The purpose of subdivision and site plan design guidelines are
to create a functional and attractive development of property, to
minimize adverse impacts, and to ensure a project will be an asset
to the community. Design guidelines provide a framework for sound
planning; design standards set forth specific improvement requirements.
The following guidelines shall be utilized in the design and
review of an application for subdivision and site plan:
In filing an application for development, the applicant shall
comply with the following subdivision and site plan design standards,
subject to preemption by State Residential Site Improvements Standards
for residential developments.
Monuments shall be provided in accordance with R.S. 46:23-9.11.
All monuments not installed at the time of final subdivision approval
shall require a cash performance bond.
Land deemed by the Planning Board to be uninhabitable for any other reason specified in Section
13-8.202A shall not be platted for residential or nonresidential occupancy, nor for other such uses as may increase danger to health, life or property, or aggravate the flood hazard; but such land within the plat may be set aside for such uses as will not be endangered by periodic or occasional inundation or will not produce unsatisfactory living conditions and in accordance with N.J.S.A. 7:13:1-1. For development controls in flood hazard areas, see Section
13-7.823.
In filing an application for development, the applicant shall
comply with the following soil erosion and sediment control standards:
The soil erosion and sediment control plan shall meet or exceed
the "Standards and Specifications for Soil Erosion and Sediment Control",
adopted by the Morris County Soil Conservation District and, in addition,
shall meet all of the following standards:
A. Each soil erosion and sediment control plan shall contain the following
data:
1. A soil map prepared by the Soil Conservation Service upon which the
proposed development shall be superimposed. The soil boundaries shall
also be shown on the plan at a scale of 1"-100' or less.
2. A location and description of existing natural and man-made features
on and surrounding the site, including general topography.
3. Location and description of proposed changes to the site including
proposed grading.
4. Temporary and permanent measures to be utilized to control, minimize
and protect against soil erosion, sedimentation from a proposed land
disturbance, taking into account the particular nature and characteristics
of the land. The plan shall cover all stages and aspects of the proposed
land disturbance and planned development from grading, stripping,
excavation and other site preparation through and including both final
grading and the installation of permanent improvements.
5. A schedule of the sequence of installation of planned erosion and
sediment control measures as related to the progress of the project
including starting and completion dates.
6. All proposed revisions of data required shall be submitted for approval.
7. A map showing existing and proposed contours, at two (2) foot intervals
except where slopes are three (3%) percent or less and then one (1)
foot intervals are required, of the land prior to disturbance and
the proposed contours to be created.
B. Each soil erosion and sediment control plan shall conform to the
following general design principles:
1. Control measures shall apply to all aspects of the proposed land
disturbance and shall be in operation during all stages of the disturbance
activity.
2. The smallest practical area of land shall be exposed at any time
during development and when feasible, a natural vegetation shall be
retained and protected.
3. Vegetative protection or mulching shall be used to protect critical
erosion areas during development.
4. Temporary and permanent diversions and outlets shall be constructed
or installed to accommodate the increased runoff caused by the changed
soil and surface conditions during and after development.
5. Sediment basins, debris basins, desilting basins or silt traps shall
be installed to trap and remove sediment from runoff waters, thereby
keeping grading, stripping and excavation to a minimum.
6. Adequate provisions shall be made to minimize surface water from
damaging slopes and embankments. Diversion structures consisting of
temporary compacted earth embankments bales of straw, ditches, and
furrows that can quickly be constructed to intercept surface water
runoff before it reaches erodible areas.
7. Temporary cut and fill slopes shall not be steeper than 2:1 unless
stabilized by a retaining wall or cribbing, except as approved by
the Planning Board when handled under special conditions, and supported
by technical specifications.
8. Adequate provisions shall be made to prevent surface water from damaging
the cut face of excavation and the sloping surfaces of fill areas.
9. Cut and fill areas shall not endanger adjoining property.
10.
Fill shall be placed and compacted so as to minimize sliding
or erosion of the soil.
11.
Fills shall not encroach on natural water courses or constructed
channels.
12.
Fills placed adjacent to natural water courses or constructed
channels shall have suitable protection against erosion.
13.
Grading will not be done in such a way as to divert surface
water onto the property of another landowner without the expressed
consent of the Planning Board.
14.
Permanent final plant cover - lawn, ground cover, etc., shall
be installed as quickly as possible on any site. A minimum six (6)
inch layer of compacted topsoil shall be provided to establish the
permanent cover.
15.
Permanent improvements, such as roads, catch basins, curbs,
etc. shall be installed or constructed whenever feasible to temporarily
retain the increased runoff resulting from modifications to the land.
C. All necessary soil erosion and sediment control measures installed under this Section shall be adequately maintained after completion of the approved plan until such measures are approved by the Township Engineer. Prior to the acceptance of the work performed in accordance with the approved plan, provision shall be made by the applicant for a maintenance guarantee pursuant to Section
13-4.3.
D. Regular inspection of projects to determine execution in accordance
with the approved plan shall be carried out by the Township Engineer.
The Township Engineer shall determine at each inspection whether or
not the provisions of the approved plan are being followed by the
applicant. The Township Engineer shall request immediate compliance
with the approved plan. The Township Engineer may issue a stop-construction
order if the applicant fails to comply with the provisions of the
approved plan within five (5) working days. When a stop-construction
order is issued, no further construction activity may take place until
the applicant is in compliance with all provisions of the approved
plan. The Building Inspector or Zoning Officer shall not issue a Certificate
of Occupancy for a project unless there has been compliance with the
provisions of an approved plan for permanent measures. The Township
Engineer shall provide the Building Inspector or Zoning Officer with
a report of compliance upon completion of the project.
E. Certain words, terms and phrases which relate directly to soil erosion
and sediment control shall have the following meanings:
APPROVED PLAN
shall mean a plan to control soil erosion and sedimentation
which has been approved by the Planning Board.
EXCAVATION OR CUT
shall mean any act by which soil or rock is cut into, dug,
quarried, uncovered, removed, displaced or relocated.
EROSION
shall mean detachment and movement of soil or rock fragments
by water, wind, ice and gravity.
FARM CONSERVATION PLAN
shall mean a plan which provides for use of land, within
its capabilities and treatment, within its practical limits, according
to the chosen use to prevent further deterioration of soil and water
resources.
LAND
shall mean any ground soil or earth including marshes, swamps,
drainageways and areas not permanently covered by water within the
municipality.
LAND DISTURBANCE
shall mean any activity involving the clearing, grading,
transporting, filling and any other activity which causes land to
be exposed to the danger of erosion.
MULCHING
shall mean the application of plant residue or other suitable
materials to the land surface to conserve moisture, hold soil in place
and aid in establishing plant cover.
SEDIMENT
shall mean solid material, both mineral and 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.
SEDIMENT BASIN
shall mean a barrier or dam built at suitable locations to
retain rock, sand, gravel, silt or other material.
SOIL EROSION AND SEDIMENT CONTROL PLAN
shall mean a plan, which fully indicates necessary land treatment
measures, including a schedule of the timing for their installation,
will effectively minimize soil erosion and sedimentation. Such measures
shall be at least equivalent to the standards and specifications as
adopted by the Morris County Soil Conservation District.
SOIL
shall mean all unconsolidated mineral and organic material
of any origin.
SOIL CONSERVATION DISTRICT
shall mean a governmental subdivision of this State, which encompasses this municipality, organized in accordance with the provisions of Chapter
24, Title 4, N.J.R.S.
SITE
shall mean any plat, parcel or parcels of land.
STRIPPING
shall mean any activity which significantly disturbs vegetated
or otherwise stabilized soil surfaces including clearing and grubbing
operation.
VEGETATIVE PROTECTION
shall mean the stabilization of erosive or sediment producing
areas of land by covering the soil with one or more of the following:
(a) permanent seeding or permanent plantings producing long-term vegetative
cover of land; (b) short-term seeding or short-term plantings producing
temporary vegetative cover of land; (c) sodding, producing areas covered
with a turf or perennial sod-forming grass.
WATERCOURSE
shall mean any natural or artificial stream, river, creek,
ditch, channel, canal, conduit, culvert, drain, gull, ravine, wash,
or other waterway in which water flows in a definite direction, either
continuously or intermittently, within a definite channel and including
any area adjacent thereto subject to flooding.
[Ord. No. 06-07 § 13-8.400;
amended 4-13-2021 by Ord. No. 12-21]
A. Policy Statement.
1. In filing an application for general development plan, preliminary
major subdivision or preliminary major site plan, the applicant shall
comply with the following stormwater management requirements:
2. Flood control, groundwater recharge, and pollutant reduction shall
be achieved through the use of stormwater management measures, including
green infrastructure best management practices (GI BMPs) and nonstructural
stormwater management strategies. GI BMPs and low-impact development
(LID) should be utilized to meet the goal of maintaining natural hydrology
to reduce stormwater runoff volume, reduce erosion, encourage infiltration
and groundwater recharge, and reduce pollution. GI BMPs and LID should
be developed based upon physical site conditions and the origin, nature
and the anticipated quantity, or amount, of potential pollutants.
Multiple stormwater management BMPs may be necessary to achieve the
established performance standards for water quality, quantity, and
groundwater recharge.
B. Purpose. To protect the public health, safety and welfare of the
citizens of the Township of Roxbury and the surrounding communities
by establishing minimum stormwater management requirements and controls
for "major and minor developments," as defined in 13-8.401. These
provisions are deemed necessary and essential in order to:
1. Maintain the adequacy of natural stream channels and prevent accelerated
bank erosion by controlling the rate and velocity of runoff discharge
to these watercourses.
2. Prevent disruption of the stream vegetation caused by excessive flushing
and sedimentation.
3. Prevent degradation of stream water quality due to impairment of
the stream's biological function.
4. Enhance the quality of nonpoint runoff by water detention and/or
retention measures.
5. Preserve present adequacy of culverts and bridges by suppressing
artificially induced flood peaks.
6. Reduce public expenditures for replacement or repair of public facilities
resulting from artificially induced flood peaks.
7. Prevent damages to life and property from flooding resulting from
excessive rates and velocities of runoff.
8. Prevent the degradation of property by enhancing the environmental
character of the streams of the Township.
9. Provide a means to remove pollutants from stormwater runoff through
filtration.
10.
Preserve the existing groundwater recharge potential of a site.
C. Applicability.
1. This section shall be applicable to all site plans and subdivisions
for the following developments that require preliminary or final site
plan or subdivision review:
(a)
Nonresidential major developments; and
(b)
Nonresidential minor developments; and
(c)
Aspects of residential major developments that are not preempted
by the Residential Site Improvement Standards at N.J.A.C. 5:21.
2. This section shall also be applicable to all major developments undertaken
by the Township of Roxbury.
D. Compatibility with Other Permit and Ordinance Requirements. Development
approvals issued for subdivisions and site plans pursuant to this
section are to be considered an integral part of development approvals
under the subdivision and site plan review process and do not relieve
the applicant of the responsibility to secure required permits or
approvals for activities regulated by any other applicable code, rule,
act, or ordinance. In their interpretation and application, the provisions
of this section shall be held to be the minimum requirements for the
promotion of the public health, safety, and general welfare. This
section is not intended to interfere with, abrogate, or annul any
other ordinances, rule or regulation, statute, or other provision
of law except that, where any provision of this section imposes restrictions
different from those imposed by any other ordinance, rule or regulation,
or other provision of law, the more restrictive provisions or higher
standards shall control.
E. Review and Approval. The Board's consideration of applications may
be guided by, but not limited to, the following factors:
1. The suitability of the applicant's proposed stormwater management
measures, devices and planning techniques, whether involving on-site
or off-site measures, or some combination thereof, in respect to the
total surface runoff, velocities and rates of discharge which the
applicant's proposed construction or land disturbance may generate.
2. Existing topography, present vegetation and hydrologic soil factors,
as shown on maps entitled "Hydrologic Soils, USDA Soil Conservation
Service," subject to field verification.
3. Groundwater recharge and discharge areas and wet soils, subject to
field verification.
4. Seasonal high groundwater table as determined by on-site soil evaluation
and groundwater study.
6. Natural drainage flow and patterns throughout the sub watershed(s)
affected by the plan.
7. Land uses in both the immediate vicinity and surrounding drainage
region.
8. Any other applicable or relevant environmental and resource protection
ordinance, statutes and regulations.
[Ord. No. 06-07 § 13-8.402;
amended 4-13-2021 by Ord. No. 12-21]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2 and supplemented as per the Township of
Roxbury ordinances.
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 chapter.
CONSERVATION EASEMENT
A recorded agreement or covenant running with the land which
limits all land or vegetation disturbance in favor of a reservation
for natural open space; each agreement to be entered into between
the applicant and the municipality.
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 Board of County Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
A.
A county planning agency; or
B.
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
land, "development" means any activity that requires a state permit,
any activity reviewed by the County Agricultural Board (CAB) and the
State Agricultural Development Committee (SADC), and municipal review
of any activity not exempted by the Right to Farm Act, N.J.S.A 4:1C-1
et seq.
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.
ENVIRONMENTALLY CONSTRAINED AREA
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 AREA
An area or feature which is of significant environmental
value, including but not limited to stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
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:
A.
Treating stormwater runoff through infiltration into subsoil;
B.
Treating stormwater runoff through filtration by vegetation
or soil; or
C.
Storing stormwater runoff for reuse.
HUC 14 or HYDROLOGIC UNIT CODE 14
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
A.
An individual development, as well as multiple developments
that individually or collectively result in:
1.
The disturbance of one or more acres of land since February
2, 2004;
2.
The creation of 1/4 acre or more of regulated impervious surface
since February 2, 2004;
3.
The creation of 1/4 acre or more of regulated motor vehicle
surface since March 2, 2021; or
4.
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.
B.
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.
MINOR DEVELOPMENT
Any development that provides for ultimately disturbing more
than 10,000 square feet of land but less than one acre of land and/or
the creation of more than 5,000 square feet but less than 1/4 acre
of new impervious surface. Disturbance for the purpose of this rule
is the placement of impervious surface or exposure and/or movement
of soil or bedrock or cleaning, cutting, or removal of vegetation.
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
precipitation including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with §
13-8.403F of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
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, the Township of Roxbury 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. and 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 combination:
A.
A net increase of impervious surface;
B.
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);
C.
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
D.
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
REGULATED MOTOR VEHICLE SURFACE
Any of the following, alone or in combination:
A.
The total area of motor vehicle surface that is currently receiving
water;
B.
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
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.
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 system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
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 surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
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 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."
[Ord. No. 06-07 § 13-8.402;
amended 4-13-2021 by Ord. No. 12-21]
Design and performance standards for stormwater management measures
are as follows:
A. Stormwater management measures for major development shall be designed
to provide erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment as follows:
1. The minimum standards for erosion control are those established under
the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing
rules at N.J.A.C. 2:90.
2. The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
Stormwater management measures for minor development projects shall meet erosion control, groundwater recharge and runoff quantity standards as defined in § 13-8.403. Minor D\developments are encouraged to meet these standards and the runoff quality standards by incorporating nonstructural stormwater management strategies into the design. If these strategies are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.
|
B. The standards in this section only apply to new major and minor development
projects 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, provided that any alternative standards shall provide at least
as much protection from stormwater-related loss of groundwater recharge,
stormwater quantity and water quality impacts of major development
projects as would be provided under the standards in N.J.A.C. 7:8-5.
1. A single residential lot created by subdivision that has a total
land disturbance of less than one acre and proposed impervious coverage
less than 1/4 acre may, in lieu of the requirements of this section,
utilize the following methodology for providing stormwater quantity
reduction: providing drywell storage for a volume equal to the roof
area of proposed dwelling multiplied by 2.5 inches. The design shall
consider soil suitability, topography and vegetation. Construction
details shall be approved by the Township Engineer.
2. Floor drains in commercial establishments, where proposed, shall
be provided with adequate water quality control upstream of connections
to storm sewers that drain into wetlands, surface waters or groundwaters.
Untreated floor drains shall not be permitted to flow from garden
centers or any area where hazardous materials are stored.
[Ord. No. 06-07 § 13-8.403;
amended 4-13-2021 by Ord. No. 12-21]
A. The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with §
13-8.409. Minor development projects shall comply with the quantity reduction and groundwater recharge requirements of this section.
B. Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
C. The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of §
13-8.403P, Q and R:
1. The construction of an underground utility line, provided that the
disturbed areas are revegetated upon completion;
2. The construction of an aboveground utility line provided that the
existing conditions are maintained to the maximum extent practicable;
and
3. The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
D. A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of §
13-8.403O, P, Q and R may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
1. The applicant demonstrates that there is a public need for the project
that cannot be accomplished by any other means;
2. The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of §
13-8.403O, P, Q and R to the maximum extent practicable;
3. The applicant demonstrates that, in order to meet the requirements of §
13-8.403O, P, Q and R, existing structures currently in use, such as homes and buildings, would need to be condemned; and
4. The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of §
13-8.403O, P, Q and R that were not achievable on-site.
E. Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in §
13-8.403O, 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://www.njstormwater.org/bmp_manual2.htm.
F. Where the BMP tables in the NJ Stormwater Management Rule are different
due to updates or amendments with the tables in 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
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation From Seasonal High Water Table
(feet)
|
---|
Cistern
|
0%
|
Yes
|
No
|
—
|
Dry well(a)
|
0%
|
No
|
Yes
|
2
|
Grass swale
|
50% or less
|
No
|
No
|
2(e)
1(f)
|
Green roof
|
0%
|
Yes
|
No
|
—
|
Manufactured treatment device(a)(g)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
Pervious paving system(a)
|
80%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small-scale bioretention basin(a)
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small-scale infiltration basin(a)
|
80%
|
Yes
|
Yes
|
2
|
Small-scale sand filter
|
80%
|
Yes
|
Yes
|
2
|
Vegetative filter strip
|
60% to 80%
|
No
|
No
|
—
|
[Notes corresponding to annotations (a) through (g) are found
following Table 3.]
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
With a Waiver or Variance From N.J.A.C. 7:8-5.3)
|
---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation From Seasonal High Water Table
(feet)
|
---|
Bioretention system
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Infiltration basin
|
80%
|
Yes
|
Yes
|
2
|
Sand filter(b)
|
80%
|
Yes
|
Yes
|
2
|
Standard constructed wetland
|
90%
|
Yes
|
No
|
N/A
|
Wet pond(d)
|
50% to 90%
|
Yes
|
No
|
N/A
|
[Notes corresponding to annotations (b) through (d) are found
following Table 3.]
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
Only With a Waiver or Variance From N.J.A.C. 7:8-5.3
|
---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation From Seasonal High Water Table
(feet)
|
---|
Blue roof
|
0%
|
Yes
|
No
|
N/A
|
Extended detention basin
|
40% to 60%
|
Yes
|
No
|
1
|
Manufactured treatment device(h)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
Sand filter(c)
|
80%
|
Yes
|
No
|
1
|
Subsurface gravel wetland
|
90%
|
No
|
No
|
1
|
Wet pond
|
50% to 90%
|
Yes
|
No
|
N/A
|
NOTES TO TABLES 1, 2, AND 3:
|
---|
(a)
|
Subject to the applicable contributory drainage area limitation
specified at § 13-8.403O2.
|
(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 § 13-8.401.
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at § 13-8.401.
|
G. An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with §
13-8.405B. Alternative stormwater management measures may be used to satisfy the requirements at §
13-8.403O only if the measures meet the definition of green infrastructure at §
13-8.401. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 13-8.403O2 are subject to the contributory drainage area limitation specified at § 13-8.403O2 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 § 13-8.403O2 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 §
13-8.403D is granted from §
13-8.403O.
H. Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
I. Design standards for stormwater management measures are as follows:
1. Stormwater management measures shall be designed to take into account
the existing site conditions, including, but not limited to, environmentally
critical areas; wetlands; flood-prone areas; slopes; depth to seasonal
high water table; soil type, permeability, and texture; drainage area
and drainage patterns; and the presence of solution-prone carbonate
rocks (limestone);
2. Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of §
13-8.407C;
3. Stormwater management measures shall be designed, constructed, and
installed to be strong, durable, and corrosion-resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5
shall be deemed to meet this requirement;
4. Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at §
13-8.407; and
5. The size of the orifice at the intake to the outlet from the stormwater
management BMP shall be a minimum of 2 1/2 inches in diameter.
J. Manufactured treatment devices may be used to meet the requirements of this subsection, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at §
13-8.401 may be used only under the circumstances described at § 13-8.403O4.
K. Any application for a new agricultural development that meets the definition of major development at §
13-8.401 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at §
13-8.403O, P, Q and R and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
L. If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at §
13-8.403P, Q and R shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
M. Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the office of the 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 §
13-8.403O, 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 § 13-8.409B5. Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
N. A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to §
13-8.403 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 County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection M above. Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality in accordance with Subsection M above.
O. Green Infrastructure Standards.
1. This subsection specifies the types of green infrastructure BMPs
that may be used to satisfy the groundwater recharge, stormwater runoff
quality, and stormwater runoff quantity standards.
2. To satisfy the groundwater recharge and stormwater runoff quality standards at §
13-8.403P and Q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at §
13-8.403F and/or an alternative stormwater management measure approved in accordance with §
13-8.403G. 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
|
3. To satisfy the stormwater runoff quantity standards at §
13-8.403R, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with §
13-8.403G.
4. If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with §
13-8.403D 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 §
13-8.403G may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at §
13-8.403P, Q and R.
5. For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at §
13-8.403P, Q and R, unless the project is granted a waiver from strict compliance in accordance with §
13-8.403D.
P. Groundwater Recharge Standards.
1. This subsection contains the minimum design and performance standards
for groundwater recharge as follows:
2. The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at §
13-8.404, either:
(a)
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual preconstruction groundwater recharge volume for the site; or
(b)
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from preconstruction to post-construction
for the two-year storm is infiltrated.
3. This groundwater recharge requirement does not apply to projects
within the urban redevelopment area, or to projects subject to Subsection
P4 below.
4. The following types of stormwater shall not be recharged:
(a)
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
(b)
Industrial stormwater exposed to source material. "Source material"
means any material(s) or machinery, located at an industrial facility,
that is directly or indirectly related to process, manufacturing or
other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
Q. Stormwater Runoff Quality Standards.
1. This subsection contains the minimum design and performance standards
to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
2. Stormwater management measures shall be designed to reduce the post-construction
load of total suspended solids (TSS) in stormwater runoff generated
from the water quality design storm as follows:
(a)
Eighty percent TSS removal of the anticipated load, expressed
as an annual average shall be achieved for the stormwater runoff from
the net increase of motor vehicle surface.
(b)
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
3. The requirement to reduce TSS does not apply to any stormwater runoff
in a discharge regulated under a numeric effluent limitation for TSS
imposed under the New Jersey Pollutant Discharge Elimination System
(NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt
under a NJPDES permit from this requirement. Every major development,
including any that discharge into a combined sewer system, shall comply
with Subsection Q2 above, unless the major development is itself subject
to a NJPDES permit with a numeric effluent limitation for TSS or the
NJPDES permit to which the major development is subject exempts the
development from a numeric effluent limitation for TSS.
4. The water quality design storm is 1.25 inches of rainfall in two
hours. Water quality calculations shall take into account the distribution
of rain from the water quality design storm, as reflected in Table
4, below. The calculation of the volume of runoff may take into account
the implementation of stormwater management measures.
Table 4
|
---|
Water Quality Design Storm Distribution
|
---|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
---|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
5. If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
Where:
|
R
|
=
|
Total TSS percent load removal from application of both BMPs.
|
A
|
=
|
The TSS percent removal rate applicable to the first BMP.
|
B
|
=
|
The TSS percent removal rate applicable to the second BMP.
|
6. Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in §
13-8.403P, Q and R.
7. In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater
management measures shall be designed to prevent any increase in stormwater
runoff to waters classified as FW1.
8. The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the surface water quality standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
9. Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3i,
runoff from the water quality design storm that is discharged within
a 300-foot riparian zone shall be treated in accordance with this
subsection to reduce the post-construction load of total suspended
solids by 95% of the anticipated load from the developed site, expressed
as an annual average.
10.
This stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
R. Stormwater Runoff Quantity Standards.
1. This subsection contains the minimum design and performance standards
to control stormwater runoff quantity impacts of major development.
2. In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at §
13-8.404, complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the preconstruction runoff hydrographs for the same
storm events;
(b)
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the preconstruction condition, in the
peak runoff rates of stormwater leaving the site for the two-, ten-
and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(c)
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75% and 80%, respectively, of the preconstruction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
(d)
In tidal flood hazard areas, stormwater runoff quantity analysis
in accordance with Subsection 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.
3. The stormwater runoff quantity standards shall be applied at the
site's boundary to each abutting lot, roadway, watercourse, or receiving
storm sewer system.
[Ord. No. 06-07 § 13-8.404;
amended 4-13-2021 by Ord. No. 12-21]
A. Stormwater runoff shall be calculated in accordance with the following:
1. The design engineer shall calculate runoff using one of the following
methods:
(a)
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters
7,
9,
10, 15 and
16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at https://www.nrcs.usda.gov/Internet/FSE DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(b)
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The Rational and Modified Rational
Methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
2. For the purpose of calculating runoff coefficients and groundwater
recharge, there is a presumption that the preconstruction condition
of a site or portion thereof is a wooded land use with good hydrologic
condition. The term "runoff coefficient" applies to both the NRCS
methodology above at § 13-8.404A1(a) and the Rational and
Modified Rational Methods at § 13-8.404A1(b). A runoff coefficient
or a groundwater recharge land cover for an existing condition may
be used on all or a portion of the site if the design engineer verifies
that the hydrologic condition has existed on the site or portion of
the site for at least five years without interruption prior to the
time of application. If more than one land cover have existed on the
site during the five years immediately prior to the time of application,
the land cover with the lowest runoff potential shall be used for
the computations. In addition, there is the presumption that the site
is in good hydrologic condition (if the land use type is pasture,
lawn, or park), with good cover (if the land use type is woods), or
with good hydrologic condition and conservation treatment (if the
land use type is cultivation).
3. In computing preconstruction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce preconstruction stormwater runoff rates and volumes.
4. In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
5. If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
B. Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf;
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
[Ord. No. 06-07 § 13-8.405;
amended 4-13-2021 by Ord. No. 12-21]
A. Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
1. Guidelines for stormwater management measures are contained in the
New Jersey Stormwater Best Management Practices Manual, as amended
and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
2. Additional maintenance guidance is available on the Department's
website at https://www.njstormwater.org/maintenance_guidance.htm.
B. Submissions required for review by the Department should be mailed
to: The Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
[Ord. No. 06-07 § 13-8.406; 4-13-2021 by Ord. No. 12-21]
A. Site design features identified under § 13.8.403F above, or alternative designs in accordance with §
13-8.403G above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see § 13-8.406A2 below.
1. Design engineers shall use one of the following grates whenever they
use a grate in pavement or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle
-safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches or is no greater than
0.5 inches across the smallest dimension. Examples of grates subject
to this standard include grates in grate inlets, the grate portion
(non-curb-opening portion) of combination inlets, grates on storm
sewer manholes, ditch grates, trench grates, and grates of spacer
bars in slotted drains. Examples of ground surfaces include surfaces
of roads (including bridges), driveways, parking areas, bikeways,
plazas, sidewalks, lawns, fields, open channels, and stormwater system
floors used to collect stormwater from the surface into a storm drain
or surface water body.
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven square inches or be no greater than
two inches across the smallest dimension.
2. The standard in Subsection A1 above does not apply:
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than nine square
inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end-of-pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(1) A rectangular space 4.625 inches long and 1.5 inches
wide (this option does not apply for outfall netting facilities);
or
(2) A bar screen having a bar spacing of 0.5 inch.
(3) Note that these exemptions do not authorize any
infringement of requirements in the Residential Site Improvement Standards
for bicycle-safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1].
(d)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
water quality design storm as specified in N.J.A.C. 7:8; or
(e)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
[Ord. No. 06-07 § 13-8.407;
amended 4-13-2021 by Ord. No. 12-21]
A. This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management BMPs. This
section applies to any new stormwater management BMP.
B. The provisions of this section are not intended to preempt more stringent
municipal or county safety requirements for new or existing stormwater
management BMPs. Municipal and county stormwater management plans
and ordinances may, pursuant to their authority, require existing
stormwater management BMPs to be retrofitted to meet one or more of
the safety standards in § 13-8.407C1, 2, and 3 for trash
racks, overflow grates, and escape provisions at outlet structures.
C. Requirements for Trash Racks, Overflow Grates and Escape Provisions.
1. A trash rack is a device designed to catch trash and debris and prevent
the clogging of outlet structures. Trash racks shall be installed
at the intake to the outlet from the stormwater management BMP to
ensure proper functioning of the BMP outlets in accordance with the
following:
(a)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(b)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(c)
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
(d)
The trash rack shall be constructed of rigid, durable, and corrosion-resistant
material and designed to withstand a perpendicular live loading of
300 pounds per square foot.
2. An overflow grate is designed to prevent obstruction of the overflow
structure. If an outlet structure has an overflow grate, such grate
shall meet the following requirements:
(a)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)
The overflow grate spacing shall be no less than two inches
across the smallest dimension
(c)
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion-resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
3. Stormwater management BMPs shall include escape provisions as follows:
(a)
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to §
13-8.407C, a freestanding outlet structure may be exempted from this requirement;
(b)
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See §
13-8.407E for an illustration of safety ledges in a stormwater management BMP; and
(c)
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
D. Variance or Exemption from Safety Standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
E. Safety Ledge Illustration.
Elevation View - Basin Safety Ledge Configuration
|
[Ord. No. 06-2007 § 13-8.408;
amended 4-13-2021 by Ord. No. 12-21]
A. Submission of Site Development Stormwater Plan.
1. Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at §
13-8.408C below as part of the submission of the application for approval.
2. The applicant shall demonstrate that the project meets the standards
set forth in this section.
3. The applicant shall submit four copies of the materials listed in the checklist for site development stormwater plans in accordance with §
13-8.408C of this section.
B. Site Development Stormwater Plan Approval. The applicant's site development
project shall be reviewed as a part of the review process by the municipal
board or official from which municipal approval is sought. That municipal
board or official shall consult the municipality's review engineer
to determine if all of the checklist requirements have been satisfied
and to determine if the project meets the standards set forth in this
section.
C. Submission of Site Development Stormwater Plan. The following information
shall be required:
1. Topographic Base Map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
2. Environmental Site Analysis. A written and graphic description of
the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
3. Project Description and Site Plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
4. Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of §§
13-8.402 through
13-8.404 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
5. Stormwater Management Facilities Map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(a)
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(b)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
6. Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in §
13-8.403 of this section.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on on-site boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
7. Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of §
13-8.409.
8. Waiver From Submission Requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in §
13-8.408C.1 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.
[Ord. No. 06-2007 § 13-8.409; 4-13-2021 by Ord. No. 12-21]
A. Applicability. Projects subject to review as in §
13-8.400C of this section shall comply with the requirements of §
13-8.409B and C.
B. General Maintenance.
1. The design engineer shall prepare a maintenance plan for the stormwater
management measures incorporated into the design of a major development.
2. The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter
8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
3. If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
4. Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
5. If the party responsible for maintenance identified under § 13-8.409B3
above is not a public agency, the maintenance plan and any future
revisions based on § 13-8.409B7 below shall be recorded
upon the deed of record for each property on which the maintenance
described in the maintenance plan must be undertaken.
6. Preventative and corrective maintenance shall be performed to maintain
the functional parameters (storage volume, infiltration rates, inflow/outflow
capacity, etc.). of the stormwater management measure, including,
but not limited to, repairs or replacement to the structure; removal
of sediment, debris, or trash; restoration of eroded areas; snow and
ice removal; fence repair or replacement; restoration of vegetation;
and repair or replacement of nonvegetated linings.
7. The party responsible for maintenance identified under § 13-8.409B3
above shall perform all of the following requirements:
(a)
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(b)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)
Retain and make available, upon request by any public entity
with administrative, health, environmental, or safety authority over
the site, the maintenance plan and the documentation required by § 13-8.409B6
and 7 above.
8. The requirements of § 13-8.409B3 and 4 do not apply to
stormwater management facilities that are dedicated to and accepted
by the municipality or another governmental agency, subject to all
applicable municipal stormwater general permit conditions, as issued
by the Department.
9. In the event that the stormwater management facility becomes a danger
to public safety or public health, or if it is in need of maintenance
or repair, the municipality shall so notify the responsible person,
in writing. Upon receipt of that notice, the responsible person shall
have 14 days to effect maintenance and repair of the facility in a
manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or county may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
C. Nothing in this subsection shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Ord. No. 06-2007 § 13-8.410;
amended 4-13-2021 by Ord. No. 12-21]
Any person(s) who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure or land in violation of
this section shall be subject to the following penalties: minimum
fine of $100 or a maximum fine of $1,000 for each day the violation
exists.
In filing an application for development, the applicant shall
comply with the following utility and public improvement standards:
The issuance of a Certificate of Occupancy for any residence
within a major subdivision shall be accompanied by a statement from
the Township Engineer that all public improvements affecting the residence
in question have been installed or adequately bonded pursuant to the
MLUL and a statement from the Township Attorney that all required
deeds of dedication have been reviewed and approved.
Prior to the commencement of any construction, the applicant
shall arrange for a pre-construction conference with the Township
Engineer. Such conferences shall be attended by the applicant and
his engineer or contractor as well as the Township Engineer.
When the subdivider has constructed and installed the streets,
drainage facilities, curbs, sidewalks, street signs, monuments and
other improvements in accordance with Township regulations, standards
and specifications and desires the Township to accept said improvements,
he shall, in writing, by certified mail addressed to the Township
Clerk with copies thereof to the Township Engineer, request the Township
Engineer to make a semifinal inspection of said improvements. Accompanying
this request, the subdivider must submit a mylar and two sealed prints
of the originally approved subdivision plans that have been updated
to show the final as-built condition of all improvements including
all subsurface utilities and drains. The Township Engineer shall inspect
all improvements of which said notice has been filed and shall prepare
a detailed report, in writing, with the Township Council indicating
either approval, partial approval or rejection of such improvements
with a statement of reasons for any rejection. The cost of the improvements
as approved or rejected shall be set forth.
In filing an application for development, the applicant shall
comply with Residential Site Improvement Standards, N.J.A.C. 5:21-4,
Streets and Parking, and with the following road, intersection, sight
triangle, curb, sidewalk and driveway standards:
This section establishes standards for road and associated improvements
and the design of streets serving residential and nonresidential projects
as they relate to subdivision and site plan. The purpose is to:
Create a well planned community.
Promote the safety and convenience of vehicular traffic.
Protect the safety of neighborhood residents.
Assure appropriate drainage flows.
Minimize costs for maintenance and repair of infrastructure.
Maintain the character of the area while providing for safety
improvements along existing and proposed roads.
The functional street classification system divides Roxbury's
roadways into the following classifications based upon the current
Master Plan:
A. Major Arterial - Highest road classification. The primary function
is to serve as an interregional road conveying traffic between centers.
Access is limited.
B. Arterial - Interconnects and augments the major arterial system and
serves as interregional road. Accommodates trips of shorter lengths.
Operating speeds and service levels are lower than major arterials.
C. Secondary Arterial - Primary function is to carry through traffic
from municipality to municipality and distribute traffic between residential
access (local) streets and the arterial system.
D. Residential Collector - Primary function is to carry traffic between
arterial and residential access streets.
E. Residential Access (local) - Lowest road classification. Provides
frontage for access to lots and carries traffic having destination
or origin on the street itself. Designed to carry the least amount
of traffic at the lowest speed.
Major Arterial
|
Secondary Arterial
|
Residential Collector
|
Residential Access Streets
|
---|
I-80
|
Howard Boulevard (C.R. 615)
|
Emmans Road
|
All others
|
|
Berkshire Valley Road (C.R. 642)
|
Mountain Road
|
|
Arterial
|
Lakeside Boulevard (C.R. 602 and 631)
|
Mooney Road
|
|
Route 46
|
Mount Arlington Boulevard (C.R. 616)
|
Conklin Road
|
|
Route 206
|
Hillside Ave (C.R. 619) and Hillside Ave N
|
Righter Road
|
|
Route 10
|
Eyland Avenue
|
Mary Louise Avenue
|
|
Route 183
|
Dell Avenue
|
Main Street
|
|
|
Landing Road (C.R. 631)
|
Reger Road
|
|
|
Hercules Road
|
Shippenport Road
|
|
|
Center Street (C.R. 631)
|
Condit Street
|
|
|
Kenvil Avenue (C.R. 642)
|
Pleasant Hill Road
|
|
|
West Dewey Avenue (C.R. 642)
|
Unneberg Avenue
|
|
|
Commerce Boulevard
|
Rogers Drive
|
|
|
|
Carey Road
|
|
|
|
Golf Course Road
|
|
|
|
First Street
|
|
In filing an application for development, the applicant shall
comply with the following parking, loading, solid waste and lighting
standards:
[Ord. No. 01-09 § 1,
2; Ord. No. 18-09 § 2,
3]
A. Each off-street parking area hereinafter created within the Township of Roxbury shall be subject to the approval of the Planning Board or Zoning Board to insure its adequacy to provide for traffic safety, to provide ingress and egress for emergency vehicles and to protect adjacent properties. Off-street parking areas consisting of four (4) or fewer new parking spaces that are in compliance with Article
VIII are exempt from site plan but require a zoning permit and approval by the Township Engineer.
B. Ingress and egress drives including access to off-street parking
in non-residential zones shall be so designed that traffic is not
routed through a residential zone.
C. Off-street parking shall be provided and maintained as specified
herein and shall be surfaced with an asphalt, bituminous or cement
binder pavement which shall be graded and drained to dispose of all
surface water as required by the Township Engineer. Minimum grade
across the parking lot shall be one (1%) percent and minimum grade
along the curb shall be three-quarters (0.75%) percent.
D. For nonresidential uses and multi-family developments, parking areas
and access drives shall be enclosed by a concrete, granite, or belgian
block curb six inches above the paved surface. The type of curb shall
be determined by the Board; however, belgian block curb shall be utilized
where a paved area is adjacent to vegetated or other pervious surface
areas. Bollards are not permitted as a substitute curbing.
E. No residential building permit (excluding multi-family) shall be
granted for the erection of a new dwelling nor a Certificate of Occupancy
issued unless the construction includes a garage for at least one
(1) but not more than three (3) motor vehicles."
F. Existing dwellings having multiple-space garage, carport or approved shelter capability, to the extent such capability is required to meet subsection
13-8.701A, off-street parking requirements, must continue this capability. Existing dwellings having single-space garage, carport or approved shelter capability must continue this capability. Subject to the foregoing requirements, an existing garage may be replaced on site with either an attached or detached garage, but an existing garage may not be replaced by carport, shelter or outside parking space(s). All off-street parking space(s), including those located in garages, carports and approved shelters, shall be dimensioned at not less than nine (9) feet by eighteen (18) feet.
Compliance with the applicable standards contained in Section
13-8.612 Nonresidential and Residential Driveways are required.
A. Each off-street parking space shall measure nine (9) feet in width
by eighteen (18) feet in length. Parking spaces shall have a ten (10)
foot width in parking lots where shopping carts will be utilized.
On-site parallel parking spaces shall measure eight (8) feet by twenty-four
(24) feet.
B. Parking spaces for the physically handicapped shall be provided at
appropriate locations and in conformance with the requirements of
the Americans with Disabilities Act.
C. Off-street parking areas shall be oriented to and within a reasonable
walking distance of the buildings they are designed to serve.
D. Access to parking lots shall be designed so as not to obstruct free
flow of traffic. There shall be adequate provision for ingress to
and egress from all parking spaces to ensure ease of mobility, ample
clearance, and safety of vehicles and pedestrians.
E. Two-way traffic aisles shall be a minimum width of twenty-four (24)
feet. The width of all aisles providing direct access to individual
parking stalls shall be in accordance with the following requirements:
Parking Angle
(degrees)
|
One-Way Aisle Width
(feet)
|
Two-Way Aisle Width
(feet)
|
---|
30
|
12
|
NA
|
45
|
13
|
NA
|
60
|
18
|
NA
|
90
|
22
|
24
|
parallel
|
12
|
24
|
F. Parking areas in commercial or industrial zones may be located in
the required front, side or rear yard, but shall be placed a minimum
of twenty (20) feet from the right-of-way and front property line,
and ten (10) feet from the side and rear property lines unless otherwise
stated in the Ordinance.
G. Access drives shall be located at least ten feet from any side or
rear property line.
H. Off-street parking areas and traffic aisles shall not be closer than
six (6) feet to any building.
I. Curbed pedestrian sidewalks, not less than six (6) feet wide shall
be provided along the length of any building wall which contains public
entrance or exit ways. Said walks shall be at least six (6) inches
higher than the abutting paved parking area. Sidewalks with a minimum
ten (10) foot width shall be provided along the front building wall
of a shopping center which contains public entrance or exit ways.
A diminished width may be permitted by the approving Board to accommodate
benches, trash receptacles and/or ash urns. Curb cuts shall be provided
at appropriate locations so that handicapped persons may gain access
from parking areas onto sidewalks. In addition, the Planning Board
or Zoning Board of Adjustment, at its discretion, may require increased
sidewalk widths and the installation of pedestrian walkways within
any curbed islands that are required.
J. A minimum sidewalk width of six (6) feet is required where parked
vehicles overhang or extend over the sidewalk.
K. All off-street parking spaces, driveways, aisles and pedestrian walkways
shall be clearly and legibly marked within the parking lot. Hairpin
striping shall be required at the discretion of the Planning Board
or Zoning Board of Adjustment. Hairpin striping shall consist of two
(2) stripes located no farther than twelve (12) inches on center.
L. Traffic signs and pavement markings, complying with the Manual on
Uniform Traffic Devices, latest edition, shall be provided to enhance
the safety of motorists and pedestrians.
M. Where feasible, parking areas for individual nonresidential uses
shall be designed to be interconnected with adjacent properties and
shall utilize common entrance(s) and exit(s) to minimize the disruption
to traffic flow, reduce access points to adjacent roadways and reduce
conflicts with pedestrian traffic.
N. Nine (9) foot wide curbed planting end islands shall be placed at
the end of each parking bay. Each end island abutting a parking stall
shall contain a two and one-half (2-1/2) inch to three (3) inch caliper
shade tree.
O. Nine (9) foot wide curbed planting islands containing shade trees
shall be required to separate any parking bay exceeding twenty (20)
spaces in a row. At the Board's discretion, seven (7) foot by seven
(7) foot curbed planting diamonds containing shade trees may be considered
if the overall effect exceeds that which would be created by standard
planting islands.
P. Where practical, large parking lots in excess of one hundred (100)
vehicles shall be subdivided into modules utilizing continuous curbed
planting islands of a minimum ten (10) foot width located perpendicular
to the parking stalls.
Q. Parking areas shall be suitably landscaped to minimize noise, glare and other nuisance characteristics as well as to improve the environment of the site and surrounding area in accordance with Section
13-8.8.
R. Parking spaces may be on, above or below the surface of the ground.
When parking spaces are provided within a garage or other structure,
said structure shall adhere to the principal building setbacks.
S. All off-street parking areas required by this chapter shall be used
exclusively for the parking of automobiles. No commercial repair work
or sales of any kind shall be conducted in any parking area.
COMMERCIAL VEHICLE
shall mean any motor vehicle, including but not limited to
pickup trucks, panel trucks, vans, trailers or station wagons, bearing
commercial license plates and/or displaying advertising or a business
designation. Recreational vehicles and farm vehicles shall not be
deemed commercial vehicles.
RECREATION VEHICLE
shall mean includes motor homes, house trailers, converted
buses, camper shells mounted on the walls of a pickup truck's cargo
box, camper cabins within a truck bed, camping and travel trailers,
collapsible camper trailers, boats, and boat trailers.
In filing an application for development, the applicant shall
comply with the following landscaping, fence, wall and site furniture
standards:
In filing an application for development, the applicant shall
comply with the following sign standards.
As used in this Ordinance, the following terms shall have the
meanings indicated:
BILLBOARD SIGN
shall mean a sign which directs attention to a business,
commodity, service or entertainment conducted, sold or offered at
a location other than the premises on which the sign is located.
FACADE
shall mean the total wall surface, including door and window
area, of a building's principal face. In computing permitted sign
area, only one (1) face of a building may be used as the principal
face.
GROUND OR MONUMENT SIGN
shall mean any sign, other than a pole sign, placed upon
or supported by the ground independent of any other structure.
POLE OR PYLON SIGN
shall mean a sign that is mounted on a freestanding pole
or similar support so that the bottom edge of the sign face is three
(3) feet or more above grade.
PORTABLE SIGN
shall mean a sign that is not permanent, affixed to a building,
structure or the ground.
ROOF SIGN
shall mean a sign erected above the facade or on the roof
of a building.
SIGN
shall mean any object, device, display or structure or part
thereof, situated outdoors or indoors, which is used to advertise,
identify, display, direct or attract attention to an object, person,
institution, organization, business, product, service, event or location
by any means, including words, letters, figures, design, symbols,
fixtures, colors, illumination or projected images.
TEMPORARY SIGN
shall mean a sign that (a) is used in connection with a circumstance,
situation, or event that is designed, intended, or expected to take
place or to be completed within a reasonably short period of time
after the erection of such sign, or (b) is intended to remain on the
location where it is erected or placed for a period not more than
fifteen (15) days. If a sign display area is permanent but the message
displayed is subject to periodic changes, that sign shall not be regarded
as temporary.
WALL SIGN
shall mean a sign attached to, painted upon or erected against
an awning, canopy, the wall or facade of a building or structure and
not extending more than twelve (12) inches from a building face or
facade of the structure.
WINDOW SIGN
shall mean a sign maintained in or painted upon a window
which is clearly visible from the exterior of a structure through
a window.
A sign permit shall be required before the erection, re-erection,
construction, alteration, or placement or location of any permanent
sign permitted by this chapter. No sign shall be constructed or displayed
unless a permit shall have been obtained from the administrative official,
or unless the signs have been approved of as part of a site plan or
subdivision. All applications shall be signed by the owner of the
sign and the property owner on whose premises the sign is to be erected.
All applications shall contain a sketch of the proposed sign, drawn
to scale, the wording or message and, where the sign will be attached
to a building. A plot plan shall also be provided showing the location
of the proposed sign with dimensions to the nearest building, lot
lines and existing freestanding signs within one hundred (100) feet
of the proposed sign. All applications shall be accompanied by the
appropriate fee. As soon as the sign has been erected, the applicant
shall notify the Construction Official for a final inspection.
A. A permit shall not be required for the following, provided such items
are subject to all other provisions of this chapter:
1.
Repainting or resurfacing of signs.
2.
Relocation of signs as required by the municipality.
B. In hearing any application for a variance or design waiver pertaining
to signage, the Planning Board or Zoning Board of Adjustment may consider
modification to the overall sign design for the site. This may include
a reduction in the quantity of signs, and/or a reduction in advertising
area of signs in order to promote the purpose of this section and
so the benefits of granting relief will outweigh the detriments.
[Ord. No. 4-06 § 1]
Signs shall be removed in the following instances:
A. Signs on Vacant Premises or for Discontinued Use. The owner of a
property shall remove the advertising, message, symbol or other information
conveyed by signs within thirty (30) days after the activity, business
or use it advertises or calls attention to is no longer conducted
in or upon the premises.
B. Illegal Signs. Any sign erected or applied in violation of this chapter
shall be immediately removed by the owner. Any sign illegally placed
in a public right-of-way shall be subject to removal by the Township
and forfeiture at the owner's expense.
Except where specifically prohibited, all signs may be double-faced,
and the maximum area shall apply to each side. The area of the sign
shall include each and every part of the sign, including moldings
and frames, computed in a rectilinear area as the product of the largest
horizontal width and the largest vertical height of the sign. Where
the sign is supported by a post or pylon whose surface is being used
for advertising purposes, the area of the post, pylon or other supporting
members shall be considered as part of the total allowable sign area.
Wherever the name or advertising message on a sign is divided between
a number of panels or parts, the total area of all of the panels or
parts shall be considered as one (1) sign, and where a sign consists
of individual letters, logos or numbers attached to a building or
structure, the area of the sign shall be considered as the total area
encompassed by a rectilinear area of no more than six (6) sides which
can collectively enclose all of the letters, logos or numbers.
If and when any sign is moved, altered or replaced, except for
purposes of minor and nonstructural maintenance and/or repairs, the
sign shall thereafter conform to all of the requirements of this Ordinance.
The following regulations shall be observed for all signs in
all zoning districts in the municipality:
A. Any sign not specifically permitted is hereby prohibited.
B. No sign shall be erected on any lot or building which does not pertain
to the use of the lot or building, unless provided for elsewhere in
this section.
C. Identification signs of a prototype design and corporation logos
shall conform to the criteria established within this Ordinance.
D. A sign should compliment the architectural style and scale of the
building and should be designed as an integral architectural element
of the site to which it principally relates. As an architectural element,
the sign should reflect the period of architecture and should be in
harmony with a building's character and
use. It must not interfere with architectural lines and details and
shall conform to landscape standards associated with signs. Components
of signs (supporting structures, backs, etc.), not bearing a message
shall be landscaped and constructed of materials or painted a neutral
color, to blend with the natural environment.
E. Where a building requires several different signs, a consistent design
theme shall be created utilizing similar elements such as material,
size, background and lettering color, lettering style, illumination
and borders.
F. Any sign located along the right-of-way of a State or Federal highway
shall comply with any more restrictive requirements of the State and
Federal government relating thereto. Limitations on signs as set forth
in this Section shall not apply to any sign or directional device
erected by the Federal, State, County or Township government or agency
thereof.
G. No sign shall be placed in such a position as to endanger traffic
by obscuring view or by confusing with official street signs or signals
because of position, color or reflective surface and no sign other
than street signage or of governmental authority shall be placed within
a sight triangle.
H. No sign shall project over a public walkway, except for signs of
governmental authority. For those exceptions where a sign is permitted,
the lowest edge of such sign shall be at least eight (8) feet above
the sidewalk elevation.
I. Only one (1) sign of a permitted type for which a permit is required
shall be erected on any one (1) premises held in single and separate
ownership unless otherwise specified in this Ordinance.
J. No sign shall have a dimension greater than as approved by the Board
as part of site plan approval.
K. Flags other than official national, State, County, or municipal flags
shall be considered to be signs and shall comply with applicable regulations.
Flagpoles shall not exceed thirty (30) feet in height nor be located
closer than thirty (30) feet to a right-of-way.
L. Every permitted sign must be constructed with durable materials,
must conform with the requirements of the BOCA Building Code, and
must be kept in good condition and repair. Any sign which is allowed
to become dilapidated may be removed by the municipality at the expense
of the owner or lessee of the property on which it is located.
M. Except where more restrictive, no sign or any part thereof shall
be located closer than ten (10) feet to any street right-of-way or
lot line.
N. All signs shall have a border a minimum of two (2) inches in width
on all sides of the sign. The structural frame may be used to meet
the requirement for a border.
O. Parking, traffic control, directional and warning signs as approved
or deemed necessary to the public welfare shall be permitted in all
zones, provided that they do not exceed four (4) square feet in area
and do not contain advertising.
Where a business establishment has a canopy or awning, a sign
may be attached to the face of the canopy or awning instead of a wall
mounted sign provided the sign does not extend above the highest point
of the canopy or awning and further provided that:
A. Signs attached to, painted on or part of the face of the canopy or
awning shall not extend above, below, or to the sides of the face
of the canopy or awning nor extend more than four (4) inches from
the face of the canopy or awning.
B. For the purpose of this section, canopy or awning shall mean a covering
extending from a building wall, having horizontal or nearly horizontal
top and bottom surfaces, located at least eight (8) feet above the
sidewalk or the ground below, but not including any extension of the
building roof.
C. Maximum sign area and size shall be determined by the size and dimensions
of the wall to which the canopy or awning is attached.
D. The maximum height of any canopy or awning sign shall not exceed
three (3) feet and the maximum width shall not exceed seventy-five
(75%) percent of the width of the canopy or awning upon which the
sign is erected, attached or painted.
Unless specifically prohibited, all signs may be illuminated
as provided for below:
A. Wiring for illuminated signs shall be installed and maintained in
accordance with the electrical codes of the municipality.
B. Illuminated signs shall be either indirectly lighted or shall be
of the diffused lighting type. No sign shall be lit by means of flashing
or intermittent illumination, except for intermittent illumination
necessary to show time and temperature changes on signs intended for
that purpose. Floodlights used for illumination of any sign, whether
or not such floodlights are attached to or are separate from a building,
shall not project light above the highest elevation of the front wall
of the building or more than eighteen (18) feet above the ground level,
whichever is less. All illuminated signs shall be properly shielded
and so located as to prevent glare or blinding effects upon motor
vehicle traffic and so as not to cause a nuisance to residents of
the area.
C. Whenever the Chief of Police, his designee or the Township Engineer
determines that the lighting on any sign now or hereafter erected
constitutes a safety hazard to motor vehicle traffic in the vicinity,
he shall serve written notice of his determination upon the property
owner and owner of the sign, directing them to correct the condition
within fifteen (15) days from the date of the mailing of the notice.
Failure to correct the condition or file an appeal within the time
specified shall constitute a violation of this Section by both the
sign owner and property owner.
D. Where illuminated signs are permitted, signs facing a residence or
residential zone shall not be illuminated between the hours of 10:00
p.m. and 7:00 a.m., unless the business or uses advertised are open
to the public later than 10:00 p.m., in which event such establishment
may keep a sign illuminated until business is closed to the public
but not thereafter.
The following signs are prohibited in all zones in the municipality:
A. Signs using red, yellow and green lights placed within one hundred
(100) feet of any traffic control signal now or hereafter erected.
B. Moving or revolving signs and signs using blinking, flashing, vibrating,
flickering, tracer, sequential or intermittent lighting, with the
exception of any time or temperature displays.
C. Changeable copy displays and message boards except for public uses,
quasi-public uses, theaters, and vehicular service station price signs.
D. Signs using any material which sparkles or glitters, but nothing
herein contained is intended to prohibit the use of reflective paint
on signs directing traffic or identifying various locations within
a lot or parcel. Signs which emit smoke, visible vapors or particles,
sound or odor.
F. Signs having more than two (2) sign faces.
G. Signs or advertising matter of an indecent or obscene nature.
H. Signs using words such as "stop", "look", "danger", etc., which are
placed in a manner or position which in the judgment of the Chief
of Police constitutes a traffic hazard or otherwise interferes with
the free flow of traffic.
I. Signs which in any way simulate official, direction or warning signs
or otherwise cause confusion with those erected or maintained by the
State of New Jersey, Morris County or Roxbury Township or by any railroad,
public utility or agency concerned with the protection of the public
health or safety or signs which hide from view any traffic or street
sign or signal.
J. Any sign which may dangerously confuse or distract the attention
of the operator of a motor vehicle.
K. Except where specifically permitted, signs advertising a product
or service not sold on the premises, signs advertising or directing
attention to another premises and any other signs unrelated to the
premises on which the sign is erected.
L. Signs causing interference with radio or television reception.
M. Signs obstructing doors, fire escapes or stairways or keeping light
or air from windows used for living quarters.
N. Streamers, flags, banners, pinwheels, wind driven signs, flapping
signs, rotating signs, inflatable signs, A-type signs, sandwich-type
signs, sidewalk signs, curb signs and similar advertising devices,
except as may otherwise be permitted in this Ordinance.
O. Signs which are portable or fixed on a movable stand; self-supporting
without being firmly imbedded in the ground; supported by other objects;
mounted on wheels or movable vehicle; or made easily movable in any
other manner except as may otherwise be permitted in this Ordinance.
P. Signs attached, affixed or painted on trees, rocks, other natural
features, utility poles, light poles, signs attached to other signs,
and signs placed upon motor vehicles which are continuously or repeatedly
parked in a conspicuous location to serve as a sign.
Q. Any series of two (2) or more signs placed along a street or highway
carrying an advertising message, part of which is contained on each
sign.
R. No billboard or billboard-type signs shall be erected.
S. Signs located in a public right-of-way, or approved site easement
except those owned and maintained by a duly constituted governmental
agency.
T. Signs located, painted or affixed on a water tower, storage tank,
tower or other similar structure.
[Ord. No. 18-09 § 6]
The following signs do not require a sign permit and are exempt
from the provisions of this chapter provided they meet State requirements,
where applicable:
A. Signs posted by governmental agencies or pursuant to governmental
statute, order or regulation.
B. Temporary and permanent traffic signs and signals installed by the
municipality, County and State for the purpose of directing and regulating
the flow of traffic.
C. Signs indicating public transportation stops when installed by the
municipality or a public transportation facility.
D. One nonilluminated or shielded illuminated residence designation sign attached to a wall, not exceeding one (1) square foot in surface area, shall be permitted for each single-family residence, multi-family residence or conditional home business use (subsection
13-7.3501).
E. Parking, traffic control, directional, entrance, exit, loading zones,
and warning signs when deemed necessary for the public welfare provided
that they do not exceed four (4) square feet in area. With the exception
of entrance and exit signs, traffic signage shall not contain advertising.
F. Non-illuminated or internally illuminated information or public service
signs, such as those advertising the availability of rest rooms, telephone,
or similar public conveniences, provided that such signs do not advertise
any commercial establishment, activity, organization, product, goods
or services, except those of public utilities.
G. Historic tablets, cornerstones, memorial plaques and emblems which
do not exceed six (6) square feet in area and which are installed
by government agencies or religious organizations.
H. Trespassing signs; signs indicating the private nature of a road,
driveway, or premises; and signs prohibiting or otherwise controlling
fishing or hunting upon a particular premises, provided that the area
of one (1) side of any such sign shall not exceed two (2) square feet.
I. Flags or emblems of religious, educational, civic or governmental
organizations flown from supports on the buildings or grounds occupied
by the organization whenever and wherever flown in accordance with
the laws and rules promulgated by the Federal government, except that
no flag may be placed closer than thirty (30) feet to any right-of-way
nor exceed a thirty (30) foot height.
J. One (1) lawn sign identifying the occupant and/or conditional home
business use, not exceeding two (2) square feet in area for each side
located ten (10) feet from the right-of-way and all property lines.
A sign for a conditional home business use shall only indicate the
name and profession of the resident.
K. Illuminated and non-illuminated signs which are an integral part
of vending machines.
L. All temporary signs pursuant to the requirements of Section
13-8.911.
M. Signs
lighting and displays erected in connection with the observance of
holidays. Signs shall be removed within fifteen (15) days following
the holiday.
The following regulations shall apply to temporary signs permitted
in any zone unless otherwise specified:
A. Non-illuminated real estate signs announcing the sale, rental or
lease of the premises on which the sign is located. The sign may be
double-faced and, except as noted below, only one (1) sign shall be
permitted on each lot or parcel unless it fronts on more than one
(1) street whereby one (1) sign shall be permitted per frontage. The
maximum size of the sign shall be in accordance with the following
schedule:
1.
Residential zones: six (6) square feet
2.
Business zones: twelve (12) square feet
3.
Industrial zones: twenty-four (24) square feet
4.
Residential developments with six (6) or more homes for sale
may be advertised on a non-illuminated real estate sign not to exceed
thirty-two (32) square feet nor a ten (10) foot height and located
within the development advertised.
5.
The advertised use of the structure shall be in accordance with
the zoning permitted in the district in which it is located.
6.
All real estate signs shall be removed within fifteen (15) days
after closing or settlement on said property or the execution of the
lease.
B. Temporary signs for advertising public functions or fund raising
events for charitable or religious organizations shall be permitted
for a period of thirty (30) days prior to the event and shall be removed
within fifteen (15) days after the event.
C. Temporary political signs may be erected for a period of sixty (60)
days. Campaign signs shall be removed within fifteen (15) days after
the election.
D. Relocation information sign for a period of thirty (30) days. A relocation
sign shall be restricted to the present location of the relocating
business. The relocation sign shall be incorporated into the existing
sign and shall not be in excess of standards set forth for the zone
in which the business is located.
E. Construction Signs. One (1) sign announcing the name of developer,
architect, engineer, contractor, subcontractors, funding source, the
building enterprise and related information shall be permitted at
a site under construction, alteration or repair, provided the sign
shall not exceed thirty-two (32) square feet in area and that the
sign shall be removed before a Certificate of Occupancy is issued.
F. Temporary window signs advertising or describing sales or special
merchandise are permitted without a permit, only on the first floor,
provided that the same sign does not remain visible from the exterior
of the building for a period of longer than twenty (20) days and that
all of the signs individually or collectively do not exceed thirty
(30%) percent of all available window space on the first floor window
on which the signs are located.
Signs which either do not lend themselves to the ordinary processes
of measurement or, because of their nature, require special control,
may be permitted when the Board finds such signs to be in conformance
with the intent of this chapter and appropriate to the type of development
or structure to which they are related. Signs of or similar to the
following type require special permits:
A. Signs integrated or structurally incorporated into the architecture
of buildings.
B. Signs formed by the arrangement of cutting of landscaping materials
or plantings.
Only the following signs shall be permitted:
A. For nonresidential uses, one (1) freestanding sign per lot, not exceeding
a maximum area of thirty-two (32) square feet and a maximum height
of fifteen (15) feet.
B. For nonresidential uses, a freestanding sign shall be located no
closer than ten (10) feet to any street right-of-way or thirty (30)
feet to any side or rear property line.
C. For nonresidential uses, one (1) façade, canopy, awning or
permanent window sign per occupant. The total aggregate area of all
such signs shall note exceed ten (10%) percent of the area of the
face of the wall upon which such sign or signs are erected, attached
or painted.
Only the following signs shall be permitted:
A. One (1) name plate sign attached to a wall. The sign shall not be
more than one (1) square foot in area, and shall be located within
the property lines. A sign for conditional home business use shall
indicate only the name and profession of the resident.
B. One (1) lawn sign identifying the occupant and/or conditional home
business use, not exceeding two (2) square feet in area on each side
located ten (10) feet from the right-of-way and all property lines.
A sign for a conditional home business use shall indicate only the
name and profession of the resident.
C. One (1) permanent sign to identify the name of a residential development
of twenty-five (25) units or more. Such sign shall be a maximum of
thirty-two (32) square feet in size, seven (7) feet in height and
shall be located a minimum of fifteen (15) feet from any property
line. Multi-family developments shall be permitted one (1) freestanding
sign per development for each public street frontage.
D. At the rental or sales office of the residential development, one
(1) temporary freestanding sign advertising the office, not to exceed
fifteen (15) square feet in area and not more than five (5) feet in
height.
E. Religious institutions, nursing homes, assisted living facilities,
private schools, service organizations and public buildings and facilities
may have one (1) freestanding sign or bulletin board, not more than
twenty-four (24) square feet in area, not to exceed six (6) feet in
height, on each major street bordering the property. The source of
light from any such sign, if illuminated, shall not be visible from
any adjacent property or from any street.
F. Signs deemed necessary by the Governing Body.
G. With the exception of signs as noted in paragraph F. above, no sign
permitted in the residential districts shall be located closer than
ten (10) feet to any road right-of-way or adjoining property.
Only the following signs shall be permitted:
A. Signs in the POR District.
1. One (1) façade, canopy, awning or permanent window sign per
nonresidential occupant. The total aggregate area of all such signs
shall not exceed seven (7%) percent of the area of the face of the
wall upon which such sign or signs are erected, attached or painted,
except as noted in paragraph 2. below.
2. The total aggregate area of façade, canopy, awning or permanent
window sign or signs with exposure to Route 10 shall not exceed ten
(10%) percent of the area of the face of the wall upon which such
sign or signs are erected, attached or painted.
3. One (1) freestanding sign per lot, not to exceed the following standards,
based upon the predominant exposure:
Street Name
|
Maximum Freestanding Sign Size
|
Minimum Freestanding Sign Setback*
|
Maximum Freestanding Sign Height
|
---|
Commerce Boulevard
|
50 sq. ft.
|
10 feet
|
12 feet
|
Main St. Succasunna
|
32 sq. ft.
|
10 feet
|
8 feet
|
Route 10
|
55 sq. ft.
|
10 feet
|
12 feet
|
Mount Arlington Boulevard
|
32 sq. ft.
|
10 feet
|
8 feet
|
Shippenport Road
|
50 sq. ft.
|
10 feet
|
8 feet
|
All others
|
16 sq. ft.
|
10 feet
|
7 feet
|
*Note - setback from street right-of-way.
|
B. Signs in the B-I District.
1. One (1) facade, canopy, awning or permanent window sign per occupant.
The total aggregate area of all such signs shall not exceed ten (10)
percent of the area of the face of the wall upon which such sign or
signs are erected, attached or painted except as noted in paragraph
2. below.
2. One (1) freestanding sign per lot, not to exceed the following standards
which are based upon the predominant street exposure:
Street Name
|
Maximum Freestanding Sign Size
|
Minimum Freestanding Sign Setback*
|
Maximum Freestanding Sign Height
|
---|
Landing Road
|
50 sq. ft.
|
15 feet
|
18 feet
|
Lakeside Boulevard
|
50 sq. ft.
|
15 feet
|
18 feet
|
Mount Arlington Boulevard (west of Laurie Road)
|
50 sq. ft.
|
15 feet
|
18 feet
|
Mount Arlington Boulevard (east of Laurie Road)
|
32 sq. ft.
|
10 feet
|
16 feet
|
Shippenport Road
|
50 sq. ft.
|
15 feet
|
18 feet
|
Commerce Boulevard
|
32 sq. ft.
|
10 feet
|
16 feet
|
Route 46
|
55 sq. ft.
|
15 feet
|
18 feet
|
All others
|
32 sq. ft.
|
10 feet
|
16 feet
|
*Note - Setback from street right-of-way.
|
C. Signs in the B-1A District.
1. One (1) façade, canopy, awning or permanent window sign per
occupant. The total aggregate area of all such signs shall not exceed
ten (10%) percent of the area of the face of the wall upon which such
sign or signs are erected, attached or painted, except as noted in
paragraph 2. below.
2. The total aggregate area of façade, canopy, awning or permanent
window sign(s) with exposure to Main Street Succasunna shall not exceed
seven (7%) percent of the area of the face of the wall upon which
such sign(s) are erected, attached or painted.
3. One (1) freestanding sign per lot, not to exceed the following standards
based upon predominant street exposure:
Street Name
|
Maximum Freestanding Sign Size
|
Minimum Freestanding Sign Setback*
|
Maximum Freestanding Sign Height
|
---|
Eden Lane
|
50 sq. ft.
|
15 feet
|
10 feet
|
Gold Mine Road
|
50 sq. ft.
|
15 feet
|
10 feet
|
Main St. Succasunna
|
32 sq. ft.
|
10 feet
|
8 feet
|
Landing Road
|
55 sq. ft.
|
15 feet
|
12 feet
|
Route 183
|
60 sq. ft.
|
15 feet
|
12 feet
|
Shippenport Road
|
55 sq. ft.
|
15 feet
|
12 feet
|
Route 206
|
60 sq. ft.
|
15 feet
|
12 feet
|
All others
|
16 sq. ft.
|
10 feet
|
7 feet
|
*Note - setback from street right-of-way.
|
D. Signs in the B-2 District.
1. One (1) facade, canopy, awning, or permanent window sign per occupant.
The total aggregate area of all such signs shall not exceed ten (10%)
percent of the area of the face of the wall upon which such sign or
signs are erected, attached or painted except as noted in paragraph
2. below.
2. The total aggregate area of facade, canopy, awning or permanent window
sign or signs with exposure to Main Street Succasunna shall not exceed
seven (7%) percent of the area of the face of the wall upon which
such sign or signs are erected, attached or painted.
3. One (1) freestanding sign per lot, not to exceed the following standards
which are based upon the predominant street exposure:
Street Name
|
Maximum Freestanding Sign Size
|
Minimum Freestanding Sign Setback*
|
Maximum Freestanding Sign Height
|
---|
Arlington Avenue
|
16 sq. ft.
|
10 feet
|
7 feet
|
Commerce Boulevard
|
55 sq. ft.
|
15 feet
|
18 feet
|
Kings Parkway
|
16 sq. ft.
|
10 feet
|
7 feet
|
Lakeside Boulevard
|
55 sq. ft.
|
15 feet
|
20 feet
|
Manor Parkway
|
16 sq. ft.
|
10 feet
|
7 feet
|
Mooney Road
|
55 sq. ft.
|
15 feet
|
18 feet
|
Route 10
|
75 sq. ft.
|
20 feet
|
20 feet
|
Route 46 (west of Dell Ave)
|
75 sq. ft.
|
20 feet
|
20 feet
|
Route 46 (east of Dell Ave)
|
55 sq. ft.
|
15 feet
|
18 feet
|
Roxbury Avenue
|
16 sq. ft.
|
10 feet
|
7 feet
|
Shippenport Road
|
55 sq. ft.
|
15 feet
|
18 feet
|
All others
|
32 sq. ft.
|
10 feet
|
16 feet
|
*Note - Setback from street right-of-way.
|
4. No freestanding sign shall be oriented toward Interstate Route 80.
E. Signs in the B-3 District.
1. One (1) facade, canopy, awning, or permanent window sign per occupant.
The total aggregate area of all such signs shall not exceed ten (10%)
percent of the area of the face of the wall upon which such sign or
signs are erected, attached or painted.
2. One (1) freestanding sign per lot, not to exceed the following standards
which are based upon the predominant street exposure:
Street Name
|
Maximum Freestanding Sign Size
|
Minimum Freestanding Sign Setback*
|
Maximum Freestanding Sign Height
|
---|
Commerce Boulevard
|
55 sq. ft.
|
15 feet
|
18 feet
|
Howard Boulevard
|
75 sq. ft.
|
20 feet
|
22 feet
|
Lakeside Boulevard
|
120 sq. ft.
|
25 feet
|
25 feet
|
Route 10
|
120 sq. ft.
|
25 feet
|
25 feet
|
Route 46
|
75 sq. ft.
|
20 feet
|
22 feet
|
All others
|
32 sq. ft.
|
10 feet
|
16 feet
|
*Note - Setback from street right-of-way.
|
F. Signs in the OB District.
1. One (1) facade, canopy, awning, or permanent window sign per use.
The total aggregate area of all such signs shall not exceed ten (10%)
percent of the area of the face of the wall upon which such sign or
signs are erected, attached or painted.
2. One (1) freestanding sign, not to exceed the following standards
which are based upon the predominant street exposure:
Street Name
|
Maximum Freestanding Sign Size
|
Minimum Freestanding Sign Setback*
|
Maximum Freestanding Sign Height
|
---|
Commerce Boulevard
|
55 sq. ft.
|
15 feet
|
18 feet
|
Howard Boulevard
|
50 sq. ft.
|
15 feet
|
18 feet
|
Route 46
|
75 sq. ft.
|
20 feet
|
20 feet
|
All Others
|
32 sq. ft.
|
10 feet
|
16 feet
|
*Note - Setback from street right-of-way.
|
3. No freestanding sign shall be oriented towards Interstate Route 80.
4. A Planned Highway Area Commercial Development is permitted one (1)
freestanding sign for the project which shall not exceed twenty-five
(25) feet in height and one hundred twenty (120) square feet in sign
size per sign face with a minimum setback of fifteen (15) feet to
the right-of-way.
G. Signs in the I-1 District.
1. One (1) facade, canopy, awning, or permanent window sign per occupant.
The total aggregate area of all such signs shall not exceed ten (10%)
percent of the area of the face of the wall upon which such sign or
signs are erected, attached or painted.
2. One (1) freestanding sign per lot, not to exceed the following standards
which are based upon the predominant street exposure:
Street Name
|
Maximum Freestanding Sign Size
|
Minimum Freestanding Sign Setback*
|
Maximum Freestanding Sign Height
|
---|
North Frontage Road
|
50 sq. ft.
|
15 feet
|
18 feet
|
All Others
|
32 sq. ft.
|
10 feet
|
16 feet
|
*Note - Setback from street right-of-way.
|
3. No freestanding sign shall be oriented towards Interstate Route 80.
H. Signs in the I-3 District.
1. One (1) facade, canopy, awning, or permanent window sign per occupant.
The total aggregate area of all such signs shall not exceed ten (10%)
percent of the area of the face of the wall upon which such sign or
signs are erected, attached or painted.
2. One (1) freestanding sign per lot, not to exceed the following standards
which are based upon the predominant street exposure:
Street Name
|
Maximum Freestanding Sign Size
|
Minimum Freestanding Sign Setback*
|
Maximum Freestanding Sign Height
|
---|
Howard Boulevard
|
75 sq. ft.
|
20 feet
|
20 feet
|
Route 46
|
75 sq. ft.
|
20 feet
|
20 feet
|
Ledgewood
|
|
|
|
Mount Arlington Road
|
32 sq. ft.
|
10 feet
|
12 feet
|
Dell Avenue
|
55 sq. ft.
|
15 feet
|
18 feet
|
All others
|
32 sq. ft.
|
10 feet
|
12 feet
|
*Note - Setback from street right-of-way.
|
3. No freestanding sign shall be oriented towards Interstate Route 80.
I. Signs in the I-5 District.
1. One (1) facade, canopy, awning, or permanent window sign per occupant.
The total aggregate area of all such signs shall not exceed ten (10%)
percent of the area of the face of the wall upon which such sign or
signs are erected, attached or painted.
2. One (1) freestanding sign per lot, not to exceed the following standards
which are based upon the predominant street exposure:
Street Name
|
Maximum Freestanding Sign Size
|
Minimum Freestanding Sign Setback*
|
Maximum Freestanding Sign Height
|
---|
Center Street
|
32 sq. ft.
|
10 feet
|
16 feet
|
Canal Street-Port Morris
|
24 sq. ft.
|
10 feet
|
7 feet
|
Kings Highway
|
32 sq. ft.
|
10 feet
|
16 feet
|
All others
|
32 sq. ft.
|
10 feet
|
12 feet
|
*Note - Setback from street right-of-way.
|
J. Signs in the I-10 District.
1. One (1) facade, canopy, awning, or permanent window sign per occupant.
The total aggregate area of all such signs shall not exceed ten (10%)
percent of the area of the face of the wall upon which such sign or
signs are erected, attached or painted.
2. One (1) freestanding sign per lot, not to exceed the following standards
which are based upon the predominant street exposure;
Street Name
|
Maximum Freestanding Sign Size
|
Minimum Freestanding Sign Setback*
|
Maximum Freestanding Sign Height
|
---|
Berkshire Valley Road
|
50 sq. ft.
|
15 feet
|
18 feet
|
Dell Avenue
|
55 sq. ft.
|
15 feet
|
18 feet
|
Halsey Street
|
24 sq. ft.
|
10 feet
|
7 feet
|
Pine Street
|
24 sq. ft.
|
10 feet
|
7 feet
|
All Others
|
32 sq. ft.
|
10 feet
|
16 feet
|
*Note - Setback from street right-of-way.
|
K. Signs in the OR-5 District
1. One (1) facade, canopy, awning, or permanent window sign per occupant.
The total aggregate area of all such signs shall not exceed ten (10%)
percent of the area of the face of the wall upon which such sign or
signs are erected, attached or painted.
2. One (1) freestanding sign per lot, not to exceed the following standards
which are based upon the predominant street exposure:
Street Name
|
Maximum Freestanding Sign Size
|
Minimum Freestanding Sign Setback*
|
Maximum Freestanding Sign Height
|
---|
Eden Lane
|
50 sq. ft.
|
15 feet
|
10 feet
|
Route 206
|
60 sq. ft.
|
15 feet
|
12 feet
|
Howard Boulevard
|
60 sq. ft.
|
15 feet
|
12 feet
|
All others
|
50 sq. ft.
|
15 feet
|
10 feet
|
*Note - Setback from street right-of-way.
|
3. No freestanding sign shall be oriented toward Interstate Route 80.
L. Signs in the LI/OR District.
1. One (1) façade, canopy, awning or permanent window sign per
occupant. The total aggregate area of all such signs shall not exceed
ten (10%) percent of the area of the face of the wall upon which such
sign or signs are erected, attached or painted.
2. One (1) freestanding sign per lot, not to exceed the following standards
which are based upon the predominant street exposure:
Street Name
|
Maximum Freestanding Sign Size
|
Minimum Freestanding Sign Setback*
|
Maximum Freestanding Sign Height
|
---|
Berkshire Valley Rd
|
50 sq. ft.
|
15 feet
|
18 feet
|
Landing Rd
|
50 sq. ft.
|
15 feet
|
18 feet
|
North Frontage Rd
|
50 sq. ft.
|
15 feet
|
18 feet
|
Orben Drive
|
50 sq. ft.
|
15 feet
|
18 feet
|
Route 46
|
75 sq. ft.
|
20 feet
|
20 feet
|
All others
|
32 sq. ft.
|
10 feet
|
12 feet
|
*Note - Setback from street right-of-way.
|
3. No freestanding sign shall be oriented towards Interstate Route 80.
All street signs shall, in addition to complying with this chapter,
comply with all appropriate County, State and Federal regulations.
Should this chapter be in conflict with County, State or Federal regulations,
the more strict regulations shall be observed.
[Ord. No. 4-06 § 2]
The penalties for noncompliance of this article shall be as set forth in Section
13-2.802 of this chapter.