround requirements in cases where undue hardship would be imposed.

Street Widths; Paving Width.

Street widths. The distance from property line to property line shall be no less than:

Fifty feet in subdivision streets and avenues of secondary importance.

Sixty feet in subdivision streets and avenues of primary importance.

Paved surfaces shall be no less than 30 feet in width.

Road, street and avenue grades shall be no less than 0.5%.

In all rectangular lots and so far as possible in all lots, the lot side lines shall be at right angles to the street on which the lot faces or radiates to curved streets.

No street or road shall be submitted to the Township Council for acceptance into the Township system until:

The street or road is indicated as public right-of-way on an approved and filed plan.

The roadway has been improved by the construction of a paved surface conforming to the following specifications:

Have a paved minimum width of 30 feet; or

Have a paved minimum width of less than 30 feet as shown on the approved and signed final plan.

Type of Pavement. All roadways shall be constructed with either a bituminous concrete flexible-pavement structure or a portland cement concrete rigid-pavement structure. Only one type of pavement shall be utilized throughout any development.

Pavement Structure Design.

The pavement structure design for each particular development utilizing either a flexible- or rigid-pavement type shall be the responsibility of the developer or his engineer. The pavement design shall be based upon traffic loading projections and field sampling and laboratory analysis of the subgrade soils to be encountered in roadway areas in the development and shall follow current design recommendations of the Asphalt Institute, the Portland Cement Concrete Association or such other generally recognized standards as may be acceptable to the Township Engineer.

As minimum requirements, rigid portland cement paving shall be expansion-joint-type paving utilizing joints similar to Type A expansion joints, according to the Standard Construction Details of the New Jersey Department of Transportation, shall be reinforced, constructed with Class B air-entrained concrete and shall have a minimum thickness of six inches for local, local collector, minor collector streets, and parking areas and eight inches for other classifications. Flexible bituminous concrete pavements shall have an equivalent structural depth of at least 10 inches for local, local collector and minor collector streets, or roads with a functional equivalent ADT having a minimum wearing surface of not less than 1 1/2 inches of pavement, Type FABC-1, a minimum bituminous stabilized base course of not less than 2 1/2 inches and a dense graded aggregate base course to provide the remaining depth; and an equivalent structural depth of at least 13 inches for other street classifications, having a minimum wearing surface of not less than two inches of pavement, Type FABC-1, a minimum bituminous stabilized base course of not less than three inches and a dense graded aggregate base to provide the remaining depth. Bituminous stabilized base may be substituted for aggregate base on a one to three ratio (stabilized base to aggregate base), all in accordance with the applicable requirements of the Standard Specifications. Parking areas shall have a minimum stabilized base course of 2 1/2 inches and a minimum wearing surface of not less than 1 1/2 inches of Type FABC-1 pavement.

Subgrades. All subgrade shall be prepared in accordance with the applicable requirements of the Standard Specifications for bituminous concrete and reinforced concrete pavements. Prior to the construction of any subbase, base or pavement course, all soft or unyielding portions of the subgrade which do not attain the required stability will be removed and replaced with the suitable material, and the whole surface of the subgrade shall be compacted. The provision of a uniform roadway subgrade meeting the requirements of the Standard Specifications shall be the full responsibility of the developer. In certain cases, special treatment may be required because of the character or nature of the subsoil. Such special treatment may include lime or cement stabilization, wet excavation or construction of underdrainage fields. Any proposal by the developer to stabilize subgrade shall be subject to the approval of the Township Engineer.

Subbase and/or Aggregate Base Courses. Where granular subbase courses are included in the pavement design section proposed by the developer, they shall be constructed in accordance with the applicable requirements of the Standard Specifications. Bituminous concrete pavements (and stabilized bases) may be constructed on subgrade without subbase or aggregate base courses, provided that the subgrade can be satisfactorily prepared as hereinbefore described. Dense graded aggregate base courses shall comply with the requirements of the Standard Specifications for Soil Aggregate, Mix I-5. Portland cement concrete pavements must be constructed with a minimum of six inches of a granular-type subbase meeting the requirements of the Standard Specifications for Soil Aggregate, Type 4, Class E. Any subbase course or aggregate base course to be utilized with any type of pavement shall have a minimum thickness of four inches.

Bituminous Base Courses.

Bituminous base courses for use with bituminous concrete pavements shall consist of plant-mixed bituminous stabilized base course (stone mix or gravel mix) in accordance with the requirements of the Standard Specifications.

Prior to placement of any bituminous stabilized base course, the finished surface of any underlying subbase or aggregate base shall receive a prime coat in accordance with the requirements of the Standard Specifications.

Bituminous Pavements. Bituminous pavements shall consist of a bituminous concrete surface course, Type FABC-1, Mix I-5, in accordance with the requirements of the Standard Specifications. The bituminous pavement wearing surface should generally not be installed until just prior to the time the streets are prepared for final acceptance. Prior to the installation of a bituminous concrete surface, the bituminous base course shall be inspected by the Township Engineer. Any areas of the base course in need of repair shall be removed and replaced at the direction of the Township Engineer. If the Township Engineer directs, a leveling course of FABC material shall be placed on any uneven or below-grade base courses prior to the placement of finished pavement. No pavement surfaces shall be placed unless permission to do so has been granted by the Township Engineer.

Concrete Pavements. Concrete pavements shall be constructed in accordance with the requirements of the Standard Specifications. Expansion joints shall be New Jersey State Department of Transportation Type A expansion joints. The developer may submit, at the time of the submission of the preliminary plat, an alternate expansion joint detail. The use of such an alternate detail must be recommended by the Township Engineer and approved by the Board. Where existing concrete roadways are being widened as the result of the development of abutting properties, the widened pavement shall be required to be of portland cement concrete. The remaining pavement in the development may, if the subdivider elects, be bituminous concrete. This will be an exception to the requirements that all pavement constructed within a development be of one type.

Alternate Pavement Types. In areas where alternate pavement types are proposed or desired either for decorative purposes, because of physical restrictions or existing conditions, or because of limitations or shortages in certain types of construction materials, a detail of the type and/or location of alternate pavement types proposed shall be submitted for approval with the preliminary and/or final plat. The use of alternate pavement types may only be permitted if the applicant submits for review and approval details and specifications concerning the equipment, materials and methods proposed for use, and if the Township Engineer has inspected the installation of and tested and approved a suitable sample section of such pavement. In the event that the Township Engineer does not approve the sample section of pavement, the developer shall remove the same section and replace it with a type of pavement permitted by this chapter or such other alternate as may be approved by the Board.

All subsurface utilities, including service connections (terminating at least two feet behind sidewalk) to each lot, and all storm drains shall be installed in all roadway areas prior to the construction of final pavement surfaces.

[Ord. No. 94-29 § 118-14.21]

The design, construction or approval of all public systems for extensions of existing system, either publicly or privately owned, shall be under the jurisdiction of the Berkeley Sewerage Authority.

Prior to the approval of any final plat, the full approval of any sewage disposal system must have been obtained from the Berkeley Sewerage Authority and filed with the Board, or the final approval will be conditioned upon full approval of the Berkeley Sewerage Authority.

All development not required to connect to the Berkeley Sewerage Authority sewer system shall be required to furnish proof of acceptance and approval from the Berkeley Township Board of Health of an adequate sanitary sewer system or individual sewage disposal system.

No sanitary sewer plant or collection system shall be installed without first obtaining approval of the New Jersey Department of Environmental Protection and Energy.

In the event that the Berkeley Sewerage Authority determines that the lots in any development cannot be served as the time of application by a public sewage disposal system, septic systems may be installed, provided that:

The requirements of State Statute, including the New Jersey Realty Improvements Act, are met.

They are installed in accordance with the regulations of the Berkeley Township Board of Health.

The minimum lot size shall not be less than that permitted in the respective zoning district. However, the Board of Health may require a larger lot size if it deems such increased lot size is necessary for such purposes. The Board shall abide by the decisions of the Board of Health in this matter.

If any existing land drainage structures, such as french drains, are encountered during the course of construction of any development, no septic system or any part thereof shall be installed on any lot within 400 feet thereof without the prior approval of the Township Board of Health. Such approval shall only be granted if new percolation tests, taken at least two months after such drainage structures are removed, show that satisfactory soil conditions exist and that installation of such septic system in the area affected by the removal of the drainage structures will not be detrimental to the health of the Township residents or cause pollution of any of its waters.

The developer conforms to all conditions set forth in any report of the Sewerage Authority which originally provided that public sewage was not available.

[Ord. No. 94-29 § 118-14.22A]

Sidewalks shall be constructed on both sides of all streets within a development and entirely around the perimeter of all cul-de-sacs. Where the development abuts an existing street, the sidewalk shall be constructed only on that side. Sidewalks shall also be constructed at any other places, such as pedestrian walkways or access points to open space, as shown on or required at the approval of the final plat.

The requirements of the Standard Specifications regarding curing precautions must be strictly observed.

Sidewalks, where feasible, shall be designed and constructed to discharge stormwater to neighboring lawns to disconnect these impervious surfaces as deemed appropriate by the Municipal Engineer.

[Added 12-21-2020 by Ord. No. 20-46-OAB]

[Ord. No. 94-29 § 118-14.22B]

Sidewalks within street rights-of-way shall generally be located three feet from the street, road or highway right-of-way line thereby creating a three-foot wide strip of land between the sidewalk and the property line. Sidewalks shall be constructed a minimum distance of three feet from the face of the curb. Sidewalks not within street rights-of-way shall be located to provide for the most likely routes of pedestrian travel. In cases where the topography dictates or a proposed development provides for the extension of an existing street or abuts an existing street, where sidewalks have already been installed in a location other than as specified above or where such variations in sidewalk locations are needed to preserve trees or natural features, the Board may approve alternate sidewalk locations in order to provide for the preservation of physical features or the continuation of the existing sidewalks.

[Ord. No. 94-29 § 118-14.22C]

Sidewalks shall be four feet wide and four inches thick, except crossing driveways, where the thickness shall be increased to six inches for residential uses and all drives to parking areas of less than 50 spaces and to eight inches for all other uses. Where the Board determines that a sidewalk may be subject to unusually heavy pedestrian traffic it may require that its width be increased to a maximum of eight feet. All sidewalk construction shall be in accordance with the applicable requirements of the Standard Specifications. Concrete shall be Class B, air-entrained. Preformed bituminous cellular joint fillers 1/2 inch thick shall be placed at intervals not exceeding 20 feet. Dummy (formed) joints shall be cut into the concrete sidewalk between the expansion joints at equal intervals not exceeding the width of the sidewalk.

The sidewalk subgrade shall be compacted prior to the placement of any sidewalk. Any unsuitable material encountered in the subgrade shall be removed and replaced with suitable material acceptable to the Engineer. All six inch or eight-inch sidewalk areas crossing driveways shall be reinforced at a point 1/3 from the bottom of the sidewalk section. Reinforcing shall be welded wire fabric (66-1010) or an equivalent approved by the Township Engineer.

Sidewalks shall be constructed of permeable materials in accordance with Section 9.7, Pervious Paving Systems, of the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented, as deemed appropriate by the Municipal Engineer.

[Added 12-21-2020 by Ord. No. 20-46-OAB]

[Ord. No. 94-29 § 118-14.22D]

Reinforced concrete aprons shall be constructed at all driveways between the concrete curb (or combination curb and gutter) and the concrete sidewalk. Such aprons shall be six inches thick for residential uses and all drives to parking areas of less than 50 spaces and eight inches for all other uses and shall be reinforced with welded wire fabric (66-1010) or an equivalent approved by the Township Engineer, located at the midpoint or 1/3 points, respectively, of the apron section. Concrete shall be Class B, air-entrained.

[Ord. No. 94-29 § 118-14.22E]

At each driveway without curb return radii, the concrete curb or combination curb and gutter shall be depressed to form a driveway opening. The depression shall be equal in length to the width of the driveway plus 10 feet, but not less than 20 feet. At driveways with curb return radii, the curb depression shall accommodate the exterior limits of the radii. The depression shall be smoothly formed to maintain a lowered curb face across the depression of at least one inch, but not more than two inches. The bottom of the curb shall be lowered to maintain full curb depth across the depression.

[Ord. No. 94-29 § 118-14.22F]

In areas where alternate sidewalk or apron types and/or locations are proposed or desired, either for decorative purposes or because of physical restrictions or existing conditions, a detail of the type and/or location of sidewalk and apron proposed shall be submitted for approval with the preliminary and/or final plat.

[Ord. No. 94-29 § 118-14.22G]

Curb ramps for the physically handicapped shall be constructed on all street curb returns and, where appropriate, in parking areas. In general, two curb ramps shall be constructed at each corner. A single ramp at the center of the corner is acceptable when site conditions preclude the use of the two ramp system.

Curb ramps for the physically handicapped shall be constructed in accordance with the Standard Specifications and the ADA Accessibility Guidelines (A.D.A.A.G.). If there is a grass or landscaped area between the curb and the sidewalk, side ramps need not be provided. Curb ramps shall be provided at all four corners of full intersections and at the two corners plus a location across the street from both of the ramps at T-intersections.

The developer shall submit a detailed intersection grading plan for approval of the Township Engineer prior to installation of the curbs, sidewalks and curb ramps at the intersection.

Curb ramps shall be constructed with a rough broom finish in accordance with the Standard Specifications and shall be flush with the street pavement at the gutter line.

[Ord. No. 05-06-OAB § 1]

All applicants seeking preliminary major subdivision or site plan approval to create residential lots or units shall be required to provide for active and passive recreational areas and facilities within the subject property of the proposed development in accordance with the following standards:

Reservation of Recreational Lands.

All applicants shall reserve an area equal to 5% of the overall tract area for active and passive recreational needs of the future residents.

The area so reserved shall consist of contiguous lands; the exact location and configuration thereof to be approved by the Board.

At least 50% of the reserved tract area shall be devoted to active recreational uses including but not limited to children's playgrounds, athletic fields, bocce courts, tennis courts, and other similar facilities.

The remaining portion of the reserved recreational area may be devoted to passive recreational uses including, but not limited to nature trails, dedicated open space, and animal/bird sanctuaries.

All reserved recreation areas shall be outside any established wetland or wetland buffer areas and/or areas of steep slopes, except that 50% of the area to be reserved for passive recreation may consist of such lands.

Construction I Provision of Active Recreation Facilities.

As a condition of any approval, the applicant shall construct and/or provide all proposed recreational facilities within the areas reserved for active recreation. These facilities shall be a bondable item and shall be included within applicant's performance guarantees following approval.

Recreation Plan.

At the time of submission of the application for preliminary major subdivision or site plan approval, the applicant shall be required to submit a recreation plan to show the location and configuration of the reserved recreation area together with the location and specifications of the proposed facilities to be constructed therein. Said plan is to be prepared by a New Jersey licensed engineer, land surveyor, or landscape architect. The submission of said plan shall be required prior to the application being deemed complete in accordance with N.J.S.A. 50:55D-10.3, unless a waiver is sought by the applicant and approved by the Board in accordance with Subsection e1 below.

Ownership/Maintenance of Reserved Recreation Area.

As a condition of approval, the applicant shall establish a Homeowner's Association, which shall consist of the record owners of all residential lots or units in the proposed development. Said Homeowner's Association will be responsible for the future maintenance and repair of the reserved recreational areas and facilities located therein. Prior to the signing of the plat, the applicant shall deliver copies of the proposed Articles of Incorporation and bylaws of said Association for review and approval by the Board Attorney. Said documents shall establish the right of the municipality to enforce the obligation of the future homeowners to maintain and repair the reserved recreation area and facilities by instituting the appropriate legal proceeding and shall also provide assessment powers to the municipality. The applicant shall also prepare and record a deed restriction outlining the obligations of the Homeowner's Association prior to conveyance of any lot or unit within the development and further shall provide a point of sale disclosure of the same to all prospective purchasers within the subdivision.

As an alternative to the establishment of a Homeowner's Association, the applicant may dedicate the reserved recreation area to the Township of Berkeley upon payment of a fee equal to $750 per residential unit approved. This dedication shall occur following the filing of the final subdivision plat with the Ocean County Clerk, or upon the construction, inspection and approval of the required recreational facilities within the reserved recreation area, whichever shall occur last.

Contribution in Lieu of Reservation.

The Board may grant a waiver of the required reservation of recreational lands pursuant to this section only upon the applicant's agreement to pay a contribution in lieu thereof equal to $1,500 per residential unit approved within the subdivision.

All payments made by applicants pursuant to Subsections d2 or e1 of this section shall be deposited into the Township's Special Recreation Trust Account, which funds shall be used to further the active and/or passive recreational needs of Berkeley Township and its residents.

[Ord. No. 94-29 § 118-14.25]

Solid wastes from all uses other than single- or two-family homes and townhouse development, if stored outdoors, shall be placed in metal receptacles within a screened refuse area subject to the following minimum standards:

The screened refuse area shall not be located within any front yard area.

The refuse storage area shall be surrounded on three sides by a solid uniform fence or wall not less than five feet nor more than eight feet in height. Such fence shall be exempt from the provisions of any ordinance of the Township regulating the height of fences and requiring permits therefor.

A five-foot minimum width landscaping area shall be provided along the fence or wall enclosing the refuse storage area. The landscaping to be provided shall be shown on the site plan submitted for Board approval.

The opening in the enclosed refuse area should be located to minimize the view of refuse from adjoining properties or public streets.

If located within or adjacent to a parking area or access drive, the enclosed refuse areas shall be separated from such parking area or access drive.

The enclosed refuse area shall not be located so as to interfere with traffic circulation or the parking of vehicles.

All refuse shall be deposited in containers maintained within the refuse area. No containers shall be maintained anywhere on a site except in a refuse area meeting these requirements.

No refuse storage area shall be placed within 10 feet of any public right-of-way or any property line.

All uses, other than single- or two-family dwellings, shall provide adequate areas for the storage of mandatory recyclable materials.

[Ord. No. 94-29 § 118-14.26; Ord. No. 02-49-OAB § 7; Ord. No. 04-06-OAB § 6; 12-21-2020 by Ord. No. 20-44-OAB]

Storm drains shall include the excavation for and construction of pipe drains for surface drainage in accordance with plans approved by the Township Engineer and the provisions of the Standard Specifications.

The drains shall be the type and size specified and shall be constructed to the prescribed lines and grades at the locations shown on the plans.

Inlets, manholes and other drainage structures shall be constructed at the locations specified, and shall be the type specified on the approved plans.

Within Township rights-of-way, storm drain pipes shall be reinforced concrete pipe in all cases and shall be of the size specified and laid to the exact lines and grades approved by the Township Engineer. Reinforced concrete pipe shall conform to the most current ASTM Specifications C76. All pipe shall be Class III, Wall B strength except where stronger pipe is required as determined by the Board Engineer. All pipe shall be designed for AASHO H20-44 loading, and shall meet the manufacturer's minimum cover requirements.

In locations other than within the right-of-way of public roads, corrugated aluminum pipe, pipe arch, polyethylene pipe, helical corrugated pipe, or fully coated corrugated metal pipe may be used. The material used shall comply with the Standard Specifications for Corrugated Aluminum Alloy Culvert Pipe and Pipe Arch AASHO designation M-196-62 or the Standard Specifications for Aluminum Alloy Helical Pipe AASHO designation M-211-65. The minimum thickness of the aluminum pipe to be used shall be less than twenty-four-inch diameter or equivalent, 0.075 inches (14 gauge); twenty-four-inch diameter and less than forty-eight-inch diameter or equivalent, 0.15 inches (12 gauge); forty-nine-inch diameter but less than seventy-two-inch diameter or equivalent, 0.135 inches; and seventy-two-inch diameter or equivalent, and larger, 0.165 inches except where stronger pipe may be required as determined by the Board Engineer.

The adequate drainage systems shall be and include not only the proper drainage of the area of the specific development, but shall also include the disposal of the stormwater runoff from the specific subdivision to an adequate outlet or other means of final disposal of the stormwater, such as ocean, river, running stream, lagoon or existing adequate storm sewer.

The Township Department of Engineering shall ascertain, in each drainage instance, the drainage area of which this specific subdivision or site is a part and apportion the fair cost of adequate drainage for the whole drainage area among the landowners who contribute to or will contribute to the stormwater runoff if the development is improved.

Each applicant for a development requiring provisions for drainage of stormwater runoff shall install an adequate drainage system for the specific development and shall also pay in cash or certified funds to the Township drainage trust fund for the ultimate disposal of the stormwater runoff to an adequate outlet. Each payment made to the Township shall be held in trust until the overall disposal system is constructed for the drainage area in question, at which time the drainage trust funds raised for that drainage area may be used for construction in that area. If the improvements are not initiated within a period of 10 years from the date of payment or any other mutually agreeable period of time, all deposits shall be returned to the developer together with the accumulated interest.

Layout of Storm Sewer System.

Inlet spacing shall not exceed 600 feet or a design inlet flow of five cubic feet per second for Type B inlets and two cubic feet per second for Type E inlets and, in addition, gutter flow shall also be limited to provide a maximum gutter flow surface width of eight feet.

Gutter flow across intersections will not be allowed, and sufficient inlets will be placed to prevent flow across intersections. No swales or dish gutters will be permitted. Manholes shall be placed at all sewer junctions where inlets are not required and at maximum intervals of 600 feet in continuous drainage runs.

Where feasible, natural swales shall be used in lieu of piping and inlets, as deemed appropriate by the Municipal Engineer.

Types of Inlets. All street inlets shall be New Jersey Department of Transportation standard Type B or equal, and all yard inlets shall be standard Type E or equal. Casting heights on street inlets shall be two inches greater than the specified curb face, and the gutter shall be properly transitioned approximately 10 feet on either side of the inlet. All inlets located within roadways, parking lots, and pedestrian areas shall be bicycle-safe grates with N-ECO-type curb inlets with a curb opening no bigger than two inches high.

Conduit Sizing. The sizing of conduit for the transmission of storm flow shall be determined by the use of the Manning Formula. No pipe size in any storm drainage system shall be less than fifteen-inch-diameter reinforced concrete pipe or its equivalent.

Open Channels.

Generally, unlined open channel cross sections shall have side slopes not steeper than four to one. Lined open channel side slopes shall not be steeper than two to one.

The bottom of all unlined open channels and the channel side slopes to at least the design flow level will be sodded with suitably coarse grass sod.

All unlined open channel side slopes above the design minimum flow level will be topsoiled and seeded or otherwise suitably stabilized in accordance with an approved soil disturbance permit.

All unlined open channels which can be expected to have base flow of five cubic feet per second or more for at least two out of every 12 months will be provided with a low-flow channel using gabions, rip-rap, lining, 1/3 pipe sections or other arrangements approved as part of the final plat submission.

Basis of Calculations for Storm Drains.

Intensity of rainfall.

For closed conduits.

All subdivision and site plan drainage collection systems shall be designed for a ten-year frequency rainfall; or if the above results in a conduit size at least equivalent to a twenty-seven-inch reinforced concrete pipe, then a twenty-five-year frequency rainfall shall be used; or if the above results in a conduit size at least equivalent to a fifty-four-inch reinforced concrete pipe, then a fifty-year frequency rainfall shall be used for the corresponding time of concentration.

In lieu of the above, all subdivision and site plan drainage collection systems shall be designed for a ten-year frequency rainfall intensity for the corresponding time of concentration. In conjunction with this collection system, an overland relief system shall be provided for the fifty-year frequency rainfall.

Rainfall data shall be taken from the U.S. Department of Commerce Technical Paper No. 25 "Rainfall-Intensity-Duration-Frequency-Curves" using the Atlantic City weather station data. Stream relocations, bridges, box culverts, pipe over 72 inches in diameter. Culverts conveying runoff from drainage areas of 50 acres or greater, and other critical waterways, as determined by the Board Engineer, shall be designed for a 100-year frequency rainfall. In all cases, proposed grading shall be designed to eliminate flood damage to buildings and parked motor vehicles.

For open channels.

For a contributory drainage area of up to 50 acres use a twenty-five-year frequency rainfall.

For a contributory drainage area of between 51 acres and 250 acres use a fifty-year frequency rainfall.

For a contributory drainage area of greater than 250 acres use a 100-year frequency rainfall.

Runoff calculations. Runoff determinations should be made using the rational formula or, in unusual cases, other method with the prior approval of the Board. Upstream areas should be considered based on their full development potential according to current zoning or the current use, whichever produces the greatest runoff. Coefficients used should generally fall in the following ranges:

Classification Fully Developed	Range of Coefficient (c)
Public parks, open space and land conservation	0.15 to 0.30
Low-density residential	0.30 to 0.45
Medium-density residential	0.40 to 0.60
High-density residential	0.55 to 0.70
Commercial and industrial	0.60 to 0.90
Pavements, roadways and shoulders	0.95

Velocity restrictions.

In general, velocities in closed conduits at design flow should be at least two feet per second but not more than that velocity which will cause erosion damage to the conduit. In general, velocities in open channels at design flow shall not be less than 0.5 foot per second and not greater than that velocity which will begin to cause erosion or scouring of the channel. For unlined earth channels, the maximum velocity allowed will be two feet per second. For other channels sufficient design data and soil tests to determine the character of the channel shall be made by the subdivider and shall be made available to the Board at the time of drainage review.

At the transition between closed conduits and open channels or different types of open channels, suitable provisions must be made to accommodate the velocity transitions. These provisions may include rip-rapping, gabions, lining, aprons, chutes and checks or others, all suitably detailed and approved.

For all flows of 50 cubic feet per second or more, tailwater depths and velocity calculations shall be submitted.

Design formulas and friction factors. In general, Manning's Formula will be used by the Board to review the adequacy of proposed drainage facilities; other formulas may be used in particular cases with the previous agreement of the Board. A friction factor ("n") of 0.013 will be used for reinforced concrete pipe, and a factor of 0.021 will be used for fully coated corrugated metal pipe with paved inverts. Commensurate factors will be used for other pipe types and shapes. A friction factor ("n") of not less than 0.015 will be used for fully lined concrete channels. A factor of not less than 0.025 will be used for fair to poor natural streams and watercourses. Commensurate factors will be used for other channel types.

All drainage facilities carrying runoff from tributary areas larger than 1/2 square mile must have the approval of the New Jersey Division of Water Policy and Supply. Such approval shall be granted prior to approval of the final plat.

All encroachments of natural waterways must be referred to the New Jersey Department of Environmental Protection and Energy for approval in accordance with statute. The state may retain jurisdiction, in which case a permit will be necessary as set forth, or may refer the matter to the County Engineer for review.

All nonpipe culverts shall be designed for AASHTO H20-44 loading. All culverts of any type shall be carried to the roadway right-of-way and shall terminate with headwalls or other approved end treatment. All conduits terminating or beginning in open channels shall be provided with headwalls or other appropriate end treatment.

The use of siltation and oil-separation basins with controlled outflows may be required to prevent pollution of waterways when discharge is into a lagoon, bay or other standing body of water.

Special Drainage Provisions.

The existing system of natural drainage within each subdivision shall be preserved to the maximum extent possible. To this end the Board may require the preservation of natural drainage swales, recharge areas, wet-weather ponds and similar features and may require suitable drainage and conservation easements and possible increases in lot size to allow usable lots with the preservation of such features.

Subject to review and approval by the Board, the design of a subdivision may be modified to take advantage of the natural drainage features of the land. In such review the Board will use the following criteria:

The utilization of the natural drainage system as much as possible in its unimproved state.

When drainage channels are required, wide shallow swales with natural vegetation will be preferred to other sections.

The construction of flow-retarding devices, detention areas and recharge berms to minimize runoff value increases.

Maintenance of base flow in streams, reservoirs and ponds.

The reinforcement, improvement and/or extension of the natural drainage system to such an extent as is necessary to eliminate flooding and excess maintenance requirements.

All developments or portions of total schemes of development which, based upon the preliminary plat submission, total 15 or more acres, or add one or more acres of impervious surface, shall be designed and constructed in conformance with Subsection 35-72.1 of the Township Code.

All stormwater management facilities, including stormwater detention, retention and infiltration devices shall be designed and constructed in accordance with Subsection 35-72.1 of this chapter.

General Drainage Requirements.

All development applications must be accompanied by the drainage area map and drainage calculations.

No drainage pipe shall be permitted within 50 feet and no easement shall be permitted within 25 feet of any existing or proposed individual sewage disposal system.

When a developer or his engineer determines that it will be necessary to utilize design standards in addition to or other than those minimum requirements established herein, he is advised to consult with the Board Engineer prior to beginning his detailed design for review and approval of his proposed design standards. Standards utilized should be generally accepted engineering practice and in common use in this area.

Minor modifications or changes to the approved plans and specifications may be effected only upon written approval of the Board Engineer, but some changes may require further review and approval of the Board prior to making any change.

[Ord. No. 94-29 § 118-14.27A through § 118-14.27G; Ord. No. 01-21-OAB § 18; Ord. No. 06-12-OAB § 1; amended 12-21-2020 by Ord. No. 20-44-OAB]

It is hereby determined that the lakes and waterways within the Township of Berkeley are at times subjected to flooding; that such flooding is a danger to the lives and property of the public; that such flooding is also a danger to the natural resources of the Township of Berkeley, Ocean County, New Jersey; that development tends to accentuate such flooding by increasing stormwater runoff, due to alteration of the hydrologic response of the watershed in changing from the undeveloped to the developed condition; that such increased flooding produced by the development of the real property contributes increased quantities of water-borne pollutants, and tends to increase channel erosion; that such increased flooding, increased erosion and increased pollution constitutes deterioration of the water resources of the Township of Berkeley, Ocean County, New Jersey; and that such increased flooding, increased erosion and increased pollution can be controlled to some extent by the regulation of stormwater runoff from such development. It is therefore determined that it is in the public interest to regulate the development of real property and to establish standards to regulate the additional discharge of stormwater runoff from such developments as provided in this chapter.

The provisions of this chapter shall be applicable to each of the types of developments named below:

All residential subdivisions and site plans shall comply with the provisions of N.J.A.C. 5:21 (Residential Site Improvement Standards), Subchapter 7, Stormwater Management. Nonresidential site plans meeting the latest definition of "major development" per N.J.A.C. 7:8-1.2 shall comply with the provisions of N.J.A.C. 7:8-1.2, shall comply with the provisions of N.J.A.C. 7:8, Stormwater Management, as well as provisions of the Stormwater Control Ordinance for areas of Berkeley Township outside of the Pinelands Area, § 35-74, except as provided in Subsection f below.

All developments or portions of total schemes of developments which, based upon the preliminary plan/plat submission, total 15 or more acres.

Any construction of one or more of the following uses:

Confined feeding and holding areas of animals as determined by the Soil Conservation Service (SCS) procedure for measuring biochemical oxygen demand (BOD) producing potential.

Pipelines, storage or distribution systems for petroleum products or chemicals.

Storage, distribution or treatment facilities (excluding on-site sewage disposal systems) for liquid waste.

Solid waste storage, disposition, incineration or landfill.

Quarries, mines or borrow pits.

Land application of sludge or effluence.

In the event that control of stormwater runoff is proposed or mandated for construction covering less than one acre of ground, such lesser developments shall come under provisions of this chapter.

In the case of the projects for which county as well as municipal approval of proposed drainage facilities is required, the applicants shall be required to comply with all provisions of this chapter. In such a case, the only provisions of the Township which shall govern are those requirements which are stricter than those of Ocean County.

The provisions and requirements of this section shall not apply to any development within the Pinelands Area of the Township of Berkeley. Stormwater management standards applicable to development in the Pinelands Area that do not meet the most current definition of "major development" per the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-1.1 et seq.) are set forth in § 35-159b6 of this chapter. Stormwater management standards applicable to development in the Pinelands Area that do meet the most current definition of "major development" per the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-1.1 et seq.) shall comply with the provisions of the Stormwater Control Ordinance for areas of Berkeley Township within the Pinelands Area § 35-155.

Burden of Proof. Whenever an applicant seeks a municipal approval of a development to which this chapter is applicable from any board of the Township, the applicant shall be required to demonstrate that the project meets the standards set forth in this chapter.

Submission Materials Due. The applicant shall submit materials, as required by Subsections 35-72.4 and 35-72.5 hereof, to the municipal board from which he seeks municipal approval prior to or at the same time he submits his application for the municipal approval. Failure to submit the appropriate drainage plans, calculations, test results and reports at the time of submittal will constitute an incomplete application.

Review. The applicant's project shall be reviewed by the municipal board from which he seeks his municipal approval. The municipal board shall consult with the Township Engineer to determine if the project meets the standards set forth in this chapter.

Time for Decision. The municipal board shall promptly determine if the project meets the standards set forth in this chapter. The time for that determination shall be the time permitted to review and act on the applicant's application for a municipal approval as provided in the Municipal Land Use Law, Chapter 291, Laws of New Jersey, 1975, and all amendments thereto.

Failure to Comply. Failure of the applicant to demonstrate that the project meets the standards set forth in this chapter is reason to deny the applicant's underlying application for a municipal approval.

Variance. For good reason, the Board may grant a waiver of the standards given in Subsection 35-72.4 below if the nature of the development, the character of adjacent previously developed areas or other factors make the utilization of natural drainage features or runoff-controlling devices inadvisable or impractical.

Each proposed project not exempted from the operation of this chapter shall meet the following storm drainage standards as outlined in § 35-74:

General Standards. The project plans submitted shall demonstrate careful consideration of the general and specific concerns, values and standards of the Township Master Plan and applicable county, regional and state storm drainage control programs, any County Mosquito Commission Control standards and shall be based on environmentally sound site planning, engineering and architectural techniques.

In all cases, multiple-level outlets or other fully automatic outlets shall be designed so that discharge rates from the development for the design storms will not be increased from what would occur if the development were not constructed. Outlet waters shall be discharged from the development at such locations and velocities as not to cause additional erosion or cause additional channels downstream of the development.

Where the project consists of two phases:

New construction which requires provisions of storm drainage under the terms of this chapter.

Repair or rehabilitation of structures and surfaces which does not result in increasing the extent of impervious areas or in rendering existing surfaces less pervious, the detention requirements may be computed on the basis of phase (1) exclusively.

If detention basins or other detention facilities are provided through which water passes at times other than following rainfall, the Township Engineer should be consulted concerning design criteria. It will be necessary for detention requirements to be met, despite the necessity of passing certain low flows. This applies to all on-stream or on-line detention basins.

Outlets from detention facilities shall be designed to function without manual, electric or mechanical controls.

The retention of site runoff as required by this chapter will result in the accumulation of sediment in the detention basin, including particulate polluting substances, silt and debris. Provision must be made for periodic removal of accumulated solid materials.

Computations for storage capacity shall include estimates for one year's accumulation of solid materials. In addition, a maintenance schedule shall be submitted to the Township Engineer which includes provisions for removal of accumulated materials, basin/system restoration and identification of the individual or entity responsible for implementation.

Dams. Any stormwater basin that impounds water through the use of an artificial dike, levee or other barrier and raises the water level five feet or more above usual, mean low-water height when measured from the downstream toe-of-dam to the emergency spillway crest is classified as a dam and subject to N.J.A.C. 7:20, the New Jersey Dam Safety Standards. All such dams must be designed, constructed, operated and maintained in compliance with the rules of N.J.A.C. 7:20.

In many instances, the provisions of separate detention facilities for a number of single sites may be more expensive and more difficult to maintain than provisions of joint facilities for a number of sites. In such cases, the Municipal Board should be willing to consider provisions of joint detention facilities which will fulfill the requirements of this regulation. In such cases, a properly planned stage program of detention facilities may be approved by the Township in which compliance with some requirements may be postponed at early stages while preliminary phases are being undertaken and construction funds accumulated. The necessary planning to facilitate such arrangements may be accomplished by Phase II planning under provisions of N.J.A.C. 7:8.

Detention basins, and all other systems employing techniques delaying runoff which incorporate principal outlets, shall be constructed a minimum of two feet above the seasonal high groundwater table.

Stormwater basins shall not incorporate provisions for recreational use.

Soil Borings and Hydraulic Conductivity Tests.

All development applications subject to the requirements of this chapter shall be accompanied by a soils investigation report, prepared by a licensed professional engineer in the State of New Jersey.

The report shall include the results of test borings/pits, soil borings and percolation or permeability tests, which shall be performed at each stormwater basin, trench, pit or other disposal area and at a rate of one percolation or permeability test and one test pit per 7,500 square feet of basin or recharge area. A minimum of two soil borings and permeability/percolation tests shall be required for each basin or recharge system. The percolation/permeability test results shall include a description of the test, the depth at which the test was conducted and a description of the soils encountered. Depth to the seasonal high-water table shall also be shown. The ground surface elevation (MSL Datum) at all test locations shall be specified.

Percolation/permeability tests and reports.

At least one percolation or permeability test shall be performed at the site of each basin or other disposal area. The percolation/permeability tests shall be performed at a depth corresponding to the bottom of the basin, trench or disposal area. All percolation/permeability tests shall be performed under the supervision of a licensed professional engineer in the State of New Jersey.

Percolation tests shall not be made in test holes which have been allowed to remain open to the atmosphere for periods over three days or in frozen ground. Tests shall not be made in filled ground unless the soil has been compacted or allowed to settle to the satisfaction of the Township Engineer.

Percolation tests shall be performed in accordance with the following procedures:

Step 1: Prepare a test hole in the undisturbed soil at the depth intended to be used for disposal purposes, having horizontal dimensions of eight inches to 12 inches. Means shall be used to protect the soil in the test hole from becoming clogged with silt and clay particles. Establish a fixed point at the top of the hole from which all measurements shall be taken. Fill the hole with water and allow all of the water to drain into the soil.

Step 2: Fill the hole to a depth of approximately seven inches. At a five- to thirty-minute time interval, depending on the rate of fall, record the drop in water level in inches during the time interval selected. Immediately refill the hole to the original depth of approximately seven inches, and repeat the test using the same time interval and method. Repeat this procedure until the distance that the water has fallen in the time interval selected becomes approximately equal.

Step 3: Calculate the percolation rate of the soil. The time interval determined in Step 2 divided by the infiltration rate (volumetric change divided by the infiltration area) of the hole will be the percolation; or

(4)

Soil percolation tests shall be performed in compliance with the testing procedures and methodology as described in N.J.A.C. 7:9A-6.4 of the current Standards for Individual Subsurface Sewage Disposal Systems (Chapter 9A).

Permeability tests shall be either the tube permeameter test or the soil permeability class rating technique in accordance with N.J.A.C. 7:9A-6.2 and 7:9A-6.3 of the current Standards for Individual Subsurface Sewage Disposal Systems (Chapter 9A).

Reports shall be furnished to the Board Engineer indicating the result of each percolation test in minutes per inch (including unacceptable rates), the date of the test, effect of recent rain or lack of rain, the apparent moisture of the soil prior to the test, the depth to groundwater when encountered, number of preliminary tests made to determine apparent saturation, the type or types of soil encountered, using the Unified Soil Classification System, together with the thickness of each layer and all other factors affecting percolation test results.

Soil, Geology and Groundwater. The following information shall be required in all cases:

The number of test borings or pits shall be as specified by this chapter.

The minimum depth of test borings or pits shall be 10 feet or four feet below the bottom elevation of the proposed basin or recharge system, whichever is greater. Power augers may be used to advance or clean out test holes to sampling depths but may not be used to retrieve soil samples. Split spoon samplers, plug samplers or other sampling devices may be used which retrieve a relatively undisturbed soil sample. Hand augers may be used as long as the test hole remains open and does not cave or slump.

Reports of the type, nature and depth of the soil as found, the depth to groundwater when encountered, and the seasonal high-water table elevation shall be shown on the plans. Three options are open to the applicant for determining depth to seasonal high-water table. First, if sole reliance is on the measurement of depth to groundwater (the actual physical measurement) then the test must be taken between January and April, inclusive, and with the absence of mottling. Second, the applicant may use available maps and data from the Soil Conservation Service, provided the soil series mapped is verified by actual on-site soils testing. Or third, as determined by mottling.

Locations and results of percolation/permeability tests, locations of soil borings and boring logs shall be shown on the plans.

Fill material.

Fill material used for stormwater facility construction shall have a percolation rate equal to or greater than existing soil conditions. Fill material shall be as free of clay soils as possible. Sieve analyses shall be performed on representative soil samples of all fill material and the effective size and the uniformity coefficient determined. Fill material shall meet or exceed the quality of the existing soil as determined by the sieve analyses.

Test results shall be obtained by a certified laboratory and shall be submitted to the Township Engineer prior to the commencement of grading operations.

However, the Board Engineer may require additional information relative to soil structure, geology and groundwater elevations adjacent to or below the proposed basin or disposal area.

Emergency Spillways.

Vegetated emergency spillways shall have side slopes not exceeding three horizontal to one vertical.

Emergency spillways excavated from noncompacted soil shall be suitably lined and shall comply with criteria contained in Standards for Soil Erosion and Sediment Control in New Jersey.

Maximum velocities in emergency spillways shall be checked based on the velocity of the peak flow in the spillway resulting from the routed emergency spillway hydrograph. Where maximum velocities exceed those contained in Standards for Soil Erosion and Sediment Control in New Jersey, suitable lining shall be provided.

Dams and Embankments.

The minimum top widths of all dams and embankments are listed below. These values have been adopted from the Standards for Soil Erosion and Sediment Control in New Jersey published by the New Jersey State Soil Conservation Committee.

Minimum Top Widths
Height (Feet)	Top Width (Feet)
0 to 15	10
15 to 20	12
20 to 25 or greater	14

The design top elevation of all dams and embankments after all settlement has taken place shall be equal to or greater than the maximum water surface elevation in the basin resulting from the routed freeboard hydrograph. Therefore, the design height of the dam or embankment, defined as the vertical distance from the top down to the bottom of the deepest cut, shall be increased by the amount needed to ensure the design top elevation will be maintained following all settlement. This increase shall not be less than 5%. Where necessary, the Engineer shall require consolidation tests of the undisturbed foundation soil to more accurately determine the necessary increase in design height.

All earth fill shall be free from brush, roots and other organic material subject to decomposition.

Cutoff trenches are to be excavated along the dam or embankment center line to impervious subsoil.

Safety ledges shall be constructed on the side slopes of all retention basins having a permanent pool or water. The ledges shall be four feet to six feet in width and located approximately 2 1/2 to three feet below and one to 1 1/2 feet above the permanent water surface.

The fill material in all earth dams and embankments shall be compacted to at least 95% of the maximum dry density obtained from compaction tests performed by the appropriate method in ASTM D698.

Stormwater Basin Bottom.

To promote complete emptying and prevent standing water or soggy surfaces, vegetated bottoms shall have a minimum slope of 2% and shall be graded to the outlet structure or low flow channel or low point (for infiltration basin).

To promote complete emptying and prevent standing water or soggy surfaces, the lowest point in the bottom shall be two feet above the seasonally high groundwater level unless adequate subsurface drains are provided.

To provide adequate drying time, as to avoid delaying scheduled maintenance efforts, and to prevent mosquito breeding, the maximum storage or ponding duration should not exceed 48 hours.

Subsurface drains connected to a low-flow channel, principal outlet structure or other downstream discharge point shall be employed whenever possible to promote quick and thorough drying of the facility bottom.

To minimize routine grass maintenance such as mowing and fertilizing, the use of grass varieties that are relatively slow growing and tolerant of poor soil conditions are encouraged.

To facilitate removal efforts, sedimentation shall be promoted at localized, readily accessible areas. The use of sediment traps at inflow and outflow points is encouraged, especially those lined with materials which have smooth, easily cleaned surfaces such as concrete. For this reason, the use of loose stone, rip rap and other irregular linings which require manual removal of weeds, sediment and debris should be avoided.

Subsurface detention/infiltration facilities shall provide suitable access, observation points and/or monitoring wells to facilitate inspection and cleaning.

q.

Stormwater Basin Access.

The facility must be readily accessible from a street or other public right-of-way. Inspection and maintenance easements, connected to the street or right-of-way, should be provided around the entire facility. The exact limits of the easements and rights-of-way should be specified on the project plans and other appropriate documents.

Access roads and gates shall be wide enough to allow passage of necessary maintenance vehicles and equipment, including trucks, backhoes, grass mowers and mosquito-control equipment. In general, a minimum right-of-way width of 15 feet and a minimum roadway width of 12 feet is required.

To facilitate entry, a curb cut shall be provided where an access road meets a curbed roadway.

To allow safe movement of maintenance vehicles, access ramps shall be provided to the bottoms of all detention facilities greater than three feet in depth. Access ramps should not exceed 10% in grade.

Access roads and ramps shall be stable and suitably lined to prevent rutting and other damage by maintenance vehicles and equipment.

When backing up is difficult or dangerous, turnaround areas should be provided at the end of all access roads.

All stormwater basins shall be perimeter fenced for safety purposes. The minimum fence height shall be six feet.

To allow safe movement of maintenance personnel and safe operation of equipment, fences shall be located at least three feet beyond the top or toe of any slope steeper than five horizontal to one vertical.

Fences shall be constructed of durable, vandal-resistant materials. Fences must meet all municipal code requirements.

To minimize the amount of required trimming, fences in grassed areas should be installed, whenever practical, with bottom rail set high enough above finished grade to allow mowing beneath it.

Facility perimeters should be sized and stabilized to allow movement and operation of maintenance and mosquito-control equipment. A minimum perimeter width of 25 feet between the facility and adjacent structures is required along at least one side of the facility. This portion of the perimeter shall be readily accessible from a street or other public or private right-of-way. Gates shall be equipped with a double-lock system in cooperation with the Ocean County Mosquito Commission to permit same access to the basins.

The top of bank for facilities constructed in cut and the toe of slope for facilities constructed in fill shall be located no closer than 10 feet to an existing or proposed property line.

13.

Detention basins shall be attractively buffered and landscaped, and designed as to minimize propagation of insects, particularly mosquitoes. All landscaping and buffering shall be approved by the Board Engineer.

14.

For safe movement of personnel and safe operation of equipment, side slopes greater than five feet in height shall not be steeper than four horizontal to one vertical. Side slopes less than five feet high shall not exceed three horizontal to one vertical. Flatter side slopes shall be constructed wherever possible.

15.

For safe movement of personnel and safe operation of equipment, side slopes steeper than five to one and higher than 15 feet shall be terraced at their midpoints. The terrace shall have a minimum width of three feet and shall be graded at 2% towards the lower 1/2 of the slope.

16.

Suitable access to and along side slopes shall be provided for maintenance personnel and equipment.

r.

Detention Facilities in Flood Hazard Areas.

Whenever practicable, developments and their stormwater detention facilities should be beyond the extent of the flood hazard area of a stream. When that is not possible and detention facilities are proposed to be located partially or wholly within the flood hazard area (as defined by the New Jersey Division of Water Resources, Bureau of Floodplain Management), or other areas which are frequently flooded, some storm conditions will make the facility ineffective at providing retention of site runoff. This will happen if the stream is already overflowing its banks and the detention basin, causing the basin to be filled prior to the time it is needed. In such cases the standards established in these regulations will be modified in order to give only partial credit to detention capacities located within a flood hazard area. The credit will vary in a ratio intended to reflect the probability that storage in a detention basin will be available at the time a storm occurs at the site.

Detension Storage.

Detention storage provided below the elevation of the edge of the 100-year floodplain will be credited as effective storage at a reduced proportion as indicted in the table below:

Size of Drainage Area in Square Miles*
Elevation	Less than 5	5 to 100	Greater than 100
Less than 2 feet below	40%	65%	90%
Between 2 feet and 4 feet below	25%	50%	75%
Over 4 feet below	10%	25%	50%

*Area contributing floodwaters to the flood hazard area at the site in question.

This effective detention storage will be required to provide for drainage of the developed land in accordance with the criteria already established in these regulations. However, the gross storage considered for crediting will not exceed that which would be filled by runoff of a 100-year storm from the site.

As an alternative to the approach in Subsection r2 above, if the developer can demonstrate that the detention provided would be effective, during runoff from the 100-year, twenty-four-hour, Type II storm, peaking simultaneously at the site and on the flood hazard area, his plan will be accepted as complying with provisions of Subsection r2 above.

In making computations under Subsection r2 or 3 above, the volume of net fill added to the flood hazard area portion of the project's site will be subtracted from the capacity of effective detention storage provided. (Net fill is defined as the total amount of fill created incidental to the completion of the project less the amount of excavated material removed during the completion of the project, both measured below the elevation of the edge of the flood hazard area.)

Where detention basins are proposed to be located in areas which are frequently flooded but have not been mapped as flood hazard areas, the provisions of either Subsection r2 or 3 will be applied, utilizing the elevation of a computed 100-year flood.

Developers are also required to show compliance with the flood hazard area regulations of the Department of Environmental Protection.

s.

Division of Coastal Resources.

All projects containing stream encroachments within the flood hazard area and 100-year floodplain, at locations having a drainage area of over 50 acres and all "projects of special concern" as defined in N.J.A.C. 7:13-5, are subject to the approval of NJDEP, Division of Coastal Resources.

All projects containing a drainage area over 50 acres must establish the 100-year floodplain zone in accordance with N.J.A.C. 7:13-1.8, the Technical Manual for Stream Encroachment prepared by the NJDEP, Bureau of Floodplain Management.

t.

Standards for Stream Corridor Protection. To the extent practicable and consistent with other site planning criteria, and with appropriate beneficial use of the site as a whole, it is recommended that no alteration of the natural terrain should occur, and no impervious surfaces should be located, within a stream corridor. The corridor should include all floodplain areas, adjacent slopes of 12% or greater, and contiguous areas where the depth of the seasonal high-water table is one foot or less.

In addition to the plans, calculations, test results and reports necessary for compliance with the various sections of this chapter, the following submissions shall be required for each proposed project subject to review under this chapter. The applicant is free to combine exhibits or otherwise consolidate the required information, so long as all required information is clearly presented.

Topographic Base Map. Topographic base map of the site, and extending a minimum of 200 feet beyond the limits of the proposed development at a scale of one inch equals 100 feet or greater, showing two-foot contour intervals. The map shall indicate at least the following: existing surface water drainage, marshlands, outlines of woodland cover, existing man-made structures, roads, utilities, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.

Vicinity Map. The applicant must prepare a map at a scale of one inch equals 400 feet or greater, on a paper/print of the latest air photographs available, updated in the field to reflect current conditions, showing the relationship of the proposed development to significant features in the general surroundings. The map must indicate at least the following: roads, pedestrian ways, access to the site, adjacent land uses, existing open space, public facilities, landmarks, places of architectural and historic significance, utilities, drainage (including, specifically, streams and other surface water shown on USGS and soils maps), and other significant features not otherwise shown.

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 condition, slopes, wetlands, vegetation and animal life 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.

Project Description and Site Plan(s). A map (or maps) at the scale of the topographical base map indicating the location of proposed buildings, roads, parking areas, utilities, structural facilities for detaining or recharging stormwater and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations in the natural terrain, cover and grade are proposed, and changes in natural cover, including lawns and other landscaping. A written description of the site plan and justification of proposed changes in natural conditions may also be provided.

Water Detention Facilities Map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

Total area to be paved or built upon, estimated land area to be occupied by water-detention facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of surface water.

Details of all water detention plans, 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.

Maximum discharge and total volume of runoff which would occur from the project area before and after development for the following storms:

One and one-quarter inch of rainfall occurring within two hours, or a one-year frequency Type III, twenty-four-hour storm.

The specified design storms (two-year, ten-year and 100-year).

The Municipal Board reviewing an application under this chapter may, in consultation with the Board Engineer, waive submission of any of the above requirements when the information requested cannot feasibly be obtained, when it would create a hardship on the applicant to obtain or where its absence will not materially affect the review process.

Responsibility for operation and maintenance of stormwater management facilities, including periodic removal and disposal of accumulated particulate material and debris, shall remain with the owner or owners of the property with permanent arrangements that it shall pass to any successive owner, unless assumed by a government agency. Such permanent arrangements may be by deed restriction or covenant, and shall also be noted on the filed map. If portions of the land are to be sold, legally binding arrangements shall be made to pass the basic responsibility to successors in title. These arrangements shall designate for each project the property owner, governmental agency or other legally established entity to be permanently responsible for maintenance, hereinafter in this section referred to as the "responsible person."

Prior to granting approval to any project subject to review under this chapter, the applicant shall submit a maintenance plan and enter into an agreement with the Township to ensure the continued operation and maintenance of the stormwater management facility. This agreement shall be in a form satisfactory to the Board Attorney, and may include, but not necessarily be limited to, personal guarantees, deed restrictions, covenants, and bonds. In cases where property is subdivided and sold separately, a homeowner's association or similar permanent entity shall be established as the responsible entity, absent an agreement by a governmental agency to assume responsibility.

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, the Township shall so notify in writing the responsible person. From the notice, the responsible person shall have 14 days to effect such maintenance and repair of the facility in a manner that is approved by the Township Engineer or his designee. If the responsible person fails or refuses to perform such maintenance and repair, the Township may immediately proceed to do so and shall bill the cost thereof to the responsible person. In each instance where the Township performs such maintenance or repair, the Township Engineer shall certify the cost of same to the governing body, which shall examine the certificate, and if found to be correct shall cause the cost as shown thereon to be charged against such land. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes and to be collected and enforced by the same officers and in the same manner as taxes.

The Department of Engineering shall ascertain, in each drainage instance, the drainage area of which the specific subdivision or site is a part, and apportion the fair costs of adequate drainage for the whole drainage area among the landowners who contribute to or who will contribute to, the stormwater runoff if the subdivision or site plan is approved. Each subdivision or site plan requiring provisions for drainage of stormwater runoff shall install an adequate drainage system for the specific development and shall also pay in cash or check to the Township Drainage Trust Fund for the ultimate disposal of the stormwater runoff to an adequate outlet. Each payment made to the Township shall be nonrefundable and held by it in trust until the overall ultimate disposal system is constructed for the drainage area in question, at which time the trust funds raised for that drainage area shall be used for such construction in and for that area.

Editor's Note: The Schedule of Street Design Standards can be found at the end of § 35-73.12.

[Ord. No. 94-29 § 118-14.28]

The arrangement of streets within a development shall provide for the extension and/or realignment of existing streets, except that local and local collector streets should only be extended when such extension is necessary and the Board concurs that such extension will promote safety and conform to the street standards contained elsewhere in this chapter.

[Ord. No. 94-29 § 118-14.28B]

Where developments abut existing roadways, sufficient rights-of-way shall be reserved to provide the width proposed for the functional classification of the street in question.

[Ord. No. 94-29 § 118-14.28C]

Local streets shall be designed in accordance with the Schedule of Street Design Standards and the following requirements:

Local streets shall be arranged so that there exists a minimum possibility of their use by traffic which does not have its origin or destination at the lots to which the local streets provide access.

Culs-de-sac (dead-end streets) should have centerline length, from the intersecting street center line to the center point of the turnaround of the cul-de-sac, of not less than 100 feet nor longer than 2,000 feet and should not provide access to more than 25 lots. They shall provide an end turnaround with a pavement radius of not less than 40 feet and a property line radius of not less than 50 feet, which shall have its center point at or to the left of the centerline of the street, when viewed toward the closed end. In the event that it is contemplated that a dead-end street shall be extended in the future, a temporary turnaround, meeting the aforementioned design criteria, shall be required.

Loop streets should provide access to not more than 45 lots, except that where access is provided by a combination of a short loop street and cul-de-sacs, the maximum shall be 60 lots, provided that the length of the loop street alone will not exceed 3,000 feet. Loop streets shall have both of their termini located on the same street.

P-loops, which are loop streets with a single access point, should have an entrance not exceeding 700 feet in distance from the loop intersection. There should also be provided an emergency vehicular and pedestrian right-of-way of 15 feet minimum width from the loop and providing access to a street which is not a part of the P-loop. The loop of a P-loop should have a street length not exceeding 3,000 feet. P-loops should provide access to no more than 60 lots, and the entrance street should be designed in accordance with the design standards for minor collector streets.

Artificial modifications in street rights-of-way for the purpose of increasing lot frontage shall be prohibited. Such prohibited modification shall include but shall not be limited to widening the rights-of-way of a continuous street through the use of semicircular projections.

Reduced Paving Width. When a cul-de-sac or loop street provides access to 25 or fewer lots, the Planning Board may consider the use of reduced paving width where, by reason of topography, physical features or other conditions, the reduced paving width would substantially reduce disruption of the development's environment. In no case shall the paving width of a two-way cul-de-sac or loop street be reduced to less than 28 feet. The Board may consider the use of one-way loop streets with a minimum paving width of 22 feet. Such one-way streets with reduced paving width are subject to the review and approval of the Traffic Bureau of the New Jersey Department of Transportation. Such review and approval must be obtained by the developer before approval of a final plat will be granted.

[Ord. No. 94-29 § 118-14.28D]

In any development it shall be the duty of the Board to approve classification of proposed streets according to their use. In making its decisions, the Board shall refer to the Master Plan and shall consider conditions within the development and the surrounding areas and shall use as a guide the following street classifications and criteria:

Local Street. A local street is a street serving only single-family residences and where feasible should be either a cul-de-sac or a loop street meeting the requirements hereinabove set forth. A street which serves traffic having origins and destinations other than within the lots which abut the street shall not be considered a local street. The maximum traffic normally expected on a local street shall be 500 vehicles per day.

Local Collector or Minor Collector Street. A local collector or minor collector is generally a street gathering traffic from local streets and feeding it into a system of major collectors, minor arterial and major arterial highways. Even if laid out as a local street, a street should be considered a local or minor collector street if it provides access or could provide access to more than 60 lots or, in the case of a cul-de-sac, more than 25 lots, or could be utilized by traffic other than residential in nature. Local or minor collector streets should generally not be expected to carry traffic exceeding 1,000 vehicles per day. The design speed of local or minor collectors, for alignment and sight distance purposes, should be 40 miles per hour.

Major Collector Streets. A major collector street is generally a street gathering traffic from local streets or minor collector streets and feeding it into a system of arterial highways. Even if laid out as a local or minor collector street, a street should be considered a major collector street if it provides access or could provide access to more than 150 lots or would be utilized by traffic other than residential in nature. Major collector streets would generally not be expected to carry traffic exceeding 2,500 vehicles per day. The design speed of major collector streets, for alignment and sight distance purposes, should be 50 miles per hour.

Minor Arterials. Minor arterials are streets gathering traffic from more than one local, minor or major collector street and leading it to a system of other minor arterials or principal arterial streets. Minor arterials shall have a design speed, for alignment and sight distance purposes, of 60 miles per hour and should generally be designed to carry traffic volume approaching 10,000 vehicles per day.

Principal Arterial Highways. Principal arterials are any Federal, State or County highways or municipal streets or roads intended to carry traffic between other major arterials and minor arterials and between the various neighborhoods of the Township or from the Township's neighborhoods to destinations outside the Township. Principal arterial highways should have a design speed of 60 miles per hour and should be designed to carry traffic exceeding 10,000 vehicles per day.

Classification Criteria. Street classifications will be approved by the Board in accordance with the foregoing definitions, in accordance with the provisions of the Master Plan and Official Map if such are adopted, in accordance with the provisions of applicable County and State regulations or plans or, in the absence of specific information from the above, in accordance with its own best judgment concerning the use to which the various streets in any development will be put.

[Ord. No. 94-29 § 118-14.28E]

In any subdivision abutting or being traversed by a major collector street, minor arterial or principal arterial highway, one of the following conditions shall be required by the Board:

A marginal street meeting the classification herein for a local street shall be provided along each major collector, minor arterial or principal arterial highway and shall be separated from the major collector, minor arterial or principal arterial highway by a landscaped strip at least 25 feet in width.

The frontage of all lots abutting the major collector, minor arterial or principal arterial highway shall be reversed so that the lots will front on an internal local street; a natural wooded or landscaped buffer strip at least 50 feet in width will be provided on the abutting lots along the right-of-way of the major collector, minor arterial or principal arterial highway. The area of such buffer strip shall not be considered part of the required minimum lot size.

All lots abutting major collector streets may, in lieu of the above, be provided with suitable driveway turnarounds eliminating any necessity for vehicles to back into the collector street.

Other means of providing a satisfactory buffer separating through and local traffic shall be provided as may be deemed proper by the Board.

Dwellings on corner lots shall have their driveway access on the roadway designed and intended to carry the lesser amount of traffic.

[Ord. No. 94-29 § 118-14.28F]

Street design standards shall be appropriate to the expected use of the street, soil, topographical and other physical conditions and to the maintenance of the purpose of this chapter but shall not be less than those set forth in the Schedule of Street Design Standards.

[Ord. No. 94-29 § 118-14.28G]

Street intersections shall be designed according to the following standards:

No more than two streets shall cross the same point. Street intersections shall be at right angles wherever possible, and intersections of less than 70°, measured at the centerline of streets, shall not be permitted.

Streets should not enter the same side of local, minor or major collector streets at intervals of less than 500 feet, minor arterials at intervals of less than 1,200 feet or principal arterials at intervals of less than 2,500 feet. Streets which enter collectors, minor arterials or principal arterials from opposite sides shall be directly opposite to each other or must be separated by at least 300 feet between their center lines measured along the center line of an intersected collector or 500 feet along the center line of a minor arterial or 800 feet along the center line of a principal arterial.

Approaches of any major collector, minor arterial or principal arterial street to any intersection of another major collector, minor arterial or principal arterial street shall be tangent or have a center line radius greater than 5,000 feet for at least 500 feet from the intersection.

Where a minor or major collector, major thoroughfare or major arterial street intersects with a major collector, major thoroughfare or major arterial street, the right-of-way of each minor collector shall be widened by 10 feet [five feet for each side] for a distance of 300 feet in all directions from the intersection of the center lines, and the right-of-way of each major collector, minor arterial and principal arterial shall be widened by 20 feet [10 feet for each side] for 500 feet in all directions from the intersection of the center lines.

Approaches of any local, local collector or minor collector street to any other street shall:

Be tangent (straight) for a distance of at least 50 feet from the intersection; or

Have a center-line radius greater than 1,000 feet for at least 150 feet from the intersection; and

Have a clear sight of a point three feet high in the intersection for a distance of not less than 400 feet.

[Ord. No. 94-29 § 118-14.28H]

Curved local, local collector and minor collector streets are preferred to discourage speed and monotony. The maximum straight-line distance should not exceed 1,000 feet.

The Board in all cases may, and in the case of subdivisions having 100 or more lots shall, require provisions for continuing circulation patterns onto adjacent properties and, for this purpose, may require the provision of stub streets abutting adjacent properties.

Subdivisions containing more than 150 lots should have two access points from collector streets or arterial highways.

[Ord. No. 94-29 § 118-14.28I]

Street names shall not duplicate, nearly duplicate or be phonetically similar to the names of any existing streets or development in Berkeley Township. Any continuation of an existing street shall have the same street name.

[Ord. No. 94-29 § 118-14.28J]

The developer shall complete all improvements to the limits of the development, unless other provisions have been made and approved by the Board. In those instances where completion of certain improvements would not be possible until the development of adjacent land takes place, alternate temporary improvements may be constructed subject to the approval of the Board, and cash or a certified check representing the difference between the value of the temporary improvements and the required improvements may be accepted by the Township Council to be credited toward the completion of such improvements at such time as the adjacent land develops.

[Ord. No. 94-29 § 118-14.28K]

The right-of-way width and other standards for internal roads and alleys in multifamily, commercial and industrial developments shall be as set forth herein by ordinance or determined by the Board on an individual basis and shall in all cases be of sufficient width and design to safely accommodate maximum traffic, parking and loading needs and maximum access for firefighting equipment and shall generally conform to the requirements herein.

[Ord. No. 94-29 § 118-14.28L]

There shall be no reserve strips or areas controlling access to streets except where control and disposal of the land comprising such strips or areas have been placed in the hands of the Governing Body under conditions approved by the Board.

SCHEDULE OF STREET DESIGN STANDARDS (Section 35-73)
	Local	Local Collector	Minor Collector Streets	Major Collector Streets	Minor Arterial Highways
Normal traffic Capacity (ADT)	500	1,000	1,000	2,500	10,000
Minimum right-of-way width	50 feet	60 feet	60 feet	70 feet	100 feet
Paving width:
Two-way	30 feet	30 feet	40 feet	50 feet	60 feet
One-way	22 feet	—	—	—	—
Shoulder (or parking area width)¹	—	—	—	—	2 @ 8 feet
Sidewalk width	4 feet	4 feet	4 feet	4 feet	4 feet
Design speed (mph)²	40	40	40	50	60
Minimum radius of horizontal curvature at centerline	150 feet	300 feet	500 feet	750 feet	2,000 feet
Minimum tangent between reverse curbs	100 feet	100 feet	200 feet	400 feet³	600 feet³
Maximum longitudinal grade	10%	8%	8%	6%	4%
Minimum longitudinal grade
Desirable	0.75%	0.75%	0.75%	0.75%	0.75%
Absolute	0.50%	0.50%	0.50%	0.50%	0.50%
Maximum longitudinal grade for 200 feet from each side of an intersection	3.50%	3.00%	3.00%	2.50%	—
Minimum curb return radius at intersection⁸	25 feet	25 feet	25 feet	35 feet	45 feet
Vertical curb⁴
Crest: Minimum length equals 100 feet, based on stopping sight distance at design speed
Sag: Minimum length equals 100 feet, based on headlight illumination and stopping sight distance at design speed
Maximum super-elevation	Not Required			6%	6%
Pavement cross-slope minimum	3.33%⁶	3.33%⁶	3.35%⁷	2%	1.50%⁷
Pavement cross-slope maximum	3.33%⁶	3.33%⁶	3.35%⁷	4%	3%
Curb face required⁵	6 in.	6 in.	8 in.	8 in.	8 in.
Minimum property line corner radius⁸	15 feet	15 feet	15 feet	25 feet	30 feet

Notes:
¹	Shoulders or parking areas as required may be reduced structural design.
²	For site distance and vertical curve calculation only.
³	Or as required to run off superelevation [1% per second of travel at design speed].
⁴	Not required if algebraic difference of intersecting grades does not exceed 1.
⁵	Except in superelevation areas.
⁶	6-inch crown.
⁷	8-inch crown.
⁸	When dissimilar streets intersect, the larger radius will be used.

[Ord. No. 06-09-OAB §§ 1 through 14; amended 12-21-2020 by Ord. No. 20-45-OAB; 3-22-2021 by Ord. No. 21-09-OAB]

Policy Statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure best management practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs or low-impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce the stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and 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.

Purpose. It is the purpose of this section to establish minimum stormwater management requirements and controls for "major development," as defined in Subsection 35-74.2, for certain lands of the Township of Berkeley that do not lie within the Pinelands Area.

Applicability.

This section shall be applicable to all site plans, subdivisions, and road improvement plans for the following major developments outside of the Pinelands Area that require preliminary or final site plan or subdivision review, or road improvement plan review:

Nonresidential major developments; and

Aspects of residential major developments that are not preempted by the residential site improvement standards at N.J.A.C. 5:21.

This section shall also be applicable to all major developments undertaken by the Township of Berkeley that lie outside of the Pinelands Area.

CAFRA CENTERS, CORES OR NODES

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 ordinance, 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.

Those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:7-13.16.

CAFRA PLANNING MAP

The map used by the Department to identify the locations for coastal planning areas, CAFRA centers, CAFRA cores and CAFRA nodes. The CAFRA Planning Map is available on the Department's Geographic Information System (GIS).

COMMUNITY BASIN

An infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this section.

COMPACTION

The increase in soil bulk density.

CONTRIBUTORY DRAINAGE AREA

The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.

CORE

A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY

An agency designated by the County Board of Chosen Freeholders[1] to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:

A county planning agency; or

ENVIRONMENTALLY CONSTRAINED AREA

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

The New Jersey Department of Environmental Protection.

DESIGN ENGINEER

A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

DESIGNATED CENTER

A state development and redevelopment plan center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.

DEVELOPMENT

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.

DISTURBANCE

The placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.

DRAINAGE AREA

A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.

EMPOWERMENT NEIGHBORHOOD

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.

The following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership such as wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

ENVIRONMENTALLY CRITICAL AREAS

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 wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice or gravity.

GREEN INFRASTRUCTURE

A stormwater management measure that manages stormwater close to its source by:

Treating stormwater runoff through infiltration into subsoil;

Treating stormwater runoff through filtration by vegetation or soil; or

HUC 14 or HYDROLOGIC UNIT CODE 14

Storing stormwater runoff for reuse.

An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

IMPERVIOUS SURFACE

A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

INFILTRATION

The process by which water seeps into the soil from precipitation.

LEAD PLANNING AGENCY

One or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.

MAJOR DEVELOPMENT

An individual development, as well as multiple developments that individually or collectively result in:

The disturbance of one or more acres of land since February 2, 2004;

The creation of 1/4 acre or more of regulated impervious surface since February 2, 2004;

The creation of 1/4 acre or more of regulated motor vehicle surface since March 2, 2021 (or the effective date of this section, whichever is earlier); or

A combination of Subsection a2 and 3 above that totals an area of 1/4 acre or more. The same surface shall not be counted twice when determining if the combination area equals 1/4 acre or more.

NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL

Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection a1, 2, 3, or 4 above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major development.

MOTOR VEHICLE

Land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low-speed vehicles. For the purposes of this definition, motor vehicle does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.

MOTOR VEHICLE SURFACE

Any pervious or impervious surface that is intended to be used by "motor vehicles" and/or aircraft, and is directly exposed to precipitations, including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.

MUNICIPALITY

Any city, borough, town, township, or village.

The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already-included practice reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Subsection 35-74.4g of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.

NODE

An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

NUTRIENT

A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERSON

Any individual, corporation, company, partnership, firm, association, Township of Berkeley, 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. Person shall also mean any state, interstate, or federal agency.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. Pollutant includes both hazardous and nonhazardous pollutants.

RECHARGE

The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

REGULATED IMPERVIOUS SURFACE

Any of the following, alone or in combinations:

A net increase of impervious surface;

The total area of impervious surface collected by a new stormwater conveyance system (for the purpose of this definition, a "new stormwater conveyance system" is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created);

The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or

REGULATED MOTOR VEHICLE SURFACE

The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.

Any of the following, alone or in combination:

The total area of motor vehicle surface that is currently receiving water;

A net increase in motor vehicle surface; and/or

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)

Quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.

SEDIMENT

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

The lot or lots upon which a major development is to occur or has occurred.

SOIL

All unconsolidated mineral and organic material of any origin.

An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.

STATE PLAN POLICY MAP

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

Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow-removal equipment.

STORMWATER MANAGEMENT BMP

An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE

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 nonstormwater discharges into stormwater conveyances.

STORMWATER MANAGEMENT PLANNING AGENCY

A public body authorized by legislation to prepare stormwater management plans.

STORMWATER MANAGEMENT PLANNING AREA

The geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.

STORMWATER RUNOFF

Water flow on the surface of the ground or in storm sewers, resulting from precipitation.

TIDAL FLOOD HAZARD AREA

A flood hazard area in which the flood elevation, resulting from the two-, ten- or 100-year storm, as applicable, is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent of the storm surface from a particular storm event, a flood hazard area may be tidal in the 100-year storm, but fluvial in more-frequent storm events.

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD

A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.

URBAN ENTERPRISE ZONE

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:

Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), designated centers, cores or nodes;

Designated as CAFRA centers, cores or nodes;

Designated as Urban Enterprise Zones; and

Designated as Urban Coordinating Council Empowerment Neighborhoods.

WATER-CONTROL STRUCTURE

A structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water-control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.

WATERS OF THE STATE

The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLANDS or WETLAND

An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."

Editor's Note: Pursuant to P.L. 2020, c. 67, effective January 1, 2021, the term "Board of Chosen Freeholders" shall be renamed the "Board of County Commissioners."

Design and Performance Standards for Stormwater Management Measures.

Stormwater management measures for major development shall be designed to provide the erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:

The minimum standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.

The minimum standards for groundwater recharge, stormwater quality and stormwater quantity shall be met by incorporating green infrastructure.

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.

The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection 35-74.10.

Stormwater management measures shall avoid adverse impacts of concentrated flow on habitats for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1 B-15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlnebergii (bog turtle).

The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsection 35-74.4p, q and r.

The construction of an underground utility line, provided that the disturbed areas are revegetated upon completion;

The construction of an aboveground utility line, provided that the existing conditions are maintained to the maximum extent practicable; and

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.

A waiver from strict compliance with the green infrastructure, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsection 35-74.4o, p, q and r may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:

The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;

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 Subsection 35-74.4o, p, q and r to the maximum extent practicable;

The applicant demonstrates that, in order to meet the requirements of Subsection 35-74.4o, p, q and r, existing structures currently in use, such as homes and buildings, would need to be condemned; and

The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection 35-74.4d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection 35-74.4o, p, q and r that were not achievable on-site.

Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Section 35-74.4o, p, q and r. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2 (f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at https://njstormwater.org/bmp_manual2.htm.

Where the BMP tables in the New Jersey stormwater management rule are different due to updates or amendments with the tables in this section, the BMP tables in the stormwater management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.

Table 1 Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High-Water Table (feet)
Cistern	0%	Yes	No	—
Dry well^(a)	0%	No	Yes	2
Grass swale	50% or less	No	No	2^(e) 1^(f)
Green roof	0%	Yes	No	—
Manufactured treatment device^(a)(g)	50% or 80%	No	No	Dependent upon the device
Pervious paving system^(a)	80%	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Small-scale bioretention basin^(a)	80% or 90%	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Small-scale infiltration basin^(a)	80%	Yes	Yes	2
Small-scale sand filter	80%	Yes	Yes	2
Vegetative filter strip	60% to 80%	No	No	—

Table 2 Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High-Water Table (feet)
Bioretention system	80% or 90%	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Infiltration basin	80%	Yes	Yes	2
Sand filter^(b)	80%	Yes	Yes	2
Standard constructed wetland	90%	Yes	No	N/A
Wet pond^(d)	50% to 90%	Yes	No	N/A

Table 3 BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High-Water Table (feet)
Blue roof	0%	Yes	No	N/A
Extended detention basin	40% to 60%	Yes	No	1
Manufactured treatment device^(h)	50% or 80%	No	No	Dependent upon the device
Sand filter^(c)	80%	Yes	No	1
Subsurface gravel wetland	90%	No	No	1
Wet pond	50% to 90%	Yes	No	N/A

Notes to Tables 1, 2, and 3:
(a)	Subject to the applicable contributory drainage area limitation specified at Subsection 35-74.4o2;
(b)	Designed to infiltrate into the subsoil;
(c)	Designed with underdrains;
(d)	Designed to maintain at least a ten-foot-wide area of native vegetation along at least 50% of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation;
(e)	Designed with a slope of less than 2%;
(f)	Designed with a slope of equal to or greater than 2%;
(g)	Manufactured treatment devices that meet the definition of green infrastructure at Subsection 35-74.2;
(h)	Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection 35-74.2.

An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection 35-74.6b. Alternative stormwater management measures may be used to satisfy the requirements at Subsection 35-74.4o only if the measures meet the definition of green infrastructure at Subsection 35-74.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection 35-74.4o2 are subject to the contributory drainage area limitation specified at Subsection 35-74.4o2 for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection 35-74.4o2 shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection 35-74.4d is granted from Section 35-74.4o.

Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact on the groundwater table and design the site so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high-water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.

Design standards for stormwater management measures are as follows:

Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high-water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);

Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection 35-74.8c;

Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the residential site improvement standards at N.J.A.C. 5:21-7.3, 5:21-7.4 and 5:21-7.5 shall be deemed to meet this requirement;

Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection 35-74.8; and

The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of 2 1/2 inches in diameter.

Manufactured treatment devices may be used to meet the requirements of this subsection, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection 35-74.2 may be used only under the circumstances described at Subsection 35-74.4o4.

Any application for a new agricultural development that meets the definition of major development at Subsection 35-74.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection 35-74.4o, p, q, and r and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.

If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 35-74.4p, q and r shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.

Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the office of the Ocean County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 35-74.4o, p, q, and r and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection 35-74.10b5. Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.

A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection 35-74.4 of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the office of the Ocean County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection m above. Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality in accordance with Subsection m above.

Green Infrastructure Standards.

This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.

To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection 35-74.4p and q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection 35-74.4f and/or an alternative stormwater management measure approved in accordance with Subsection 35-74.4g. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:

Best Management Practice	Maximum Contributory Drainage Area
Dry well	1 acre
Manufactured treatment device	2.5 acres
Pervious pavement systems	Area of additional inflow cannot exceed three times the area occupied by the BMP
Small-scale bioretention systems	2.5 acres
Small-scale infiltration basin	2.5 acres
Small-scale sand filter	2.5 acres

To satisfy the stormwater runoff quantity standards at Subsection 35-74.4r, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Subsection 35-74.4g.

If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection 35-74.4d is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection 35-74.4g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 35-74.4p, q and r.

For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection 35-74.4p, q and r, unless the project is granted a waiver from strict compliance in accordance with Subsection 35-74.4d.

Groundwater Recharge Standards.

This subsection contains the minimum design and performance standards for groundwater recharge as follows:

The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection 35-74.5, either:

Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual preconstruction groundwater recharge volume for the site; or

Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from preconstruction to post-construction for the two-year storm is infiltrated.

This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection p4 below.

The following types of stormwater shall not be recharged:

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

Industrial stormwater exposed to source material. "Source material" means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.

q.

Stormwater Runoff Quality Standards.

This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of 1/4 acre or more of regulated motor vehicle surface.

Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:

80% TSS removal of the anticipated load, expressed as an annual average, shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.

If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.

The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under an NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection q2, above, unless the major development is itself subject to an NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.

The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 4, below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.

Table 4 - Water Quality Design Storm Distribution
Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)
1	0.00166	41	0.1728	81	1.0906
2	0.00332	42	0.1796	82	1.0972
3	0.00498	43	0.1864	83	1.1038
4	0.00664	44	0.1932	84	1.1104
5	0.00830	45	0.2000	85	1.1170
6	0.00996	46	0.2117	86	1.1236
7	0.01162	47	0.2233	87	1.1302
8	0.01328	48	0.2350	88	1.1368
9	0.01494	49	0.2466	89	1.1434
10	0.01660	50	0.2583	90	1.1500
11	0.01828	51	0.2783	91	1.1550
12	0.01996	52	0.2983	92	1.1600
13	0.02164	53	0.3183	93	1.1650
14	0.02332	54	0.3383	94	1.1700
15	0.02500	55	0.3583	95	1.1750
16	0.03000	56	0.4116	96	1.1800
17	0.03500	57	0.4650	97	1.1850
18	0.04000	58	0.5183	98	1.1900
19	0.04500	59	0.5717	99	1.1950
20	0.05000	60	0.6250	100	1.2000
21	0.05500	61	0.6783	101	1.2050
22	0.06000	62	0.7317	102	1.2100
23	0.06500	63	0.7850	103	1.2150
24	0.07000	64	0.8384	104	1.2200
25	0.07500	65	0.8917	105	1.2250
26	0.08000	66	0.9117	106	1.2267
27	0.08500	67	0.9317	107	1.2284
28	0.09000	68	0.9517	108	1.2300
29	0.09500	69	0.9717	109	1.2317
30	0.10000	70	0.9917	110	1.2334
31	0.10660	71	1.0034	111	1.2351
32	0.11320	72	1.0150	112	1.2367
33	0.11980	73	1.0267	113	1.2384
34	0.12640	74	1.0383	114	1.2400
35	0.13300	75	1.0500	115	1.2417
36	0.13960	76	1.0568	116	1.2434
37	0.14620	77	1.0636	117	1.2450
38	0.15280	78	1.0704	118	1.2467
39	0.15940	79	1.0772	119	1.2483
40	0.16600	80	1.0840	120	1.2500

If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

R = A + B - (A x B)/100

Where:
R	=	Total TSS percent load removal from application of both BMPs
A	=	The TSS percent removal rate applicable to the first BMP
B	=	The TSS percent removal rate applicable to the second BMP

Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection 35-74.4p, q and r.

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.

The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.

Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.

These stormwater runoff quality standards do not apply to the construction of one individual single-family dwelling, provided that it is not part of a larger development or subdivision that has received preliminary or final site plan approval prior to December 3, 2018, and that the motor vehicle surfaces are made of permeable material(s) such as gravel, dirt, and/or shells.

r.

Stormwater Runoff Quantity Standards.

This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.

In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection 35-74.5, complete one of the following:

Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two-, ten-, and 100-year storm events do not exceed, at any point in time, the preconstruction runoff hydrographs for the same storm events;

Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the preconstruction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten- and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;

Design stormwater management measures so that the post-construction peak runoff rates for the two-, ten- and 100-year storm events are 50%, 75% and 80%, respectively, of the preconstruction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or

In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection r2(a), (b) and (c) above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water-control structure.

The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.

Stormwater runoff shall be calculated in accordance with the following:

The design engineer shall calculate runoff using one of the following methods:

The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15, 16, Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available at https://www.nrcs.usda.gov/Internet/FSE DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or

The Rational Method for peak flow and the Modified Rational Method for hydrograph computations. The Rational and Modified Rational Methods are described in "Appendix A-9 Modified Rational Method" in the Standards for Soil Erosion and Sediment Control in New Jersey, January 2014. This document is available from the State Soil Conservation Committee or any of the Soil Conservation Districts listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number for each Soil Conservation District is available from the State Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625. The document is also available at http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionContr olStandardsComplete.pdf.

For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology at Subsection 35-74.5a1(a) and the Rational and Modified Rational Methods at Subsection 35-74.5a1(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 has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

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.

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.

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.

Groundwater recharge may be calculated in accordance with the following:

The New Jersey Geological Survey Report GSR-32 A Method for Evaluating Ground-Water Recharge Areas in New Jersey, incorporated herein by reference, as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at https:www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New Jersey Geological and Water Survey, 29 Arctic Parkway, P.O. Box 427, Trenton, New Jersey, 08625-0420; (609) 984-6587.

Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department's website at http://www.nj.gov/dep/stormwater/bmp manual2.htm.

Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2 and 3.

Additional maintenance guidance is available on the Department's website at https://www.njstormwater.org/maintenance guidance.htm.

Submissions required for review by the Department should be mailed to The Division of Water Quality, New Jersey Department of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.

Site design features identified under Subsection 35-74.4f above or alternative designs in accordance with Subsection 35-74.4g above, to prevent discharge of trash and debris from drainage systems, shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, settleable solids. For exemptions to this standard see Subsection 35-74.7a2 below.

Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

The New Jersey Department of Transportation (NJDOT) bicycle-safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or

A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inch across the smallest dimension.

Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curbing portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.

For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.

The standard in Subsection 35-74.7a1 above does not apply:

Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than 9.0 square inches;

Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;

Where flows from the water quality design storm as specified in N.J.A.C. 7:8 are conveyed through any device (e.g., end-of-pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or

A bar screen having a bar spacing of 1/2 inch.

Note that these exemptions do not authorize any infringement of requirements in the residential site improvement standards for bicycle-safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1].

Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the water quality design storm as specified in N.J.A.C. 7:8; or

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.

This subsection sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This subsection applies to any new stormwater management BMPs.

The provisions of this subsection are not intended to preempt more-stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection 35-74.8c1, 2 and 3 for trash racks, overflow grates, and escape provisions at outlet structures.

Requirements for Trash Racks, Overflow Grates and Escape Provisions.

A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management BMP to ensure proper functioning of the BMP outlets in accordance with the following:

The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars.

The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure.

The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack.

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 pounds per square foot.

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:

The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.

The overflow grate spacing shall be no less than two inches across the smallest dimension.

The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be be designed to withstand a perpendicular live loading of 300 pounds per square foot.

Stormwater management BMPs shall include escape provisions as follows:

If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the reviewing agency identified in Subsection 35-74.8d, a freestanding outlet structure may be exempted from this requirement.

Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Such safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See Subsection 35-74.8e for an illustration of safety ledges in a stormwater management basin.

In new stormwater management BMPs, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.

Variance or Exemption from Safety Standards.

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.

Safety Ledge Illustration:

Submission of Site Development Stormwater Plan.

Whenever an applicant seeks municipal approval of a development subject to this subsection, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection 35-74.9c below as part of the submission of the applicant's application for subdivision or site plan approval. In addition, the applicant shall refer to the Revised General Ordinances of the Township of Berkeley, Chapter 35, Article XVII, Checklists, for additional submission requirements for subdivision or site plan approval.

The applicant shall demonstrate that the project meets the standards set forth in this subsection.

The applicant shall submit 12 copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection 35-74.9c of this section.

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 review 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 subsection.

Checklist Requirements. The following information shall be required:

Topographic Base Map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.

Environmental Site Assessment and Environmental Impact Statement. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.

Refer to the Revised General Ordinances of the Township of Berkeley, Chapter 35, Article X, § 35-56, for other requirements of the environmental impact statement.

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-groundwater elevations. A written description of the site plan and justification of proposed changes in natural conditions shall also be provided.

Additional requirements are listed in the Revised General Ordinances of the Township of Berkeley, Chapter 35, Article VIII, Development Applications.

Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of Subsection 35-74.3 through 35-74.5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.

Stormwater Management Facilities Map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.

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.

Calculations.

Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Subsection 35-74.4 of this section.

When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high-water table, then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.

Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection 35-74.10.

Waiver from Submission Requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipal engineer, waive submission of any of the requirements in Subsection 35-74.9c1 through 6 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.

Stormwater Review Fee. In addition to the development review fees listed in the Revised General Ordinances of the Township of Berkeley, § 35-8, subdivisions and site plans requiring preliminary or final approval, and road improvement plans, that all meet the latest definition of "major development" per N.J.A.C. 7:8-1.2, shall pay the following additional nonrefundable fee to the Township of Berkeley by cash, check or bank money order:

Subdivision Fees.

Preliminary Approval, Major Subdivision.

Number of Lots	Fee
0 to 10	$1,500
11 to 24	$1,500 + $50 per lot
25 to 100	$2,500 + $25 per lot
101+	$3,500 + $15 per lot

Final Approval, Major Subdivision: 1/2 of the preliminary major subdivision stormwater review fee, with a minimum fee of $1,500 for each submission.

Minor subdivisions: $1,000.

Site Plan Fee Schedule.

Preliminary Site Plan Application.

New nonresidential development, including any alterations; additions or changes of use:

Acreage	Fee
Up to 2 acres	$2,000
Over 2.0 acres	$2,000 + $250 per acre or portion thereof for each additional acre

(ii)

Public, quasi-public and nonprofit institutions and agencies not subject to approval of other governmental agencies, churches and other similar uses:

Acreage	Fee
Up to 2 acres	$500
Over 2.0 acres	$1,000

(iii)

Residential dwelling units, such as multifamily development and condominium development: $100 per dwelling unit; minimum fee of $1,500.

Final Site Plan Application.

New Construction.

Acreage	Fee
Up to 2 acres	$1,000
Over 2.0 acres	$1,000 + $125 per acre or portion thereof for each additional acre

(ii)

Public and quasi-public.

Acreage	Fee
Up to 2 acres	$250
Over 2.0 acres	$500 + $125 per acre or portion thereof for each additional acre

(iii)

Residential dwelling units: $75 per unit; minimum fee of $1,500.

Minor Site Plan Application.

All uses and construction: $1,000.

The above checklist is to be in addition to the submission requirements listed in the Revised General Ordinances of the Township of Berkeley, Chapter 35, Article XVII, and plat requirements listed in Chapter 35, Article VIII.

Applicability.

Projects subject to review as in Subsection 35-74.10c of this section shall comply with the requirements of Subsection 35-74.10b and c. In addition, refer to Revised General Ordinances of the Township of Berkeley, Chapter 35, Article X, Design Standards, for additional maintenance provisions.

General Maintenance.

The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.

The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the New Jersey BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.

If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.

Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.

If the person responsible for maintenance identified under Subsection 35-74.10b3 above is not a public agency, the maintenance plan and any future revisions based on Subsection 35-74.10b7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.) of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.

The person responsible for maintenance identified under Subsection 35-74.10b3 above shall perform all of the following requirements:

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.

Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and

Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection 35-74.10b6 and 7 above.

The requirements of Subsection 35-74.10b3 and 4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.

In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the Municipal Engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or county may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.

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.

Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall, upon conviction, be liable to the penalty(ies) stated in Chapter 1, § 1-5, of the Revised General Ordinances of the Township of Berkeley.

This section shall take effect immediately upon the approval by the county review agency and 20 days after its passage by the Township Council and approval by the Mayor, where such approval is required by law.

All ordinances or resolutions or parts of ordinances or resolutions inconsistent herewith are hereby repealed to the extent of such inconsistency.

If the provisions of any section, subsection, sentence, paragraph, subdivision, or clause and phrase of this section is declared to be an independent section, subsection, sentence, paragraph, subdivision, or clause and phase, and the finding or holding of any such portion of this section is judged to be unconstitutional, void, or ineffective for any cause or reason by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any other portion of this section.

[Ord. No. 94-29 § 118-14.31; Ord. No. 98-40 § 1]

Street lights shall be of a type approved by the Township of Berkeley and GPU Energy. They shall be located to provide the minimum average maintained levels of illumination as recommended by the Illuminating Engineering Society of North America for each specific application. The developer shall pay the full cost for initial installation of any street lights. After final acceptance, operation and maintenance costs shall be the responsibility of the Township.

Street lights shall be installed in accordance with GPU Energy and Berkeley Township standards and requirements. The Developer shall be responsible for payment of all costs associated with the initial installation of street lights as determined by GPU Energy's Contributory Street Lighting Program.

All street lights shall be installed with underground wiring. They shall be of a style and design compatible with the nature and design of the development and shall be approved by the Board.

[Ord. No. 94-29 § 118-14.32]

Street signs shall be made of extruded aluminum and of a size, color and quality to be approved, in writing, by the Berkeley Township Road Department prior to installation. They shall be erected on steel posts with stabilizing pins and set in Class C concrete in a workmanlike manner. At street intersections, one post shall carry two signs at right angles to denote the name of each street. Posts shall be 10 feet overall, with three feet in the ground, surrounded with concrete.

All traffic signals shall conform to standards required by the State Department of Transportation, as well as to any additional requirements imposed by the Chief of the Traffic Safety Bureau and the Township Engineer that are not inconsistent with the requirements imposed by the State Department of Transportation. The foregoing shall be a bondable item.

The developer shall, prior to final acceptance, install all traffic control devices required within any development. Traffic control devices shall include but are not limited to signs, traffic lines, lights, reflectors and channelizing markers. The number, type, legend, placement and size of all traffic control devices shall be in accordance with the Manual on Uniform Traffic Control Devices by the United States Department of Transportation and the requirements of municipal, County and State regulations and shall be according to an approved plan submitted at the time of final plat approval. Construction details of all proposed traffic control devices shall be in accordance with standards prepared by the Township Engineer and approved by the Township Committee.

At least one of the corners of each intersection of streets, roads, avenues or other highways in each development shall be marked by a new 50 grade metal street sign, properly lettered to indicate the highways at the intersection. Each of the signs shall be furnished and erected by the developer. Each of the signs shall be erected on a substantial metal signpost furnished by the developer and erected in a manner and location approved by the Township Engineer. The type, quality and size of the signs and signposts shall be comparable to those in common use in and by the municipality.

[Ord. No. 94-29 § 118-14.33]

All utility lines and necessary appurtenances, including but not limited to electric transmission and electric, gas and water distribution, communications, streetlighting and cable television, shall be installed underground within easements or dedicated public rights-of-way. The developer shall arrange with the serving utility for the underground installation of the utility's supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions of its tariff, as the same are then on file with the State of New Jersey Board of Public Utility Commissioners, and shall submit to the Planning Board, prior to the granting of approval, a written instrument from each serving utility which shall evidence full compliance with the provisions of this section; provided, however, that lots which abut existing easements or public rights-of-way where overhead utility lines have theretofore been installed may be supplied with service from such overhead lines if no new utility poles are required. In any event, new building service connections for all multifamily developments, shopping centers, industrial parks and planned retirement communities, and for any industrial, commercial or office development containing a floor area of 10,000 square feet or more, shall be installed underground. All other new building service connections shall also be installed underground unless specific waiver is granted by the Board. Wherever the utility is not installed in the public right-of-way, an appropriate utility easement shall be provided in accordance with the requirements of the respective utility authority.

[Ord. No. 94-29 § 118-14.34]

The design, construction and approval of all public and individual water supply systems, or extensions of existing systems, shall be under the jurisdiction of the owner of the utility, the Berkeley M.U.A. or Township Board of Health (and the State of New Jersey), respectively. Prior to the approval of any final plat, the full approval of any public water system must have been obtained from the appropriate agency and filed with the Board, or the final approval will be conditioned upon full approval from the appropriate agency.

[Ord. No. 94-29 § 118-14.35]

Where on-site grading plans of a proposed development are required, such plan shall show existing contours and proposed finished-surface elevations for the grading of all lots in the development. Elevations shall be indicated at all lot corners and intermedial points as required to adequately provide for the surface water runoff to the streets or storm sewer inlets. Where necessary, off-site storm sewers shall be provided.

Lot grading shall be in compliance with Subsection 11-1.5 of the Code of the Township of Berkeley.

Applications for individual building permits for new construction shall meet the submission requirements and shall comply with Chapter 11 entitled, Buildings, of the Code of the Township of Berkeley.

[Ord. No. 94-29 § 118-14.36]

All applications by developers for municipal acceptance of streets shall be accompanied by a plan showing as-built surface elevations, prepared and certified to by a licensed professional engineer or land surveyor. This plan shall indicate existing finished-surface elevations at all lot corners, house corners and all other locations necessary to show that surface water will run off without causing flooding of the land or buildings and that positive surface drainage is provided away from all buildings constructed within the development.