Chapter 16A adopted February 20, 2007, and as revised by
the Borough through February 27, 2017. Subsequent amendments noted
where applicable.
A.
General. All improvements shall be installed in complete accordance
with the standards of this chapter, with other particular specifications
approved by the Planning Board and Borough Engineer and with all other
applicable Municipal, County, State and Federal regulations. Should
improvements be required which are not provided for within the particular
sections of this chapter, they shall be designed and constructed in
accordance with good engineering practice and recognized design standards.
The developer (or his engineer) shall submit detailed design calculations
and construction specifications in each such instance. Prior to the
initiation of such specialized design, the particular standards to
be utilized shall be submitted for review by the Planning Board and
Borough Engineer.
B.
Standard Specifications and Construction Details. The Standard Specifications
for Road and Bridge Construction of the New Jersey Department of Transportation
(latest edition), including all addenda, and the Standard Construction
Details of the New Jersey Department of Transportation (latest revision)
as modified, supplemented, amended or superseded by the requirements
of this chapter, by the approved final plat, by particular agreement
among the Planning Board, Borough Council and subdivider or by other
applicable Municipal, County, State or Federal regulations, shall
govern the completion of the required improvements. Such Standard
Specifications and Standard Construction Details are made a part of
this chapter by reference and will not be herein repeated. It is the
responsibility of all developers to familiarize themselves with these
standards, copies of which may be examined at the offices of the Borough
Clerk and Borough Engineer and may be obtained, upon payment of the
cost thereof, from the New Jersey Department of Transportation. The
requirements of this chapter, of an approved final plat or of particular
agreements and conditions of approval and of applicable Municipal,
County, State or Federal regulations shall govern and prevail in the
case of conflict between them and the Standard Specifications or Standard
Construction Details. Should the Borough adopt, subsequent to the
effective data of this chapter, particular and specific Standard Construction
Details for the Borough, they shall govern and prevail over the Standard
Construction Details of the New Jersey Department of Transportation
previously referred to.
A.
Objectives. All site plan and subdivision plats shall conform to
design standards that will encourage desirable development patterns
within the Borough. Where either or both an Official Map or Master
Plan have been adopted, the site plan or subdivision shall conform
to the proposals and conditions shown thereon. The streets, drainage
rights-of-way, school sites, public parks and playgrounds and other
municipal facilities shown on an adopted Master Plan or Official Map
shall be considered in the review of site plans and subdivision plats.
Where no Master Plan or Official Map exists, or makes no provisions
therefor, streets and drainage rights-of-way shall be shown on the
final plat in accordance with C.40:550-38, and shall be such as to
lend themselves to the harmonious development of the municipality
and the enhancement of the public welfare.
B.
Responsibility for Design. Within the criteria established by and
subject to the review and approval of the Planning Board, all design
of a site plan or subdivision is the responsibility of the developer
and he shall be responsible for and bear the entire cost of any and
all investigations, tests, reports, surveys, samples, calculations,
environmental assessments, designs, researches or any other activity
necessary to the completion of the design. The standards set forth
in this chapter shall be taken to be the minimum necessary to meet
its purposes as set forth elsewhere herein. The responsibility of
the Planning Board shall be to see that these minimum standards are
followed and, in those cases not covered by these standards, sufficient
precautions are taken to assure that the eventual design is conducive
to the implementation of the purposes of this chapter and the Borough
Master Plan. The Planning Board may employ professionals in various
disciplines to advise and assist it in its determinations. Any decisions
of the Planning Board regarding the suitability or sufficiency of
any design proposal, taken upon advice of its professionals and subject
to the provisions of this chapter, shall be deemed conclusive.
C.
Design Data. To properly execute the design of a site plan or subdivision,
it is anticipated that the developer will obtain or cause to be obtained
certain design data including, but not limited to, soil tests and
analyses, environmental assessments, traffic studies and traffic projections,
surveys, reports and similar design data. Any and all such data obtained
by the developer, or by others retained by him to complete the design,
shall be made available to the Planning Board and its employees and
professional consultants, for the purpose of reviewing the proposed
design. Should the Planning Board determine that the design data submitted
is not sufficient for the purpose of completing a full review of the
proposal, it may request the applicant to provide such additional
information as is deemed necessary. Until the applicant supplies such
information, no submission under the provisions of this chapter shall
be termed complete. Nothing contained herein shall be interpreted
to prevent the Planning Board from making or causing to be made such
independent studies, calculations or other undertakings as it deems
necessary in the review of any application for development.
D.
Design Standards. When a developer determines that it will be necessary
to utilize design standards in addition to or other than those minimum
requirements established herein, he is advised to consult with the
Borough Engineer prior to beginning his detailed design, for review
and approval of his proposed design standards. Standards utilized
should generally be nationally recognized and in common use in this
area. Design standards may not be utilized if they do not have the
approval of the Borough Engineer.
E.
Waiver of Requirements. It is recognized that, in certain instances,
preexisting conditions or the uniqueness of a particular proposal
may require the waiver of some of the standards presented herein.
The Planning Board may consider and, for cause shown, may waive strict
conformance with such of these detailed design standards as it sees
fit. Any developer desiring such action shall present with his application
for development a listing of all such waivers desired together with
the reasons therefor.
A.
The block length, width, and acreage within bounding roads shall
be such as to accommodate the size and dimensions of lots required
for the zoning district by this chapter and to provide for convenient
access, circulation control, and safety of vehicles and pedestrians.
B.
Block lengths may vary between 500 and 3,000 feet but blocks, along
other than local or collector streets shall not be less than 1,200
feet long.
C.
Interior crosswalks with a right-of-way 20 feet wide containing a
sidewalk of four feet or greater in width and fenced on both sides
may be required for blocks longer than 1,200 feet and from the ends
of the cul-de-sacs to-adjacent streets and elsewhere, as required
by the public convenience, including the provision of walks giving
access to schools, playgrounds and shopping centers without the necessity
of crossing traffic thoroughfares.
[Amended 9-10-2018 by Ord. No. 813-18]
A.
Buffer areas. All uses, other than single family detached dwellings
and their accessory uses (except as otherwise provided in this chapter),
and multi-family uses, shall provide twenty-foot wide buffer areas
along all front side and rear property lines.
1.
For a proposed single family detached subdivision, a landscape plan
should be submitted showing the proposed foundation of each dwelling,
as well as street trees planted at 40 feet to 60 feet spacing.
2.
If a home professional office, home occupation or an accessory use
to a single family detached dwelling requires 10 or more off-street
parking spaces, the Planning Board shall consider the need for a buffer
area and may require that buffer areas of 20 feet in width be provided
along side and rear property lines adjacent to such accessory use
and/or off-street parking.
3.
If a proposed single family detached subdivision abuts a collector
or arterial highway or an area zoned for or occupied by uses, other
than residential, the Planning Board shall consider the need for buffer
areas and may require:
a.
That a buffer strip not exceeding 50 feet in width be provided
and maintained in its natural state and/or suitably planted with screening
and landscaping, or
b.
That the adjacent lots front on an interior street and have
a depth of at least 200 feet with suitable screening and landscaping
planted at the rear, or
c.
That other suitable means of separation be provided.
4.
For a proposed multi-family use, street trees shall be planted with 40-foot spacing and shall planted pursuant to Section 16A-8.4 of the Borough’s Land Use and Development Ordinance.
5.
For a proposed multi-family use, a buffer strip of not less than 15 feet in width or the minimum side or rear setback, whichever is less, shall be planted along side and rear property lines pursuant to Section 16A-8.4 of the Borough’s Land Use and Development Ordinance.
6.
Buffer areas shall be maintained and kept free of all debris, rubbish,
weeds and tall grass.
7.
No structure, activity, storage of materials or parking of vehicles
shall be permitted within the buffer area, except that, where permitted
by the Planning Board, the buffer area may be broken for vehicular
or pedestrian access and appropriate directional and safety signs
provided.
B.
Screening. Within buffer areas required by Section 16A-8.4A above, there shall be provided screening in accordance with the following regulation:
1.
Except as otherwise provided herein, the screening area shall be
a minimum of 20 feet in width and shall be planted with a variety
of evergreen trees approved by the Borough Shade Tree Commission (a
list of suggested trees and species may be obtained from the Shade
Tree Commission). Trees shall be planted in two staggered rows eight
feet apart and shall be between six and eight feet in height and shall
conform to the current American Standard for Nursery Stock sponsored
by the American Association of Nurserymen, Inc. Within each row, the
trees shall be planted on six foot centers (see Figure 1 below) double
staggered rows of approved evergreen trees.
|
Figure 1 Standard Screening
 |
2.
In cases where it is determined to be desirable by the Planning Board, a variety of evergreen trees planted with a minimum height of four feet may be substituted for the six to eight foot trees required under Section 16A-8.4A provided the developer shall install a solid six foot high stockade fence along the outside of the required screening strips in accordance with Section 16A-8.14 prior to commencing the construction of improvements on the site. The stockade fence shall be maintained in good condition by the developer until such time as the evergreen trees have grown to a minimum height of 10 feet at which time, the developer may remove the stockade fence.
3.
Where suitable trees exist within a screening area, they should be
retained and supplemented with shade tolerant evergreen trees to provide
the equivalent of the required screening as determined by the Borough
Shade Tree Commission.
4.
Where all proposed buildings, parking areas and other improvements
are located 50 feet or more from a property line abutting a residential
zone, the Planning Board may permit a screening area 10 feet in width
planted with a single row of evergreen trees in a location approved
by the Planning Board planted on five foot centers with a minimum
height of six feet to eight feet of a type and species to be substituted
for the screening area required in Figure 1.
(see Figure 2 below)
|
Figure 2 Modified Screening
 Single row of approved evergreen trees.
|
5.
The required height for a screening area shall be measured in relationship
to the elevation of the land at the nearest required rear, side or
front yard setback line of the abutting residentially zoned properties.
Where the average ground elevation of the location at which the screening
strip is to be planted is less than the average ground elevation at
the nearest required rear, side or front setback line on the abutting
residentially zoned property, the Planning Board may require the height
of trees planted in the required screening strips be increased by
an amount equal to the difference in elevation. Where the average
ground elevation of the location at which the screening strip is to
be planted is greater than the average ground elevation at the nearest
required rear, side or front setback line on the abutting residentially
zoned property, the Planning Board may permit the height of trees
planted in the required screening strips to be decreased by an amount
equal to one-half the difference in elevation, except that in no case,
shall the required height be reduced to less than four feet.
6.
All trees in a screening area shall be watered weekly through the
first growing season. The developer shall construct a six inch deep
earth saucer around each tree to hold water and fill with woodchips
or other suitable mulch. Trees shall be nursery grown, balled and
bagged, sheared and shaped, of the required height and planted according
to accepted horticultural standards.
7.
At the following locations within required screening areas, evergreen
shrubs with a maximum mature height of 30 inches or less, approved
by the Borough Shade Tree Commission as to type, location and spacing,
shall be provided in lieu of the evergreen trees specified above:
8.
Waiver. The Planning Board, after favorable recommendation by the
Borough Engineer and Shade Tree Commission and after examination and
review, may waive, fully or partially, provisions of this section
in heavily wooded areas, in areas unsuitable for plantings or because
of other exceptional conditions, and/or may require supplementary
plantings.
C.
Landscaping.
1.
Topsoil Preservation. No topsoil shall be removed from the site or
used as spoil, except excess topsoil remaining after all improvements
have been installed in accordance with an approved site plan or subdivision
map after topsoil has been redistributed in accordance with this paragraph.
All topsoil moved during the course of construction shall be redistributed
on all regraded surfaces so as to provide an even cover and shall
be stabilized by seeding or planting. All retraced areas and all lawn
areas shall be covered by a four inch minimum thickness of topsoil.
If sufficient top-soil is not available on the site, topsoil meeting
the requirements of the Standard Specifications shall be provided
to result in a four inch minimum thickness.
2.
Protection of Trees. No material or temporary soil deposits shall
be placed within six feet of any trees or shrubs designated to be
retained on the preliminary and/or final plat. Where grading may be
required, trees not shown for removal shall be walled in and extension
tiled to the outer crown of the tree.
3.
Removal of Debris. All tree stumps and other tree parts or other
debris shall be removed from the site and disposed of in accordance
with law. No tree stumps, portions of a tree trunk or limbs shall
be buried anywhere in the development. All dead or dying trees, standing
or fallen, shall be removed from the site. If trees and limbs are
reduced to chips they may, subject to the approval of the Borough
Engineer, be used as mulch in landscaped areas.
4.
Slope Plantings. Landscaping of the area of all cuts or fills and
terraces shall be sufficient to prevent erosion, shall be approved
by the Borough Engineer and Shade Tree Commission. All roadway slopes
steeper than one root vertically to three feet horizontally shall
be planted with suitable cover plants combined with grasses and/or
sodding. Grasses or sodding alone shall not be acceptable.
5.
Selective Thinning. Throughout the development except in areas specifically
designated to remain in their natural state, in landscaped or buffer
areas, on building lots and in open space areas for public or quasi-public
use, the developer shall selectively thin to remove all dead or dying
vegetation, either standing or fallen, and shall remove, including
grubbing out stumps, all undesirable trees and other growth. The developer
shall, in accordance with overall site development and his proposed
landscaping scheme, provide cleared, graded and drained pathways approximately
four feet wide through all public or quasi-public open space in heavily
wooded areas. Such pathways should be sited to conform to the existing
natural conditions and should remain unobstructed. They are not intended
to provide improved walkways, but only to provide easy access through
open space areas.
6.
Additional trees in single family subdivisions. Besides the screening
and shade tree requirements, additional trees shall be planted throughout
the subdivision in accordance with a planting plan approved by the
Planning Board at the time of final approval. The number of trees
planted shall not be less than 10 per acre, calculated on the basis
of the entire subdivision tract. The variety of plantings may vary
from those listed under shade tree requirements and may include flowering
types and/or evergreens, not exceeding 30% of the total plantings.
7.
Additional landscaping for non-residential uses. In conjunction with
all uses other than single family homes, all areas of the site not
occupied by buildings, pavement, sidewalks, required screening, required
parking area landscaping, required safety islands, or other required
improvements, shall be landscaped by the planting of grass or other
ground cover acceptable to the Planning Board and a minimum of two
shrubs and one tree for each 250 square feet of open space.
8.
Trees shall be planted with a minimum diameter of two inches breast
height.
9.
Waiver. The Planning Board, after favorable recommendation by the
Borough Engineer and Shade Tree Commission and after examination and
review, may waive, fully or partially, provisions of this section
in heavily wooded areas, in areas unsuitable for plantings or because
of other exceptional conditions and/or may require supplementary plantings.
10.
Specifications. All planting, clearing, selective thinning,
topsoiling, seeding and other landscaping work shall conform to the
applicable requirements of the Standard Specifications.
11.
Landscaping Plan. The placement of landscaping shall be in accordance
with a landscaping plan submitted with the final plat. Relocated plantings:
Existing plants may be salvaged and/or relocated from clearing areas
within the development and utilized to meet the planting requirements
of Section 16A-8.4C6 and 7, provided that:
a.
Each three items of salvaged and/or relocated plant material
shall be considered equivalent to two items of new plant material;
and
b.
All such salvaged and/or relocated plant material shall be of
a type, size and quality acceptable to the Shade Tree Commission and
the Borough Engineer; and
c.
All such salvaged and/or relocated plant material shall be dug,
transported and replanted at a season of the year using a schedule
and equipment, methods and materials conforming to the requirements
of the Standard Specifications and subject to the approval of the
Shade Tree Commission and the Borough Engineer.
d.
The developer has received the approval of the Shade Tree Commission
and the Borough Engineer of the items to be relocated and the schedule
and methods of relocation prior to any work of salvaging and/or relocation
taking place.
D.
1.
In each subdivision of land, the developer shall plant between the
sidewalk and right-of-way line proper shade and/or decorative trees
of a type approved by the Shade Tree Commission at a maximum distance
of 50 feet between trees. The minimum distance between such trees
planted shall be 40 feet. Planting sites shall be indicated on the
final plat. Such plantings shall not be required within sight easements
as required elsewhere herein.
2.
All trees planted in accordance with the provisions of this chapter
shall be placed in a proper manner and in a good grade of tops oil
and within the area of the tree well at the point where the tree is
planted. In the event that any individual person or group of individual
persons desire to plant a tree or trees in a tree well or within the
jurisdiction of the Borough Shade Tree Commission, such person or
persons may do so, provided that they conform to the provisions of
this chapter, and further provided that permission of the said Shade
Tree Commission is obtained.
3.
All shade trees to be hereafter planted in accordance with this chapter
shall be nursery grown, or of substantially uniform size and shape
and shall have straight trunks. Ornamental trees need not have straight
trunks, but must conform in all other respects with the provisions
for trees and tree plantings outlined in this chapter.
4.
All trees planted pursuant to this chapter shall be planted in a
dormant state.
5.
Subsequent or replacement plants shall conform to the type of existing
tree in a given area, provided that if any deviation is anticipated,
it must be done only with the permission of the Shade Tree Commission.
In a newly planted area, only one type of tree may be used on a given
street, unless otherwise specified by the Shade Tree Commission.
6.
A hole in which a tree is to be planted shall be in each case, 1/3
larger in width and in depth than the existing root ball of the particular
tree to be planted. The hole for a tree to be planted shall contain
proper amounts of topsoil and peat moss, but no chemical fertilizer
shall be added until the tree has been planted for one year.
7.
All shade trees shall be planted in accordance with the landscaping
requirements of the Standard Specifications.
A.
All development on tidal lagoons, navigable waterways or other bodies
of water, either existing or proposed, shall provide for bulkheading.
All development on tidal bodies of water, whether existing or proposed,
shall provide for bulkheading or other appropriate permanent bank
stabilization, acceptable to the Planning Board. In no case shall
bank slopes, bulkhead, rip-rap, revetments, or other elements of bank
stabilization be located within required minimum yard areas. Bulkheads
may be constructed of treated timber, reinforced concrete, marine
alloy steel or other materials in accordance with approved details
(if adopted) and a detailed design to be submitted by the developer
in each case for approval by the Borough Engineer, the Environmental
Commission, and such other approval authorities, including, but not
limited to, the United States Army Corps of Engineers, and New Jersey
Department of Environmental Protection as may be necessary. All reconstructed
lagoons shall have a minimum width of 100 feet and be provided with
suitable turning basins.
B.
The Planning Board may consider waiver and/or modification of this
requirement when necessary to preserve wetlands or other natural features,
provided that minimum lot sizes may be maintained and that all development
may be made reasonably secure from erosion.
In zoning districts where bulk storage is a permitted accessory
use, the following minimum requirements shall apply:
A.
No bulk storage of materials or equipment shall be permitted in any
required front yard area or within 100 feet of any public street,
whichever is greater.
B.
No bulk storage of materials or equipment shall be permitted in the
front yard, or within any side or rear setback area required per the
zoned district.
C.
All bulk storage areas shall be screened, from public view by means
of suitable fencing and/or evergreen plantings as required by the
Planning Board.[1] Where the property is adjacent to a residential zone,
the screening shall meet the minimum requirements of Section 8.4 of
this chapter.
[1]
Editor's Note: As recommended by the Shade Tree Commission
and Borough Engineer.
D.
No fence used to screen a bulk storage area shall be placed closer to any property line than the distance constituting the required front, side or rear setbacks and all setback areas shall be landscaped in accordance with the requirements of Section 16A-8.4 of this chapter.
E.
All service roads, driveways and bulk storage areas shall be paved
with bituminous concrete or other surfacing material, as required
by the Planning Board, which shall be of sufficient strength to handle
the anticipated use.
F.
In no instance shall on-site bulk storage of material exceed the
height of 10 feet.
G.
No heavy equipment shall be operated or parked closer to the front
property line than the front setback plus 50 feet, except as the same
may be in transit to or from the site.
A.
All grading, excavation or embankment construction shall be in accordance
with the approved final plat and shall provide for the disposal of
all stormwater runoff and such groundwater seepage as may be encountered.
All clearing, excavation and embankment construction shall be in accordance
with the applicable requirements of the Standard Specifications. No
excavated material may be removed from the site except in accordance
with an approved final plat nor without the prior approval of the
Borough Engineer. Where borrow excavation materials from off-site
sources are required to complete the necessary grading, such material
shall meet the requirements of the Standard Specifications for Borrow
Excavation, Zone 3, and shall be subject to the approval of the Borough
Engineer.
B.
Material which the Borough Engineer judges unsuitable for use in
roadway embankment may be used for grading outside the roadway right-of-way
or in building areas with the permission of the Borough Engineer and
the Construction Official (for building areas). Any unsuitable material
which cannot be satisfactorily utilized on the site shall be removed
from the site and disposed of at places to be provided by the developer.
C.
All construction layout and grading stakes shall be set by a licensed
land surveyor or professional engineer employed by the developer or
his contractor.
D.
All rough grading must be completed prior to the construction of
roadway subgrade. All sidewalk areas and slope areas must be fully
graded prior to the construction of finished pavements or pavement
base courses.
E.
To preserve the integrity of pavements, embankments and excavations
for streets or roadways, slopes shall be no steeper than one foot
vertical rise for every three feet of horizontal distance.
F.
Such slopes shall be suitably planted with perennial grasses or other
ground cover plantings in accordance with the plans approved by the
Planning Board. In areas where excavations or embankments would extend
significantly beyond road rights-of-way, thereby causing disruption
to the natural environment of the development, the Planning Board
may, upon the application of the developer, consider or may, upon
its own initiative, direct the use of terraces, retaining walls, crib
walls or other means of maintaining roadway slopes. In any event,
the entire roadway right-of-way shall be fully graded and any retaining
walls, crib walls or terraces shall be located outside of the roadway
right-of-way and their maintenance shall be the responsibility of
the owner of the property on which they are constructed. The developer
shall make suitable provisions in the instruments transferring title
to any property containing such terraces, retaining walls or crib
walls and shall provide a copy thereof to the Planning Board and the
Borough Clerk. All graded areas within or outside of the roadway right-of-way
shall be neatly graded, topsoiled, fertilized and seeded to establish
a stand of perennial grasses.
G.
Top of slopes in excavations and the toe of slopes in embankment
areas shall not extend beyond the right-of-way line or, where provided,
the exterior line of the six-foot wide shade tree and utility easement
required herein. Sidewalk and easement areas shall slope at 2% to
the top of the curb elevation, and sidewalk construction shall conform
to this slope.
H.
Lot Grading. Lots shall be graded to secure proper drainage and to
prevent the collection of stormwater. Said grading shall be performed
in a manner which will minimize the damage to or destruction of trees
growing on the land. Topsoil shall be provided and/or redistributed
on the surface as cover and shall be stabilized by seeding or planting.
Grading plans shall have been submitted with the preliminary and final
plats, and any departure from these plans must be approved in accordance
with the requirements of this chapter for the modification of improvements.
Grading shall be designed to prevent or minimize drainage to structures
or improvements when major storms, exceeding the design basis of the
storm drainage system, occur.
1.
Wherever possible, the land shall be graded so that the stormwater
from each lot shall drain directly to the street. If it is impossible
to drain directly to the street, it shall be drained to a system of
interior yard drainage designed in accordance with the standards for
drainage facilities and suitable drainage easements shall be provided.
2.
Unless otherwise required by the Standard Specifications, all tree
stumps, masonry and other obstructions shall be removed to a depth
of two feet below finished grade.
3.
The minimum slope for lawns shall be 1% and for smooth hard-finished
surfaces, other than roadways, 5/10 of 1%.
4.
The maximum grade for lawns within five feet of a building shall
be 10% and for lawns more than 10 feet from a building, 25%.
5.
Retaining walls installed in slope control areas shall be constructed
of heavy treated timber or logs, reinforced concrete, other reinforced
masonry or of other construction acceptable to the Borough Engineer
and adequately designed and detailed on the final plat to carry all
earth-pressures, including any surcharges. The height of retaining
walls shall not exceed 1/3 of the horizontal distance from the foundation
wall of any building to the face of the retaining wall. Should the
Borough adopt, subsequently to this chapter, standard details for
such construction, the same shall govern.
6.
The developer shall take all necessary precautions to prevent any
siltation of streams during construction.
Common Open Space or Public Open Space areas proposed to be
provided in conjunction with applications for development for subdivisions
or site plans shall be subject to the following requirements:
A.
Cluster (Reduced Lot Size) Development Open Space Requirements. Open
space areas within cluster (reduced lot size) subdivisions shall be
subject to all provisions of this section and the following specific
requirements:
1.
A minimum of 20% of the tract of land proposed for development shall
not be included in building lots or streets and shall be set aside
for open space. If the subdivision is to be developed in sections,
it shall be designed in a manner that at any stage of development
at least 20% of the land area of the sections approved is set aside
for open space.
2.
Each open space area should contain a minimum of two contiguous acres.
3.
Open space areas should not be less than 50 feet in width at any
location, except where such open space is to be utilized primarily
for walkway access from a public street to the open space at the rear
of building lots, it may have a minimum width of 20 feet for a length
not to exceed 250 feet.
4.
Where possible, all of the following land areas and features shall
be preserved as open space:
a.
Floodway and flood hazard areas.
b.
Areas containing a significant number of specimen trees as determined
by the Environmental Commission.
c.
Existing watercourses, ponds.
d.
Land with a seasonal high water table of less than two feet.
e.
Wetlands as defined by the New Jersey Wetlands Act of 1970 and
delineated on wetlands maps prepared by the New Jersey Department
of Environmental Protection.
B.
Site Preparation. Within open space areas, the Planning Board may
require a developer to make certain site preparation improvements,
which may include, but are not limited to the following:
C.
Reservation of Public Areas.
1.
If the Master Plan or the official map provides for the reservation
of designated streets, public drainage ways, flood control basins,
or public areas within the proposed development, before approving
a subdivision or site plan, the Planning Board may further require
that such streets, ways, basins or areas be shown on the plat in locations
and sizes suitable to their intended uses. The Planning Board may
reserve the location and extent of such streets, ways, basins or areas
shown on the plat for a period of one year after the approval, of
the final plat or within such further time as may be agreed to by
the developer. Unless during such period or extension thereof the
municipality shall have entered into a contract to purchase or institute
condemnation proceedings according to law for the fee or a lesser
interest in the land comprising such streets, ways, basins or areas,
the developer shall not be bound by such reservations shown on the
plat and way proceed to use such land for private use in accordance
with applicable development regulations. The provisions of this section
shall not apply to streets and roads, flood control basins or public
drainage ways necessitated by the subdivision or land development
and required for final approval.
2.
The developer shall be entitled to just compensation for actual loss
found to be caused by such temporary reservation and deprivation of
use. In such instance, unless a lesser amount has previously been
mutually agreed upon, just compensation shall be deemed to be the
fair market value of an option to purchase the land reserved for the
period of reservation; provided that determination of such fair market
value shall include, but not be limited to, consideration of the real
property taxed apportioned to the land reserved and prorated for the
period of reservation. The developer shall be compensated for the
reasonable increased cost of legal, engineering or other professional
services incurred in connection with obtaining subdivision approval
or site plan approval, as the case may be, caused by the reservation.
D.
Recreation Areas. Where it is considered appropriate by the Planning
Board, portions of proposed open spaces may be designated for passive
and/or active recreational activities. Passive recreational activities
may include, but are not limited to, pedestrian paths, bicycle paths,
sitting areas and naturally preserved areas. Active recreational activities
may include, but are not limited to, swimming pools, tennis courts,
and ball fields. The location and shape of any land to be designated
for recreational activities shall be approved by the Planning Board
based on, but not limited to, the following standards:
1.
The Board shall consider the natural topography and shall attempt
to preserve the same to the greatest extent possible.
2.
The Board shall attempt to tailor the location and shape of recreational
areas to harmonize with the shape of the entire development.
3.
The Board shall consider the extent to which specific recreational
areas shall be used for passive or active recreational purposes.
4.
The Board shall request and consider recommendations from the appropriate
Borough officials.
5.
The Board shall consider the extent to which the residents of the
development shall be served by other existing or future recreational
facilities or lands within or in the vicinity of the development.
6.
The Board shall consider the sequence of development.
7.
The Board shall consider the effect which the location and shape
of recreational areas in the development will have upon the application
of sound planning principles as well as the general welfare, health
and safety of the residents of the development.
E.
Open Space Ownership.
1.
The type of ownership of land dedicated for open space purposes shall
be selected by the owner, developer, or subdivider subject to the
approval of the Planning Board and may include, but is not necessarily
limited to the following:
a.
The Borough of Little Silver, (subject to acceptance of the
Borough Council).
b.
Other public jurisdictions or agencies (subject to their acceptance).
c.
Quasi-public organizations (subject to their acceptance).
d.
Homeowners' or condominium associations or organizations.
e.
Shared, undivided interest by all property owners in the development.
2.
Any lands dedicated for open space purposes shall contain appropriate
covenants and deed restrictions approved by the Planning Board, which
insure that:
F.
Maintenance of Common Open Space.
1.
The Borough or other governmental agency may, at any time and from
time to time, accept the dedication of land or any interest therein
for public use and maintenance, but the Planning Board shall not require,
as a condition of approval, that land proposed to be set aside for
common open space be dedicated or made available to public use.
2.
The developer shall provide for an organization for the ownership
and maintenance of any open space for the benefit of owners or residents
of the development, if said open space is not dedicated to the Borough
or other governmental agency. Such organization shall not be dissolved
and shall not dispose of any open space, by sale or otherwise, except
to an organization conceived and established to own and maintain the
open space for the benefit of such development, and thereafter such
organization shall not be dissolved or dispose of any of its open
space without first offering to dedicate the same to the Borough.
3.
In the event that such organization shall fail to maintain the open
space in reasonable order and condition, the Administrative Officer
may serve written notice upon such organization or upon the owners
of the development setting forth the manner in which the organization
has failed to maintain the open space in reasonable condition, and
said notice shall include a demand that such deficiencies of maintenance
be cured within 35 days thereof, and shall state the date and place
of a hearing thereon which shall be held within 15 days of the notice.
At such hearing, the Administrative Officer may modify the terms of
the original notice as to deficiencies and may give a reasonable extension
of time not to exceed 65 days within which they shall be cured.
If the deficiencies set forth in the original notice or in the
modification thereof shall not be cured within said 35 days or any
permitted extension thereof, the Borough, in order to preserve the
open space and maintain the same for a period of one year may enter
upon and maintain such land. Said entry and maintenance shall not
vest in the public any rights to use the open space except when the
same is voluntarily dedicated to the public by the owners. Before
the expiration of said year, the Administrative Officer shall, upon
his initiative or upon the request of the organization theretofore
responsible for the maintenance of the open space, call a public hearing
upon 15 days' written notice to such organization and to the owners
of the development, to be held by the Zoning Officer, at which hearing
such organization and the owners of the development shall show cause
why such maintenance by the Borough shall not, at the election of
the Borough, continue for a succeeding year. If the Administrative
Officer shall determine that such organization is ready and able to
maintain said open space in reasonable condition, the Borough shall
cease to maintain said open space at the end of said year. If the
Zoning Officer shall determine such organization is not ready and
able to maintain said open space in a reasonable condition, the Borough
may, in its discretion continue to maintain said open space during
the next succeeding year, subject to a similar hearing and determination,
in each year thereafter. The decision of the Zoning Officer in any
such case shall constitute a final administrative decision subject
to judicial review.
4.
The cost of such maintenance by the Borough shall be assessed pro
rata against the properties within the development that have a right
of enjoyment of the open space in accordance with assessed value at
the time of imposition of the lien, and shall become a lien and tax
on said properties and be added to and be a part of the taxes to be
levied and assessed thereon, and enforced and collected with interest
by the same officers and in the same manner as other taxes.
A.
All concrete used in any subdivision or site improvement shall be
prepared in accordance with the requirements of the Standard Specifications
for the various classes of concrete used, except that the twenty-eight
day compressive strength of the concrete used shall not be less than
the following:
|
Strength Type of Concrete
|
(pounds per square inch)
|
|---|---|
|
Class A
|
5,500
|
|
Class B
|
4,500
|
|
Class C
|
3,500
|
|
Class D
|
3,000
|
B.
Unless specific written permission is obtained from the Borough Engineer
to the contrary, only concrete obtained from dry-batched redi-mixed
trucks shall be allowed.
A.
General Requirements. Concrete curb shall be constructed along both sides of every street within a development. Any existing pavements damaged by curb construction shall be repaired to the standards herein and/or as shown on the final plat. Where one side of the development boundary is along an existing street, the curb shall be constructed only on the development side. Curbs shall be constructed of Class B concrete, air-entrained, in accordance with the requirements of the Standard Specifications. Preformed bituminous cellular-type joint filler, 1/2 inch thick cut to match the cross-section of the curb, shall be used at all expansion joints at intervals not greater than 20 feet. Intermediate plate joints shall be provided at intervals not exceeding 10 feet. At places where a concrete curb abuts Portland cement concrete pavement, joints in the curb shall be placed to match the paving joints and intermediate joints shall be placed so as to create equal curb panels not longer than 20 feet. Concrete curb cross-section shall be as shown in Figure 4.1 of the Residential Site Improvement Standards N.J.A.C. Title 5, Chapter 21. The requirements of the Standard Specifications regarding curing precautions must be strictly observed.
B.
Timing of Curb Construction. In areas with bituminous concrete pavement,
required curb shall be constructed prior to the construction of the
bituminous base courses. Any required repairs to curbs which are not
suitable for acceptance shall be made prior to construction of the
final pavement wearing course. In those areas having Portland cement
concrete pavement, the curb shall be constructed after the construction
and curing of the Portland cement concrete pavement.
C.
Alternate Curb Types. In certain instances it may be necessary or
desirable to construct alternate curb types. For example, these may
be required by the Planning Board on the perimeter of channelizing
islands or in the areas of unusually heavy gutter drainage flow, or
may be desired by the developer for decorative purposes or to preserve
vegetation (e.g., granite block curb, rolled concrete curb, etc.).
If alternate, curb types are to be permitted, an appropriate construction
detail shall be submitted for approval with the preliminary and final
plats. Continuous slip-formed curb or combination curb and gutter
may be permitted if such is considered to be acceptable by the Borough
Engineer. The use of continuous slip-formed curb or combination curb
and gutter may only be permitted if the Applicant submits for review
and approval details and specifications concerning equipment, materials
and methods proposed for use and if the Borough Engineer has inspected
the installation and tested and approved a suitable sample section
of such curb or combination curb and gutter. In the event the Borough
Engineer does not approve the sample section of curb or combination
curb and gutter, the developer shall remove the sample section and
replace it with a type of curb or curb and gutter permitted by this
chapter or such other alternate as may be approved by the Planning
Board.
A.
Drainage Easements.
1.
If the property on which a proposed development is to be located
is or is proposed to be traversed by a drainage facility of any kind,
including a pipe, channel, stream or swale, the Planning Board shall
require a stormwater and drainage easement or right-of-way along said
facility be provided by the developer. If existing land drainage structures,
such as french drains, are encountered during the course of construction
of any development, such drainage structures shall either be removed
entirely or a revised final plat showing the location of such drainage
structures and accompanied with detailed cross-sections thereof shall
be filed with the Borough Engineer for consideration by the Planning
Board. The Planning Board, after consulting its Engineer and other
appropriate agencies, shall either require a drainage easement, require
that the structure be removed in part or in its entirety, or recommend
such other action to the governing body as it deems appropriate.
2.
All easements shall be shown on the final plat with a notation as
to the purpose and restrictions of the easement. Easement lines on
the final plat shall be shown with accurate dimensions and bearings
unless the easement lines are parallel or concentric with lot lines.
3.
The land which is the subject of an easement or right-of-way shall
in the case of storm drains or constructed channels be of a suitable
width meeting the requirements for design of drainage facilities,
or be a strip which conforms substantially to the floodplain of any
watercourse along both sides of the watercourse to a width of 50 feet
in each direction from the centerline of the watercourse, whichever
is the greatest; except, however, that if the location of such watercourse
is at or near the boundary of the subdivision, the dimensions of the
easement and right-of-way shall be modified to retain it within the
confines of the development. Said easement and right-of-way shall
include provision assuring the following:
a.
Preservation of the channel of the watercourse.
b.
Except in the course of an authorized drainage improvement,
prohibition of alteration of the contour, topography or composition
of the land within the easement and right-of-way.
c.
Prohibition of construction within the boundaries of the easement
and right-of-way which will obstruct or interfere with the natural
flow of the watercourse.
d.
Reservation of a public right-of-entry for the purpose of maintaining
the storm drain, drainage channel or the natural flow of drainage
through the watercourse, of maintaining the any and all structures
related to the exercise of the easement and right-of-way and of installing
and maintaining a storm or sanitary sewer system or other public utility.
B.
Conservation Easement.
1.
Conservation easements shall be required along all wetland buffer
boundaries, drainage and stormwater right-of-way in the development
and may be required also along ponds, marshes, swamps and streams
or other watercourses along which drainage rights-of-way are not required.
Such easements are intended to help prevent the siltation of streams
and other courses and the erosion of stream banks, other watercourses
and adjacent lands. The land subjected to a conservation easement
shall follow the buffer line associated with any wetland delineation,
or be a strip at least 25 feet but not more than 100 feet in width
independently located or running adjacent to each side of any required
drainage or stormwater right-of-way. Such conservation easement shall
contain provisions to restrict the removal of trees and ground cover
except for the following purposes: removal of dead or diseased trees;
thinning of trees and other growth to encourage the more desirable
growth; removal of trees to allow for structures designed to impound
water; and removal of trees in areas to be flooded for the creation
of ponds or lakes. The easements shall also prohibit filling or grading
of the lands or the disposal of refuse or waste material of any type
within the limits of the easement.
2.
The easement shall be indicated on the plat and shall be marked on
the land by concrete monuments wherever the lines of such easement
change direction or intersect lot lines.
C.
Sight Triangle Easement. In addition to right-of-way widths required
for the full design of all streets and the wider intersections as
specified, sight triangle easements shall be required on all corners
at all street intersections. Such easements shall include provisions
to restrict the planting of trees or other plantings or the location
of structures exceeding 30 inches in height measured at road level
that would obstruct the clear sight across the area of the easements
and a reservation to the public right-of-entry for the purpose of
removing any object, natural of otherwise, that obstructs the clear
sight. Such easements shall include the area on each street corner
that is bounded by the right-of-way lines and a straight line connecting
points on each right-of-way line 25 feet distant from the intersection
of the right-of-way lines or their prolongation measured at street
level. Where intersections occur on highways or roadways under the
jurisdiction of the State of New Jersey or County of Monmouth, the
sight triangle easements required by the State or the County of Monmouth
may be substituted in lieu of the requirements above.
D.
Sanitary Sewer Easement. Utility and sanitary sewer installations
not located in public rights-of-way shall be located along side and/or
rear lot lines where possible. Such easements shall be of sufficient
width to accommodate the facilities, including access for maintenance,
but shall not be less than 20 feet in width.
An environmental impact report shall accompany all applications
for preliminary subdivision and preliminary site plan approval. Such
report shall provide the information needed to evaluate the effects
of the project for which approval is sought upon the environment and
shall include data to be distributed, reviewed and passed upon as
follows:
A.
A project description which shall specify what is to be done and
how it is to be done, during construction and operation, as well as
recital of alternative plans deemed-practicable to achieve the objective.
B.
An inventory of existing environmental conditions at the project
site and in surrounding region which shall describe air quality, water
quality, water supply, hydrology, geology, soils and properties thereof,
including capabilities and limitations, sewage systems, topography,
slope, vegetation, wildlife, habitat, aquatic organisms, noise characteristics
and levels, demography, land use, aesthetics, history and archeology.
Air and water quality shall be described with reference to standards
promulgated by the Department of Environmental Protection of the State
of New Jersey and soils shall be described with reference to criteria
contained in the Freehold Area Soil Conservation District Standards
and Specifications.
C.
An assessment of the probable impact of the project upon all topics
set forth in Paragraph B.
D.
A listing and evaluation of adverse environmental impacts which cannot
be avoided, with particular emphasis upon air or water pollution,
increase in noise, damage to plant, tree and wildlife systems, damage
to natural resources, displacement of people and businesses, displacement
of existing farms, increase in sedimentation and siltation, increase
in municipal services and consequences to municipal tax structure.
Off-site impact shall also be set forth and evaluated.
E.
A description of steps to be taken to minimize adverse environmental
impacts during construction And operation, both at the project site
and in the surrounding region, such description to be accompanied
by necessary maps, schedules and other explanatory data as may be
needed to clarify and explain the actions to be taken.
F.
A statement concerning any irreversible and irretrievable commitment
of resources which would be involved in the proposed action should
it be implemented.
G.
A statement of alternatives to the proposed project which might avoid
some or all of the adverse environmental effects, including a no-action
alternative.
H.
Three copies of the Environmental Impact Report shall be submitted
to the Planning Board of Little Silver together with a filing of the
application.
I.
The Planning Board shall submit the Environmental Impact Report to
the Environmental Commission of the Borough of Little Silver and the
Borough Engineer for review and recommendation. The Environmental
Commission shall review the Report and submit to the Planning Board
its recommendations respecting the same within 60 days after receipt
thereof. Upon completion of all reviews and public hearings, but in
any event not later than 30 days after the date of its next regular
meeting following the filing of the Report, the Planning Board shall
either approve or disapprove the Environmental Impact Report as a
part of its underlying function with respect to site plan review.
In reaching a decision the Planning Board shall take into consideration
the effect of the applicant's proposed project upon all aspects of
the environment as outlined above as well as the sufficiency of applicant's
proposals for dealing with any immediate or projected adverse environmental
effects. If the Planning Board fails to act within the time period
set forth above, unless extended by agreement with the applicant,
the Report shall be deemed to have been disapproved.
J.
Upon approval by the Planning Board, the Environmental Impact Report
shall be marked or stamped "Approved" by the Secretary of the Planning
Board and shall be designated as the "Final Environmental Impact Report".
K.
Notwithstanding for foregoing, the Planning Board may, at the request
of an applicant, waive the requirement for an Environmental Impact
Report if sufficient evidence is submitted to support a conclusion
that the proposed development will have a slight or negligible environmental
impact. Portions of such requirement may likewise be waived upon a
finding that a complete report need not be prepared in order to evaluate
adequately the environmental impact of a particular project.
L.
An Environmental Impact Report as required herein shall also be submitted
as to all public or quasi-public projects unless such are exempt from
the requirement of local law by supervening County, State or Federal
law.
A.
No fences or walls shall be erected, altered or reconstructed without
a Fence Permit.
B.
Fences and walls hereafter erected, altered or reconstructed in any
zone in the Borough shall not exceed six feet in height above ground
level except as follows:
1.
Walls and fences, which are not open fences as defined in this chapter,
located in a front yard, or within 50 feet of any river, lagoon or
other body of water, shall not exceed 36 inches in height.
C.
All fences must be erected within the property line, and no fence
shall be erected so as to encroach upon a public right-of-way.
D.
The following fences and fencing construction materials are specifically
prohibited in all zones in the Borough; barbed wire, razor wire, canvas,
cloth, electrically charged, expandable and collapsible fences.
E.
All supporting members of a fence shall be located on the inside
of the fence, and if erected along or adjacent to a property line,
the supporting member of the fence shall face the principal portion
of the tract of land of the property upon which the fence is erected.
F.
Corner lots shall be allowed six-foot high fences along the road
frontage that portion of the lot that is not utilized as dwelling
front yard. The fence shall be located at the side yard setback from
the property line of the zone in which the lot is located.
A.
A Building Permit shall not be issued for new residential structure
located in an area serviced by a public or private water company unless
the distance from the midpoint of the frontage of such premises to
a functioning fire hydrant, which has been tested and approved, as
measured down to the centerline of connecting public streets, is 400
feet or less.
B.
Final subdivision plats shall not be approved by the Planning Board
unless fire hydrants are indicated on the final plat in accordance
with the requirements herein contained as to location of and distances
between fire hydrants.
C.
Fire Hydrants shall not be placed at the closed end of a turnaround
of a cul-de-sac unless the distance between the open end and the closed
end is greater than 400 feet, in which event, the fire hydrants shall
be placed at both the open end and the closed end of the cul-de-sac.
D.
The installation of fire hydrants with respect to any subdivision
shall not be considered a subdivision improvement to be included in
the bonding requirements of this chapter but rather the proper installation
of fire hydrants shall be a condition of the issuance of Certificates
of Occupancy.
E.
All fire hydrant tops will be painted with white fluorescent paint.
F.
All fire hydrants installed in the municipality shall have no less
than two, 2 1/2 inch hose connection nozzles and one, 4 1/2
inch pumper nozzle. All threads are to be National Standard fire hose
threads.
G.
Hydrants shall be set plumb with nozzles 18 inches above the ground
or, where they are to be placed in hose houses, 18 inches above the
floor.
Guard-rails, pipe railing or other appropriate barricades, as
required by the Planning Board shall be designed and placed at drainage
structures, streams, embankment limits, curves and other required
locations. Guard-rails shall be standard steel beam type with galvanized
steel posts in accordance with the Standard Construction Details.
Alternate design of guardrails and barricades may be used and shall
be submitted for approval as part of the final plat submission.
A.
Lot Size. Minimum lot size and dimensions shall be governed by the
requirements of the respective zoning districts as set forth in this
chapter, except that:
1.
The Planning Board may require larger lots where additional area
will partially or completely eliminate the necessity of changes in
grade which in the opinion of the Board would cause unreasonable destruction
of the topography or environment or would create drainage or erosion
problems.
2.
The Planning Board may require larger lots adjacent to collector
or arterial streets where, in the opinion of the Board, the larger
lots would promote the health, safety and general welfare of the public
and the residents of the development.
B.
Lot and Block Numbers.
1.
In accordance with the Tax Map specifications of the State of New
Jersey dated May 1975, prepared by the State of New Jersey Department
of the Treasury, as amended, subdivided lots and blocks shall generally
bear the original numbers with a number added as a subscript. The
use of letter designations should particularly be avoided.
2.
Prior to final plat approval by the Planning Board, two copies of
the map shall be submitted to the Borough Tax Assessor for proper
assignment of lot and block numbers and for the tax assessor's signature.
One copy of said map shall be returned with the new lot and block
numbers shown. The other copy will be retained for tax map purposes.
C.
Area and Side Lot Lines. Except as otherwise provided in this chapter,
lot dimensions and area shall not be less than the requirements of
the zoning district. Insofar as is practical, side lot lines shall
be at right angles to straight streets and radial to curved streets.
D.
Lot Frontage. Each lot shall front on an approved street accepted
or to by accepted by the Borough.
E.
Lot Line on Widened Street. Where extra width is to be provided for
the widening of existing streets, lot measurements shall begin at
the proposed right-of-way line, and all setbacks shall be measured
from such lines unless otherwise provided by this chapter.
F.
Unsuitable Lots. All lot shall be suitable for the purpose for which
they are intended to be used. To prevent the use of lots which are
not suitable because of adverse topography, environmental, flood conditions
or similar circumstances, the Planning Board may require such revisions
in a layout of the subdivision as will accomplish one of the following:
1.
That the area of the unsuitable lot is included in other lots by
increasing the size of the remaining lots.
2.
That it is included in an area to be deeded to the Borough or other
public or quasi-public body and will be held in its natural state
for conservation and/or recreation purposes.
3.
That some other suitable arrangement is made.
G.
Driveways. All structures must be accessible by means of a driveway.
For single family lots, driveways shall not be less than five
feet from the side property line and shall not exceed a slope of 12%.
For all non-single family uses, driveways must provide turnarounds
to eliminate the necessity of any vehicle backing onto any street.
A.
Monuments shall be of a size and shape required by Section 4, Chapter
358 of the Laws of 1953, and shall be placed in accordance with said
statute. In addition to the required monuments, after grading is finished,
the developer shall install a steel stake one inch in diameter and
30 inches in length on lot corners, lot line angle points or other
changes in direction, not marked by monuments, and at all angle points
or discontinuities in easement lines where such easements are not
parallel to property lines.
B.
Monuments shall also be installed along the elevation six contour
the NGVD datum as it traverse the property to delineated the limits
of the coastal wetland areas within the Borough.
A.
For every building, structure or part thereof having over 10,000
square feet of gross floor area erected and occupied for any use other
than residential, there shall be provided at least one truck standing
loading and unloading space on the premises not less than 12 feet
in width, 35 feet in length and a minimum vertical clearance of 14
feet. Buildings that contain in excess of 15,000 square feet of gross
floor area shall be required to provide additional off street loading
spaces as determined by the Planning Board during site plan review.
B.
Access to truck standing, loading and unloading areas may be provided
directly from a public street or alley or from any right-of-way that
will not interfere with public convenience and will permit orderly
and safe movement of truck vehicles.
C.
Unless otherwise permitted, fire zones shall not be used as standing,
loading or unloading areas.
D.
Loading areas, as required by this section, shall be provided in
addition to off-street parking spaces and shall not be considered
as supplying off-street parking spaces.
E.
No off-street loading or unloading area shall be permitted in any
required front yard area.
F.
Every commercial and business use shall provide a dedicated parking
space for express mail and package delivery vehicles. The dedicated
space shall be provided in addition to off-street parking spaces and
shall not be considered as supplying off-street parking spaces.
In all zones and in connection with every industrial, commercial,
institutional, professional, recreational, residential or any other
use, there shall be provided off-street parking spaces in accordance
with the following requirements and parking lot standards:
A.
Type of Parking Permitted. Each dead storage bay of an off-street
parking space may be perpendicular with the aisle, parallel with the
aisle, or at any angle between 60° and 90°. No angle parking
layout shall be permitted with an angle less than 60°.
B.
Stall Size.
1.
Automobiles. Each perpendicular or angle off-street parking space
shall occupy a rectangular area of not less than nine feet in width
and 18 feet in depth, for shopping centers shall be not less than
10 feet in width and 20 feet in depth exclusive of access drives and
aisles, except that parking spaces for the physically handicapped
shall be 12 feet wide and 16 feet wide for van accessible parking.
Parallel parking spaces shall occupy a rectangular area 10 feet by
23 feet.
2.
Other Vehicles:
a.
Uses that own, rent or service motor vehicles larger than automobiles
which must be parked and/or stored on the site shall indicate in the
statement of operations submitted with the site plan, the size of
such vehicles and the anticipated largest, number of such vehicles
to be stored and/or parked on-the site at any single time and the
site plan shall show a sufficient number of parking and/or storage
stalls at an adequate size for the largest number of such vehicles
to be parked and/or stored on the site at any one time. Aisles providing
for access to such parking and/or storage stalls shall be of adequate
width for the vehicles to be served.
b.
Failure of an applicant to indicate, where applicable, in the
statement of operations that vehicles larger than automobiles are
to be parked and/or stored on the site and provide for such parking
and/or-storage on the site plan shall be a violation of this chapter,
and any building permit or Certificate of Occupancy that has been
issued shall not be valid and may be revoked.
c.
Any change of use to a use which requires parking and/or storage
space for a greater number of vehicles larger than automobiles than
the previous use shall be required to make application for site plan
approval.
3.
When off-street parking is provided in connection with a use which
will assign or can control the utilization of parking areas (for example,
employee only parking areas), the Planning Board may approve separate
parking areas for subcompact vehicles having a length of less than
17 feet and a width of eight feet or less. Appropriate signing and
marking shall be required. The number of parking stalls which may
be designed for subcompact vehicles shall be determined by the Planning
Board based upon documentation submitted by the applicant.
C.
Aisle Widths.
1.
Aisles from which cars directly enter or leave parking spaces shall
not be less than 24 feet wide for perpendicular parking or for parking
at any angle greater 60°, and 20 feet wide for 60° angle parking,
except that all two-way aisles shall be a minimum of 24 feet wide.
2.
Only angle parking stalls or parallel parking stalls shall be used
with one-way aisles.
D.
Access Drives.
1.
Entrance and exit drives shall have a minimum width of 18 feet for
those designed for one-way traffic and 24 feet for those carrying
two-way traffic.
2.
Parking areas for 25 or more cars and access drives for all parking
areas on arterial highways shall provide curbed return radii of not
less than 25 feet for all right turn movements and left turn access
from one-way streets and concrete aprons on entrance and exit drives.
3.
Parking areas for less than 25 cars shall utilize concrete aprons
without curb returns at entrance and exit drives which are not located
on a minor arterial or principal arterial highway.
E.
Paint Striping. All parking areas may provide paint striping to delineate
parking stalls, barrier lines, lane lines, directional arrows, stop
lines, fire lanes and other striping as may be required to insure
safe and convenient traffic circulation. Such striping shall be in
substantial conformance with the Uniform Manual on Traffic Control
Devices.
F.
Traffic Signs. All parking areas shall provide traffic control signs
and devices necessary to insure safe and convenient traffic circulation.
Such devices shall be in substantial conformance with the Uniform
Manual on Traffic Control Devices.
G.
Curbing. The perimeter of all parking areas and internal islands within all parking areas open to the general public shall have continuous cast in place concrete curbing in accordance with Section 16A-8.10 of this chapter with a six inch face or such alternate curb types as may be approved by the Planning Board at the time of site plan approval. The Planning Board may waive the requirement for curb in parking areas open only to employees, service vehicles or for loading and unloading, provided that drainage, vehicle control and safety can be properly accommodated by alternate means.
H.
Paving. All parking areas shall provide pavement in accordance with the requirements of local streets set forth in Section 16A-8.22 of this chapter, except as follows:
1.
Parking areas for less than 50 cars which the Planning Board determines are not likely to be utilized by heavy truck traffic or drive-up window service, may be paved with two inches of surface pavement, Mix I-5, over a four inch stabilized bituminous base, Mix 1-2, all in accordance with the specifications contained in Section 16A-8.21.
2.
In parking areas for 100 or more cars, access drives and aisles, which the Planning Board determines are likely to be utilized by heavy trucks or unusually high traffic volumes, shall provide paving in accordance with the requirements for streets other than local streets set forth in Section 16A-8.22 of this chapter.
3.
Parking areas in residential zones for uses other than single family
dwellings may be located in any rear or side yard, but may not be
located in any required front yard.
4.
Where parking is permitted between the front building line and the
street line, whether by this chapter or variance, a safety island
or raised median separating the public street from the parking area
shall be provided in accordance with the following minimum requirements:
a.
The width of the safety island shall be that width between the
proposed curb line to a point eight feet inside the property line.
When this width is less than 18 feet, the parking area shall be reduced
to provide a minimum width for the safety island of 18 feet. All required
tree and shrub plantings shall be placed on the on-site portion of
the safety island.
b.
When perpendicular or angled parking spaces abut the safety
island, the stall depth shall be measured from a point two feet outside
the face of the curb for perpendicular spaces or angled spaces greater
than 60, and three feet outside the face of the curb for 60° angle
spaces. Such parking spaces shall be separated from access drives
by curbed islands with a minimum width, of 10 feet.
c.
Safety islands shall be landscaped, topsoiled and seeded, except
that they may, as an alternative to seeding, be provided with cover
or mulch of maintenance free materials which provide a clear and unmistakable
distinction between the parking area and the safety island.
d.
Notwithstanding the use of maintenance-free materials, there
shall be provided at least, one deciduous tree two inches in diameter
at breast height every 40 feet, or part thereof, on all safety islands.
A greater distance will be allowed for plantings are necessary for
traffic safety. The area between trees shall be planted with a minimum
of three evergreen type shrubs. The portions of any safety island
within 25 feet of any access drive or street intersection shall be
planted with evergreen shrubs less than 30 inches in height. Alternate
or additional plantings may be omitted by the Planning Board in accordance
with an approved site plan.
e.
No commercial signs, light stands or other aboveground obstructions
other than plantings shall be permitted within 10 feet of the street
right-of-way.
5.
All required parking spaces and facilities shall be located on the
same lot or parcel as the structure or use it shall serve. In the
case of non-residential uses, parking facilities may be provided on
other lots or parcels within a radius of 300 feet from the boundary
of the lot containing the use to which said parking facilities are
accessory, provided the said lots are in the same ownership as the
lot containing the principal use and subject to deed restrictions
binding the owner and his heirs, successors and assigns to maintain
the required number of spaces available and required facilities throughout
the life of such use.
6.
Required parking spaces for the physically handicapped should be
located to provide convenient access to building entrances by way
of depressed curbs and ramps in accordance with State regulations.
a.
Parking spaces for the physically handicapped shall be a minimum
of 12 feet in width and a minimum of 16 feet in width for van accessible
and the number or spaces to be provided be determined by the following
table:
|
Total Parking Spaces in Parking Area
|
Minimum Number of Spaces to Be Provided for Physically Handicapped
|
|---|---|
|
up to 25
|
1 (van accessible)
|
|
26 to 50
|
2 (1 shall be van accessible)
|
|
51 to 75
|
3 (1 shall be van accessible)
|
|
76 to 100
|
4 (1 shall be van accessible)
|
|
over 100
|
4 plus 1 for each 50 over 100 spaces (2 van accessible)
|
b.
Where possible, such spaces shall be located so that persons
in wheelchairs or using braces or crutches are not compelled to wheel
or walk behind parked cars.
c.
Lines designating the handicapped spaces shall be painted in
blue paint, and a sign(s) shall be posted and maintained, said sign(s)
to conform to regulations adopted by the Director of Motor Vehicles
and/or be in conformance with N.J.S.A. 39:4-198.
d.
All signing, pavement marking, depressed curbing and/or ramps
shall be maintained in good and proper condition, including but not
limited to the condition of required markings and signs which should
remain distinctly visible at all times.
e.
Any owner of premises required to provide handicapped parking
stalls who fails to maintain stalls, curbing, signs, or markings in
proper condition shall be subject to a fine of not less than $50 nor
more than $250. Each date that an owner fails to satisfy the obligations
of this article shall constitute a separate violation.
I.
Small Parking Areas. Parking lots having 50 or less spaces shall
be designed to provide the following minimum design requirements.
1.
A safety island where parking is permitted in the front yard area.
2.
A five foot unbroken landscaping strip along side and rear property
lines. The five foot landscaping strips shall have the same minimum
planting requirements as safety islands, except that:
3.
Not more than one two -way access drive or two one-way access drives
shall be permitted on any street.
4.
Where possible, access drives shall not be located closer than 100
feet from the nearest right-of-way line of an intersecting street,
or closer than 25 feet to any side or rear property line.
5.
No parking stall shall be located to require a vehicle to back into
any portion of the right-of-way in order to enter or exit the parking
stall.
6.
All parking areas for 10 or more vehicles shall have artificial lighting
that will provide a minimum lighting level of 0.5 horizontal foot
candles throughout the parking area and access drives. Free standing
light poles shall be no higher than the height of the highest principal
building plus five feet. Shielding shall be required where necessary
to prevent glare upon adjacent properties or streets.
J.
Large Parking Areas. Parking lots which have a capacity for parking
more than 50 vehicles shall incorporate the following minimum design
standards:
1.
All the minimum design standards for small parking areas.
2.
All entrance drives shall extend a minimum distance of 100 feet back
from the street curb line or to an access aisle.
3.
All exit drives shall extend a minimum distance of 60 feet back from
the street curb or to a major access aisle.
4.
No parking stalls shall utilize the required entrance and exit drives
or major circulation drives as access aisles.
5.
Wherever feasible, access drives located along one-way streets or
divided highways shall be separate one-way drives. Said drives shall
be located so that vehicles enter the parking area at the beginning
of the property and exit at the far end of the property unless other
considerations, such as a median opening, dictate otherwise.
6.
Access drives shall not be located closer than 100 feet from the
nearest right-of-way line of an intersecting street, except that for
uses such as shopping centers, which in the opinion of the Planning
Board will generate large traffic volumes, access drives shall not
be located closer than 200 feet from the nearest right-of-way line
of an intersecting street.
7.
No driveway shall be located less than 25 feet from the side property
line or within 50 feet of an existing drive, whichever is greater.
8.
Properties having a frontage in excess of 500 feet on any one street
shall be permitted two-way and one-way access drives providing for
not more than two entrance and two exit movements on the street. Properties
having a frontage in excess of 1,000 feet on any one street may be
permitted to have additional access drives subject to the approval
of the Planning Board.
9.
Where the Planning Board determines that the total number of off-street
parking spaces required by this chapter may not be immediately required
for a particular use, it may permit a staged development plan, which
requires that only a portion of the parking area, but not less than
65% of the required spaces, be completed initially, subject to the
following regulations:
a.
The site plan shall clearly indicate both that portion of the
parking area to be initially paved and the total parking needed to
provide the number of spaces required by this chapter.
b.
The site plan shall provide for adequate drainage of both the
partial and total parking areas.
c.
The portion of the parking area not to be paved initially shall be landscaped in accordance with Section 16A-8.4C of this chapter.
d.
The applicant shall post separate performance guarantees in addition to the performance guarantees required under Article VII of this chapter which shall reflect the cost of installing the additional parking facilities necessary to provide the total number of parking spaces required.
e.
In lieu of a permanent Certificate of Occupancy, a temporary
Certificate of Occupancy shall be issued for a period of two years.
Prior to the expiration of the two-year period, the applicant may
either (1) install the additional parking shown on the site plan and
apply to the Construction Official for issuance of a permanent Certificate
of Occupancy; or (2) apply to the Planning Board after the use has
been in operation a minimum of 18 months for a determination as to
whether or not the initial parking area provided is adequate. If the
Planning Board determines that the parking facility is adequate as
originally constructed, the performance guarantees may be released
and a permanent Certificate of Occupancy issued. If, however, the
Planning Board determines that the partial off-street parking area,
is not adequate, the applicant shall be required to install the additional
parking facilities in accordance with the terms of the performance
guarantees prior to issuance of a permanent Certificate of Occupancy.
f.
Any change of use on a site for which the Planning Board may
have approved a partial paving of off-street parking areas, to a use
which requires more parking spaces than are provided on the site,
shall require submission of a new site plan.
K.
Parking Area Landscaping. Every parking lot with more than 100 spaces
shall be divided as nearly as possible into smaller lots of 50 spaces
separated by landscaped dividing strips, excepting the area for access
aisles. The plantings required within the parking area shall be considered
exclusive from any other plantings that may be required for screening
or safety island planting. All landscaping for dividing strips shall
be shown as part of the detailed landscaping plan submission, where
required. The following criteria shall apply for internal landscaped
dividing strips:
1.
They shall have a minimum width of 10 feet.
2.
They shall be seeded and topsoiled. The use of maintenance free material
other than seeding and topsoil may be permitted if the same provides
a safe and attractive alternative.
3.
Unless otherwise approved by the Planning Board, they shall be planted with deciduous trees of two inch diameter at breast height with a maximum distance between trees at ground level of 40 feet. All trees shall be planted in a dormant state and in accordance with the appropriate requirements of Section 16A-8.4. The area between trees shall be planted with a minimum of three evergreen type shrubs.
4.
The depth of perpendicular or angled parking stalls, which abut a
landscaped dividing strip, shall be measured from a point two feet
outside the face of the curb for perpendicular spaces or angled spaces
greater than 60° and three feet outside the face of the curb for
60° angled spaces.
L.
Retaining Walls and Embankment Slopes.
1.
In the event that parking is proposed on a lot or site having a slope
greater than 10%, regardless of site, it shall be terraced, utilizing
retaining walls or properly reinforced embankment slopes and providing
for adequate safety, stability and drainage. At no time should an
embankment slope that is not reinforced, or any other earthen material
having a greater elevation than the adjacent parking area, have a
slope exceeding a ratio of 3:1.
2.
When retaining walls, terraces, embankment slopes or similar types
of earthen retaining devices are necessitated adjacent to or within
the parking area, they shall be kept in good repair or otherwise maintained
so as to keep the parking area free of debris and dirt.
M.
Access to Adjoining Property. No unrestricted vehicular access shall
be permitted between adjacent properties. Vehicular access, if agreed
upon by the owners or possessors of adjacent properties, or if required
by the Planning Board, shall normally be limited to one opening providing
two lanes of traffic and shall be located in such a manner as to offer
continuity of a similar access drive on the adjacent property. The
opening shall occur at a point having the greatest distance from the
street line which would facilitate the joining of properties. Access
shall normally be denied across the remainder of the side lines by
construction of a landscaped dividing strip, five feet in width on
the property being developed. If and when the adjacent property is
developed, there shall be a similar dividing strip at least five feet
wide. All dividing strips shall be landscaped as provided in this
section. The Planning Board may also require that provision be made
for future connection to adjacent undeveloped properties.
N.
Minimum Off-street Parking Spaces Required.
1.
Automotive Repair Garage or Body Shop: one parking space for each
400 square feet of gross floor area.
2.
Automotive Sales and Service: one parking space for each 400 square
feet of gross floor area shall be provided for customer and employee
parking. These areas shall be in addition to areas utilized for display
and storage of vehicles. Site plans shall specify which parking spaces
are designated for customers, employees, display and storage.
3.
Automotive Service Station: five parking spaces for each service
bay, exclusive of vehicle service area. In no instance shall there
be less than five off-street parking spaces.
4.
Banks, Savings and Loan Associations and Similar Financial Institutions:
one parking space for each 200 square feet of gross floor area.
5.
Barber and Beauty Shop: three parking spaces for each chair (if known),
but not less than one parking space per 200 square feet of gross floor
area.
6.
Business Offices: one parking space for each 150 square feet of gross
floor area.
7.
Church, Temple or Chapel: one parking space for each four seats in
the main congregation seating area. Where no individual seats are
provided, 20 inches of bench shall be considered as one seat. Where
seats or benches are not provided, or are provided only in a portion
of the main congregation seating area, one parking space for each
50 square feet of floor area within the main congregation seating
area.
8.
Community Center, Library, Museum, Art Gallery: one parking space
for each 200 square feet of gross floor-area.
9.
Community Club, Private Club, Lodge: one parking space for each 100
square feet of gross floor area, plus 1.5 spaces for each boat slip
where applicable.
10.
Meeting Rooms, Assembly or Exhibition Hall: one parking space
for each 50 square feet of gross floor area.
11.
Dwellings: two parking spaces for each single family dwelling.
12.
Dental or Medical Offices: one parking space for each 100 square
feet of gross floor area, except that if located within a building
housing three or more separate, unassociated practioners the requirement
shall be one parking space for each 150 square feet of gross floor
area.
13.
Farmers Market. One parking space for each 1,000 square feet
of land area in the site.
14.
Furniture, Appliance Stores or Similar Types of Uses Requiring
Large Amounts of Storage: one parking space for each 400 square feet
up to 4,000 square feet, plus one parking space for each 800 square
feet of gross floor area above 4,000 square feet.
15.
Government Office: to be determined by the Planning Board, except
that governmental offices within privately owned buildings shall provide,
a minimum of one parking space for each 150 square feet of gross floor
area.
16.
Hardware, Auto Supply Stores: one parking space for each 400
square feet of gross floor area.
17.
Laundromats or Similar Coin-operated Cleaning: one parking space
for each 200 square feet of gross floor area.
18.
Manufacturing or Industrial Establishment, Research or Testing
Laboratory, Bottling Plant or Similar Uses: one parking space for
each 500 square feet of gross floor area.
19.
Professional Office: One parking space for each 200 square feet
of gross floor area.
20.
Public and Private Utilities, Electrical Substation, Gas Regulator,
Water Works. Pumping Station and Similar Facilities: to be determined
by the Planning Board based on the specific need of the use.
21.
Restaurant, Cafe, Diner: one parking space for each 50 square
feet of gross floor area.
22.
Recreation Facilities: those not specifically mentioned herein
shall be determined by the Planning Board.
23.
Residential: for all residential developments, parking shall
be provided as set forth in the Residential Site Improvement Standards
(RSIS), as set forth in Table 4.4.-Parking Requirements for Residential
Land Uses.
24.
Retail Stores, Except Otherwise Specified: one parking space
for each 150 feet of gross floor area.
25.
Studio: art, music, dance, gymnastics and similar for the purpose
of giving instruction rather than shows or exhibitions: one parking
space for each 100 feet of gross floor area.
27.
Nursery School, Day Camp or Similar Uses: one parking space
for each 500 square feet of gross floor area.
28.
Shopping Centers: six parking spaces for each 1,000 square feet
of gross floor area.
29.
Veterinary Clinics or Hospitals or Animal Care Facilities: one
parking space for each 400 square feet of gross floor area.
30.
Warehouse, Wholesale, Machinery or Large Equipment Sales; one
parking space for each 1,500 square feet of gross floor area, plus
one parking space for each vehicle used in connection with the business.
O.
Criteria for Determining Required Parking Spaces. In computing the
number or the above required parking spaces, the following rules shall
govern:
1.
Where fractional spaces result, the required, number shall be construed
to be the nearest whole number.
2.
The parking space requirements for a use not specifically mentioned
herein shall be the sane as required for a use of similar nature as
determined by the Planning Board based upon that use enumerated herein
which is most similar to the proposed use. If there is no use enumerated
herein having sufficient similarity to the use proposed to enable
the Planning Board to establish rational parking requirements, the
Planning Board may, in its discretion, direct the applicant to furnish
the Planning Board with such data as may be necessary to enable the
Planning Board to establish rational parking requirements.
3.
Nothing in the above requirements shall be construed to prevent the
joint use of off-street parking facilities by two or more uses on
the same site, provided the total of such spaces shall not be less
than the sum of the requirements for various individual uses computed
separately by the above requirements.
4.
No part of off-street parking required by a structure or use shall
be included as part of an off-street parking requirement of another
use unless substantial proof and assurances are presented and it is
determined by the Planning Board that the use of this parking will
not be simultaneous.
B.
Lighting. All lighting fixtures for a private swimming pool shall
be installed so as to comply with all applicable safety regulations,
and shall be shielded so as to prevent any direct beam of light from
shining on any adjoining property.
C.
Electric Lines. All electrical service lines shall be buried underground
cable and/or conduit shall be in accordance with the building.
D.
Building Permit. When an application is made for a permit to construct
and locate a private swimming pool, the applicant shall show an approval
from the Board of Health of the Borough as to the suitability and
adequacy of design, materials and construction or construction specifications
of said pool, including all accessory equipment, apparatus and appurtenances
thereto. The application for a private swimming pool building permit
shall identify the building lot, the location of the residence, location
of swimming pool, all accessory equipment and apparatus, type of pool,
all basic dimensions, location of steps, diving stands, boards and
location and detail specification of enclosure and gate on the lot.
E.
Pool Location. An outdoor private swimming pool shall be located
not less than 25 feet from the side or rear of the residence on a
building lot in a R-1 or R-1A Zone and 15 feet in any other zone.
No pool, pool fence or pool accessory shall be located in a front
yard.
F.
Pump Location. The pump of a filtration or pumping station of a private
swimming pool shall be located not less than 20 feet from any side
or rear property line.
G.
Drainage. Private pools situated or extended above ground level and
less than 50 feet from an abutting property shall be surrounded by
a suitable grading or drainage system leading to a street or brook
so as to be able to carry away all the water in the pool in the case
of a break.
H.
Enclosures. Private swimming pools, spas and hot tubs shall be enclosed
in accordance with paragraphs H and I.
Outdoor private swimming pool: An outdoor swimming pool, including
an inground, above-ground or on-ground pool, hot tub or spa shall
be provided with a barrier which shall comply with the following:
1.
The top of the barrier shall be at least 48 inches (1,219 mm) above
finished ground level measured on the side of the barrier which faces
away from the swimming pool. The maximum vertical clearance between
finished ground level and the barrier shall be two inches (51 mm)
measured on the side of the barrier which faces away from the swimming
pool. Where the top of the pool structure is above finished ground
level, such as an above-ground pool, the barrier shall be at finished
ground level, such as the pool structure, or shall be mounted on top
of the pool structure. Where the barrier is mounted on top of the
pool structure, the maximum vertical clearance between the top of
the pool structure and the bottom of the barrier shall be four inches
(102 mm).
2.
Openings in the barrier shall not allow passage of a four inch (102
mm) diameter sphere.
3.
Solid barriers shall not contain indentations or protrusions except
for normal construction tolerances and tooled masonry joints.
4.
Where the barrier is composed of horizontal and vertical members
and the distance between the tops of the horizontal members is less
than 45 inches (1,143 mm), the horizontal members shall be located
on the swimming pool side of the fence. Spacing between vertical members
shall not exceed 1 3/4 inches (44 mm) in width. Decorative cutouts
shall not exceed 1 3/4 inches (44 mm) in width.
5.
Where the barrier is composed of horizontal and vertical members
and the distance between the tops of the horizontal members is 45
inches (1,143 mm) or more, spacing between vertical members shall
not exceed four inches (102 mm). Decorative cutouts shall not exceed
1 3/4 inches (44 mm) width.
6.
Maximum mesh size for chain link fences shall be a 1 1/4 inch
(32 mm) square unless the fence is provided with slats fastened at
the top or the bottom which reduce the openings to not more than 1 3/4
inches (44 mm).
7.
Where the barrier is composed of diagonal members, such as a lattice
fence, the maximum opening formed by the diagonal members shall be
not more than 1 3/4 inches (44 mm).
8.
Where a wall of a dwelling serves as part of the barrier, one of
the following shall apply:
a.
All doors with direct access to the pool through that wall shall
be equipped with an alarm which produces an audible warning when the
door and its screen, if present, are opened. The alarm shall sound
continuously for a minimum of 30 seconds immediately after the door
is opened. The alarm shall have a minimum sound pressure rating of
85 dBA at 10 feet (3,048 mm) and the sound of the alarm shall be distinctive
from other household sounds such as smoke alarms, telephones and door
bells. The alarm shall automatically reset under all conditions. The
alarm shall be equipped with manual means, such as touchpads or switches,
to deactivate temporarily the alarm for a single opening from either
direction. Such deactivation shall last for not more than 15 seconds.
The deactivation touchpads or switches shall be located at least 54
inches (1,372 mm) above the threshold of the door.
b.
The pool shall be equipped with an approved power safety cover.
9.
Where an above-ground pool structure is used as a barrier or where
the barrier is mounted on top of the pool structure, and the means
of access is a fixed or removable ladder or steps, the ladder or steps
shall be surrounded by a barrier which meets the requirements of items
1 through 8 of paragraph H. A removable ladder shall not constitute
an acceptable alternative to enclosure requirements.
10.
Prohibited Locations. Barriers shall be located so as to prohibit
permanent structures, equipment or similar objects from being used
to climb the barriers.
I.
Access gates shall comply with the requirements of items 1 through
7 of paragraph H and shall be equipped to accommodate a locking device.
Pedestrian access gates shall open outwards away from the pool and
shall be self-closing and have a self-latching device. Gates other
than pedestrian access gates shall have a self-latching device. Where
the release mechanism of the self-latching device is located less
than 54 inches (1,372 mm) from the bottom of the gate:
1.
The release mechanism shall be located on the pool side of the gate
at least three inches (76 mm) below the top of the gate; and (b) the
gate and barrier shall not have an opening greater than 1/2 inch (13
mm) within 18 inches (457 mm) of the release mechanism.
A.
General Requirements. Roadways and all appurtenances, including subgrade,
subbase, base courses and pavements, shall be constructed in accordance
with the applicable requirements of the Standard Specifications as
modified herein. All subsurface utilities including service connections
(terminating at least two feet behind sidewalk) to each lot and all
storm drains shall be installed in all roadway areas prior to the
construction of final pavement surfaces.
B.
Type of Pavement. All roadways shall be constructed with either a
bituminous concrete flexible pavement structure or a Portland cement
concrete rigid pavement structure. Only one type of pavement shall
be utilized throughout any development.
C.
Pavement Structure Design.
1.
The pavement structure design for each particular development utilizing
either a flexible or rigid pavement type shall be the responsibility
of the developer or his engineer. The pavement design shall be based
upon traffic loading projections and field sampling and laboratory
analysis of the subgrade solids to be encountered in roadway areas
in the development and shall follow current design recommendations
of the Asphalt Institute, the Portland Cement Concrete Association
or such other generally recognized standards as may be acceptable
to the Borough Engineer.
2.
As minimum requirements, rigid Portland cement paving shall be expansion
joint type paving utilizing joints similar to Type A expansion joints,
according to the Standard Construction details of the New Jersey Department
of Transportation, shall be reinforced, constructed with Class B air-entrained
concrete and shall have a minimum thickness of six inches for minor
collector streets and eight inches for other classifications. Flexible
bituminous concrete pavements shall have an equivalent structural
depth of at least 10 inches for local, local collector and minor collector
streets having a minimum wearing surface of not less than 1 1/2
inches of pavement. Type FA-BC-1, and a minimum bituminous stabilized
base course of not less than four inches and a dense graded aggregate
base course to provide the remaining depth; and an equivalent structural
depth of at least 13 inches for other street classifications, having
a minimum wearing surface of not less than two inches of pavement.
Type FA-BC-1 a minimum bituminous stabilized base course of not less
than five inches, and a dense graded aggregate base to provide the
remaining depth. Bituminous stabilized base may be substituted for
aggregate base on a 1-3 ratio (stabilized base to aggregate base)
all in accordance with the applicable requirements of the Standard
Specifications.
D.
Subgrades. All subgrade shall be prepared in accordance with the
applicable requirements of the Standard Specifications for bituminous
concrete and reinforced concrete pavements. Prior to the construction
of any subbase, base or pavement course, all soft or unyielding portions
of the subgrade which do not attain the required stability will be
removed and replaced with the suitable material, and the whole surface
of the subgrade shall be compacted. The provision of a uniform roadway
subgrade meeting the requirements of the Standard Specifications shall
be the full responsibility of the developer. In certain cases, special
treatment may be required because of the character or nature of the
subsoil. Such special treatment may include lime or cement stabilization,
wet excavation, or construction of underdrainage fields. Any proposal
by the developer to stabilize subgrade shall be subject to the approval
of the Borough Engineer.
E.
Subbase and/or Aggregate Base Courses. Where granular subbase courses
are included in the payment design section proposed by the developer,
they shall be constructed in accordance with the Applicable requirements
of Section 901.08 of soil Aggregate designated I-5 conforming to Section
901.08 of the New Jersey Department of Transportation Standard Specifications
for Road and Bridge Construction. Asphalt concrete pavements (and
stabilized bases) may be constructed on subgrade without subbase or
aggregate base courses, provided that the subgrade can be satisfactorily
prepared as hereinbefore described. Dense graded aggregate base courses
shall comply with the requirements of the Standard Specifications
for Soil Aggregate, Type 5, Class A, or Type 2, Class A or B. Portland
cement concrete pavements must be constructed with a minimum of six
inches of a granular type subbase meeting the requirements of the
Standard Specifications for Soil Aggregate, Type 4, Class E. Any subbase
course of aggregate base course to be utilized with any type of pavement
shall have a minimum thickness of four inches.
F.
Bituminous Base Courses.
1.
Bituminous base courses for use with bituminous concrete pavements
shall consist of base course in accordance with the requirements of
Section 301.02 of the New Jersey Department of Transportation Standard
Specifications for Road and Bridge Construction except that the requirements
for the construction of the base course shall be amended to allow
the laying of the base course with a single lift maximum thickness
not exceeding four inches.
2.
Prior to placement of any asphalt concrete base course, the finished
surface of any underlying subbase or aggregate base shall receive
a prime coat in accordance with the requirements of Section 304.02
of the New Jersey Department of Transportation Standard Specifications
for Road and Bridge Construction.
G.
Bituminous Pavements. Bituminous pavements shall consist of an asphalt
surface course, in accordance with the requirements of Section 404.02
of the New Jersey Department of Transportation Standard Specifications
for Road and Bridge Construction. The bituminous pavement wearing
surface should generally not be installed until just prior to the
time the streets are prepared for final acceptance. Prior to the installation
of a bituminous concrete surface, the bituminous base course shall
be inspected by the Borough Engineer. Any areas of the base course
in need of repair shall be removed and replaced at the direction of
the Borough Engineer. If the Borough Engineer directs, a leveling
course of FA-5C material shall be placed on any uneven or below grade
base courses prior to the placement of finished pavement. No pavement
surfaces shall be placed unless permission to do so has been granted
by the Borough Engineer.
H.
Concrete Pavements. Concrete pavements shall be constructed in accordance
with the requirements of the Standard Specifications. Expansion joints
shall be New Jersey State Department of Transportation Type A Expansion
Joints. The developer may submit, at the time of the submission of
the preliminary plat, an alternate expansion joint detail. The use
of such an alternate detail must be recommended by the Borough Engineer
and approved by the Planning Board. Where existing concrete roadways
are being widened as the result of the development of abutting properties,
the widened pavement shall be required to be of Portland cement concrete.
The remaining pavement in the development may, if the subdivider elects,
be bituminous concrete. This will be an exception to the requirements
that all pavement constructed within a development be of one type.
I.
Alternate Pavement Types. In areas where alternate pavement types
are proposed or desired either for decorative purposes, because of
physical restrictions or existing conditions, or because of limitations
or shortages in certain types of construction materials, a detail
of the type and/or location of alternate pavement types proposed shall
be submitted for approval with the preliminary and/or final plat.
The use of alternate pavement types may only be permitted if the applicant
submits for review and approval details and specifications concerning
the equipment, materials and methods proposed for use, and if the
Borough Engineer has inspected the installation of, and tested and
approved a suitable sample section of such pavement. In the event
the Borough Engineer does not approve the sample section of pavement,
"the developer shall remove the same section and replace it with a
type" of pavement permitted by this chapter or such other alternate
as may be approved by the Planning Board.
A.
When the effective operation of a building or structure, or equipment
within a building or structure, necessitates placing machinery, motors,
generators or similar devices for cooling, heating or generating purposes,
outside or on top of any structure, they shall be screened from public
view. Said screening may consist of the following:
1.
Densely planted evergreen shrubs, which shall grow to not less than
five feet after one growing season, and
2.
A solid and uniform fence at least five feet in height on four sides
of said equipment, or
3.
A masonry wall at least five feet in height on four sides of said
equipment, or
4.
Extensions of parapet walls or mansard roof lines of structural or
ornamental screens or baffles, or
5.
Any similar type of solid or uniform screening, which will prevent
exposure of such equipment to public view.
B.
The above requirements shall not be construed to prevent an opening
in any required screening for maintenance purposes. However, any such
opening shall be made as inconspicuous as is possible so as not to
present any unsightly display of said equipment to public view.
A.
The design and construction or approval of all public systems for
extensions of existing sewerage system(s) either publicly or privately
owned, shall be under the jurisdiction of the Two Rivers Water Reclamation
Authority.
B.
Prior to the approval of any final plat, the full approval of any
sewage disposal system must have been obtained from the Two Rivers
Water Reclamation Authority and filed with the Planning Board, or
the final approval will be conditioned upon full approval of the Two
Rivers Water Reclamation Authority.
C.
Any sanitary sewage collection system shall be adequate to handle
all present and probable future development. Alignments outside streets
shall require either rights-of-way, or easements in accordance with
Section 16A-8-27, Easements.
A.
General Requirements.
1.
Sidewalks shall be constructed at the ending cul-de-sacs unless the
Planning Board deems sidewalks are not necessary. Where the development
abuts an existing street, the sidewalk shall be constructed only on
that side. Sidewalks shall also be constructed at any other places,
such as pedestrian walkways or access points to open space, as shown
on or required at the approval of the final plat.
2.
The requirements of the Standard Specifications regarding curbing
precautions must be strictly observed.
B.
Location. Sidewalks within street right-of-way shall generally be
located with the sidewalk edge farthest from the roadway placed one
foot from the property line. Sidewalk not within street right-of-way
shall be located to provide for the most likely routes of pedestrian
travel. In cases where the topography dictates a proposed development
provides for the extension of an existing street or abuts an existing
street, where sidewalks have already been installed in a location
other than as specified above or where such variations in sidewalk
locations are needed to preserve trees or natural features, the Planning
Board may approve alternate sidewalk locations in order to provide
for the preservation of physical features or the continuation of the
existing sidewalks.
C.
Sidewalk Construction. Sidewalks shall be four feet wide and four inches thick, except crossing driveways, where the thickness shall be increased to six inches with reinforced, welded wire fabric mesh for residential uses and all drives to parking areas of less than 50 spaces and to eight inches with reinforced welded wire fabric mesh, or all other uses. Sidewalks shall be six feet in width where designed to be adjacent to driveways or parking spaces subject to vehicle overhang. Where the Planning Board determines that a sidewalk may be subject to unusually heavy pedestrian traffic it may require that its width be increased (to a maximum of eight feet.) All sidewalk construction shall be in accordance witch the applicable requirements of the Residential Site Improvement Standards N.J.A.C. Title 5, Chapter 21, Section 5:21-4.18. Concrete shall be Class B, air-entrained. Preformed bituminous cellular joint fillers 1/2 inch thick shall be placed at intervals not exceeding 20 feet. Dummy (formed) joints shall be cut into the concrete sidewalk between the expansion joints at equal intervals not exceeding the width of the sidewalk.
The sidewalk subgrade shall be compacted prior to the placement
of any sidewalk. Any unsuitable material encounter in the subgrade
shall be removed and replaced with suitable material acceptable to
the Engineer.
D.
Apron Construction. Reinforced concrete aprons shall be constructed
at all driveways between the concrete curb and the concrete sidewalk.
Such aprons shall be six inches thick for residential uses and all
drives to parking areas of less than 50 spaces and to eight inches
for all other uses and shall be reinforced with welded wire fabric
(66-1212), or an equivalent approved by the Borough Engineer. Concrete
shall be Class B air-entrained. The width of the apron at the curbline
shall be not less than the width of the driveway plus 10 feet or a
minimum of 20 feet, whichever is greater.
E.
Driveway Depressions. At each driveway without curb return radii,
the concrete curb shall be depressed to form a driveway opening. The
depression shall be equal in length to the width of the driveway plus
10 feet but not less than 20 feet. At driveways with curb return the
curb depression shall accommodate the exterior limits of the radii.
The depression shall be smoothly formed to maintain a lowered curb
face across the depression of at least one inch, but not more than
two inches. The bottom of the curb shall be lowered to maintain full
curb depth across the depression.
F.
Alternate Sidewalk or Apron Types and/or Locations. In areas where
alternate sidewalk or apron types and/or locations are proposed or
desired, either for decorative purposes or because of physical restrictions
or existing conditions, a detail of the type and/or location of sidewalk
and apron proposed shall be submitted for approval with the preliminary
and/or final-plat. Continuous slip-formed sidewalks may be permitted
if such is considered to be desirable by the Borough Engineer. The
use of continuous slip-formed sidewalks may only be permitted if the
applicant submits, for review and approval, details and specifications
concerning the equipment, materials and methods proposed for use;
and if the Borough Engineer has inspected the installation and tested
and approved a suitable sample section of such sidewalk. In the event
the Borough Engineer does not approve the sample section of continuous
slip-formed sidewalk, the developer shall remove the sample section
and replace it with a type of sidewalk permitted by this chapter or
such other alternate as may be approved by the Planning Board.
G.
Curb Ramps for the Physically Handicapped. Curb ramps for the physically
handicapped shall be constructed on all street curb returns and where
appropriate, in parking areas. In general, two curb ramps shall be
constructed at each corner (see Figure No. 6A). A single ramp at the
center of the corner is acceptable when site conditions preclude the
use of the two ramp system (see Figure No. 6B). Curb ramps for the
physically handicapped shall be constructed in accordance with the
standards shown on Figures No. 6A and 6B. If there is a grass or landscaped
area between the curb and the sidewalk, side ramps need not be provided.
Curb ramps shall be provided at all four corners of full intersections
and at the two corners plus a location across the street from both
of the ramps at "T" intersections. The developer shall submit a detailed
intersection grading plan for approval of the Borough Engineer prior
to installation of the curbs, sidewalks and curb ramps at the intersection.
Curb ramps shall be constructed with a rough broom finish in
accordance with New Jersey Department of Transportation specifications
and shall be flush with the street pavement at the gutter line.
A.
General Provisions.
1.
All signs shall conform to the structural requirements of the New
Jersey Uniform Construction Code as adopted by the Borough of Little
Silver.
2.
All signs to be erected, inscribed, installed, replaced or altered
shall require a sign permit except permitted signs for private residences,
permitted window signs and temporary signs, and name plate signs not
exceeding two square feet in size. Application for such sign permit
shall be made in the same manner as applications for non-residential
building permits for the erection or construction of buildings. The
application fee for such permit shall be $100. All sign applications
shall be approved by the Planning Board. Any variance from the provisions
of this section shall be reviewed by the Planning Board in accordance
with N.J.S.A. 40:55D-70 (c).
3.
The maximum height for free standing or projecting signs, unless
otherwise provided, shall not exceed 12 feet above ground level.
4.
All signs shall be located within the building line of the property,
unless otherwise specifically provided.
5.
No permanent marquees or canopies shall extend over a required front
yard or over a public walk.
6.
Official signs erected by the Borough, County, State or Federal Government
shall be permitted in all districts.
7.
One free standing sign for identification shall be permitted for
schools, churches, hospitals or similar institutions, permitted clubs
and lodges and businesses, provided that the area shall not exceed
25 square feet in size. Each freestanding sign may have one telephone
number listed on each face of the sign.
8.
Flood lights shall not be located more than 12 feet above ground
level and shall be so placed and shielded as to prevent any glare
or blinding effect upon any lane of moving traffic.
9.
No sign shall be located in such a manner as to materially impede
the view of any street or intersection.
10.
No signs except window or special event signs shall be placed
on private or public property except for the purpose of identifying
a use or uses actually conducted upon the premises upon which such
signs are erected and for no other purpose.
11.
Signs placed in windows are permitted subject to the following
provisions. Except for "For Rent" and "For Sale" signs, any temporary
sign or other advertising material glued or otherwise attached to
a window or otherwise exposed to public view shall be removed at the
expiration of the event of sale for which it was erected or posted,
whichever shall have occurred sooner.
Not more than 15% of the square footage of any single window
or single window display area shall be devoted to signs or other advertising
material attached thereto or otherwise exposed to public view. No
window signs shall span several windows.
12.
The bottom of all projecting signs must be at least eight feet
above ground level, but shall not be above the first floor ceiling
line. The top of projecting signs shall not extend above the eaves
of the roof. Projecting signs shall be at right angles to the building
and the outermost point of the sign shall not be more than five feet
from the side of the building.
13.
Internally illuminated signs in accordance with the following
standards:
a.
All outdoor lighting shall be shown on the site plan in sufficient
detail to allow determination of the effects at the property line
and on nearby streets and driveways, residences, and overhead sky
glow.
b.
No lighting source (the bulb) shall be visible from windows,
streets and driveways, nor shall lighting be a nuisance by shining
directly into, or reflecting into windows or onto streets and driveways
where the light may interfere with driver vision.
c.
No lighting shall be of a yellow, red, green or blue beam nor
be a rotating, pulsating or other intermittent frequency.
d.
The intensity of light and the shielding, direction and reflection
of lighting and similar characteristics shall be subject to site plan
approval by the Approving Authority.
e.
Lighting for sign shall not extend beyond property line.
f.
Shall not produce a glare.
g.
Lighting intensity in the immediate area of the sign shall not
exceed 20 footcandles.
B.
Maintenance. If a Borough Official shall find that any sign is unsafe,
insecure or in need of repair, or is not maintained in proper painted
condition, that Official shall give written notice to the permittee
thereof. If the permittee fails to repair or remove it within 30 days
after such notice, such sign may be removed in order to comply, by
the Official at the expense of the permittee or owner of property
on which it is located.
C.
Prohibited Signs.
1.
No rotating beam of flashing illumination shall be used in connection
with any sign.
2.
Signs with any lighting or control mechanism which may cause radio
or television interference.
3.
Any sign so erected, constructed or maintained as to obstruct or
be attached to any fire escape, door or opening used as means of egress
or ingress, or for firefighting purposes, or placed so as to interfere
with any opening for ventilation required by law.
4.
Signs utilizing the colors red or green in their illuminations when
the signs are placed within 50 feet of a street intersection.
5.
Any sign which is of such a form, character or shape as to confuse
or dangerously distract the attention of a motor vehicle.
6.
Any advertisement that uses a series of two or more signs or units,
placed in a line parallel to the street, or in similar fashion, all
carrying a single advertising message, part of which is contained
on each sign.
7.
Signs which in any way simulate official directional or warning signs
erected or maintained by the State of New Jersey, Monmouth County
or Borough, or by any railroad, or public utility or similar agency
concerned with the protection of the public health or safety.
8.
Pennants, multi-color streamers or banners, except during a ten-day
period following the commencement of business by a new owner or tenant.
9.
Signs, which rotate or move or which have rotating or moving parts.
10.
Signs which are above the parapet of a building.
11.
Signs which are attached to utility poles or trees.
12.
Signs which advertise that real estate has been sold or rented.
13.
Neon signs.
14.
Signs with rolling messages.
15.
Signs containing multiple phone numbers. (one phone number per
sign shall be permitted.
16.
Signs containing description of services provided or promoting
identification other than the building name or location that exceed
two line and/or eight words, excluding telephone numbers.
17.
Signs containing advertising.
D.
Permitted Signs In Residential Zones.
1.
Signs to identify a permitted professional use or the occupant of
a residence, and trespassing signs, or signs indicating the private
nature of a driveway or premises, provided that the area of any such
sign shall not exceed two square feet, shall not exceed four feet
in height above ground level, shall not be artificially lighted and
shall be situated within the property lines of the premises it identifies.
2.
One non-illuminated temporary sign advertising the prospective sale
or rental of the premises upon which it is maintained, provided that
the area of any such sign shall not exceed three square feet, shall
not exceed four feet in height above ground level and that it shall
be removed within 30 days after consummation of a lease or sale transaction
and further provided that the words "For Sale" or "For Rent" or similar
words must be the largest wording on the sign.
3.
One free standing sign for each major subdivision, provided such
sign shall not exceed 20 square feet in area and shall not exceed
eight feet in height. Any sign remaining in the area after all work
on the subdivision is completed shall not exceed four square feet
and shall not exceed eight feet in height above ground level.
a.
One non-illuminated temporary directional sign for each major
subdivision may be placed in accordance with the restrictions on signs
set forth in this section. For the purposes of this section, "Temporary
Directional Sign" means one temporary sign that solely indicates the
residential subdivision, or a portion thereof, is for sale and provides
directions to the property.
b.
All temporary directional signs are subject to the following
conditions:
(1)
Size. The area of the sign shall not exceed three square feet
in size.
(2)
Height. The vertical distance measured from ground level to
the highest point of such sign or sign structure or other support
shall not exceed four feet.
(3)
Application required. A properly completed Development Permit
Application with location and written permission of the owners of
the property on which the sign shall be located is required. In addition,
a $10 temporary sign fee shall accompany each application.
4.
No more than one permanent sign per lot shall be permitted unless
otherwise specified, for each use permitted in this zone.
E.
Permitted Signs In Nonresidential Zones.
1.
Each nonresidential use may have a wall sign on the front of the
building, not exceeding a total of 10% of the front building face
area; including all doors and windows, but excluding the roof, and
not exceeding 30 square feet in area.
3.
The overall sign area of all signs shall not exceed 15% of the front
building face area, including all doors and windows.
4.
Where a nonresidential structure is located at the intersection of
two streets, or a street and a parking lot, an additional wall sign
may be erected or inscribed, upon the side wall, provided that such
wall sign does not exceed 5% of the face area of the front of the
building.
5.
Where the rear of a non-residential structure adjoins a parking area
or public access to a street, a wall sign not exceeding 10 square
feet may be erected or inscribed, provided the total sign area of
the premises does not exceed 15% of the face of the building. However,
where a public entrance exists at the rear of a non-residential structure,
a wall sign not exceeding two square feet and stating the name of
the premises only may be erected or inscribed, which shall not be
counted toward the 15% limitation imposed in this subsection.
6.
One temporary sign advertising the sale or rental of real estate
on which it is located shall be permitted, provided that the area
on one side of such sign shall not exceed an area of 25 square feet.
7.
Directional and trespassing signs may be permitted on the premises;
however no such sign shall exceed six square feet in area.
8.
No free standing sign shall be erected, installed or maintained nearer
than 50 feet from the boundary of any residential zone unless such
free standing sign is of a size and type permissible in a residential
zone and unless the illumination, if any, of such sign is from within
and of such intensity and so directed as not to cause a nuisance to
adjacent property owners.
9.
Permitted signs shall be limited to a maximum number of one.
10.
Where a free-standing gang sign displaying tenants located in
that particular structure has been erected no individual tenant signs
shall be erected.
F.
Special Event Signs.
1.
Civic groups or service organizations may erect a temporary sign
prior to a special event provided that permission is granted by the
Mayor and Council.
2.
Any business, industrial or professional user shall be allowed to erect advertising material which conforms to the requirements of Section 16A-8.26 for a period not to exceed a total of 14 days during each calendar year. Approval of temporary signs shall be required by the Zoning Officer upon submission of a completed sign application together with a scale drawing clearly showing the dimensions and location of the temporary sign.
3.
Temporary residential real estate
open house signs may be placed in accordance with the restrictions
on signs set forth in this section. For the purposes of this section,
"Residential Real Estate Open House Sign" means a temporary sign that
solely indicates that residential property, or a portion thereof,
is for sale, lease, or rent and provides directions to the property
and "open house" information. All temporary residential real estate
open house signs are subject to the following conditions:
1.
Size. The total face area of the signs shall not exceed two
feet by two feet in size.
2.
Height. The vertical distance measured from ground level to
the highest point of such sign or sign structure or other support
shall not exceed three feet.
3.
Local address. Signs shall only advertise a residence in the
Borough of Little Silver.
4.
Limit. No more than three temporary residential real estate
open house signs per property for sale, lease or rent shall be posted
and is limited to one open house sign and not exceeding two directional
signs.
5.
Type. Signs shall be mounted either on stakes placed in the
ground or with an A-frame support of sufficient weight so that the
sign remains upright when mounted. Signs and any supporting structures
shall be maintained in good condition at all times and shall be constructed
out of quality materials normally used in professional signage. No
balloons or flags or similar devices may be affixed to the sign.
6.
Time. Signs shall only be displayed during the "open house"
and only on Sundays (or federal or state holidays) not earlier than
11:00 a.m. and must be removed no later than dusk or 6:00 p.m., whichever
occurs first.
7.
Application required. A properly completed Development Permit
Application with locations and written permission of all property
owners of property on which signs are to be located is required. In
addition, a $10 temporary sign fee shall accompany each Application.
Applications shall be submitted at least 10 days in advance of the
open house.
8.
Penalty. Violation of this chapter for failure to obtain a permit
or failure to remove the signs in a timely manner shall be subject
to a fine of $250 for the first violation with escalating penalties
up to $2,000 for subsequent violations.
Solid wastes from all uses other than single or two family homes,
if stored outdoors, shall be placed in metal receptacles within a
screened refuse area subject to the following minimum standards:
A.
The screened refuse area shall not be located within any front yard
area.
B.
The refuse storage area shall be surrounded on three sides by a solid
uniform fence or wall not less than five feet nor more than eight
feet in height. Such fence shall be exempt from the provisions of
any ordinance of the Borough regulating the height of fences and requiring
permits therefor.
C.
A five-foot minimum width landscaping area shall be provided along
the fence or wall enclosing the refuse storage area. The landscaping
to be provided shall be shown on the site plan submitted for Planning
Board approval.
D.
The opening in the enclosed refuse area should be located to minimize
the view of refuse from adjoining properties or public streets.
E.
If located within or adjacent to a parking area or access drive,
the enclosed refuse area shall be separated from such parking area
or access drive by curbing.
F.
The enclosed refuse area shall not be located so as to interfere
with traffic circulation or the parking of vehicles.
G.
All refuse shall be deposited in containers maintained within the
refuse area. No containers shall be maintained anywhere on-site except
in a refuse area meeting these requirements.
H.
If outdoor storage of solid waste is not proposed, the site plan
submission shall detail the methods proposed for accommodating solid
waste within the structure. The Planning Board may require that a
suitable area be set aside, but not improved, for a future solid waste
storage area meeting these requirements, even if indoor accommodations
for solid waste are proposed.
[Amended in entirety 11-9-2020 by Ord. No. 842-20]
[Added 11-9-2020 by Ord.
No. 842-20]
A.
Policy Statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure Best Management Practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
B.
Purpose. The purpose of this Section 16A-8.28 is to establish minimum stormwater management requirements and controls for "major development," as defined below in § 16A-8.28.2.
D.
Compatibility with Other Permit and Ordinance Requirements. Development approvals issued pursuant to this Section 16A-8.28 are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this Section 16A-8.28 shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
This Section 16A-8.28 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 16A-8.28 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.
[Added 11-9-2020 by Ord.
No. 842-20]
For the purpose of this Section 16A-8.28, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Section 16A-8.28 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.
Means those areas with boundaries incorporated by reference
or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
Means the map used by the Department to identify the location
of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
Means an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this Section 16A-8.28.
Means the increase in soil bulk density.
Means the area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
Means a pedestrian-oriented area of commercial and civic
uses serving the surrounding municipality, generally including housing
and access to public transportation.
Means 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:
Means the Department of Environmental Protection.
Means 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.
Means a State Development and Redevelopment Plan Center as
designated by the State Planning Commission such as urban, regional,
town, village, or hamlet.
Means the division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
In the case of development of agricultural land, development
means: any activity that requires a State permit, any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A 4:1C-1 et seq.
Means 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.
Means a geographic area within which stormwater, sediments,
or dissolved materials drain to a particular receiving waterbody or
to a particular point along a receiving waterbody.
Means neighborhoods designated by the Urban Coordinating
Council "in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A 55:19-69.
Means 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.
Means 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.
Means the detachment and movement of soil or rock fragments
by water, wind, ice, or gravity.
Means a stormwater management measure that manages stormwater
close to its source by:
Means an area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a 14-digit hydrologic unit boundary designation, delineated within
New Jersey by the United States Geological Survey.
Means a surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
Is the process by which water seeps into the soil from precipitation.
Means 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.
Means an individual "development," as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of one-quarter acre or more of "regulated impervious
surface" since February 2, 2004;
The creation of one-quarter acre or more of "regulated motor
vehicle surface" since March 2, 2021; or
A combination of paragraphs B and C above that totals an area
of one-quarter acre or more. The same surface shall not be counted
twice when determining if the combination area equals one-quarter
acre or more.
|
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of paragraphs A, B, C or D above. Projects undertaken by any government
agency that otherwise meet the definition of "major development" but
which do not require approval under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., are also considered "major development."
|
Means 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.
Means 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.
Means any city, borough, town, township, or village.
Means the manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this Section 16A-8.28. 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 Section 16A-8.28. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this Section 16A-8.28, provided the design engineer demonstrates to the municipality, in accordance with Section 16A-8.28.4F of this Section 16A-8.28 and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this Section 16A-8.28.
Means an area designated by the State Planning Commission
concentrating facilities and activities which are not organized in
a compact form.
Means a chemical element or compound, such as nitrogen or
phosphorus, which is essential to and promotes the development of
organisms.
Means any individual, corporation, company, partnership,
firm, association, political subdivision of this State and any state,
interstate or Federal agency.
Means any dredged spoil, solid waste, incinerator residue,
filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge,
munitions, chemical wastes, biological materials, medical wastes,
radioactive substance (except those regulated under the Atomic Energy
Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)),
thermal waste, wrecked or discarded equipment, rock, sand, cellar
dirt, industrial, municipal, agricultural, and construction waste
or runoff, or other residue discharged directly or indirectly to the
land, ground waters or surface waters of the State, or to a domestic
treatment works. "Pollutant" includes both hazardous and nonhazardous
pollutants.
Means the amount of water from precipitation that infiltrates
into the ground and is not evapotranspired.
Means any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Means any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
Means 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.
Means the lot or lots upon which a major development is to
occur or has occurred.
Means all unconsolidated mineral and organic material of
any origin.
Means an area delineated on the State Plan Policy Map and
adopted by the State Planning Commission that is intended to be the
focus for much of the State's future redevelopment and revitalization
efforts.
Is defined as the geographic application of the State Development
and Redevelopment Plan's goals and statewide policies, and the official
map of these goals and policies.
Means 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.
Means an excavation or embankment and related areas designed
to retain stormwater runoff. A stormwater management basin may either
be normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Means 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 non-stormwater
discharges into stormwater conveyances.
Means a public body authorized by legislation to prepare
stormwater management plans.
Means 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.
Means water flow on the surface of the ground or in storm
sewers, resulting from precipitation.
Means 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.
Means a neighborhood given priority access to State resources
through the New Jersey Redevelopment Authority.
Means a zone designated by the New Jersey Enterprise Zone
Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A.
52:27H-60 et. seq.
Is defined as previously developed portions of areas:
Means 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.
Means 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.
Means an area that is inundated or saturated by surface water
or ground water at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions,
commonly known as hydrophytic vegetation.
[Added 11-9-2020 by Ord.
No. 842-20]
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.
B.
The standards in this Section 16A-8.28 apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or Water Quality Management Plan adopted in accordance with Department rules.
[Added 11-9-2020 by Ord.
No. 842-20]
A.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Section 16A-8.28.10.
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 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 Section 16A-8.28.4P, 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 Section 16A-8.28.4O, P, Q and R may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
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 Section 16A-8.28.4O, P, Q and R to the maximum extent practicable;
3.
The applicant demonstrates that, in order to meet the requirements of Section 16A-8.28.4O, 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 16A-8.28.4D3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Section 16A-8.28.4O, P, Q and R that were not achievable onsite.
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 Section 16A-8.28.4O, P, Q and R. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendment of the New Jersey Stormwater Best Management Practices Manual 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 Register a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
F.
Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this Section 16A-8.28 the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry Well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass Swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
|
Green Roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured Treatment Device(a)(g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious Paving System(a)
|
80
|
Yes
|
Yes(b) No(c)
|
2(b)
1(c)
|
|
Small-Scale Bioretention Basin(a)
|
80 or 90
|
Yes
|
Yes(b) No(c)
|
2(b)
1(c)
|
|
Small-Scale Infiltration Basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-Scale Sand Filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative Filter Strip
|
60-80
|
No
|
No
|
—
|
|
(Notes corresponding to annotations(a) through (g) follow 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
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention System
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration Basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand Filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard Constructed Wetland
|
90
|
Yes
|
No
|
N/A
|
|
Wet Pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations (b) through (d) follow 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
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue Roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended Detention Basin
|
40-60
|
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
|
50-90
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|---|---|
|
(a)
|
Subject to the applicable contributory drainage area limitation
specified at Section 16A-8.28.4O2.
|
|
(b)
|
Designed to infiltrate into the subsoil.
|
|
(c)
|
Designed with underdrains.
|
|
(d)
|
Designed to maintain at least a ten-foot wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation.
|
|
(e)
|
Designed with a slope of less than 2%.
|
|
(f)
|
Designed with a slope of equal to or greater than 2%.
|
|
(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at Section 16A-8.28.2.
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at Section 16A-8.28.2.
|
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 Section 16A-8.28.6B. Alternative stormwater management measures may be used to satisfy the requirements at Section 16A-8.28.4O only if the measures meet the definition of green infrastructure at Section 16A-8.28.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at Section 16A-8.28.4O2 are subject to the contributory drainage area limitation specified at Section 16A-8.28.4O2 for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Section 16A-8.28.4O2 shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Section 16A-8.28.4D is granted from Section 16A-8.28.4O.
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 one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Section 16A-8.28.8C;
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, 7.4, and 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 Section 16A-8.28.8; 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 subchapter, 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 Section 16A-8.28.2 may be used only under the circumstances described at Section 16A-8.28.4O4.
K.
Any application for a new agricultural development that meets the definition of major development at Section 16A-8.28.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Sections 16A-8.28.4O, P, Q and R and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
L.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Section 16A-8.28.4P, Q and R shall be met in each drainage area, unless the runoff from the drainage areas converge onsite 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 Section 16A-8.28.4O, P, Q and R and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Section 16A-8.28.10B5. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
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 Section 16A-8.28.4 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 paragraph 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 paragraph 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 Section 16A-8.28.4P and Q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Section 16A-8.28.4F and/or an alternative stormwater management measure approved in accordance with Section 16A-8.28.4G. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry Well
|
1 acre
|
|
Manufactured Treatment Device
|
2.5 acres
|
|
Pervious Pavement Systems
|
Area of additional inflow cannot exceed 3 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 Section 16A-8.28.4R, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Section 16A-8.28.4G.
4.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Section 16A-8.28.4D is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Section 16A-8.28.4G may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Section 16A-8.28.4P, 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 Section 16A-8.28.4P, Q and R, unless the project is granted a waiver from strict compliance in accordance with Section 16A-8.28.4D.
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 Section 16A-8.28.5, either:
a.
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual pre-construction groundwater recharge volume for the site;
or
b.
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from pre-construction to post-construction
for the two-year storm is infiltrated.
3.
This groundwater recharge requirement does not apply to projects
within the "urban redevelopment area," or to projects subject to paragraph
4 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 one-quarter 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 paragraph 2 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:
|
R = A + B - (A x B)/100
|
|
Where:
| ||
|
R
|
=
|
total TSS percent load removal from application of both BMPs.
|
|
A
|
=
|
the TSS percent removal rate applicable to the first BMP.
|
|
B
|
=
|
the TSS percent removal rate applicable to the second BMP.
|
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 Section 16A-8.28.4P, 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)3.i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
10.
The 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 Section 16A-8.28.5, 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 pre-construction runoff hydrographs for the same
storm events;
b.
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the pre-construction 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%, repectively, of the pre-construction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
d.
In tidal flood hazard areas, stormwater runoff quantity analysis
in accordance with paragraphs 2a, 2b and 2c 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.
[Added 11-9-2020 by Ord.
No. 842-20]
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 pre-construction condition
of a site or portion thereof is a wooded land use with good hydrologic
condition. The term "runoff coefficient" applies to both the NRCS
methodology above at Section 16A-8.28.5A1a and the Rational and Modified
Rational Methods at Section 16A-8.28.5A1b. A runoff coefficient or
a groundwater recharge land cover for an existing condition may be
used on all or a portion of the site if the design engineer verifies
that the hydrologic condition has existed on the site or portion of
the site for at least five years without interruption prior to the
time of application. If more than one land cover has existed on the
site during the five years immediately prior to the time of application,
the land cover with the lowest runoff potential shall be used for
the computations. In addition, there is the presumption that the site
is in good hydrologic condition (if the land use type is pasture,
lawn, or park), with good cover (if the land use type is woods), or
with good hydrologic condition and conservation treatment (if the
land use type is cultivation).
3.
In computing pre-construction 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 pre-construction 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 and Water 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.
[Added 11-9-2020 by Ord.
No. 842-20]
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.
[Added 11-9-2020 by Ord.
No. 842-20]
A.
Site design features identified under Section 16A-8.28.4F above, or alternative designs in accordance with Section 16A-8.28.4G above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Section 16A-8.28.7A2 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 inch 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 paragraph 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.
|
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.
[Added 11-9-2020 by Ord.
No. 842-20]
A.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management basins. This
section applies to any new stormwater management basin.
B.
The provisions of this section are not intended to preempt more stringent
municipal or county safety requirements for new or existing stormwater
management basins. Municipal and county stormwater management plans
and ordinances may, pursuant to their authority, require existing
stormwater management basins to be retrofitted to meet one or more
of the safety standards in Section 16A-2.28.8C1, C2 and C3 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
basins to ensure proper functioning of the basins 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 basins shall include escape provisions
as follows:
a.
If a stormwater management basin has an outlet structure, escape
provisions shall be incorporated in or on the structure. Escape provisions
include the installation of permanent ladders, steps, rungs, or other
features that provide easily accessible means of egress from stormwater
management basins. With the prior approval of the municipality pursuant
to VIII.C, a free-standing outlet structure may be exempted from this
requirement;
b.
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four 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 Section 16A-8.28.8E for an illustration of safety ledges in a stormwater management basin; and
c.
In new stormwater management basins, 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 basins 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
 |
[Added 11-9-2020 by Ord.
No. 842-20]
A.
Submission of Site Development Stormwater Plan.
1.
Whenever an applicant seeks municipal approval of a development subject to this Section 16A-8.28, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Section 16A-8.28.9C 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 16A-8.28.
3.
The applicant shall submit eight copies of the materials listed in the checklist for site development stormwater plans in accordance with Section 16A-8.28.9C of this Section 16A-8.28.
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 16A-8.28.
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 flood plains
along with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
manmade 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 Sections 16A-8.28.3 through 16A-8.28.5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
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 pre-development and post-development conditions for the design storms specified in Section 16A-8.28.4.
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 onsite 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 Section 16A-8.28.10.
8.
Waiver from Submission Requirements. The municipal official or board reviewing an application under this Section 16A-8.28 may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Section 16A-8.28.9C1 through 16A-8.28C6 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.
[Added 11-9-2020 by Ord.
No. 842-20]
A.
Applicability. Projects subject to review as in Section I.C of this Section 16A-8.28 shall comply with the requirements of Section 16A-8.28.10B 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 New Jersey Stormwater Best Management Practices 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 Section
16A-8.28.10B3 above is not a public agency, the maintenance plan and
any future revisions based on Section 16A-8.28.10B7 below shall be
recorded upon the deed of record for each property on which the maintenance
described in the maintenance plan must be undertaken.
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 non-vegetated linings.
7.
The party responsible for maintenance identified under Section
16A-8.28.10B3 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 Section
16A-8.28.10B6 and B7 above.
8.
The requirements of Section 16A-8.28.10B3 and B4 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.
[Added 11-9-2020 by Ord.
No. 842-20]
Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this Section 16A-8.28 shall be subject to a fine not to exceed $2,000, or up to 90 days in jail, or both. As an alternate penalty, a convicted person may be ordered to perform community service for a period not to exceed 90 days.
A.
Street Extensions. The arrangement of streets within a development
shall provide for the extension and/or realignment of existing streets
except that local and local collector streets should only be extended,
when such extension is necessary and the Planning Board concurs that
such extension will promote safety and conform to the street standards
contained elsewhere in this chapter.
B.
Street Widening. Where developments abut existing roadways, sufficient
right-of-way shall be reserved to provide the right-of-way width proposed
for the functional classification of the street in question.
C.
Design of Local Streets. Local streets shall be designed in accordance
with the schedule of street design standards and the following requirements:
1.
Local streets shall be arranged so that there exists a minimum possibility
of their use by traffic which does not have its origin or destination
at the lots to which the local streets provide access.
2.
Cul-de-sac (dead end streets) should have a centerline length, from
the intersecting street centerline to the center point of the turnaround
of the cul-de-sac of not less than 100 feet nor longer than 1,000
feet, and should not provide access to more than 20 lots. They shall
provide an end turn-around with a property line radius of not less
than 50 feet, which shall have its center point at or to the left
of the centerline of the street, when viewed toward the closed end.
In the event it is contemplated that a dead end street shall be extended
in the future, a temporary turnaround, meeting the aforementioned
design criteria, shall be required.
3.
Loop streets should provide access to not more than 45 lots, except
that where access is provided by a combination of a short loop street
and cul-de-sac, the maximum shall be 60 lots provided that the length
of the loop street alone will not exceed 3,000 feet. Loop streets
shall have both of their termini located on the same street.
4.
P-loops, which are loop streets with a single access point, should
have an entrance not exceeding 700 feet in distance from the loop
intersection. There should also be provided an emergency vehicular
and pedestrian right-of-way of 15 feet minimum width from the loop
and providing access to a street which is not a part of the P-loop.
The loop of a P-loop should have a street length not exceeding 3,000
feet. P-loops should provide access to no more than 60 lots and the
entrance street should be designed in accordance with the design standards
for collector streets.
5.
Artificial modifications in street rights-of-way for the purpose
of increasing lot frontage shall be prohibited. Such prohibited modification
shall include, but not be limited to, widening the right-of-way of
a continuous street through the use of semicircular projections.
6.
Reduced Paving Width: When a cul-de-sac or loop streets provide access
to 20 or fewer lots, the Planning Board may consider the use of reduced
paving width where, by reason of topography, physical features or
other conditions the reduced paving width would substantially reduce
disruption of the development's environment. In no case shall the
paving width of a two-way cul-de-sac or loop street be reduced to
less than 26 feet. The Planning Board may consider the use of one-way
loop streets with a minimum paving width of 22 feet. Such one-way
streets with reduced paving width are subject to the review and approval
of the Traffic Bureau of the New Jersey Department of Transportation.
Such review and approval must be obtained by the developer before
approval of a final plat will be granted.
D.
Classification of Streets. In any development it shall be the duty
of the Planning Board to approve classification of proposed streets
according to their use. In making its decision, the Planning Board
shall refer to the Master Plan and shall consider conditions within
the development and the surrounding areas and shall use as a guide
the following street classifications and criteria:
1.
Local Street. A local street is a street serving only single-family
residences and where feasible should be either a cul-de-sac or a loop
street meeting the requirements hereinabove set forth. A street which
serves traffic having origins and destinations other than within the
lots which abut the street shall not be considered a local street.
The traffic normally expected on a local street shall be 400 vehicles
per day.
2.
Collector Streets. A collector street is generally a street gathering
traffic from local streets and feeding it into a system of arterial
highways. Even if laid out as a local street, a street should be considered
a collector street if it provides access or could provide access to
more than 150 lots, or would be utilized by traffic other than residential
in nature. Collector streets should generally be expected to carry
traffic volumes of approximately 3,000 vehicles per day. The design
speed of collector streets, for alignment and sight distance purposes,
should be 50 miles per hour.
3.
Arterial Highways. Arterials are any Federal, State or County highway
or municipal street or road intended to carry traffic between other
arterials and from the Borough to destinations outside the Borough.
Arterial highways should have a design speed of 60 miles per hour
and should be designed to carry traffic exceeding 10,000 vehicles
per day.
4.
Classification Criteria. Street classifications will be approved
by the Planning Board in accordance with the foregoing definitions,
in accordance with the provisions of the Master Plan and Official
Map if such be adopted, in accordance with the provisions of applicable
County and State regulations or plans or, in the absence of specific
information from the above, in accordance with its own best judgment
concerning the use to which the various streets in any development
will be put.
E.
Lots Abutting Collector Streets and Arterial Highways. In any subdivision
abutting or being traversed by a collector street or arterial highway,
one of the following conditions shall be required by the Board:
1.
A marginal street meeting the classifications herein for a local
street shall be provided along each collector, or arterial highway,
and shall be separated from the collector or arterial highway by a
landscaped strip at least 25 feet in width.
2.
The frontage of all lots abutting the collector or arterial highway
shall be reversed so that the lots will front on an internal local
street; a natural wooded or landscaped buffer strip at least 50 feet
in width will be provided on the abutting lots along the right-of-way
of the collector or arterial highway. The area of such buffer strip
shall not be considered part of the required minimum lot size.
3.
All lots abutting collector streets may, in lieu of the above, be
provided with suitable driveway-turnarounds eliminating any necessity
for vehicles to back into the collector street.
4.
Other means of providing a satisfactory buffer separating through
and local traffic shall be provided as may be deemed proper by the
Planning Board.
5.
Dwellings on corner lots shall have their driveway access on the
roadway designed and intended to carry the lesser amount of traffic.
F.
Street Design Standards. Street design standards shall be appropriate
to the expected use of the street, soil, topographical and other physical
conditions and to the maintenance of the purposes of this chapter,
but shall not be less than those set forth in the Schedule of Street
Design Standards (Figure No. 9).
|
Figure 9
| |||
|---|---|---|---|
|
Schedule of Street Design Standards
| |||
|
Classification
| |||
|
Local
|
Collector Streets
|
Arterial Highways
| |
|
Normal Traffic Capacity (ADT)
|
400
|
3,000
|
10,000
|
|
Minimum Right-of-Way Width
|
50 feet
|
60 feet
|
100 feet
|
|
Minimum Paving Width:
| |||
|
Two Way
|
30 feet
|
40 feet
|
0 feet
|
|
One Way
|
22 feet
|
—
|
—
|
|
Shoulder (or Parking Area Width) (1) Sidewalks:
|
—
|
—
|
2 @ 8 feet
|
|
Width
|
4 feet
|
4 feet
|
4 feet
|
|
Setback (from face of curb)
|
3 feet
|
3 feet
|
7 feet
|
|
Design Speed (MPII) (3)
|
40
|
50
|
60
|
|
Minimum Radius of Horizontal Curvature At Centerline
|
150 feet
|
500 feet
|
2,000 feet
|
|
Minimum Tangent Between Reverse Curb
|
100 feet
|
200 feet
|
600 feet (4)
|
|
Maximum Longitudinal Grade
|
8%
|
8%
|
4%
|
|
Minimum Longitudinal Grade Desirable Absolute
|
0.75%
|
0.75%
|
0.75%
|
|
Maximum Longitudinal Grade for 200 feet from Each side of an
intersection
|
3.5%
|
3.00%
|
—
|
|
Minimum Curb Return Radius at Intersection (2)
|
25 feet
|
35 feet
|
45 feet
|
|
Vertical Curve (5)
| |||
|
Crest: Minimum Length equals 100 feet Based on stopping
sight distance at design speed
| |||
|
Sag: Minimum Length equals 100 feet-Based on headlight
illumination & stopping sight distance at design speed.
| |||
|
Maximum Superelevation Not Required
| |||
|
Pavement Cross Slope Minimum
|
3.00% (7)
|
3.33% (8)
|
1.50%(8)
|
|
Curb Face Required (6)
|
6"
|
6"
|
8"
|
|
Minimum Property Line Corner Radius (2)
|
15'
|
15'
|
30'
|
|
NOTES:
| |
|---|---|
|
(1)
|
Shoulders or parking areas in required as indicates.
|
|
(2)
|
When dissimilar streets intersect the large radius will be used.
|
|
(3)
|
For sight distance and vertical curve calculation only.
|
|
(4)
|
Or as required to run out superelevation (1% per sec. of travel
at design speed).
|
|
(5)
|
Not required if algebraic difference of intersecting grades
does not exceed 1.
|
|
(6)
|
Except in superelevation areas.
|
|
(7)
|
6" crown.
|
|
(8)
|
8" crown.
|
G.
Street Intersections. Street intersections shall be designed according
to the following standards:
1.
No more than two streets shall cress the same point. Street intersections
shall be at right angles wherever possible, and intersections of less
than 70° (measured at the centerline of streets) shall not be
permitted.
2.
Streets should not enter the same side of local collector streets
at intervals of less than 500 feet, or arterials at intervals of less
than 1,200 feet. Streets which enter collectors or arterials from
opposite sides shall be directly opposite to each other or must be
separated by at least 300 feet between their centerlines measured
along the centerline of an intersected collector; or 500 feet along
the centerline of an arterial.
3.
Approaches of any collector or arterial street to any intersection
of another collector or arterial street shall be tangent or have a
centerline radius greater than 5,000 feet for at least 500 feet from
the intersection.
4.
Where a collector or arterial street intersects with a collector
or arterial street, the right-of-way of each collector shall be widened
by 10 feet five feet for each side) for a distance of 300 feet in
all directions from the intersection of the centerlines and the right-of-way
of each arterial shall be widened by 20 feet 10 feet each side) for
500 feet in all directions from the intersection of the centerlines.
5.
Approaches of any local street to any other street shall:
H.
Street Layout.
1.
Curved local streets are preferred to discourage speed and monotony.
The maximum straight line distance should not exceed 1,000 feet.
2.
The Planning Board in all cases may require provisions for continuing
circulation patterns onto adjacent properties and, for this purpose,
may require the provision of stub streets abutting adjacent properties.
3.
Residential development areas containing more than 150 lots should
have two access points from collector streets or arterial highways.
I.
Street Names. Street names and development names shall not duplicate
nearly duplicate or be phonetically similar to the names of any existing
streets or development in the Borough or contiguous areas of other
communities. Any continuation of an existing street shall have the
same street name.
J.
Limit of Improvements. The developer shall complete all improvements
to the limits of the development, unless other provisions have been
made and approved by the Planning Board. In those instances where
completion of certain improvements would not be possible until the
development of adjacent land takes place, alternate temporary improvements
may be constructed subject to the approval of the Planning Board,
and cash or a certified check representing the difference between
the value of the temporary improvements and the required improvements
may be accepted by the Borough Council to be credited toward the completion
of such improvements at such time as the adjacent land develops.
K.
Streets Serving Other Than Single- family Detached homes. The right-of-way
width and other standards for internal roads and alleys in non-residential
developments shall be determined by the Board on an individual basis
and shall in all cases be of sufficient width and design to safely
accommodate maximum traffic, parking and loading needs, and maximum
access for firefighting equipment and shall generally conform to the
requirements herein.
L.
Reserve Strips. There shall be no reserve strips or areas controlling
access to streets except where control and disposal of the land comprising
such strips or areas have been placed in the hands of the governing
body under conditions approved by the Planning Board.
Street lights shall be of a type approved by resolution of the
Borough Council and by the electric utility company serving the proposed
development, and located so as to provide a minimum lighting level
of 5/10 horizontal foot candle on all local and collector streets
and one horizontal foot candle on all arterial streets. The developer
shall pay the full cost for initial installation of any street lights.
After final acceptance, operation and maintenance costs shall be the
responsibility of the Borough.
Street signs shall be of a type and size approved by resolution
of the Borough Council and shall be properly installed at each street
intersection. Street signs shall be placed, two per intersection,
on the near right hand corner as viewed from both directions on the
street which is expected to carry the greatest traffic through the
intersection. Mountings shall be in accordance with the standard procedures
of the Borough or with requirements adopted by the Borough Council.
Street signs shall be placed before any certificate of occupancy for
houses on the subject street are issued.
The developer shall, prior to final acceptance, install all
traffic control devices required within any development or, with the
consent of the Borough Council, may pay to the Borough Treasurer a
nonrefundable sum, in cash or certified check, in the amount set by
the Borough Engineer equal to the cost of all necessary traffic control
devices not installed by the developer. Traffic control devices shall
include, but are not limited to, signs, traffic lines, lights, reflectors
and channelizing markers. The number, type, legend, placement and
size of all traffic control devices shall be in accordance with the
Manual on Uniform Traffic Control Devices by the United States Department
of Transportation and the requirements of Municipal, County and State
regulations and shall be according to an approved plan submitted at
the time of final plat approval. Construction details of all proposed
traffic control devices shall be in accordance with standards prepared
by the Borough Engineer and approved by the Borough Council.
All utility lines and necessary appurtenances including, but
not limited to, electric transmission and electric, gas and water
distribution, communications, street lighting and cable television,
shall be installed underground within easements or dedicated public
rights-of-way. The developer shall arrange with the serving utility
for the underground installation of the utilities supply lines and
service connections in accordance with the provisions of the applicable
standard terms and conditions of its tariff as the same are then on
file with the State of New Jersey Board of Public Utility Commissioners
and shall submit to the Planning Board prior to the granting of approval
a written instrument from each serving utility which shall evidence
full compliance with the provisions of this section; provided, however,
that lots which abut existing easements or public rights-of-way where
overhead utility lines have theretofore been installed may be supplied
with service from such overhead lines if no new utility poles are
required. In any event, new building service connections for all multi-family
developments, and for any industrial, commercial or office development
containing a floor area of 10,000 square feet or more, shall be installed
underground. All other new building service connections shall also
be installed underground unless specific waiver is granted by the
Planning Board. Wherever the utility is not installed in the public
right-of-way, an appropriate utility easement not less than 25 feet
in width shall be provided.
The design and construction approval of all public and individual
water supply systems (or extensions of existing systems shall be under
the jurisdiction of the owner of the utility or the Borough Board
of Health (and the State of New Jersey), respectively. Prior to the
approval of any final plat, the full approval of any public water
system must have been obtained from the appropriate agency and filed
with the Planning Board, or the final approval will be conditioned
upon full approval from the appropriate agency.
A.
For each subdivision application for 50 or more single family units,
the applicant shall provide a storage area of at least 12 square feet
within each dwelling unit to accommodate a four week accumulation
of mandated recyclables (including but not limited to: newspaper,
glass bottles, aluminum cans, tin and bin-metal cans). The storage
area may be located in the laundry room, garage, basement or kitchen.
B.
For each subdivision application for 25 or more multifamily units,
the applicant shall provide a storage area of at least three square
feet within each dwelling unit to accommodate a one week accumulation
of mandated recyclables (including but not limited to: newspaper,
glass bottles, aluminum cans, tin and bi-metal cans). The storage
area may be located in the laundry room, garage, or kitchen. Unless
recyclables are collected on a weekly basis from each dwelling unit,
one or more common storage areas must be provided at convenient locations
within the development.
C.
For each site plan application for commercial and industrial developments
that utilize 1000 square feet or more of land, the applicant shall
provide the Municipal Agency with estimates of the quantity of mandated
recyclable materials (including but not limited to: newspaper, glass
bottles, aluminum cans, tin and bi-metal cans, high grade paper, and
corrugated cardboard) that will be generated by the development during
each week. A separated storage area must be provided to accommodate
a one to four weeks accumulation of recyclable material. The Municipal
Agency may require the location of one or more common storage areas
at convenient locations within the development.
[Amended 9-10-2018 by Ord. No. 814-18]
A.
All multi-family residential development, including the residential
portion of a mixed-use project, which consists of five or more new
residential units, over and above that which is currently permitted,
whether permitted by a zoning amendment, a use variance granted by
the Zoning Board, or adoption of a Redevelopment Plan or amended Redevelopment
Plan in areas in need of redevelopment or rehabilitation, shall require
that an appropriate percentage of the residential units be set aside
for very-low-, low-, and moderate-income households.
B.
This requirement shall not apply to residential expansions, additions,
renovations, replacement, or any other type of residential development
that does not result in a net increase in the number of dwellings
of five or more.
C.
For inclusionary projects in which the very-low-, low-, and moderate-income
units are to be offered for sale, the set-aside percentage should
be 20%; for projects in which the very-low-, low-, and moderate-income
units are to be offered for rent, the set-aside percentage should
be 15%.
D.
The developer shall provide that half of the very-low-, low-, and
moderate-income units constructed be affordable by low-income households
and that the remaining half be affordable by moderate-income households.
At least 13% of all restricted units shall be very low-income units
(affordable to a household earning 30% or less of median income).
The very-low-income units shall be counted as part of the required
number of low-income units within the development.
E.
Subdivision and site plan approval shall be denied by the board unless
the developer complies with the requirements to provide very-low-,
low-, and moderate-income housing pursuant to the provisions of this
section. A property shall not be permitted to be subdivided so as
to avoid meeting this requirement. The board may impose any reasonable
conditions to ensure such compliance.
F.
This requirement does not create any entitlement for a property owner
or applicant for a zoning amendment, variance, or adoption of a Redevelopment
Plan or amended Redevelopment Plan in areas in need of redevelopment
or rehabilitation, or for approval of any particular proposed project.
G.
This requirement does not apply to any sites or specific zones otherwise
identified in the Fair Share Plan, for which density and set-aside
standards shall be governed by the specific standards set forth therein.
H.
In the event that the inclusionary set-aside percentage (15% or 20%)
of the total number of residential units does not result in a full
integer, the developer may choose one of two options of addressing
the fractional unit:
1.
The developer shall round the set-aside upward to construct a whole
additional affordable unit; or
2.
If the set-aside includes a fractional unit equal to 0.49 or less,
the developer may round the set-aside downward and construct the lesser
whole number of affordable units, but must also make a payment in-lieu
of constructing the fractional additional unit ("fractional payment
in-lieu").
a.
The fractional payment in-lieu amount shall be calculated as
the fractional unit multiplied by the base payment in-lieu dollar
amount established by the Borough Council based on a pro-forma of
an existing development in the Borough, to be on file with the Borough
Clerk.
3.
For Example: If seven total units are developed at an inclusionary
site, a 20% set-aside would require 1.4 affordable units. Per the
requirements above:
a.
The developer shall round up the 0.4 unit to one whole affordable
unit so as to construct a total of two affordable housing units; or
b.
The developer shall round the set-aside downward so as to construct
only one affordable unit AND shall pay into the Borough's affordable
housing trust fund a fractional in-lieu payment equal to a dollar
amount established by the Borough, multiplied by 0.4 units.
