A.
Any application for development shall demonstrate
conformance to design standards that will encourage sound development
patterns within the Township. Where either an Official Map or Master
Plan has been adopted, the development shall conform to the proposals
and conditions shown thereon. The streets, drainage rights-of-way,
school sites, public parks and playgrounds, scenic sites, historic
sites and flood control basins shown on the officially adopted Master
Plan or Official Map shall be considered in the approval of plats.
In accordance with good design practices, extreme deviations from
rectangular lot shapes and straight lot lines shall not be allowed
unless made necessary by special topographical conditions or other
special conditions acceptable to the approving authority. All improvements
shall be installed and connected with existing facilities or installed
in required locations to enable future connections with approved systems
or contemplated systems and shall be adequate to handle all present
and probable future development.
B.
Character of the land. Land which the approving authority
finds to be unsuitable for the intended lot(s) and their use due to
flooding, improper drainage, steep slopes, soil conditions, adverse
topography, utility easements or other features which can reasonably
be expected to be harmful to the health, safety and general welfare
of the present or future inhabitants of the development and/or its
surrounding areas shall not be subdivided and site plans shall not
be approved unless adequate and acceptable methods are formulated
by the developer to solve the problems by methods meeting this chapter
and all other regulations.
C.
Plats straddling municipal boundaries. Whenever a
development abuts or crosses a municipal boundary, access to those
lots within the Township shall be from within the Township as the
general rule. Whenever access to a development is required across
land in an adjoining community as the exception, the approving authority
may require documentation that such access is legally established
and that the access road is adequately improved.
D.
Development and street names. The proposed name of
the development and streets shall not duplicate or too closely approximate
the name of any other development or streets in the municipality.
The approving authority shall have final authority to designate the
name of the development and streets, which shall be determined at
the sketch plat or preliminary application stage.
[Amended 5-5-2005 by Ord. No. 2005-17]
There shall be included by reference in this section all language set forth in § 220-140A through F, inclusive, except that Subsection D will now present guidelines along with an appendix which outlines the maximum area allowed for an accessory structure by zoning designation. The following regulations shall apply to all accessory buildings and structures:
A.
Accessory buildings or structures as part of principal
buildings. Any accessory buildings or structures attached to a principal
building shall be considered part of the principal building, and the
total structure shall adhere to the yard requirements for the principal
building regardless of the technique of connecting the principal and
accessory buildings or structures.
B.
Accessory buildings or structures are not to be constructed
prior to principal buildings. No building permit shall be issued for
the construction of an accessory building or structure prior to the
issuance of a building permit for the construction of the principal
building upon the same premises. If construction of the principal
building does not precede or coincide with the construction of the
accessory building or structure, the Building Inspector shall revoke
the building permit for the accessory building or structure until
construction of the main building has proceeded substantially toward
completion.
C.
Distance between adjacent buildings or structures. The minimum distance
between an accessory building or structure and any other building(s)
on the same lot shall be 10 feet, except that no commercial poultry
or brooder house shall be erected nearer than 400 feet to any dwelling
on the same lot and no livestock shelter shall be erected nearer than
100 feet to any dwelling on the same lot or adjacent lot, and except
that accessory buildings or structures other than poultry or brooder
houses may be placed a minimum of 10 feet from underground structures,
such as the water area of swimming pools, provided such accessory
buildings or structures are a minimum of 10 feet from any aboveground
principal or accessory building or structure, and except that portable
hot tubs/spas shall be permitted less than 10 feet from any building
or structure on the same lot.
[Amended 1-3-2019 by Ord.
No. 2018-23]
D.
Height and area requirements.
(1)
The maximum permitted accessory structure area shall be determined by taking 25% of the square footage of the maximum principal building coverage for each zoning classification. The area of the accessory structure shall be determined in accordance with the Lot and Building Coverage Standards Table below.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
(2)
These requirements exclude all uncovered pervious
accessory structures such as patios, water area of pools, and decks
constructed 18 or more inches above the ground that are gapped to
permit infiltration from the building coverage requirements, while
meeting total lot coverage limitations.
(3)
Except for agricultural uses, the height of
any accessory structure shall not exceed 25 feet or the principal
building height.
E.
Location.
[Amended 10-4-2007 by Ord. No. 2007-21; 6-13-2013 by Ord. No.
2013-12]
(1)
Accessory
buildings or structures may be erected on lots in accordance with
the schedule of limitations, except that no commercial animal shelter
shall be erected nearer than 500 feet, or any livestock shelter nearer
than 100 feet, to any lot line, and except that these provisions shall
not apply to parking spaces in front yards. If located in a front
yard, accessory buildings or structures shall be set back a minimum
of twice the distance from any street line than is required for a
principal building. Accessory structures in second front yards shall
be set back the same distance from the street line as the principal
structure is required to be set back. If located on a corner lot,
the provisions of this chapter also apply.
(2)
The
setbacks for sheds that are placed on a property as an accessory structure
shall be as follows within a residential zone:
[Amended 11-14-2013 by Ord. No. 2013-15]
(a)
Sheds shall not be larger than 120 square feet and not taller than
11 feet in height, and shall be set back a minimum of five feet from
side and rear property lines on lots which are less than 20,000 square
feet in size.
(b)
Sheds shall not be larger than 150 square feet and not taller than
11 feet in height, and shall be set back a minimum of five feet from
side and rear property lines on lots which are equal to 20,000 square
feet but equal to or less than 40,000 square feet in size.
(c)
Sheds shall not be larger than 200 square feet and not taller than
11 feet in height, and shall be set back a minimum of five feet from
side and rear property lines on lots greater than 40,000 square feet.
(d)
Not more than one such shed shall be permitted to be placed on the
property.
F.
Seasonal housing. Housing provided on farms for seasonal
employees shall be set back at least 300 feet from any public street,
400 feet from any property line and 500 feet from the permanent farm
residence of the farm.
Whenever title to two or more contiguous lots
is held by the same owner, regardless of whether or not each of said
lots may have been approved as portions of a subdivision or acquired
by separate conveyance or by other operation of law and one or more
of said individual lots should not conform to the minimum lot area
and dimension requirements for the zone in which it is located, the
contiguous lots of said owner shall be considered as a single lot
and the provisions of the chapter shall hold. Whenever land has been
dedicated or conveyed to the Township for road widening purposes by
the owner of a lot existing at the time of adoption of this chapter
in order to implement the Official Map or Master Plan of the Township,
the Building Inspector may issue building permits and certificates
of occupancy for the lot whose depth and/or area are rendered substandard
because of such dedication and where the owner has no other adjacent
lands to provide the minimum requirements.
In all developments subject to § 220-184C or the cluster development provisions of this chapter, the approving authority may, depending on the probable volume of bicycle traffic, the development's location in relation to other populated areas, its location with respect to any overall bike route plans for the Township and county, public safety considerations and overall feasibility and practicality, require paved bike paths within the seventy-five-foot-wide dedicated land strip along existing streets. Bike paths shall be 6 1/2 feet wide, shall be constructed in accordance with the requirements for light-traffic parking areas covered by these regulations, shall have maximum grade requirements as is applicable to the street paralleled and shall be equipped with suitable regulatory signs, and where bike paths intersect streets, the curbing shall be ramped for bicycle access to the street grade.
A.
Block length and width or acreage within bounding
roads shall be such as to accommodate the size of lot required in
that zoning district by the zoning provisions of this chapter and
to provide for convenient access, circulation control and safety of
street traffic.
B.
In blocks over 1,000 feet long, pedestrian crosswalks
may be required in locations deemed necessary by the Planning Board.
Such walkways shall be 10 feet wide and be straight from street to
street.
C.
Block size shall be sufficient to meet all area and
yard requirements for such use.
Buffer areas are required along property, zoning
district and/or street lines of all commercial lots or where said
property lines or the center line of the street are also zoning district
lines. Buffer areas shall comply with the following standards:
A.
The buffer area shall be located in the district which
requires it and shall be measured from the district boundary line
or from the near street line where that street center line serves
as the district boundary line.
B.
Buffer areas shall be maintained and kept clean of
all debris, rubbish, weeds and tall grass.
C.
No structure, activity, storage of materials or parking
of vehicles shall be permitted in the buffer area, except for access
drives from public streets, directional and safety sign per each direction
of traffic per access drive.
D.
Buffer widths shall be established in each zoning
district. The buffer area shall be planted and maintained with grass
or ground cover, massed evergreens and deciduous trees and shrubs
of such species and size as will produce within two growing seasons
a screen of at least four feet in height and of such density as will
obscure throughout the full course of the year all of the glare of
automobile headlights emitted from the premises.
(1)
The screen planting shall be maintained permanently
and any plant material which does not live shall be replaced within
one year.
(2)
The screen planting shall be so placed that
at maturity it will be not closer than three feet away from any street
or property line.
(3)
A clear-sight triangle shall be maintained at
all street intersections and at all points where private accessways
intersect public streets. Private accessways shall maintain a sight
triangle by having no plantings, gradings or structures higher than
three feet above the street center line located within the street
right-of-way between the edge of the paved cartway and the street
right-of-way line.
(4)
vehicular and pedestrian ingress and egress.
(5)
required in this chapter.
E.
No screen planting shall be required along streets
which form district boundary lines, provided that only the front of
any proposed building shall be visible from the adjacent residential
district.
F.
In addition to the buffer areas otherwise required
by this chapter, buffer areas are required along lot and street lines
of all residential lots within any major subdivision of five acres
or more where such property lines or the center lines of such adjacent
streets abut a farm. The minimum width of such buffer areas shall
be the greater of 25 feet or the width otherwise required for buffers
within that zone. It is the intent of this section to shift the burden
of providing buffers and separation between agricultural and residential
uses to such residential uses to the extent reasonable and practicable.
[Added 2-16-2006 by Ord. No. 2006-1]
Nothing in this chapter shall require any change
in a building permit, site plan or zoning variance which was approved
before the enactment of this chapter but is in violation of this chapter,
provided that construction based on such a building permit shall have
been started within one year following the effective date of this
chapter and, in the case of a site plan or variance, a building permit
shall have been issued within one year following the effective date
of this chapter and in all instances the project shall be continuously
pursued to completion, otherwise said approvals and permits shall
be void. The approving authority may extend these time intervals for
good cause.
A.
All curbs, where required, shall be granite curb, also known as "Belgian block." Construction of curbing shall be in accordance with Item 8.5-28 in the Standard Specifications for Road and Bridge Construction, New Jersey State Highway Department 1961, except as modified by the specifications and notes in Subsection C below and as further modified by concrete quality requirements per said Subsection C. A preformed bituminous expansion joint filler 1/2 inch thick and conforming to current New Jersey Department of Transportation standards shall be installed approximately every 30 feet.
B.
All curbing shall conform to the specifications below,
labeled "Standard Detail for Construction of Granite (Belgian Block)
Curb."
|
Granite (Belgian) Block Curb
| |
|
§ 220-146B
|
 |
C.
Material for curbs, sidewalks and other concrete structures.
Regarding curbs, sidewalks, headwalls and any other concrete structures
(except pipe, which is referred to elsewhere), the following specifications
shall apply to ensure concrete material strength and durability:
(1)
Cement shall be Type 1 and shall conform to
ASTM C150.
(2)
The developer or his contractor shall provide
the Township upon request with an original "ticket" showing concrete
mix proportions per cubic yard (cement and type of cement, fine aggregate,
coarse aggregate, additives, water and slump criteria) for all truckloads
delivered to the site.
(3)
No calcium chloride or other accelerators will
be permitted in the mix.
(4)
An air-entrainment admixture will be required
in all concrete so as to produce a minimum air content of 4% and a
maximum of 8%.
(5)
The developer will cooperate with the taking,
on the part of the Township, of appropriate concrete samples and/or
tests as deemed necessary by the Township. All sampling and testing
will be performed by the Township.
(6)
No water may be added to the concrete mix after
samples are taken or tests made.
(7)
Concrete unacceptable to the Township will be
rejected. Rejection could occur in the course of inspection of the
field placement activity, or thereafter, if test results or quality
criteria are deemed by the Township to be unacceptable, based on available
information. Rejected concrete must be removed and replaced with acceptable
concrete.
(8)
Concrete materials and workmanship shall comply
with applicable ASTM and ACI standards.
[Amended 11-13-1986 by Ord. No. 45-86; 6-8-1989 by Ord. No. 27-89; 4-19-1990 by Ord. No. 16-90; 9-27-1990 by Ord. No. 49-90; 12-2-1993 by Ord. No.
58-93; 12-14-1993 by Ord. No. 67-93; 5-12-1994 by Ord. No. 12-94; 10-19-2006 by Ord. No. 2006-35; 12-18-2008 by Ord. No. 2008-41; 7-15-2021 by Ord. No. 2021-17]
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.
C.
D.
Compatibility with other permit and ordinance requirements. Development approvals issued for subdivisions and site plans pursuant to §§ 220-147 through 220-158 are to be considered an integral part of development approvals under the subdivision and site plan review process and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of §§ 220-147 through 220-158 shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. Sections 220-147 through 220-158 are not intended to interfere with or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of these sections 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 apply.
[Added 10-19-2006 by Ord. No. 2006-35; amended 12-18-2008 by Ord. No.
2008-41; 7-15-2021 by Ord. No. 2021-17]
For the purpose of §§ 220-147 through 220-158, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
Land uses normally associated with the production of food,
fiber and livestock for sale. Such uses do not include the development
of land for the processing or sale of food and the manufacturing of
agriculturally related products.
The areas with boundaries incorporated by reference or revised
by the Department in accordance with N.J.A.C. 7:7-13.16.
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).
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this chapter.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Board of Commissioners
to review the Township of Marlboro's stormwater management plans
and implementing ordinance(s). The county review agency may either
be:
The New Jersey Department of Environmental Protection.
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.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, by any person,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural
lands, "development" means any activity that requires a state permit;
any activity reviewed by the County Agricultural Board (CAB) and the
State Agricultural Development Committee (SADC), and municipal review
of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1
et seq.
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.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
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.
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.
An area or feature which is of significant environmental
value, including but not limited to stream corridors; natural heritage
priority sites; habitat of endangered or threatened species; large
areas of contiguous open space or upland forest; steep slopes; and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame
Species Program.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
Area of potential risk due to sudden and temporary increase
of surface water flow due to a storm event, typically, the 100-year
storm.
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
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 committee representative.
An individual "development," as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of "regulated impervious surface"
since February 2, 2004;
The creation of 1/4 acre or more of "regulated motor vehicle
surface" since March 2, 2021; or
A combination of Subsection A(2) and (3) above that totals an
area of 1/4 acre or more. The same surface shall not be counted twice
when determining if the combination area equals 1/4 acre or more.
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of Subsection A(1), (2), (3), or (4) above. Projects undertaken by
any government agency that otherwise meet the definition of "major
development" but which do not require approval under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major
development."
An action by an applicant providing compensation or offset actions for on-site stormwater management requirements where the applicant has demonstrated the inability or impracticability of strict compliance with the stormwater management requirements set forth in N.J.A.C. 7:8, in an adopted regional stormwater management plan, or in §§ 220-147 through 220-158, and has received a waiver from strict compliance from the municipality. Mitigation, for the purposes of §§ 220-147 through 220-158, includes both the mitigation plan, detailing how the project's applicant's failure to strictly comply will be compensated, and the implementation of the approved mitigation plan within the same HUC-14 subwatershed within which the subject project is proposed (if possible and practical), or a contribution of funding toward a regional stormwater management plan, or provision for equivalent treatment at an alternative location, or other equivalent water quality benefit.
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.
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.
Marlboro Township.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with § 220-150F of this chapter and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
An area designated by the State Planning Commission concentrating
facilities and activities that are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
An individual, corporation, company, partnership, firm, association,
the Township of Marlboro or political subdivision of this state subject
to municipal jurisdiction pursuant to the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq.
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.
Includes both hazardous and nonhazardous pollutants.
The volume of water from precipitation that infiltrates into
the ground and is not evapotranspired.
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.
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.
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.
The lot or lots upon which a development is to occur or has
occurred.
All unconsolidated mineral and organic material of any origin.
Sediment, debris, trash, and other floating, suspended, or
settleable solids.
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.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of
these goals and policies.
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.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management basin may either
be normally dry (that is, a detention basin or infiltration basin),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any structural or nonstructural strategy, practice, technology,
process, program, or other method intended to control or reduce stormwater
runoff and associated pollutants, or to induce or control the infiltration
or groundwater recharge of stormwater or to eliminate illicit or illegal
nonstormwater discharges into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
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.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
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.
The time it takes for runoff to travel from the hydraulically
most distant point of the watershed to the point of interest within
a watershed.
The sum of dissolved and undisolved solids and particulate
matter of a buoyancy and/or specific gravity that prohibits their
settling in runoff.
A neighborhood given priority access to State resources through
the New Jersey Redevelopment Authority.
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.
Previously developed portions of areas:
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.
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.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation."
[Added 10-19-2006 by Ord. No. 2006-35; amended 12-18-2008 by Ord. No.
2008-41; 7-15-2021 by Ord. No. 2021-17]
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 §§ 220-147 through 220-158 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 10-19-2006 by Ord. No. 2006-35; amended 12-18-2008 by Ord. No.
2008-41; 7-15-2021 by Ord. No. 2021-17]
A.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 220-156.
B.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitats for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-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 quantity, and stormwater runoff quality requirements of Subsections P and Q:
(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 quantity, and stormwater runoff quality requirements of Subsections O, P and Q may be obtained for the enlargement of an existing public roadway, 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;
(4)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(3) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsections O, P and Q that were not achievable on site.
E.
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsections O, P, and Q. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2 (f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp manual2.htm.
F.
Where the BMP tables in the NJ Stormwater Management Rule are different
due to updates or amendments with the tables in this ordinance the
BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f)
shall take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0%
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0%
|
No
|
Yes
|
2
|
|
Grass swale
|
50% or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0%
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a)
|
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
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration
|
80%
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80%
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60% to 80%
|
No
|
No
|
—
|
|
(Notes corresponding to annotations(a) through(g) are found below Table 3.)
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80%
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80%
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90%
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations (b) through (d) are found below Table 3.)
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue roof
|
0%
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40% to 60%
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80%
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90%
|
No
|
No
|
1
|
|
Wet pond
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at Subsection O(2);
|
|
(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 § 220-148;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at § 220-148.
|
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 § 220-153B. Alternative stormwater management measures may be used to satisfy the requirements at Subsection O only if the measures meet the definition of green infrastructure at § 220-148. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection O(2) are subject to the contributory drainage area limitation specified at Subsection O(2) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection O(2) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D is granted from Subsection O.
H.
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
I.
Design standards for stormwater management measures are as follows:
(1)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(2)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 220-154B;
(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 basins shall be designed to meet the minimum safety standards for stormwater management basins at § 220-154; 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 section, 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 § 220-148 may be used only under the circumstances described at Subsection O(4).
K.
Any application for a new agricultural development that meets the definition of major development at § 220-148 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsections O, P, and Q 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 Subsection P and Q 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 Subsection O, P and Q 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 § 220-155B(5). 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 § 220-148 of this chapter and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection M above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection M above.
O.
Green infrastructure standards.
(1)
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards.
(2)
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection P and Q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection F and/or an alternative stormwater management measure approved in accordance with Subsection G. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
(4)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection G may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection P and Q.
(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 Subsection P and Q, unless the project is granted a waiver from strict compliance in accordance with Subsection D.
P.
Stormwater runoff quality standards.
(1)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
(2)
Stormwater management measures shall be designed to reduce the
post-construction load of total suspended solids (TSS) in stormwater
runoff generated from the water quality design storm as follows:
(a)
Eighty percent TSS removal of the anticipated load, expressed
as an annual average shall be achieved for the stormwater runoff from
the net increase of motor vehicle surface.
(b)
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
(3)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection P(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 - (AB)/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 BMP's that optimize nutrient removal while still achieving the performance standards in Subsections P and Q.
(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)
This stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
Q.
Erosion control, groundwater recharge and stormwater runoff quantity
standards.
(1)
This subsection contains minimum design and performance standards
to control erosion, encourage and control infiltration and groundwater
recharge, and control stormwater runoff quantity impacts of major
development.
(a)
The minimum design and performance standards for erosion control
are those established under the Soil Erosion and Sediment Control
Act, N.J.S.A. 4:24-39 et seq., and implementing rules.
(b)
The minimum design and performance standards for groundwater
recharge are as follows:
[1]
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 220-151, either:
[a]
Demonstrate through hydrologic and hydraulic analysis
that the site and its stormwater management measures maintain 100%
of the average annual preconstruction groundwater recharge volume
for the site; or
[b]
Demonstrate through hydrologic and hydraulic analysis
that the increase of stormwater runoff volume from preconstruction
to post construction for the two-year storm is infiltrated.
[2]
This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or to projects subject to Subsection Q(1)(b)[3] below.
[3]
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.
[4]
The design engineer shall assess the hydraulic impact on the
groundwater table and design the site so as to avoid adverse hydraulic
impacts. Potential adverse hydraulic impacts include, but are not
limited to, exacerbating a naturally or seasonally high water table
so as to cause surficial ponding, flooding of basements, or interference
with the proper operation of subsurface sewage disposal systems and
other subsurface structures in the vicinity or down gradient of the
groundwater recharge area.
(c)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 220-151, complete one of the following:
[1]
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the preconstruction runoff hydrographs for the same
storm events;
[2]
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the preconstruction condition, in the
peak runoff rates of stormwater leaving the site for the 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; or
[3]
Design stormwater management measures so that the post construction
peak runoff rates for the two-, ten-, and 100-year storm events are
50%, 75% and 80%, respectively, of the preconstruction peak runoff
rates. The percentages apply only to the post construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed. The percentages
shall not be applied to post construction stormwater runoff into tidal
flood hazard areas if the increased volume of stormwater runoff will
not increase flood damages below the point of discharge;
(d)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse,
or receiving storm sewer system.
(2)
Any application for a new agricultural development that meets the definition of major development at § 220-148 shall be submitted to the Freehold Soils Conservation District (FSCD) for review and approval in accordance with the requirements of this section and any applicable FSCD guidelines for stormwater runoff quantity and erosion control.
[Added 10-19-2006 by Ord. No. 2006-35; amended 12-18-2008 by Ord. No.
2008-41; 7-15-2021 by Ord. No. 2021-17]
A.
Stormwater runoff shall be calculated in accordance with the following:
(1)
The design engineer shall calculate runoff using one of the
following methods:
(a)
The USDA Natural Resources Conservation Service (NRCS) methodology,
including the NRCS Runoff Equation and Dimensionless Unit Hydrograph,
as described in the NRCS National Engineering Handbook Section 4 -
Hydrology and Technical Release 55 - Urban Hydrology for Small Watersheds;
or 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/stelprdb1044
171.pdf, or at United States Department of Agriculture Natural Resources
Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873;
or
(b)
The rational method for peak flow and the modified rational
method for hydrograph computations. The rational and modified rational
methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
(2)
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology at Subsection A(1)(a) and the rational and modified rational methods at Subsection A(1)(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(3)
In computing preconstruction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce preconstruction stormwater runoff rates and volumes.
(4)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds and other methods may be employed.
(5)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
B.
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Ground-Water Recharge Areas in New Jersey, incorporated herein by
reference as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf,
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
C.
Designs of stormwater conduit systems shall utilize the Sandy Hook
twenty-five-year rainfall.
[Added 10-19-2006 by Ord. No. 2006-35; amended 12-18-2008 by Ord. No.
2008-41; 7-15-2021 by Ord. No. 2021-17]
A.
Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by § 220-150.
B.
Manufactured treatment devices may be used to meet the requirements of § 220-150, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department.
C.
Standards for stormwater collection systems.
(1)
Velocities in closed conduits at design flow shall be at least
two feet per second but not more than 10 feet per second.
(2)
No pipe size in the storm drainage system shall be less than
15 inches in diameter.
(3)
All discharge pipes shall terminate with a precast concrete
flared end section or a cast-in-place concrete headwall with or without
wingwalls as conditions dictate.
(4)
The spacing of inlets shall be such that surface water shall
not flow for more than 500 feet or the quantity of water is such that
it causes ponding of water deeper than two inches at Type B and Type
E inlets, whichever is the lesser distance. If, due to the slope of
the approach prior to the inlet, 80% of the stormwater does not enter
the inlet, decreased spacing and depth of water permissible shall
be required. Sufficient inlets will be placed to eliminate any flow
exceeding two cubic feet per second across any roadway intersection
or pedestrian crosswalk.
(5)
Dished gutters shall be permitted at any street intersection
on rural and local streets and at the intersection of rural and local
streets with minor collector streets and at the intersection of minor
collector streets with major collector streets where the street of
the lower classification is to be officially designated and signed
as a stop street. In such cases, the dished gutter shall cross only
the street of the lower classification. At the intersections of primary
and secondary arterial streets and major collector streets, sufficient
catch basins, at the discretion of the reviewing agency, shall be
installed at each street intersection to avoid gutter overflow and
at low points in the street grade, and dished gutters shall not be
permitted.
(6)
Manhole spacing shall increase with pipe size. The maximum spacing
shall be 500 feet for 15 to 18 inches; 600 feet for 21 to 36 inches;
and 700 feet for 42 inches and greater.
[Added 12-18-2008 by Ord. No. 2008-41; amended 7-15-2021 by Ord. No. 2021-17]
A.
Storm sewer.
(1)
Materials used in the construction of storm sewers shall be
constructed of reinforced concrete, ductile iron, corrugated aluminum
or corrugated steel unless site and other conditions dictate otherwise.
Reinforced converted pipe shall be used unless the applicant can demonstrate
that the use of other materials will be more beneficial due to the
proposed installation. Cost will not be a consideration in this analysis.
Specifications referred to, such as American Standards Association,
American Society for Testing and Materials, American Water Works Association,
etc., should be the latest revision.
(2)
Reinforced concrete pipe.
(a)
Circular reinforced concrete pipe and fittings shall meet the
requirements of ASTM C-76.
(b)
Elliptical reinforced concrete pipe shall meet the requirements
of ASTM C-507.
(c)
Joint design and joint material for circular pipe shall conform
to ASTM C-443.
(d)
Joints for elliptical pipe shall be bell and spigot or tongue
and groove, sealed with butyl, rubber tape or external sealing bands
conforming to ASTM C-877.
(e)
All pipe shall be Class III unless a stronger pipe (i.e., higher
class) is indicated to be necessary.
(f)
The minimum depth of cover over the concrete pipe shall be as
designated by the American Concrete Pipe Association.
(3)
Ductile iron pipe. Ductile iron pipe shall be centrifugally
cast in metal or sand-lined molds to ANSI A21.51-1976 (AWWA C151-76).
The joints shall conform to AWWA C111. Pipe shall be furnished with
flanges where connections to flange fittings are required. Pipe should
be Class 50 (minimum). The outside of the pipe should be coated with
a uniform thickness of hot-applied coal tar coating and the inside
lined cement in accordance with AWWA C104. Ductile iron pipe shall
be installed with Class C ordinary bedding.
(4)
Corrugated aluminum pipe. Within the public right-of-way and
where severe topographic conditions or the desire to minimize the
destruction of trees and vegetation exist, corrugated aluminum pipe,
pipe arch or helical corrugated pipe may be used. The material shall
comply with the Standard Specifications for Corrugated Aluminum Alloy
Culvert and Under Drain AASHTO Designation M196 or the Standard Specification
for Aluminum Alloy Helical Pipe AASHTO Designation M-211. The minimum
thickness of the aluminum pipe to be used shall be:
(a)
Less than twenty-four-inch diameter or equivalent, 0.075 inch
(fourteen-gauge).
(b)
Twenty-four-inch diameter and less than forty-eight-inch diameter
or equivalent, 0.105 inch (twelve-gauge).
(c)
Forty-eight-inch but less than seventy-two-inch diameter or
equivalent, 0.135 inch (ten-gauge).
(d)
Seventy-two-inch diameter or equivalent and larger, 0.164 inch
(eight-gauge).
(5)
Corrugated steel pipe. Corrugated steel pipe may be used in
place of corrugated aluminum and shall meet the requirements of AASHTO
Specification M36. Coupling bands and special sections shall also
conform to AASHTO M-36. All corrugated steel pipe shall be bituminous
coated in accordance with AASHTO M-190, Type A minimum.
(6)
Pipe bedding shall be provided as specified in Design and Construction
of Sanitary and Storm Sewers, ASCE Manuals and Reports on Engineering
Practice Number 37, prepared by A Joint Committee of the Society of
Civil Engineers and the Water Pollution Control Federation, New York,
1969.
B.
Inlets, catch basins and manholes.
(1)
Inlets, catch basins and manholes shall be designed in accordance
with State Highway Department Standard Plans and Specifications. Frames
shall be Campbell Foundry Company Pattern Number 2541, 2548, with
eight-inch curb face, and 3432, 3440, for Type E inlets, or approved
equal. All grates are to be bicycle grates.
(2)
Manholes and catch basins shall be precast concrete, brick or
concrete block, coated with two coats of portland cement mortar.
(3)
If precast manhole barrels and cones are used, they shall conform
to ASTM Specification C-473 with round rubber gasketed joints, conforming
to ASTM Specification C-923. Maximum absorption shall be 8% in accordance
with ASTM Specification C-478, Method A.
(4)
If precast manholes are utilized, the top riser section shall
terminate less than one foot below the finished grade and the manhole
cover shall be flush with the finished grade.
(5)
Manhole frames and covers shall be of cast iron conforming to
ASTM Specification A-48 Class 30 and be suitable for H-20 loading
capacity. All manhole covers in rights-of-way or in remote areas shall
be provided with a locking device. The letters "Year 20 _____" and
the words "STORM SEWER" shall be cast integrally in the cover.
C.
Principal outlet structures.
(1)
Outlet structures should be designed to facilitate outlet operation
and maintenance as the water level rises and to permit clearing either
during or after a storm. Structural support members, steps, rungs
or ladders should be provided to allow easy escape opportunities for
a child or an adult without having these support members, ladders,
etc., impede the clearing of trash from the outlet structure or the
upward movement of trash as the water level rises.
(2)
The use of thin metal plates for trash rack bars, hand-hold
supports, sharp crested weirs or orifices are prohibited because of
the potential for accidents. Wire mesh fabric is similarly prohibited
due to its poor suitability for trash clearance.
(3)
Any outlet protective facility should have lockable hinged connections
providing adequate access to thoroughly clean the area enclosed by
the structure and to facilitate removal of accumulated debris and
sediment around the outlet structure.
(4)
All outlet structures shall be structurally sound and shall
be designed to withstand, without failure or permanent deformation,
all structural loads, hydrostatic, dynamic or otherwise, which impact
upon it during the design life of the installation. They shall be
maintenance free to the maximum extent possible.
D.
Solids and floatable materials control standards.
(1)
Site design features identified under § 220-150F, or alternative designs in accordance with § 220-150G, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection D(1)(b) below.
(a)
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:
[1]
The New Jersey Department of Transportation (NJDOT)
bicycle safe grate, which is described in Chapter 2.4 of the NJDOT
Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines;
or
[2]
A different grate, if each individual clear space
in that grate has an area of no more than seven square inches, or
is no greater than 0.5 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.
[3]
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.
(b)
The standard in Subsection D(1)(a) above does not apply:
[1]
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;
[2]
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;
[3]
Where flows from the water quality design storm
as specified in N.J.A.C. 7:8 are conveyed through any device (e.g.,
end of pipe netting facility, manufactured treatment device, or a
catch basin hood) that is designed, at a minimum, to prevent delivery
of all solid and floatable materials that could not pass through one
of the following:
[a]
A rectangular space 4.625 inches long and 1.5 inches
wide (this option does not apply for outfall netting facilities);
or
[b]
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].
|
[4]
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
[5]
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 10-19-2006 by Ord. No. 2006-35; amended 12-18-2008 by Ord. No.
2008-41; 7-15-2021 by Ord. No. 2021-17]
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
or can be obtained from the following:
(a)
The Standards for Soil Erosion and Sediment Control in New Jersey,
promulgated by the State Soil Conservation Committee and incorporated
into N.J.A.C. 2:90. Copies of these standards may be obtained by contacting
the State Soil Conservation Committee or any of the Soil Conservation
Districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address,
and telephone number of each Soil Conservation District may be obtained
from the State Soil Conservation Committee, P.O. Box 330, Trenton,
New Jersey 08625; (609) 292-5540;
(b)
The Rutgers Cooperative Extension Service, 732-932-9306; and
(c)
The Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4.
The location, address, and telephone number of each Soil Conservation
District may be obtained from the State Soil Conservation Committee,
P.O. Box 330, Trenton, New Jersey 08625; (609) 292-5540.
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 10-19-2006 by Ord. No. 2006-35; amended 12-18-2008 by Ord. No.
2008-41; 7-15-2021 by Ord. No. 2021-17]
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. The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management basins. Marlboro Township and Monmouth 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 § 220-154B(1), (2) and (3) for trash racks, overflow grates, and escape provisions at outlet structures.
B.
Requirements for trash racks, overflow grates and escape provisions.
(1)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the stormwater management
basins to ensure proper functioning of the basin outlets in accordance
with the following:
(a)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars.
(b)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure.
(c)
The average velocity of flow through a clean trash rack is not
to exceed 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.
(d)
The trash rack shall be constructed and installed to be rigid,
durable, and corrosion resistant, and shall be designed to withstand
a perpendicular live loading of 300 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 Subsection B, a freestanding outlet structure may be exempted from this requirement;
(b)
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 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 Subsection D 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.
C.
Variance or exemption from safety standards. A variance or exemption
from the safety standards for stormwater management basins may be
granted only upon a written finding by the appropriate reviewing agency,
the Township of Marlboro, the County of Monmouth or the Department
that the variance or exemption will not constitute a threat to public
safety.
D.
Illustration of safety ledges in a new stormwater management basin.
|
Elevation view - Basin Safety Ledge Configuration
 |
[Added 10-19-2006 by Ord. No. 2006-35; amended 12-18-2008 by Ord. No.
2008-41; 7-15-2021 by Ord. No. 2021-17]
A.
Submission of site development stormwater plan.
(1)
Whenever an applicant seeks municipal approval of a development subject to §§ 220-147 through 220-158, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection C below as part of the submission of the applicant's application for subdivision or site plan approval.
B.
Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the subdivision or site plan review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the engineer retained by the Planning and/or Zoning Board (as appropriate) to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in §§ 220-147 through 220-158.
C.
Checklist requirements. The following information shall be required:
(1)
Topographic base map. The Township Engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
(2)
Environmental site analysis: a written and graphic description
of the natural and man-made features of the site and its environs.
This description should include a discussion of soil conditions, slopes,
wetlands, waterways and vegetation on the site. Particular attention
should be given to unique, unusual, or environmentally sensitive features
and to those that provide particular opportunities or constraints
for development.
(3)
Project description and site plan(s): a map (or maps) at the
scale of the topographical base map indicating the location of existing
and proposed buildings, roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations occur in the natural terrain and cover, including lawns
and other landscaping, and seasonal high groundwater elevations. A
written description of the site plan and justification of proposed
changes in natural conditions may also be provided.
(4)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of §§ 220-149 through 220-152 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(5)
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(a)
Total area to be paved or built upon, proposed surface contours,
land area to be occupied by the stormwater management facilities and
the type of vegetation thereon, and details of the proposed plan to
control and dispose of stormwater.
(b)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
(6)
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post development conditions for the design storms specified in § 220-150.
(b)
When the proposed stormwater management control measures (e.g.,
infiltration basins) depend on the hydrologic properties of soils,
then a soils report shall be submitted. The soils report shall be
based on on-site boring logs or soil pit profiles. The number and
location of required soil borings or soil pits shall be determined
based on what is needed to determine the suitability and distribution
of soils present at the location of the control measure.
(7)
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 220-156.
(8)
Waiver from submission requirements. The Township Engineer or, if applicable, Board Engineer in consultation with the Township Engineer, may waive submission of any of the requirements in Subsection C(1) through (6) 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 10-19-2006 by Ord. No. 2006-35; amended 12-18-2008 by Ord. No.
2008-41; 7-15-2021 by Ord. No. 2021-17]
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 the BMP location, design, ownership, maintenance tasks and frequencies,
and other details as specified in Chapter 8 of the NJ BMP Manual,
as well as the tasks specific to the type of BMP, as described in
the applicable chapter containing design specifics.
(3)
If the maintenance plan identifies a person other than the developer
(for example, a public agency or homeowners' association) as
having the responsibility for maintenance, the plan shall include
documentation of such person's agreement to assume this responsibility,
or of the developer's obligation to dedicate a stormwater-management
facility to such person under an applicable ordinance or regulation.
(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 person responsible for maintenance identified under Subsection B(2) above is not a public agency, the maintenance plan and any future revisions based on Subsection B(7) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(6)
Preventative and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.). of the stormwater management measure,
including, but not limited to, repairs or replacement to the structure;
removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of nonvegetated linings.
(7)
The person responsible for maintenance identified under Subsection B(2) 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
(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.
C.
Nothing in this section shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Added 10-19-2006 by Ord. No. 2006-35; amended 12-18-2008 by Ord. No.
2008-41; 7-15-2021 by Ord. No. 2021-17]
Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of §§ 220-147 through 220-158 shall be subject to the following penalties. Failure to comply with any provisions of these sections shall be considered a violation of the Coded Ordinances of the Township of Marlboro and shall be punishable by a fine of $1,000 or 90 days in jail, or both. Each day of such violation's continuance shall be considered as a separate offense and shall be separately punishable. These penalties shall not be the exclusive remedy available, and nothing in §§ 220-147 through 220-158 shall prevent an applicant from obtaining injunctive relief.
[Added 10-19-2006 by Ord. No. 2006-35; amended 12-18-2008 by Ord. No.
2008-41; 7-15-2021 by Ord. No. 2021-17]
A.
Standards.
(1)
For the purposes of this section, "mitigation" shall incorporate the definition set forth in § 220-148 and shall include situations where the applicant has demonstrated the inability or impracticality of strict compliance with the stormwater management requirements set forth in N.J.A.C 7:8 in addition to the requirements set forth in §§ 220-147 through 220-158.
(2)
The board having jurisdiction over an application requiring a stormwater management plan shall have the jurisdiction to grant a waiver from strict compliance with the performance requirements of §§ 220-147 through 220-158 or the stormwater management plan. The waiver may be granted where an applicant has demonstrated that it is technically impracticable to meet any one or more of the design and performance standards on-site. For the purposes of this analysis, technical impracticability exists only when the design and performance standard cannot be met for engineering, environmental, or safety reasons. The granting of the waiver shall apply to an individual drainage area and design and performance standard and shall not apply to an entire site or project, unless an applicant provides the required analysis for each drainage area within the site and each design and performance standard. The applicant must demonstrate one of the following:
(a)
An inability to apply any of the best management practices and
methodologies as defined and approved herein and in the stormwater
management plan, due to an extraordinary and exceptional situation
uniquely affecting the subject property or structures thereon, resulting
in a peculiar and exceptional practical difficulty or undue hardship;
or
(b)
That the purposes of §§ 220-147 through 220-158 and stormwater management plan can be advanced by a deviation from the best management practices and methodologies as defined and approved herein and in the stormwater management plan, where the benefits of such deviation substantially outweigh any detriment.
(3)
In requesting a waiver as to any application, the applicant
may submit as reasons for the waiver the site conditions of the proposed
project, including soils types; thin soil cover; low permeability
soils, and/or shallow depths to groundwater (high groundwater levels),
unique conditions which would create an unsafe design, or conditions
which would provide a detrimental impact to public health, welfare,
or safety.
(4)
The waiver cannot be granted due to conditions created by the applicant. If the applicant can comply with the requirements of §§ 220-147 through 220-158 and stormwater management plan through reducing the size of a project, the hardship is self-imposed, and therefore the Board lacks jurisdiction to grant any waiver under this section.
(5)
The applicant must propose a suitable mitigation method through the submission of a mitigation plan which will conform to the design and performance standards of §§ 220-147 through 220-158, through green infrastructure stormwater management measures, governing stormwater quality, quantity, and groundwater recharge. Approval of a waiver or exemption from any one of the three stormwater design standard criteria which include groundwater recharge, water quality, and water quantity provides no guarantee that, if requested, an exemption or waiver will be granted for either or both of the remaining criteria.
(6)
Supporting evidence for an exemption or waiver shall be prepared
in the form of a stormwater management report which will be signed
and sealed by a New Jersey licensed professional engineer. The report
shall include at a minimum:
(a)
Detailed hydrologic and hydraulic calculations identifying the
sizing criteria for each BMP and the stormwater collection system
based upon the anticipated peak flow and/or volume.
(b)
A map of the planned project showing existing conditions with
drainage boundaries and land features, including delineated wetlands,
proposed improvements, including all BMPs, grading, utilities, impervious
features, and landscaping.
(c)
Construction details for each BMP with appropriate contact information.
B.
Mitigation criteria. The mitigation requirements listed below offer
a hierarchy of options that are intended to offset the effect on groundwater
recharge, stormwater quantity control, and/or stormwater quality control
to an equal or greater extent than was created by the granting of
a waiver or exemption from the stormwater management requirements.
The mitigation project shall be approved no later than preliminary
or final site plan approval of the major development and shall comply
with the green infrastructure standards at N.J.A.C. 7:8-5.3. The mitigation
criteria are listed below in order of preference:
(1)
Identify, design, and implement a compensating measure to mitigate
impacts for a project that is located in the same HUC 14 drainage
area as the major development subject to the waiver. In these cases,
the applicant will address the same issue within the design and performance
standards for which the variance or exemption is being sought, and
demonstrate that the proposed mitigating measures provide equal or
greater compensation to offset the noncomplying aspect of the stormwater
management system on site. The developer must also ensure the long-term
maintenance of the project as outlined in Chapters 8 and 9 of the
NJDEP Stormwater BMP Manual. If the Township agrees to control a new
stormwater management facility, arrangement in the form of an escrow
account will be made to stipulate the payment amount, schedule, and
long-term responsibilities of the facility to ensure that it functions
to capacity.
(2)
Complete a project identified by the municipality as equivalent
to the environmental impact created by the exemption or variance.
(a)
If these criteria cannot be met on site, the Township has identified
the retrofitting of existing basins as the primary mode for mitigation
measures to follow. Through clearing sediment, expanding capacity,
or bringing the basin into compliance with water quality standards,
mitigation opportunities have the potential to significantly improve
stormwater management issues that face Marlboro Township.
(b)
As many of the developments in Marlboro were constructed with
curb and gutter drainage, stormwater is often funneled and released
directly into an adjoining water body. As these methods are contrary
to the stormwater management BMPs outlined in the NJDEP's BMP
Manual and endorsed through the adoption of the state's new stormwater
regulations, the retrofitting of these basins can dramatically improve
the Township's existing stormwater management infrastructure.
Mitigation projects can utilize a number of BMPs to offset the stormwater
management of a project that is unable to comply with the new design
standards. However, these BMPs, which may include sand filters, vegetative
filters, or the incorporation of a manufactured treatment device,
among other possibilities, will be engineered and applied on a site-by-site
basis. In general, the engineering necessary to determine the mitigative
measure that is most suited for a particular basin is the responsibility
of the applicant, and must be determined and submitted by the applicant
along with the particular project's site plan. Marlboro has identified
locations within the Deep Run watershed where BMPs can be utilized
to improve stormwater management and reduce flooding. These locations,
which have been identified by catchment area, offer developers specific
options such as improving culverts, or upgrading infrastructure to
use as mitigative alternatives. Applicants that are seeking waivers
for development proposals located within the Deep Run watershed are
strongly encouraged to reference the 10 Subwatershed Impact Assessment
and Implementation Project Summary Tables that are included within
the Identification and Evaluation of Impairments Within the Deep Run
Watershed Report. Copies of the aforementioned report are available
at the Township Clerk's office.
(3)
Provide funding for municipal projects that would address existing
stormwater impacts. The third and least preferable stormwater mitigation
option is for the applicant to provide funding or partial funding
for an environmental enhancement project that has been identified
in the municipal stormwater management plan, or towards the development
of a regional stormwater management plan. The contributed funds must
be equal or greater than the cost to implement the required on-site
stormwater measure for which relief is requested including the cost
of land, easements, engineering design, and long-term maintenance.
However, with this option, Marlboro Township, not the applicant, is
ultimately responsible for the design, property acquisition, construction,
construction management, maintenance (short-term and long-term) and
follow-up study, unless that project and its prospective costs have
been outlined within this mitigation plan. An applicant may also propose
a mitigation project on a site that has not been identified in this
mitigation plan. However, in each circumstance the selection of a
mitigation project must incorporate the following requirements:
(a)
The project must be within the same area that would contribute
to the receptor impacted by that project.
(b)
Legal authorization must be obtained to construct the project
at the location selected. This includes the maintenance and any access
needs for the project throughout its operation.
(c)
The mitigation project should be located close to the original
development project. If possible, the mitigation project should be
located at a similar distance from the identified sensitive receptor.
This distance should not be based on actual location, but on a similar
hydraulic distance to the sensitive receptor. For example, if a project
for which a waiver is obtained discharges to a tributary, but the
closest location discharges to the main branch of a waterway, it may
be more beneficial to identify a location discharging to the same
tributary.
(d)
It is preferable to have one location that addresses any and
all of the performance standards waived, rather than one location
for each performance standard.
(e)
The project location must demonstrate no adverse impacts to
other properties.
(f)
Mitigation projects that address green infrastructure standards must use green infrastructure BMPs in Table 1, and/or an alternative stormwater management measure approved in accordance with § 220-150G that meets the definition of green infrastructure to manage an equivalent or greater area of impervious surface and an equivalent or greater area of motor vehicle surface as the area of the major development subject to the waiver. Grass swales and vegetative filter strips may only be used in the mitigation project if the proposed project additionally includes a green infrastructure BMP other than a grass swale or vegetative filter strip. The green infrastructure used in the mitigation project must be sized to manage the water quality design storm, as defined at § 220-150P(4) at a minimum, and is subject to the applicable contributory drainage area limitation specified at § 220-150G or § 220-150O(2) as applicable.
(g)
For projects addressing the groundwater recharge performance
standard, a mitigation project site upstream of the location of the
actual project site is preferable to a downstream location. Additionally,
one of the following must be satisfied:
[1]
The average annual groundwater recharge provided by the mitigation
project must equal or exceed the average annual groundwater recharge
deficit resulting from granting the waiver for the major development;
or
[2]
Runoff infiltrated during the two-year storm from the mitigation
project must equal or exceed the deficit resulting from granting the
waiver from the required infiltration of the increase in runoff volume
from preconstruction to post-construction from the major development.
(h)
Mitigation projects that address stormwater runoff quantity
must satisfy the following:
[1]
The applicant demonstrates, through hydrologic and hydraulic
analysis, including the effects of the mitigation project, that the
waiver will not result in increased flooding damage below each point
of discharge of the major development;
[2]
The mitigation project discharges to the same watercourse and
is located upstream of the major development subject to the waiver;
and
[3]
The mitigation project provides peak flow rate attenuation in
accordance with N.J.A.C. 7:8-5.6(b)3 for an equivalent or greater
area than the area of the major development subject to the waiver.
For the purposes of this demonstration, equivalent includes both size
of the area and percentage of impervious surface and/or motor vehicle
surface.
(i)
Mitigation projects that address stormwater runoff quality must
satisfy the following:
[1]
The total drainage area of motor vehicle surface managed by
the mitigation project(s) must equal or exceed the drainage area of
the area of the major development subject to the waiver and must provide
sufficient TSS removal to equal or exceed the deficit resulting from
granting the waiver for the major development; and
[2]
The mitigation project must remove nutrients to the maximum
extent feasible in accordance with N.J.A.C. 7:8-5.5(f).
C.
Requirements for mitigation projects.
(1)
Whether the applicant is proposing the mitigation project, or
Marlboro has identified the project within this mitigation plan, the
following requirements for mitigation must be included in the project
submission:
(a)
Impact from noncompliance. The applicant must provide a table
to show the required values, and the values provided in the project,
and include an alternatives analysis that demonstrates that on-site
compliance was maximized to the greatest extent practicable.
(b)
Narrative and supporting information regarding the need for
the waiver. The waiver cannot be granted for a condition that was
created by the applicant. If the applicant can provide compliance
with the stormwater rules through a reduction in the scope of the
project, the applicant has created the condition and a waiver cannot
be issued. The applicant must provide a discussion and supporting
information of the site conditions that would not allow the construction
of a stormwater management facility to provide compliance with these
requirements, and/or if the denial of the application would impose
an extraordinary hardship on the applicant brought about by circumstances
peculiar to the subject property. The site conditions to be considered
are soil type, the presence of karst geology, acid soils, a high groundwater
table, unique conditions that would create an unsafe design, as well
as conditions that may provide a detrimental impact to public health,
welfare, and safety.
(c)
Sensitive receptor: identify the sensitive receptor related
to the performance standard for which a waiver is sought. Demonstrate
that the mitigation site contributes to the same sensitive receptor.
(d)
Design of the mitigation project: provide the design details
of the mitigation project. This includes, but is not limited to, drawings,
calculations, and other information needed to evaluate the mitigation
project.
(e)
Responsible party. The mitigation project submission must list
the party or parties responsible for the construction or maintenance
of the mitigation project. Documentation must be provided to demonstrate
that the responsible party is aware of, has authority to perform,
and accepts the responsibility for the construction and the maintenance
of the mitigation project. Under no circumstances shall the responsible
party be an individual single-family homeowner.
(f)
Maintenance. The applicant must include a maintenance plan that
addresses the maintenance criteria at N.J.A.C. 7:8-5 as part of a
mitigation plan. In addition, if the maintenance responsibility is
being transferred to Marlboro Township, or another entity, the entity
responsible for the cost of the maintenance must be identified. Marlboro
provides applicants with the option of conveying the mitigation project
to the Township, provided that the applicant funds the cost of maintenance
of the facility in perpetuity.
(g)
Permits. The applicant is solely responsible to obtain any and
all necessary local, state, or other applicable permits for the identified
mitigation project or measure. The applicable permits must be obtained
prior to the municipal approval of the project for which the mitigation
is being sought.
(h)
Construction. The applicant must demonstrate that the construction
of the mitigation project will be completed prior to, or concurrently
with, the major development project. A certificate of occupancy or
final approval by the municipality for the application permit cannot
be issued until the mitigation project or measure receives final approval.
Any mitigation projects proposed by the municipality to offset the
stormwater impacts of the Township's own projects must be completed
within six months of the completion of the municipal project, in order
to remain in compliance with Marlboro's NJPDES general permit.
(2)
In all instances the board having jurisdiction over the application shall have the power to impose additional conditions as may be appropriate under the circumstances of the application. The Board shall make specific findings of fact and conclusions consistent with § 220-147 showing the inability or impracticality of strict compliance with §§ 220-147 through 220-158 and the stormwater management plan and justifying the approval of the applicant's mitigation plan, in order to satisfy the reporting requirements of the municipality's NJPDES permit and other applicable state law requiring the submission of reports to any state or county review agency. The Board shall also have the power to require mitigation as to applications which have received waivers from the New Jersey Department of Environmental Protection.
A.
An environmental impact report shall accompany all
applications for major subdivision and site development plans and
shall provide the information needed to evaluate the effects of the
proposed development upon the environment and shall include data,
be distributed, reviewed and passed upon by the approving board as
follows.
B.
The environmental impact report shall include:
(1)
A description of the project complete with maps
and drawings, including maps of the project site as it relates to
the town and the region, how it is to be constructed and a construction
schedule, and its location (site).
(2)
An inventory of existing environmental conditions
at the project site and surrounding region, including air and water
quality, water supply, soils, geology, topography, vegetation, animal
life, land use, aesthetics and history and consideration of additional
factors, dependent on the sizes and type of project.
(3)
A list of all licenses, permits and other approvals
required by municipal, county or state law and the status of each.
The approvals and permits should be required before final consideration
of the site plan.
(4)
An assessment of the environmental impact of the project described in Subsection B(1) upon the factors described in Subsection B(2), including an evaluation of the public costs of the project. The public costs include additional schools, roads, police, etc., and indirect costs, such as the loss of open space.
(5)
A listing of all adverse environmental impacts,
especially irreversible and irretrievable damage, that cannot be avoided.
(6)
A list of alternatives to the project, including
"no project," and the reasons for their acceptability or nonacceptability.
Alternatives should consider both short- and long-term environmental
effects of the project.
(7)
A listing of steps proposed to minimize environmental
damage to the site and region during construction and operation. The
consideration of soil erosion, preservation of trees, protection of
watercourses, protection of air resources and noise control are some
factors to be considered here.
C.
Waiver. Notwithstanding the foregoing, the approving
board may, at the request of an applicant, waive the requirements
for an environment 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 requirements
may likewise be waived upon a finding that the complete report need
not be prepared in order to evaluate adequately the environmental
impact of a particular project.[1]
[1]
Editor's Note: Former § 84-107,
Fences and walls, which followed this section, was repealed 5-23-1991
by Ord. No. 11-91.
[Added 10-16-2008 by Ord. No. 2008-29]
A.
Filing of report.
(1)
Prior to any development application (including major or minor
subdivision and site plan approvals) being deemed complete by the
Township's administrative officer, a preliminary site investigation
report and soil sampling report, as set forth in this section, shall
be filed by the applicant.
(2)
Exemptions. No applicant shall be required to submit a preliminary
site investigation report and soil testing report for the following
types of applications:
(a)
Applications for signage;
(b)
Applications for bulk variances in connection with decks, pools,
and/or sheds for existing uses;
(c)
Applications for minor subdivisions which create no new lots;
(d)
Applications for site plan waivers;
(e)
Applications making minor revisions to existing site plans;
(f)
Applications involving open space and continued farming; and
(g)
Applications for sites for which final approval has previously
been granted.
(3)
Notwithstanding the foregoing exemptions, a preliminary site
investigation report and soil sampling report may be required at the
direction of the respective land use board with jurisdiction over
the application if the Planning or Zoning Board finds that, based
upon historical data, there is reason to believe that the site is
potentially contaminated.
B.
Review of reports. The Township's Environmental Commission shall
review the preliminary site investigation report and soil testing
report and provide its recommendation to the board with jurisdiction
over the application. In addition, the preliminary site investigation
report and soil testing report shall be reviewed by the appropriate
board professional who shall provide his or her recommendation to
the board with jurisdiction over the application.
C.
Requirements for reports. The reports shall be conducted and submitted
in two parts.
(1)
Preliminary site investigation report.
(a)
First, the applicant shall submit a preliminary site investigation
report that shall have been prepared within six months of the applicant's
submission that provides historical information on the previous uses
of the proposed site so that potential contaminants or areas of concern
can be identified prior to any soil sampling. The preliminary site
investigation report shall be based upon diligent inquiry by the applicant
and at a minimum shall contain the following:
[1]
Names of all present owners and operators, and
all prior owners or operators of the site who have held an interest
in the site in the last sixty (60) years.
[2]
Dates of ownership for each owner.
[3]
Dates of operation of each owner.
[4]
Description of past agricultural or industrial
use of the site.
[5]
List of pesticides, herbicides, insecticides or
other contaminants used or stored at the site.
[6]
Approximate period of time of use or storage of
pesticides, herbicides, insecticides or other contaminant(s), as the
term "contaminant" is defined in N.J.A.C. 7:26E-1.8, at the site.
[7]
Records relating to any past remedial activities.
[8]
Copies of all present and prior sampling data.
[9]
A scaled site plan or survey detailing lot/block
numbers, property boundaries, buildings, storage or use areas for
any pesticides, herbicides, insecticides or other contaminants, wetlands,
streams, ponds, septic and cesspool systems, underground storage tanks,
and inactive and active wells.
[10]
Identification and delineation of all areas where
nonindigenous fill materials were used on site.
[11]
A delineation of any areas believed to be contaminated
including identification of the contaminant(s) present.
(b)
The Environmental Commission and board professionals shall review
the preliminary site investigation report within 45 calendar days
of receipt. Incomplete preliminary site investigation reports shall
be returned to the applicant with comments for resubmittal. Following
the acceptance of the preliminary site investigation report, the applicant
shall submit a soil sampling report unless the administrative officer
shall have waived the soil sampling report requirement based upon
the recommendations of the Environmental Commission and board professionals
that indicate that the applicant has satisfactorily demonstrated that
the site has not historically been used for either agricultural or
industrial uses resulting in contamination of the site.
(2)
Soil sampling report.
(a)
If the submittal of a Soil Sampling Report has not been waived pursuant to Subsection C(1), then a soil sampling report must be submitted that demonstrates that the sampling locations and sampling depths were biased towards areas of greatest potential contamination. If there is no basis for biasing sampling locations, one sample shall be taken every two acres. A minimum of one sample shall be taken at the proposed site. Sampling locations shall be identified on the site plan and affixed with GPS coordinates.
(b)
Unless otherwise directed by the administrative officer, all
samples shall be analyzed for lead and/or arsenic using USEPA Method
SW-846-6010B, and a pesticide scan performed using USEPA Method SW-841-8081A.
In the event additional contaminants are suspected to exist and/or
identified in the preliminary site investigation report, the administrative
officer may direct that appropriate analysis be performed using the
applicable USEPA or NJDEP analytical protocol. The date(s) of the
soil sampling event(s) must be provided, both by telephone and in
writing, to the Township's Departments of Engineering, Planning and
Zoning a minimum of 10 calendar days prior to the collection of the
samples.
(c)
The soil sampling report shall contain a table listing lead,
arsenic, pesticides and other contaminants analyzed with the result
of each parameter analyzed for each sample. An evaluation of each
contaminant, including its potential impact upon groundwater or nearby
surface waters shall be included in the report. All sampling and analytical
work, remediation, quality assurance and laboratory methods must be
conducted in accordance with the most recent NJDEP Field Sampling
Procedures Manual protocol in accordance with N.J.A.C. 7:26E-l et
seq., Technical Requirements for Site Remediation.
(d)
In the event that a soil sampling report has not been submitted
at the time that the application has been deemed complete, the board
with jurisdiction over the application retains the authority to require
that a soil sampling report be submitted by the applicant. The board
with jurisdiction over the application may require a soil sampling
report if it determines, based upon the records presented at the public
hearing, and the testimony given, that there is reason to believe
that the site is potentially contaminated. The board with jurisdiction
over the application may require that the soil sampling report be
submitted prior to making a final determination on the merits of the
application, or it may require that the soil sampling report be submitted
as a condition of approval of the application.
D.
Proof of remedial action.
(1)
In the event that remedial action is required, or has occurred,
as a result of the presence of contaminants at the site in excess
of the NJDEP soil or groundwater cleanup criteria, the applicant shall
provide the following documentations with its application:
(a)
Remedial action work plans or remedial action reports submitted
to the NJDEP in accordance with the applicable technical regulations
for site remediation.
(b)
Copies of any correspondence from NJDEP indicating a deficiency
with any plans or reports submitted.
(c)
Copies of the no further action letter issued by NJDEP, including
any conditions imposed by NJDEP thereto.
(d)
Copies of any filed deed notices applicable to the site.
(2)
The Board with jurisdiction over the application may condition
the approval of any development upon the requirement that a full site
no further action letter be obtained from the NJDEP pursuant to N.J.S.A.
40:48-2.57.
A.
Wherever a central water supply system services a
development, provision shall be made for fire hydrants along streets
and/or on the walls of nonresidential structures as approved by the
Municipal Fire Department or Municipal Engineer and in accordance
with fire insurance rating organization standards.
B.
Where streams or ponds exist or are proposed on lands
to be developed, facilities shall be provided to draft water for fire-fighting
purposes. This shall include access to a public street suitable for
use by fire-fighting equipment and construction of improvements to
ponds, dams or similar on-site development where feasible. Such facilities
shall be constructed to the satisfaction of the Municipal Engineer
and Fire Department and in accordance with fire insurance rating organization
standards.
(Also see §§ 220-147 through 220-158, regarding stormwater management, and 220-173, Public use and service areas, in this article.)
A.
The purposes are:
(1)
To implement the land use rules and regulations
promulgated by the New Jersey Department of Environmental Protection
for floodways and the flood-fringe portion of a flood hazard area.
(2)
To discourage construction and regrading in
flood hazard areas.
(3)
To prevent encroachments into flood hazard areas
which would obstruct or constrict the area through which water must
pass.
(4)
To prevent pollution of watercourses during
low- or high-water periods by preventing the placing or storing of
unsanitary or dangerous substances in the flood hazard areas.
B.
The flood hazard design elevation shall be determined
on an individual basis based upon stream encroachment line data from
the Division of Water Resources or, in the absence of that data, the
flood elevation based on a one-hundred-year storm frequency. One or
the other shall be delineated on the plat. In addition, the Municipal
Engineer may, upon request of and at the expense of the applicant
or at the request of the approving authority and with the consent
of the landowner and at the applicant's expense, determine the precise
location of a floodway and flood-fringe area by close inspection,
field survey or other appropriate method and cause the same to be
marked on the ground and on the plat, notifying the owner, the New
Jersey Department of Environmental Protection, Division of Water Resources
and the approving authority. The assistance of the United States Department
of Agriculture, Soil Conservation Service, and the New Jersey Department
of Environmental Protection, Division of Water Resources, may be sought
to aid in delineating the flood hazard design elevation, except that
where state or federal agencies shall subsequently publish any reports
which delineate the flood hazard design elevation of a watercourse,
said report shall be the officially delineated flood hazard area as
if said report were published in this chapter.
C.
Any lot containing a floodway portion of a drainage
course and on which it is proposed to regrade and to construct an
improvement shall not be permitted unless the proposed use is permitted
by this chapter, plat approval has been granted and a floodway permit
has been issued by the New Jersey Department of Environmental Protection,
Division of Water Resources, where required by state regulations.
D.
Any lot containing a flood-fringe portion of the flood
hazard area and on which it is proposed to regrade and/or construct
an improvement shall not be permitted unless the proposed use is permitted
by this chapter and until plat approval has been granted.
E.
The procedure for reviewing any proposed regrading
and/or construction shall be the same as set forth for plat review.
No application shall be approved and no permit granted until all zoning
violations have been corrected or a variance has been granted.
F.
Permitted uses in a flood-fringe portion of the flood
hazard area shall be restricted to the following, provided they are
permitted uses in the district in which the flood-fringe portion is
located:
(1)
Agriculture: general farming, pasture, grazing,
outdoor plant nurseries, horticulture, viticulture, truck farming,
forestry, sod farming and wild crop harvesting.
(2)
Industrial-commercial: yards, loading areas
and parking areas.
(3)
Recreation: golf courses, improved courts and
playing fields, swimming areas, boat launching ramps, picnic and camping,
and open space uses such as hiking trails.
(4)
Residential: lawns, gardens, parking areas and
play areas.
G.
The applicant shall submit maps, reports and other
appropriate documents permitting the approving authority to evaluate
whether the proposal has an inherent low flood damage potential; does
not obstruct flood flows or increase flood heights and/or velocities;
does not affect adversely the water-carrying capacity of any delineated
floodway and/or channel; does not increase local runoff and erosion;
does not unduly stress the natural environment of the floodplain or
degrade the quality of surface water or the quality and quantity of
groundwaters; does not require channel modification or relocation;
does not require fill or the erection of structures; and does not
include the storage of equipment and materials.
H.
Upon reviewing the application, hearing the applicant's
representation and reviewing comments received from other municipal
agencies to which the application was forwarded for comment, the approving
authority shall deny, approve subject to conditions or approve the
application. Its conclusion shall be based on findings related to
the above criteria.
All lots being filled shall be filled with clean
fill and/or topsoil in such a manner as to allow complete surface
draining of the lot into local storm sewer systems or natural drainage
rights-of-way.
Penthouses or roof structures for the housing
of stairways, tanks, ventilating fans, air-conditioning equipment
or similar equipment required to operate and maintain the building,
and fire or parapet walls, skylights, spires, cupolas, flagpoles,
chimneys, water tanks or similar structures may be erected above the
height limits prescribed by this chapter but in no case more than
25% more than the maximum height permitted in the district, except
church spires and farm silos shall have no height restrictions.
All parking, loading and unloading areas and
walkways thereto and appurtenant passageways and driveways serving
commercial, public office, industrial or other similar uses having
off-street parking and loading areas and building complexes requiring
area lighting shall be illuminated adequately during the hours between
sunset and sunrise when the use is in operation. The lighting plan
in and around the parking areas shall provide for nonglare, color-corrected
lights focused downward. The light intensity provided at ground level
shall be a minimum 0.3 footcandle anywhere in the areas to be illuminated
and shall average a minimum of 0.5 footcandle over the entire area,
and such lighting shall be provided by fixtures with a mounting height
not to be more than 25 feet measured from the ground level to the
center line of the light source or the height of the building if attached,
whichever is lower, and spacing not to exceed five times the mounting
height. Except for low-intensity sign and exterior building surface
decorative lighting, for each fixture the total quantity of light
in lumens radiated above a horizontal plane passing through the light
source shall not exceed 7 1/2% of the total quantity of light
in lumens emitted from the light source. Any other outdoor lighting,
such as building and sidewalk illumination, driveways with no adjacent
parking and ornamental light, shall be shown on the lighting plan
in sufficient detail to allow determination of the effects on adjacent
properties, traffic safety and overhead sky glow. The objective of
these specifications is to minimize undesirable off-premises effects.
No light shall shine directly into windows or onto streets and driveways
in such manner as to interfere with or distract driver vision. To
achieve these requirements, the intensity of such light sources, light
shielding and similar characteristics shall be subject to site plan
approval.
A.
Lot dimensions and area shall not be less than the
requirements of the zoning provisions of this chapter.
B.
Insofar as is practical, side lot lines shall not
deviate more than 10° from either the right angle of a straight
street or the radial of a curved street.
C.
Each lot must front upon an approved public street
at least 50 feet in width.
D.
Where extra width has been dedicated for widening
of existing streets, lots shall begin at such new street line and
all setbacks shall be measured from such line.
E.
Where there is a question as to the suitability of
a lot or lots for their intended use due to factors such as poor drainage
conditions or flood conditions, where percolation tests or test borings
show the ground conditions to be inadequate for proper sewage disposal
for on-lot sewage treatment or similar circumstances, the approving
authority may, after adequate investigation, withhold approval of
such lots. If approval is withheld, the approving authority shall
give reasons and nature of investigation made, notify the applicant
and enter same in the minutes.
F.
Corner lots. Structures located on a corner lot shall
be set back from both streets the required front yard distance, but
in no case less than required for a clear-sight triangle, and shall
meet the front yard requirements on both streets.
G.
Interior residential lots; flat lot.
(1)
A lot of seven or less acres existing at the
time of this chapter in any district where a single-family use is
permitted may be subdivided for one and only one additional lot whose
frontage on a public street shall be a fifty-foot-wide access lane.
Such a lot layout shall be permitted only if it will not adversely
affect the development of the remaining undeveloped land. This provision
shall not apply to a lot subdivided under the rural residential provisions
of this chapter. The frontage shall be measured at the street line,
and the side lines of the access lane shall be reasonably perpendicular
to such frontage so that the access lane created is reasonably suited
for construction and use as a private lane or possible development
of a Township street.
(2)
Both lots, exclusive of the access lane, shall
meet the width, depth and area requirements of the schedule of limitations
for that district in which such lots are located.
(3)
In the event that an additional lot or lots
shall be subdivided along such access lane, the owner of the access
lane shall, at his own expense, pave and improve said private lane
for its entire length in accordance with all Township standards regulating
street construction and the provisions of this chapter and shall offer
such road to the Township as a public street as a condition of subdivision
approval. Furthermore, such road improvements shall be made and necessary
subdivision approval received prior to the issuance of a building
permit for the additional dwelling or dwellings.
H.
Contiguous undersized lot or lots under one ownership
are considered one lot.
Monuments shall be the size and shape required by N.J.S.A. 46:23-9.12 of the Map Filing Law, as amended, and shall be placed in accordance with said statute and indicated on the final plat for minor and major subdivisions. All lot corners shall be marked with a monument or with a solid metal alloy pin of permanent character having a minimum length of four feet and minimum diameter of one inch; said markers shall be installed prior to granting of a certificate of occupancy, and installation of same shall not be included in performance or maintenance guaranties covered in § 220-30, Guaranties, inspections and developer's agreements. Lot corners marked in accordance with requirements of § 220-47A(6), Cluster development, are exempt from these lot corner marking requirements.
Natural features such as trees, brooks, swamps,
hilltops and views shall be preserved whenever possible. On individual
lots, care shall be taken to preserve selected trees in order to enhance
soil stability and the landscape treatment of the area.
[Amended 5-14-1987 by Ord. No. 17-87]
A.
The Planning Board and/or the Board of Adjustment
shall require, as a condition of final subdivision and site plan approval,
that the developer pay his pro rate share of the cost of providing
reasonable and necessary street improvements and water, sewerage and
drainage facilities and other facilities necessary for the health,
safety and welfare of the public and easements therefor located outside
the property limits of the development but necessitated or required
by construction or improvements within such development. Such contribution
for a developer's pro rata share shall be required where the off-tract
improvements are to be constructed pursuant to provisions of the circulation
and comprehensive utility service plans and other relevant or appropriate
plans included in the Marlboro Township Master Plan. The developer
shall contribute his pro rata share of the costs, except that in the
case where all costs for the required improvements can be properly
allocated to the developer, he may be required to install the improvement.
B.
The developer shall pay the full cost or shall be
required to construct off-tract improvements that are wholly necessitated
by the proposed development where said improvements do not benefit
any land other than the land within the subdivision or site plan.
C.
The developer shall provide for payment of its pro rata share, as determined in Subsections E and F of this section of all off-tract improvements required by the Planning Board or the Board of Adjustment if such improvements are wholly or partially necessitated by the proposed development where said improvements benefit lands other than those within the subdivision or site plan.
D.
The developer shall deposit with the Township a percentage
of the total cost of the necessary improvements equal to the percent
of benefit which said development will receive from the necessary
improvements in relation to the total benefit resulting from the necessary
improvement to all properties as developed or potentially developed.
E.
In apportioning the benefits of off-tract improvements
as between the developer and other property owners and the general
public, the Planning Board shall be guided by the following factors:
(1)
The increase in market values of the properties
affected and any other benefits conferred.
(2)
The needs created by the application.
(3)
Population and land use projections for the
land within the general area of the subdivision or site plan and other
areas to be served by the off-tract improvements.
(4)
The estimated time for construction of the off-tract
improvements.
F.
Without limiting the generality of the foregoing,
the Planning Board may take into account the following specific factors:
(1)
With respect to street widening, alignment,
curbs, gutters, streetlights, sidewalks, street signs, and traffic
signalization improvements, the Planning Board may consider:
(a)
Traffic counts.
(b)
Existing and projected traffic patterns.
(c)
Quality of roads and sidewalks in the area.
(d)
Such other factors as it may deem relevant to
the needs created by the proposed development.
(e)
Functional capacity of roads.
(f)
Local bridges, county bridges and other county
improvement.
(2)
With respect to drainage facilities, the Planning
Board or the Board of Adjustment may consider:
(a)
The relationship between the areas of the subdivision
or site plan and the area of the total drainage basin of which the
subdivision or site plan is a part.
(b)
The proposed use of land within the subdivision
or site plan and the amount of land area to be covered by impervious
surfaces on the land within the subdivision or site plan.
(c)
The use, condition or status of the remaining
land area in the drainage basin.
(3)
With respect to sewerage facilities, the Planning
Board may consider:
(a)
Flow measurements.
(b)
Projected future loadings to the system.
(c)
Condition of the existing sewerage facilities.
(d)
Amount of infiltration/inflow in the existing
system.
(e)
The use, condition or status of the remaining
land in the sanitary sewer service area.
(4)
Any reports issued by the Township Council of
the Township of Marlboro where the development may require the expenditure
of funds by the Council or where the development requires any other
action by the Township Council.
G.
The Planning Board and the Board of Adjustment are
authorized to retain such experts as are required to assist them in
ascertaining the costs of such improvements and the developers pro
rata share thereof. The developer shall pay the costs for the services
of the experts and shall deposit those costs with the Township.
H.
Any money received by the Township for off-tract improvements
to be constructed or installed by the Township pursuant to the provisions
of this section shall be deposited in a suitable depository therefor
and shall be used only for the improvements for which they are deposited
or improvements satisfying the same purpose. If construction of improvements
for which the Township is responsible has not commenced within 10
years from the date of deposit, the amount deposited, together with
any interest thereon, shall be returned to the developer or his successor
in interest.
A.
Carports and garages. No carports are permitted in
the Township. Unless otherwise permitted by this chapter, detached
single-family dwellings shall have a minimum two-car garage, attached
to or detached from the principal building, having a minimum area
of 400 square feet and shall provide a minimum twenty-foot-wide driveway
connecting the garage to the adjacent street constructed in accordance
with the requirements contained herein. Single-family dwellings located
in zoning districts where one-car garages are specifically permitted
shall have ten-foot minimum width driveways otherwise conforming in
all respects to the requirements contained herein.
[Amended 7-14-1988 by Ord. No. 32-88; 5-18-1989 by Ord. No.
12-89; 10-20-2005 by Ord. No. 2005-46]
(1)
Driveways connecting public streets to two-car
residential garages, where the setback does not exceed 50 feet, shall
have a minimum width of 10 feet for one-car or 20 feet for two-car
garages throughout their length from the sidewalk, or the curbline
if there is no sidewalk, to the garage. Side entry garages shall have
a minimum twelve-foot width with a minimum twenty-five-foot-by-twenty-five-foot
driveway apron in front of the doors conforming to the driveway requirements
in all other aspects.
(2)
Driveways shall be paved with a uniform two-course
pavement throughout their length and width, provided further that
any driveway over 75 feet in length in the LC and/or R-80 Zoning Districts,
unless a major subdivision is involved, shall only be required to
be paved the first 40 feet from the street or public right-of-way,
with the remaining driveway area consisting of crushed stone. The
upper lift shall be bituminous concrete surface course and the lower
lift shall be bituminous concrete base course. Driveways shall be
substantially flush with their surroundings.
(3)
The upper driveway pavement course shall consist
of two inches minimum of FABC Mix 1-5 asphalt. The lower driveway
course (or base course) shall consist of at least three inches of
bituminous stabilized base course Mix I-2 asphalt material. This base
course shall be rolled and compacted, and a tack coat shall be placed
on it prior to the placement of the two-inch FABC topping. The three-inch
base layer shall be placed on top of a free draining, well compacted
soil subgrade which shall be of appropriate grain size distribution
to support the overlying asphalt courses.
(4)
If subgrade is unstable due to sponginess, wetness
or unsuitability of the underlying soil, then a stone material shall
be installed to adequately address this condition.
(5)
The two-inch FABC surface course shall be smooth,
shall not be open-grained and shall conform to the following criteria:
(a)
A two-foot-long straight edge placed flat in
any position on the finished asphalt driveway surface shall not protrude
at any point by more than 3/8 inch from the surface. This requirement
shall not apply in the strip on both sides of the driveway within
eight inches from both its edges.
(6)
The driveway shall be constructed in a workmanlike
manner and shall be constructed in a way which would be conducive
to adequate surface drainage both of the driveway itself and the surrounding
area. The driveway shall be constructed in a way which would totally
protect the garage from receiving surface runoff.
(7)
Standards.
(a)
The two-inch asphalt top (FABC) shall comply
with New Jersey Department of Transportation Standard State Highway
Specifications, latest edition, and all supplements thereto.
(b)
The three-inch asphalt base (MABC) shall comply
with New Jersey Department of Transportation Standard State Highway
Specifications, latest edition, and all supplements thereto.
(c)
Tack coat shall also comply with the current
New Jersey Department of Transportation Standard State Highway Specifications,
latest edition, and all supplements thereto.
(8)
The foregoing provisions shall apply only to
residential driveways.
(9)
Inspection of residential driveways shall be
performed by the Engineering Department, and enforcement shall be
made pursuant to this chapter. Material tickets shall be provided
for all pavement courses to insure compliance with the New Jersey
Department of Transportation Standard Highway Specifications, latest
edition, and all supplements thereto.
(10)
There shall be due to the Township a fee of $75 for the review
of new driveways and driveway additions that are not included as bonded
improvements as well as a fee of $75 for inspection. This fee shall
be payable to the Township prior to the inspection of the driveway.
[Amended 2-17-2011 by Ord. No. 2011-1; 6-16-2011 by Ord. No.
2011-14; 2-2-2012 by Ord. No. 2012-3; 2-21-2013 by Ord. No.
2013-4; 12-18-2018 by Ord. No. 2018-22]
B.
Landscaping.
(1)
For lots in residential zones containing other
than only a single-family dwelling use, screen planting of a dense
evergreen material not less than four feet in height shall be provided
between off-street parking areas and any lot line or street line,
such planting to be located within 15 feet of the edge of the parking
areas. In lieu of screen planting, a fence of woven lattice, masonry
wall, wooden louver type or split cedar fence with a maximum of three-fourths-inch
spacing, or any combination of plantings, walls and fences, may be
provided, and same shall be not less than four feet nor more than
six feet in height, maintained in good condition and without advertising.
All fences and walls shall be landscaped.
(2)
A minimum of 5% of the interior of any parking
area over 5,000 square feet shall be landscaped within the parking
area with shrubs no higher than four feet when fully grown and/or
with trees with lower branches removed so as not to cause traffic
hazards. In rows of parking spaces, an area equal to at least one
parking space out of every 10, or an alternate arrangement providing
equal landscaped area which the Planning Board determines meets the
intent of this provision, shall be provided. This landscaping is in
addition to any other landscaping requirements of this chapter.
C.
Lighting. Lighting used to illuminate off-street parking
areas shall be arranged to reflect the light away from residential
premises and streets.
D.
Surfacing and curbing.
(1)
Surfacing.
(a)
Any parking lot and access drives shall be paved
as outlined below or the equivalent as determined by the Township
Engineer. All parking areas, regardless of size and location, shall
be suitably drained and maintained. Areas of ingress or egress, loading
and unloading areas, major interior driveways or access aisles and
other areas likely to experience similar heavy traffic shall be paved
with four inches of compacted base course of plantmixed bituminous
stabilized base course constructed in layers of not more than two
inches in compacted thickness and prepared and constructed in accordance
with Division 3, Section 2A, of the New Jersey State Highway Department
Standard Specifications for Road and Bridge Construction (1961) and
amendments thereto.
(b)
A two-inch-thick compacted wearing surface of
bituminous concrete (FABC) shall be constructed thereon in accordance
with Division 3, Section 1, of the aforesaid New Jersey State Highway
Department specifications and amendments thereto.
(c)
Parking stall areas and other areas likely to
experience similar light traffic shall be paved with three inches
of compacted base course of plantmixed bituminous stabilized base
course prepared and constructed in accordance with Division 3, Section
2A, of the New Jersey State Highway Department Standard Specifications
for Road and Bridge Construction (1961) and amendments thereto. A
one-and-one-half-inch compacted wearing surface of bituminous concrete
(FABC) shall be constructed thereon in accordance with Division 3,
Section 10, of the aforesaid New Jersey State Highway Department specifications
and amendments thereto.
(d)
When subbase conditions of proposed parking
area are wet, springly or of such a nature that surfacing would be
inadvisable without first treating the subbase, the treatment of the
subbase shall be made in the following manner: The area shall be excavated
to a depth of six inches to 12 inches below the proposed finished
grade and filled with suitable subbase material as determined by the
Township Engineer. Where required by the Township Engineer, a system
of porous concrete pipe subsurface drains shall be constructed beneath
the surface of the parking area and connected to a suitable drain.
After the subbase material has been properly placed and compacted,
the parking area surfacing material as described heretofore shall
be spread thereon.
(2)
Curbing.
(a)
All off-street parking lots shall be provided
with curbing or the equivalent so that vehicles cannot be driven onto
required landscaped areas, buffer zones and street rights-of-way and
so that each parking lot has controlled entrances and exits and drainage
control.
(b)
Curbing or wheel stops shall be located to prevent
any part of the vehicle from overhanging the street right-of-way property
lines or internal sidewalks. Parking spaces shall not be an extension
of any street right-of-way.
(3)
All off-street parking lots shall have adequate
designations to indicate traffic flow and parking spaces.
E.
Access. Except for single-family dwellings, access
points from any one lot crossing the street line shall be limited
to a maximum of two means of ingress and two means of egress along
the frontage of any single street, and the center lines of any separate
access points shall be spaced at least 65 feet apart, and such access
points shall handle no more than two lanes of traffic, be at least
150 feet from the street line of any intersecting street and be at
least 40 feet from any property line. For all uses, continuous open
driveways in excess of 16 feet at the street line shall be prohibited,
except for nonresidential uses where driveways of more than 16 feet
may be permitted with the approval of the approving authority after
giving due consideration to the proposed width, curbing, direction
of traffic flow, radii of curves and traffic lane divider. For all
uses, curbing shall be either depressed at the driveway or rounded
at the corners and the driveway connected with the street in the same
manner as another street.
F.
Location, provision and maintenance of parking areas.
Parking spaces shall be provided and maintained as long as the buildings
and premises are used for the purposes indicated, and they may not
be considered as provided unless reasonable precautions are taken
to assure their use only by persons residing or employed in or visiting
the building or premises for which they are provided. Required off-street
parking spaces shall be on the same lot or premises as the use served
regardless of the number of spaces required by this chapter. Off-street
parking may occupy front, side and rear yard areas, subject to site
plan approval, but shall be no closer than 20 feet to any street line.
No parking of vehicles shall be permitted in fire lanes, driveways,
aisles or turning areas and street rights-of-way. Nothing shall prohibit
driveways for one-family dwellings from being considered one off-street
parking space.
G.
Type of facility. Parking spaces for nonresidential
facilities may be on the surface of the ground or within underground
or other garage facilities.
H.
Sufficient number of spaces, access and parking space
dimensions.
[Amended 12-11-1986 by Ord. No. 54-86; 9-27-1990 by Ord. No.
43-90]
(1)
The provision of the parking spaces required
for each use shall be held to be the minimum number of spaces required,
and the owner shall provide the necessary additional spaces should
experience indicate that the spaces provided are inadequate. All parking
spaces shall include adequate driveway and necessary turning areas
for handling the vehicles for which provision is made. Parking areas
shall be designed to permit each motor vehicle to proceed to and from
the parking space provided for it without requiring the moving of
any other motor vehicle. The minimum dimensions of aisles and parking
stalls shall be as shown below. Where the angle of parking is different
on both sides of the aisle, the larger required aisle width shall
prevail. It is the intention of this chapter that perpendicular, parallel
and/or angle parking are to be permitted. Each is to be used where
good engineering practice, traffic circulation and safety considerations
indicate.
|
Angle Parking Dimensions
|
|
A.
|
Parking angle
| |
|
B.
|
Stall width
| |
|
C.
|
Stall to curb
| |
|
D.
|
Aisle width
| |
|
E.
|
Curb length per car
| |
|
F.
|
Curb to curb
| |
|
G.
|
Stall length
|
 |
|
A
(degrees)
|
B
(feet)
|
C
(feet)
|
D
(feet)
|
E
(feet)
|
F
(feet)
|
G
(feet)
| |
|---|---|---|---|---|---|---|---|
|
60
|
10
|
22
|
22*
|
11.5
|
66*
|
20
| |
|
70
|
10
|
22
|
22*
|
10.6
|
66*
|
20
| |
|
80
|
10
|
21.5
|
24*
|
10.2
|
67*
|
20
| |
|
90
|
10
|
20
|
25
|
10.0
|
65
|
20
|
|
*
|
NOTE: Dimensions shown are for
one-way aisles. Only ninety-degree parking is permitted with two-way
aisles.
|
(2)
Islands with raised curbs located between adjacent rows of angle or perpendicular parking spaces and at the ends of rows shall be installed in all parking areas consistent with good engineering practice, traffic circulation and safety and maintenance considerations and in such a number and manner as to provide the landscaping required in such parking areas by § 220-169B. It is not intended to require islands between every pair of adjacent rows of parking spaces, but rather that the islands be placed in such a manner as to discourage the hazardous cross aisle traffic movement of vehicles in other than designated pathways. The minimum dimensions of these islands shall be as shown in the following diagram. (See also § 220-97E.)
 |
(3)
Existing parking facilities are not required to revise the existing parking layout in order to install island separations and angle and/or perpendicular parking as a general requirement of this section. In specific instances, such revision may be required under § 220-97A(7) as a consequence of findings of the Township Engineer or the Division of Highway Safety of the Township Police Department.[1]
Any project proposed under a permitted form
of planned development shall follow the appropriate zoning criteria
of this chapter and the applicable subdivision and site plan criteria.
Prior to approval of any planned development, the approving authority
shall find the following facts and conclusions:
A.
All planned developments shall be designed in accordance
with the specific planned development provisions of this chapter.
The planned development provisions shall supersede any conflicting
portions of this chapter to the extent of such inconsistencies.
B.
Proposals for maintenance and conservation of the
common open space proposed to be handled by a private agency shall
be reliable and shall be established in accordance with the homeowners'
association provisions of this chapter. Also, the amount, location
and purpose of the common open space shall be adequate for the use
intended.[1]
C.
The physical design of the proposed development for
public services, control over vehicular and pedestrian traffic and
the amenities of light and air, recreation and visual enjoyment shall
be adequate and comply with appropriate portions of the Master Plan.
D.
The proposed planned development will not have an
unreasonably adverse impact upon the area in which it is proposed
to be established.
E.
In the case of a proposed development which contemplates
construction over a period of years, the terms and conditions intended
to protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development shall be adequate.
No lot shall have erected upon it more than
one residential building. No more than one principal use shall be
permitted on one lot, except for shopping centers receiving site plan
approval where all uses are as permitted for that zone, and except
agricultural uses where the residence and permitted agricultural uses
are permitted on the same lot.
Nothing in this chapter shall require any change
in the plans, construction, size or designated use of any building,
structure or part thereof for which any building permit or site plan
approval has been granted before the enactment of this chapter, provided
that construction from such plans shall have been started within one
year after the enactment of this chapter and shall be diligently pursued
to completion. The approving authority may extend the time limit for
good cause.
A.
In large-scale development, easements along rear property
lines or elsewhere for utility installations may be required. Such
easements shall be at least 15 feet wide and located in consultation
with the companies or Township departments and authorities concerned
and, to the fullest extent possible, be centered on or adjacent to
rear or side lot lines. Easement dedication shall be expressed on
the plat in accordance with the drainage provisions of this chapter.[1]
B.
Conservation, drainage and utility right-of-way easement.
Where a minor or major development is traversed by a watercourse,
open drainageway, channel or stream or where the Master Plan, Official
Map or natural resources inventory of the Township of Marlboro delineates
a floodplain or conservation easement, a conservation, drainage and
utility right-of-way easement shall be furnished to the Township by
the developer.
(1)
The easement shall extend on both sides and
shall follow the general course of the watercourse, open drainageway,
channel or stream and shall extend from the center line of said course
and a line approximately parallel to the top of the bank 25 feet distant
back from it.
(2)
This easement is granted for the purposes provided for and expressed in this section and in the definition of the terms "conservation, drainage and utility right-of-way easement" and "drainage and utility right-of-way" in § 220-4B of this chapter.
(3)
This easement prohibits the removal of trees
and ground cover except for the following purposes: the installation
and maintenance of drainage facilities and utilities, the removal
of dead or diseased trees, limited thinning of trees and growth to
encourage the most desirable growth, and the removal of trees to allow
for structures designed to impound water or in areas to be flooded
in the creation of ponds or lakes.
(4)
No structures except those required for drainage
and utilities or to impound water shall be located in this easement.
(5)
The easement shall be indicated on the sketch,
preliminary and final plats and shown in such a manner that the boundaries
thereof can be accurately determined should the necessity arise in
the future.
(6)
The boundary line of any easement shall be monumented
at its intersection with all existing or proposed street lines.
(7)
Such easement dedication shall be clearly indicated.
[Amended 12-11-1987 by Ord. No. 66-87]
(8)
No relocation, construction or reconstruction,
grading, filling or cutting shall take place within the area of the
easement, nor shall any structures or fences be located within such
area, nor shall any action be taken which will alter or impair the
effectiveness of present or future drainage facilities or cause soil
erosion without prior approving authority or Township Council approval.
[Amended 12-11-1987 by Ord. No. 66-87]
C.
Where natural streams, ponds or pond sites exist or
are proposed on lands to be developed, where feasible, facilities
shall be provided to draft water for Township fire-fighting purposes
that are usable in all seasons of the year. This shall include access
to a Township street suitable for access by fire-fighting equipment
and construction of or improvements to ponds, dams or similar on-site
or on-tract development where feasible. Such facilities shall be constructed
to the satisfaction of the Township Engineer and in accordance with
fire insurance rating organization standards.
D.
Water supply.
(1)
Where public water is accessible, the developer
shall construct water mains in such a manner as to make adequate water
service available to each lot use and dwelling unit within the development.
The entire system shall be designed in accordance with the requirements
and standards of the Township, county and/or state agency having approving
authority and shall be subject to their approval. The system shall
also be designed with adequate capacity and sustained pressure.
(2)
Where public water is not available, water shall
be provided for by the lot owner on an individual well basis. Such
wells shall be designed in accordance with the requirements and standards
of the Township and/or state agency having jurisdiction.
E.
Sanitary sewers and septic systems.
(1)
If a public treatment and collection system
is accessible, the developer shall construct facilities in such a
manner as to make public sewerage facilities available to each use
within the development.
(2)
Any treatment plant and collection system, including
individual lot septic systems, shall be designed in accordance with
the requirements of the state agency having jurisdiction and/or Township
ordinances enforced by the Township Board of Health, whichever is
more restrictive, and shall be subject to approval by the Township
Board of Health.
A.
All public services shall be connected to an approved
public utilities system where one exists. For all major developments,
the developer shall arrange with the servicing utility for the underground
installation of the utility's distribution supply lines and service
connection in accordance with the provisions of the applicable standard
terms and conditions incorporated as a part of its tariff as the same
are then on file with the State of New Jersey Board of Public Utility
Commissioners, and the developer shall provide the Township with two
copies of a final plat showing the installed location of these utilities,
prepared and certified as to accuracy by the serving utility. For
minor developments, service connections shall be made underground
where the supply lines that serve the lands being developed are underground.
With the exception of electric, telephone and gas utilities, for major
or minor developments the developer shall submit to the approving
authority, prior to the granting of final approval, a written instrument
from each serving utility which shall evidence full compliance or
intended full compliance with the provisions of this subsection; provided,
however, that lots which, in such development(s), abut existing streets
where overhead electric or telephone distribution supply lines are
already installed may be supplied with electric and telephone service
from those overhead lines, but the service connections from the utilities'
overhead lines shall be installed underground.
B.
All installation under this section to be performed by a serving utility shall be exempt from performance guaranties and inspection and certification by the Township Engineer. Where natural foliage is not sufficient to provide year-round screening of any utility apparatus appearing above the surface of the ground, the applicant shall provide sufficient live screening to conceal such apparatus year-round. On any lot where, by reason of soil conditions, rock formations, wooded area or other special condition of land, the applicant deems it a hardship to comply with the provisions of this subsection, the applicant may apply to the approving authority for an exception from the terms of this section in accordance with the procedure and provisions of § 220-12, Exceptions, in this chapter.
[Added 4-24-1997 by Ord. No. 11-97]
The following regulations shall apply to the
construction of communications facilities within the Township of Marlboro:
A.
Permitted in all zoning districts. Communications
facilities shall be considered to be a permitted accessory use in
all zoning districts of the Township of Marlboro. Where a communications
facility is proposed to be located on a vacant parcel of property,
however, said facility shall be deemed to be a permitted use until
such time as another principal structure is constructed on the property.
At such time, the communications facility shall then be considered
to be a permitted accessory use.
B.
Permit required. No new or replacement communications
facility shall be constructed within the Township of Marlboro until
a permit has been received from the Municipal Engineer. Where two
communications facilities are proposed to be located adjacent to one
another, then only one permit shall be necessary for the two combined
structures, provided that the total square footage of the combined
structures does not exceed 80 square feet. If the combined total square
footage exceeds 80 square feet, or if more than two facilities are
proposed to be located adjacent to one another, then additional permit(s)
shall be required. The word "adjacent" shall be construed for the
purposes of this chapter to mean facilities that are constructed upon
the same pad or are situated within five feet from another facility.
In lieu of receiving a permit from the Municipal Engineer, an applicant
may apply directly to the appropriate board of the Township in order
to obtain permission for construction of the desired communications
facility.
C.
Site plan approval. Site plan approval from the appropriate
board of the Township shall be required for any proposed communications
facility which is greater than seven feet in height or greater than
50 square feet as a footprint for a single facility or greater than
80 square feet as a footprint for two or more adjacent facilities.
This calculation shall not include the pad or other base beneath the
facility.
D.
Lot coverage; size of pad. Neither the pad beneath
a communications facility nor the facility itself shall be included
in the calculation of lot coverage for the lot upon which the same
are to be located. In no event, however, shall the pad extend more
than three feet beyond the perimeter of the facility.
E.
Submission of application and plan. Prior to the issuance
of a permit, the applicant shall submit an application to the Municipal
Engineer along with a detailed plan depicting the proposed construction.
A form application may be received from the Engineering Department.
The plan of construction must identify:
F.
Application fee. There shall be a nonrefundable application
fee of $500 for each permit. This fee is necessary in order to cover
the costs associated with the review of each permit application by
the Engineering and Legal Departments of the Township. The fee shall
be submitted to the Municipal Engineer along with the completed application
and proposed plan for construction and shall be placed into a separate
account to be kept by the Chief Financial Officer for this purpose.
G.
Time for action by Municipal Engineer; checklist of
requirements. The Municipal Engineer shall act upon any application
submitted for a permit (i.e., issue the permit or decline to issue
the permit) within 20 days from the date of receipt of a complete
application and construction plan from the applicant. Issuance of
a permit shall be based upon a determination that the following checklist
of requirements has been satisfied:
(1)
That the proposed construction shall not adversely
affect the subject property or adjacent properties.
(2)
That adequate landscape buffering exists. Said
buffering (either in its current or expected growth condition) shall
not, however, in the opinion of the Municipal Engineer, be so large
as to obstruct vision in a manner which would create an unsafe condition.
In cases where adequate landscape buffering does not exist, the planting
of such buffering to the satisfaction of the Municipal Engineer shall
be a condition to the issuance of the permit.
(3)
That adequate safety devices exist in the area
of the communications facility, if deemed necessary by the Municipal
Engineer. In cases where adequate safety devices do not exist, the
erection of same to the satisfaction of the Municipal Engineer shall
be a condition to the issuance of the permit.
(4)
That the proposed communications facility and
any accessory structure(s) related thereto are not located within
a sight triangle.
(5)
That all property owners within 200 feet of
the location of the proposed facility have been notified as set forth
herein and have been given an opportunity to provide comments to the
Municipal Engineer prior to the issuance of the permit. The two-hundred-foot
radius surrounding the proposed facility shall be depicted upon a
signed plan submitted to the Municipal Engineer from a licensed surveyor
on behalf of the applicant. The applicant shall notify all property
owners shown to be within said two-hundred-foot area by certified
mail, return receipt requested, at the addresses indicated on the
tax records of the Township. The notice shall be on a form to be provided
by the Engineering Department which shall advise the adjacent property
owners that they shall have a period of 14 days from the date of mailing
of said notice to provide comments to the Municipal Engineer regarding
the proposed construction. No permit application shall be deemed to
be complete until all of the certified mail return receipts have been
submitted to the Municipal Engineer verifying that the applicant has
mailed said notice to all of the required adjacent property owners
at their last known addresses as listed on the tax records of the
Township. If any comments are received by the Municipal Engineer from
adjacent property owners within said period, then the Municipal Engineer
shall provide the applicant with an opportunity to respond to said
comments prior to the Municipal Engineer's determination on the permit
application.
(6)
That an easement or other legal approval for
the location of the communications facility has been obtained from
the owner of the affected property. A copy of the deed of easement
or other legal document(s) evidencing said approval shall be submitted
at the time of application for a permit.
(7)
That any alteration to the existing grade of
the property as a result of the proposed construction shall not adversely
impact upon existing drainage patterns.
(8)
That the construction and use of the proposed
communications facility and any accessory structure(s) related thereto
shall not endanger the health, safety or welfare of the inhabitants
of the affected property, neighboring residents or the community in
general.
H.
Denial of permit. In cases where the Municipal Engineer
declines to issue the requested permit, the Municipal Engineer shall
return the proposed construction plan to the applicant along with
a dated written statement outlining the reasons for said denial. Any
applicant who is denied a permit to construct a communications facility
within the Township of Marlboro may take any other action(s) as may
be prescribed by the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A.
40:55D-1 et seq.), as amended from time to time, in order to secure
approval to construct the desired communications facility.
A.
No service station or public garage shall have an
entrance or exit for vehicles within 200 feet of an entrance or exit,
along the same side of a street or across the street, from any firehouse,
public or private school, park, playground, church, hospital, public
building or institution, except where such property is in another
block or abuts another street which the lot in question does not abut.
No service station or public garage shall be within 2,500 feet of
another service station or public garage, measured the shortest distance
from property line to property line along street rights-of-way and,
where measurements cross street rights-of-way, perpendicular to the
street right-of-way. Driveways, aprons, parking areas and other portions
of the site traveled by motor vehicles shall be located and paved
in accordance with the off-street parking provisions of this chapter.
B.
All appliances, pits, storage areas, trash facilities
and accessory items displayed, other than gasoline filling pumps or
air pumps, shall be within a building. Gasoline filling pumps and
air pumps shall be permitted within the required front yard space
of service stations but shall be no closer than 50 feet to any future
street line. All repair work shall be performed in a fully enclosed
building, and no dismantled parts shall be displayed outside of an
enclosed building.
C.
No junked motor vehicle or part thereof or not more
than four motor vehicles of normal operation upon the highways shall
be permitted on the premises of any service station or public garage
not within a closed and roofed building; except, however, that a number
not exceeding six motor vehicles may be located upon any service station
or public garage premises outside a closed or roofed building, for
a period of time not to exceed seven days, provided that said motor
vehicles are awaiting repair by the owners thereof.
[Amended 9-28-1995 by Ord. No. 35-95]
D.
All motor vehicle service stations that sell gasoline at retail to
consumers from gasoline pumps at their stations shall be required
to have an alternate energy source, such as a generator connection/hookup,
that is capable of providing electrical service during an interruption
of the normal electrical supply sufficient to power up the gasoline
pumps so that gasoline can be sold to the consumer. The alternate
energy source shall be sufficient to operate all pumps during normal
business hours of the service stations.
[Added 3-14-2013 by Ord. No. 2013-5]
E.
The alternate energy source required by § 220-176D shall be required any time an existing motor vehicle service station undertakes a substantial renovation (e.g., tank replacement) as determined by, and in the sole discretion of, the Zoning Officer in consultation with the Construction Official.
[Added 3-14-2013 by Ord. No. 2013-5]
[Amended 7-14-1988 by Ord. No. 31-88]
A.
Nursery-grown shade trees, healthy, well-branched,
bagged and burlapped, with good roots, shall be planted an average
of 50 feet apart and four feet from the sidewalk in the front lawn
area. If there is no sidewalk, then these trees shall be planted 11
feet inside the right-of-way line on the residence side or as otherwise
designated by the Planning Board.
B.
Replanting or relocation of shade trees from these
designated locations to other areas in the front yard or to the side
or rear yard is not permitted. However, a homeowner may, by filling
out a form, designate his unwillingness to accept the developer's
shade trees; in such event, the homeowner shall undertake to plant
ample landscaping equivalent or better than the shade trees. The trees
which were to be planted on the lot shall then be planted elsewhere
in the development in areas approved by the Township Shade Tree Commission,
the Planning Board, the Township Engineer or their designated representative.
C.
All shade trees shall have a minimum caliper of two
inches, measured one foot above the ground line, and be in the height
range of 10 feet to 14 feet after planting. The trees shall be of
a variety approved, in writing, by the Marlboro Township Shade Tree
Commission, the Planning Board or by the Marlboro Township Engineer
and shall be planted in a manner which will give that particular variety
of tree the best chances of survival.
(1)
All trees shall be replanted in spring and/or
early summer and later inspected by a landscape architect to ensure
that the trees are adopted properly to the location.
[Added 7-20-1989 by Ord. No. 28-89]
E.
The following trees are specifically prohibited: poplar,
sweetgum, silver maple, sassafras, tulip tree, all types of willow
and all evergreens.
F.
Removing existing trees from the lot or filling soil
around trees on a lot shall not be permitted unless it can be shown
that grading or construction requirements necessitate removal of trees,
in which case these lots shall be replanted with trees to reestablish
the tone of the area and to conform to adjacent lots.
G.
Special attention shall be directed toward the preservation
of major trees by professional means. Proof of tree variety shall
be provided by the developer before the performance guaranty is released.
[Amended 1-3-2019 by Ord.
No. 2018-23]
Sidewalks shall be constructed of portland cement concrete. The concrete shall be in accordance with § 220-146C and have a minimum compressive strength of 4,500 pounds per square inch after 28 days. Sidewalks shall be not less than four feet wide and not less than four inches in thickness except between driveways and aprons, where they shall be not less than six inches in thickness throughout and include wire mesh reinforcement. A preformed bituminous expansion joint filler 1/2 inch in thickness, conforming to New Jersey Department of Transportation standards, shall be installed not farther apart than every 30 feet. The finish shall be a broom finish with the edges finished with a suitable finishing tool. All sidewalks shall provide for disabled access ramps at least at all corners.
[Amended 2-22-1990 by Ord. No. 6-90; 5-23-1991 by Ord. No.
11-91]
A.
In any district on a corner lot, sight triangles shall
be required, in addition to the right-of-way width, in which no grading,
planting, fence or structure shall be erected or maintained more than
three feet above the street center line. No driveway, designed for
the purpose of parking motor vehicles thereon, shall be constructed
or maintained within said sight triangle. The "sight triangle" is
defined as that area outside the right-of-way which is bounded by
the intersecting street lines and the straight line connecting sight
points, one each located on the two intersecting street center lines
the following distance away from the intersecting center lines: primary
and secondary arterial streets, at 300 feet; major and minor collector
streets, at 200 feet; and local streets, at 90 feet. Where the intersecting
streets are both arterial, both collector or one arterial and one
collector, two overlapping sight triangles shall be required formed
by connecting the sight points noted above with a sight point 90 feet
on the intersecting streets. On all lots, no planting, grading or
structure higher than three feet above the street center line shall
be located within the street right-of-way between the edge of the
paved cartway and the street right-of-way.
[Amended 4-22-1993 by Ord. No. 19-93]
B.
Any exit driveway shall be so designed in profile
and grading and shall be so located as to permit the following minimum
sight distance shown below measured in each direction along the road;
the measurement shall be taken from a point on the center line of
the driveway 15 feet behind the edge of the pavement and three and
3.5 feet above grade to a point four feet above the center line of
the roadway. The sight distances required for left-turning vehicles
into an entrance drive are also as indicated below. This distance
is measured from a point 50 feet prior to the point where a vehicle
would stop to make the left turn into the driveway and three and 3.5
feet above the center line of the road to a point four feet above
the center line of the road.
|
85th Percentile Speed on Road
(mph)
|
Required Sight Distance
(feet)
|
Left Turn Sight Distance
(feet)
| |
|---|---|---|---|
|
25
|
250
|
300
| |
|
30
|
300
|
350
| |
|
35
|
350
|
400
| |
|
40
|
400
|
450
| |
|
45
|
450
|
500
| |
|
50
|
500
|
550
|
No billboards or other structures for advertising
or display purposes shall be hereinafter erected in any zone except
as specifically allowed in this chapter. No sign of any type shall
be permitted to obstruct driving vision, traffic signals, traffic
directional and identification signs or places of business. No signs
of any type shall be permitted to be flashing or designed to utilize
wind, mechanical and/or other means to produce motion or the illusion
of motion; however, this provision shall not prohibit signs suspended
from their top which may move in the wind so long as the basic design
intent was not to utilize such motion. Signs shall be directly related
to the business being conducted on the premises.
A.
Animated, flashing and illusionary signs. Signs using
mechanical, electrical and/or other means or devices to display flashing,
movement or the illusion of movement are prohibited.
B.
Height. No freestanding or attached sign shall exceed
the maximum height provided in the district. In any event, no sign
shall exceed any lesser height if specified elsewhere in this chapter
nor be higher at any point than the roof of the building if it is
attached to a building.
C.
Illuminated signs, where permitted, shall be so arranged
as to reflect the light and glare away from adjoining premises in
any residential zoning district and away from adjoining highways.
Illuminated signs shall comply with the Electrical Code currently
in effect in the Township. Neon lighted signs are prohibited. All
exterior lighted signs shall be lighted from the bottom, with said
lights a maximum distance of six feet from the sign and of such design
as to minimize sky glare.[1]
D.
Maintenance. Signs must be constructed of durable
materials, maintained in good condition and not allowed to become
dilapidated.
E.
Real estate signs temporarily advertising the sale,
rental or lease of the premises or portion thereof shall be, if not
attached to the building, set back at least 10 horizontal feet from
the street curbline. Such signs shall not exceed nine square feet
on each side and shall not be more than five feet high when freestanding
and shall be removed at the expense of the advertiser within 15 days
after the termination or completion of the matter of business being
advertised. Such signs do not need a building permit or site plan
approval.
F.
Sign area shall be measured around the outside edges
of a framed or enclosed sign or by the area utilized by isolated words
and/or symbols, including the background, whether open or enclosed,
but said areas shall not include any supporting framework and bracing
incidental to the display itself. Freestanding signs may carry advertising
or displays on a maximum of two sides.
G.
Farm signs identifying the name of the farm shall
not exceed 12 square feet on each side and shall not exceed eight
feet in height and shall be located no closer to the street than the
future street right-of-way line.
A.
No building or structure shall hereafter be erected,
constructed, placed, altered or enlarged in any residence zone which
shall be like any neighboring building then in existence or for which
a building permit has been issued or which is included in the same
building permit application, in more than one of the following respects:
(1)
Design of style of roof.
(2)
Length of the front elevation measured between
the ends of the building or structure at the first floor elevation.
(3)
Relative location of windows in the front elevation
with respect to each other and with respect to any door, chimney,
porch or attached garage in the same elevation.
(4)
Relative location of garage, if attached, porch,
if any, and the remainder of the building or structure in the front
elevation, with respect to each other.
(5)
Type or kind of materials used in the outside
wall construction in the front elevation.
B.
Buildings or structures shall be deemed to be like each other in respect to Subsection A(2) above if the difference in the length of the front elevation is less than eight feet. Buildings or structures between which the only difference in relative location of elements is end-to-end or side-to-side reversal of elements shall be deemed to be like each other in these respects.
A.
Any land disturbance of 5,000 square feet or more of the surface area of land for the accommodation of construction for which the Standard Building Code of the State of New Jersey would require a building permit shall obtain site plan approval except for cases covered in § 220-13B of this chapter.
B.
All major site plans and major subdivisions shall
incorporate soil erosion and sediment control programs phased according
to the scheduled progress of the development, including anticipated
starting and completion dates. The purpose is to control soil erosion
and sediment damages and related environmental damage by requiring
adequate provisions for surface water retention and drainage and for
the protection of exposed soil surfaces in order to promote the safety,
public health, convenience and general welfare of the community.
C.
Regulation. No major site plan or major subdivision
shall be granted preliminary approval until the soil erosion and sediment
control plan has been approved. The applicant may submit the soil
erosion and sedimentation control plan approved and certified by the
Freehold Soil Conservation District and request that it be accepted
in lieu of the requirements of this section, and the approving agency
shall approve, partially approve or disapprove said request.
D.
Data required.
(1)
The applicant shall submit a soil erosion and
sediment control plan which shall clearly establish the means for
controlling soil erosion and sedimentation for each site or portion
of a site, when developed in stages.
(2)
The soil erosion and sediment control plan shall
be reviewed as to completeness and effectiveness by the Municipal
Engineer and approved by the approving authority. The applicant may
consult with the County Soil Conservation District in the development
of the plan and the selection of appropriate erosion and sediment
control measures. The applicant shall bear the final responsibility
for the installation, construction and cost of all required soil erosion
and sediment control measures required.
(3)
The applicant shall submit to the approving
authority a separate soil erosion and sediment control plan for each
subdivision, site plan review, zoning variance or any application
for construction for which the Standard Building Code of the State
of New Jersey would require a building permit. Such plan shall be
prepared by a professional engineer licensed in the State of New Jersey,
except in instances where the preparation of a plan does not include
or require the practice of engineering as defined in N.J.S.A. 45:8-27,
and shall contain:
(a)
Location and description of existing natural
and man-made features on and surrounding the site, including general
topography and soil characteristics and a copy of the Soil Conservation
District soil survey.
(b)
Location and description of proposed changes
to the site, including contours and spot elevations showing existing
and postconstruction conditions.
(c)
Measures for soil erosion and sediment control,
which shall be equivalent to or exceed Standards for Soil Erosion
and Sediment Control adopted by the New Jersey State Soil Conservation
Committee June 14, 1972, and by the Freehold Soil Conservation District
January 31, 1973, as amended. Such standards shall be on file at the
office of the Administrative Officer.
(d)
A schedule of the sequence of installation of
planned erosion and sediment control measures as related to the progress
of the project, including anticipated starting and completion dates.
(e)
Description of means for maintenance of erosion
and sediment control facilities during and after construction.
(4)
All proposed revisions of data required shall
be submitted for approval.
E.
Review and approval. Erosion and sediment control
plans shall be reviewed by the Municipal Engineer and the approving
authority and approved as part of subdivision, site plan or variance
approvals when in conformance with the Standards for Soil Erosion
and Sediment Control. The Board may seek the assistance of the County
Soil Conservation District in the review of such plans.
F.
General design principles. Control measures shall
apply to all aspects of the proposed land disturbance and shall be
in operation during all stages of the disturbance activity. The following
principles shall apply to the soil erosion and sediment control plan:
(1)
Stripping of vegetation, grading or other soil
disturbance shall be done in a manner which will minimize soil erosion.
(2)
Whenever feasible, natural vegetation shall
be retained and protected.
(3)
The extent of the disturbed area and the duration
of its exposure shall be kept within practical limits.
(4)
Either temporary seeding, mulching or other
suitable stabilization measures shall be used to protect exposed critical
areas during construction or other land disturbances.
(5)
Drainage provisions shall accommodate increased
runoff resulting from modified soil and surface conditions during
and after development or land disturbance.
(6)
Water runoff shall be minimized and retained
on site wherever possible to facilitate groundwater recharge.
(7)
Sediment shall be retained on site.
(8)
Diversion, sediment basins and similar required
structures shall be installed prior to any on-site grading or land
disturbance and plans and schedules for their ultimate disposition
shall be provided.
G.
Maintenance. All necessary erosion and sediment control
measures installed under this section shall be adequately maintained
for one year after completion of the approved plan or until such measures
are permanently stabilized as determined by the Municipal Engineer
or other agency granting certification, whichever is longer. The Municipal
Engineer shall give the applicant, upon the applicant's request, certification
of this determination.
H.
Exemptions. The following activities are specifically
exempt from the soil erosion and sediment control provisions:
(1)
Land disturbance associated with the construction
of a single-family dwelling unit unless such unit is a part of a proposed
subdivision, site plan, zoning variance or building permit application
involving two or more such single-family dwelling units.
(2)
Land disturbance of 5,000 square feet or less
of the surface area of land for the accommodation of construction
for which the Standard Building Code of the State of New Jersey would
require a building permit.
(3)
Percolation tests and/or soil borings.
[Amended 8-10-2006 by Ord. No. 2006-22]
A.
Findings/purpose. The Mayor and the Township Council
find that the unregulated and uncontrolled moving of soil to and from
lands within the Township has the potential to result in conditions
detrimental to the health, safety and general welfare of the Township
and its residents and that such unregulated and uncontrolled movement
of soil to and from lands located within the Township has created
in the past and will create in the future one or more of the following
conditions: soil erosion by water and wind; inadequate and improper
surface water drainage; a decrease in soil fertility; siltation of
streams; the removal of lateral support abutting streets, lands and
premises; the creation of excessive amounts of dust and mosquito breeding
places; the deposit on Township streets of large quantities of dust,
mud or dirt; the creation of dangerous depressions or pits; deterioration
of property values; the rendering of lands unfit or unsuitable for
their most appropriate uses; and the creation of other conditions
hampering and deterring the coordinated and adjusted and harmonious
development of the Township.
B.
APPLICANT
CLEAN FILL
EXCAVATOR
MOVE
PERMIT
PREMISES
SOIL
TOPSOIL
(1)
(a)
(b)
(2)
Definitions. For the purposes of this section, except
as the context may otherwise require, the words used in this section
shall mean and include the following:
The owner or contract purchaser of land upon which earthwork
activities are to take place.
Clean fill shall be constructed of soil or rock materials
or a combination of these materials meeting the following gradation.
These materials shall be free from stumps, roots, weeds, sod, rubbish,
garbage, and any other material that may decay. Clean fill shall also
be free of any chemical or physical contamination in accordance with
NJDEP guidelines.
|
Sieve Size
|
Percentage by Weight Passing
| |
|---|---|---|
|
2 inch
|
100%
| |
|
3/4 inch
|
70% to 100%
| |
|
No. 4
|
30% to 90%
| |
|
No. 50
|
10% to 35%
| |
|
No. 200
|
0% to 12%
|
Any person engaged in the moving, removal or excavation of
soil or topsoil from, in or upon any land in the Township.
To dig, excavate, remove, deposit, place, fill, grade, regrade,
level or otherwise alter or change the location or contour.
A soil removal or fill permit issued under the terms of this
section.
One or more contiguous parcels of land in single ownership.
Parcels shall not be deemed to be contiguous if separated by a road,
railroad, right-of-way, brook, stream or other natural division.
Any earth, sand, clay, loam, gravel, humus, rock or dirt,
and mixtures of any of them.
Soil that, in its natural state, constitutes
the top layer of earth and is composed of 2.75% or more, by weight,
of organic matter and has the ability to readily support vegetation.
Topsoil shall not contain stones, lumps, roots, or similar objects
larger than 1/2 inch in any dimension and shall have not less than
a 5.8 pH value. The gradation of the topsoil shall be within the following,
using the Bouyoucos Hydrometer Analysis conforming to AASHTO T 88:
Not more than 20% of the material submitted
from an off-site sample shall be retained on a No. 10 sieve.
Retention of material.
|
Material
|
Percentage
| |
|---|---|---|
|
Sand (80 mils to 2 mils)
|
40% to 80%
| |
|
Silt (2 mils to 0.2 mils)
|
0% to 30%
| |
|
Clay (0.2 mils and smaller)
|
15% to 30%
| |
|
Material outside these ranges is not suitable
for use as topsoil.
| ||
C.
Application requirements.
(1)
Prior to the digging, excavation, disturbance,
or transportation of any soil on any premises in the Township for
use other than on the premises from which it is being taken, or prior
to the filling of any property or properties within the Township,
an application shall be made by the owner or authorized agent to the
office of the Township Engineer for a soil removal or fill permit
on the officially designated form. This requirement to obtain a permit
applies to all construction, including all buildings, roadways, driveways,
retaining walls, all other construction which requires soil removal
or filling with soil, and for restoration and restabilization of all
areas of any site in which grading, soil removal or adjacent construction
activity has taken place. All properties filled shall be filled with
clean fill or topsoil as defined in this section.
(2)
The application shall be submitted to the Township
as follows:
(a)
If the soil removal or filling is necessary
for the development of a project which has been granted approval by
the Planning Board or the Board of Adjustment, an application shall
be made to the Township Engineer.
(b)
If the soil removal or filling is necessary
for the development of a project which has not been granted approval
by the Planning Board or the Board of Adjustment, then an application
shall be made to the Planning Board.
(c)
The requirements of this section shall not apply
when both of the following circumstances are present:
D.
Information required for application.
(1)
The application shall be filed on a form supplied
by the Township Engineer and shall provide the following information:
(a)
Owner, applicant and contractor name, address
and telephone numbers.
(b)
The name, address and telephone number of the
person(s) responsible for the work of removing the soil or filling.
(c)
Address and block/lot designations of all property(ies)
from which soil removal is to take place and/or at which filling is
to take place.
(d)
Narrative statement concerning the purpose of
application.
(e)
Name of project(s), if any.
(f)
The destination of the soil to be removed from the site. If the destination is not listed in Subsection D(1)(c) above and the destination is within the Township, the street address, Tax Map block/lot designation, and other information which identifies the location are required.
(g)
A detailed description of the entire route within
the Township to and from the proposed site(s) to be used in transporting
soil removed or soil used for fill. Where the approval from the reviewing
office expressly designates a route, no deviations from this route
will be permitted unless authorized by the Township Engineer or the
Planning Board.
(h)
An estimate in cubic yards of the quantity of
soil to be removed, broken down into two figures, topsoil and total,
or an estimate in cubic yards of the quantity of soil to be installed
as fill broken down into two figures, topsoil and total.
(i)
All information on the fill material as required
by the definition of "clean fill" in this section. The data shall
be submitted and approved by the Township Engineer prior to the start
of work. Only material data from a legally certified testing laboratory
shall be considered and should include soil borings, gradation, composition,
proctor values and any other information required by the Township.
(j)
Start of work date, approximate project duration,
and completion date.
(k)
All necessary outside agency permits or authorization
required for the project.
(l)
Application fees as specified elsewhere in this
section.
(2)
For each application for soil removal or filling,
a survey or plan signed and sealed by a professional engineer licensed
to practice in the State of New Jersey is required. Said plan shall
contain the following:
(a)
The plan shall be drawn to a minimum scale of
one inch to 100 feet for soil removal and a scale of one inch to 50
feet for filling.
(b)
The dimensions of the property(ies) where the
activity is to take place, and the lot and block number of the property
and of each lot surrounding the land within 200 feet as shown on the
current Tax Map of the Township.
(c)
All existing and proposed structures, easements,
floodplains, wetlands, stream encroachment areas and other designations
on the property which may restrict activities on part of the property,
and all elevations of same.
(d)
All existing treelines, limit of disturbance
lines, and all tree removal and tree replacement information as specified
elsewhere in this chapter.
(e)
Areas of disturbance and limits of soil erosion
control measures shall be clearly delineated.
(f)
Existing and proposed contours and grades as
required by the Township Engineer, and for soil removal, the present
grade on a fifty-foot grid layout with contour lines at one-foot levels
up to and including 20 acres or, for more than 20 acres, one-hundred-foot
grids with contour lines at two-foot levels. Additionally, the grades
of all abutting streets and lands around the outer boundaries of the
site shall be provided.
(g)
The quantity, in cubic yards, of soil to be
removed or fill material to be installed.
(h)
The average depth of topsoil in existing condition
as determined by taking borings in the approximate center of each
one-hundred-foot grid.
(i)
The demonstration of positive drainage flow
with grades a minimum of 1.5% and swales to convey runoff, and the
areas where runoff is to be discharged (streams, water bodies, watercourses,
natural or artificial).
(j)
Proposed slopes and lateral supports at the
limits of the area upon completion of the proposed work.
(k)
Information on retaining walls as further required by § 220-35D(24) and other applicable sections.
(l)
Measures for the prevention of soil erosion
and sediment control during construction until soil is stabilized.
The applicant shall comply with all Freehold Soil Conservation District
requirements.
(m)
Methods of final soil stabilization and description
of ground cover, plantings, vegetation, and landscaping. Residential
properties shall receive a minimum of four inches of topsoil on all
disturbed areas. Nonresidential properties shall receive a minimum
of six inches on all disturbed areas.
(n)
The applicant shall furnish any other pertinent
data the Township Engineer may require after examination of the proposed
project, including site inspection. If the soil removal or fill is
for the development of an approved subdivision or site plan by the
Planning Board or the Board of Adjustment, the above-referenced requirements
may be met by the submission of the approved development plans, subject
to final determination by the Township Engineer.
E.
Application fees, inspection fees and performance
guaranties.
(1)
Application fees.
(a)
In the event the application is reviewed in
the Township Engineer's office, the application shall be accompanied
by the fee indicated on the application form.
(b)
In the event the application must be brought
to the Planning Board, the application shall be accompanied by a fee,
which shall be paid to the Township according to the Planning Board
fee schedule.
(c)
Renewal application shall be as indicated on
the application form.
(d)
If a soil removal or fill permit is denied,
no refund of fees shall be permitted.
(2)
Inspection fund. There shall be an inspection
fund established to cover the cost of inspection and enforcement of
the provisions of this section, based upon the total number of cubic
yards to be removed or installed, as determined by the Township Engineer.
(3)
Performance bond:
(a)
Posting amount. No soil removal or fill permit
will be issued until the applicant has posted with the Township a
performance bond to cover damage to Township roadways in a form and
with a surety that is acceptable to the Township and in an amount
as follows: The bond amount shall be $15,000 for up to the first mile
of the haul route along Township roads which is along the frontage
of all properties from which soil removal and/or filling is to take
place; $25,000 per mile or part thereof after the first mile of haul
route for projects which have more than one mile of frontage along
Township roads of all properties from which soil removal and/or filling
is to take place.
(b)
The performance bond will be conditioned upon
the full and faithful performance by the applicant and principal,
within the time specified in the application, of all the proposed
work in accordance with the provisions of this section and of the
soil removal or fill permit issued pursuant thereto.
(c)
The condition of the performance guaranty shall be that the permittee has properly completed its soil removal and/or fill work and that pavement stability, maintenance, cleaning, traffic direction, when required, and utility protection in conjunction with the removal or fill activity at the site and haul route has been maintained. The guaranty shall be posted in the amounts specified in Subsection E(3)(a) above for the duration of the haul cycle for removal of the soil or filling, whichever is longer. Upon completion or abandonment of the work, the Township Engineer shall inspect the site and haul route and render a written report to the Township regarding the performance guaranty status. Any reduction or release of the performance guaranty shall be authorized by resolution of the Township Council.
(d)
Renewal. If the applicant shall fail to fill
or remove the amount of soil estimated in the original application
within the period of one year, he shall be required to submit an application
for renewal and pay the fees applicable to the renewal application
prior to the approval of same application for renewal. Renewal is
also contingent upon renewal of the bond as required in this subsection.
F.
Regulations.
(1)
To ensure conformity to the requirements of
this section, inspections shall be made by the Township Engineer or
his authorized and qualified agent upon the lands on which the soil
moving or filling operations are being conducted for the entire duration
of the soil moving or filling operations.
(2)
Copies of the soil removal or fill permit shall
be posted on all premises affected thereby, and any person or entity
engaged in the transportation of soil to or from any site in Marlboro
Township shall produce a copy of said permit upon request from any
officer, agent or employee of the Township authorized to enforce this
section. Failure to produce this documentation on request shall constitute
adequate cause for issuance of a stop-work order.
(3)
Sectioning of land under permit. The applicant
shall be required to section the property which is the subject of
the permit into areas of not more than five acres for soil removal,
and not more than 10 acres for filling, and to schedule the work of
soil removal or filling so that the operation conducted in one section
is completed and at final grade before work is commenced in any other
section of the premises.
(4)
Removal of a bank. Complete removal of a bank.
If the application for a soil removal permit involves the complete
removal of a bank which extends above the elevation of the surrounding
lands or above the elevation of a public road or street adjacent to
the land where the removal project is to take place, the moving or
removal shall be so conducted as to leave the final grade of the land
or lot from which the bank is to be removed at a grade that will not
create a hazardous condition for the surrounding lands or a public
road or street. Wherever practical, the final grade shall not be lower
than the grade of the surrounding lands or of a public road or street,
and the final grade shall be established and maintained at a minimum
of 1 1/2% to ensure proper drainage. In addition, no slope shall
exceed the grade of 33%.
(5)
In the course of filling with soil, placement
and compaction with fill materials shall be accordance with current
NJDOT Standard Specifications. Fill shall not be placed over topsoil,
but areas of embankment shall be stripped prior to fill placement.
Fill materials shall be placed in layers not more than 12 inches thick,
loose measurement; and compacted as specified below. Completed in
place embankment shall be compacted to a density of not less than
95% of the established reference maximum density. A minimum of two
field density tests shall be taken according to AASHTO T 191, AASHTO
T 205, or AASHTO T 238-Method B and AASHTO 239 on each compacted layer
or as directed by the Township Engineer. Only one of the referenced
methods shall be used on the project.
(6)
Topsoil.
(a)
Replacement of topsoil. Whenever any owner,
developer or excavator removes or fills property in the Township,
provision shall be made for the replacement of topsoil within the
boundary lines of the property. Except as hereinafter provided, all
topsoil shall be uniformly replaced over the entire area or surface
of the land, less newly developed areas, on or before the completion
date set forth in the soil removal or fill permit. The final grade
of the replaced topsoil shall conform to the proposed final grades
shown on the topographical map. Topsoil shall be compacted and stabilized
in accordance with appropriate Freehold Soil Conservation District
provisions.
(b)
In the event that the topsoil so stored does
not meet the definition of "topsoil" as defined herein, then the owner
or developer shall bring to the site topsoil that does conform to
the definition. The replaced soil shall meet all other requirements
of this section.
(c)
The applicant shall submit additional testing
and sampling as directed by the Township Engineer to ensure compliance
to these provisions.
(7)
In the course of filling or soil removal operations,
the owner or person in charge shall conduct the operations so that
there will be no interruption of natural drainage and so that the
area will be properly leveled off, cleared of debris and graded to
conform to the contour lines and grades as approved by the Township
Engineer. The conduct of the operation shall be under the observation
and control of the Township Engineer, who will make periodic inspections
to determine that there is no deviation from the information and requirements
of the application as approved.
(8)
Every fill and soil removal project shall be
conducted and completed in a manner which will eliminate any conditions
hazardous to the public who may have access to the property or the
health, safety or welfare of the Township. No boulders, tree stumps
and other debris shall be buried with fill but shall be legally removed
from the site.
(9)
No fill or excavating operation is to be conducted
except between the hours of 8:00 a.m. and 5:00 p.m. on weekdays (Monday
to Friday) only.
(10)
No person shall permit the accumulation of dirt,
rubble or debris on any roadway within the Township as a result of
soil removal, fill or trucking of soil to/from any site in the Township.
(11)
The excavating or filling operation shall be
conducted so that the noise from trucks or equipment will not be a
source of annoyance or discomfort to any residents of the Township.
The applicant shall comply with provisions of § 220-40(4).
(12)
Every truckload of material shall be properly
trimmed and shall have no material protrude more than 12 inches above
the sides or rear of the truck at the peak or highest point of each
load. Every hauler shall be responsible to ensure that sand, dirt
or dust does not blow from their truck within the Township. All loads
shall be covered.
(13)
A minimum of 48 hours' notice to the Township
Engineer's office shall be required for all work under this section.
Failure of proper notice may result in rework, nonacceptance of the
work and/or penalties imposed as outlined in this section.
(14)
Transportation of soil. A person who transports over the streets, roads or highways in the Township soil removed from or transported to land or premises pursuant to a soil removal or fill permit shall daily sweep, pick up and remove or cause to be swept, picked up and removed all dust, dirt and mud from roads, streets or highways and shall apply or cause to be applied to the roads, streets or highways a dust preventive whenever deemed necessary by the Township Engineer. If a permit holder neglects or refuses to sweep, pick up and remove any dust, dirt and mud or to apply a dust preventive when required, the Township Engineer is authorized to suspend the permit for a period of not less than three days or may revoke the permit after notification, in writing, by an authorized officer, agent or employee of the Township to the holder of the permit. If revoked, no soil removal permit or fill permit shall again be issued unless application is made as required by Subsection C.
G.
Enforcement.
(1)
Engineer. The Township Engineer shall enforce
the provisions of this section, including but not limited to those
violations arising out of the failure of any person or entity to apply
for and obtain a soil removal or disturbance permit. He shall, from
time to time, upon his own initiative, or whenever directed by the
Township, inspect the premises for which permits have been granted
to ensure compliance with the terms of the permit and of this section.
He shall report all violations to the Township and take any action
deemed necessary for proper enforcement.
(2)
In addition to the above, any law enforcement
or code enforcement officer, agent or employee of the Township shall
have the right to enter any land where soil removal operations are
being conducted in order to examine and inspect the land and the operations
and enforce the provisions of this section.
H.
Revocation of permit; violations and penalties. After
notice and an opportunity to be heard before the Township Engineer,
the permit of any person may be revoked or suspended for such period
as the Township Engineer may determine for any violation of the terms
hereof or the terms and conditions of any permit granted hereunder.
In addition to action on the bond required or the revocation provided
for herein, any person who violates this section or any director or
officer of a corporation who participates in a violation of this section
shall, upon conviction thereof, be subject to a maximum fine of $2,500
or imprisonment for a period not to exceed 90 days, or both. Each
and every day that such violation continues or exists shall be considered
a separate and specific violation of these provisions and not as a
continuing offense.
A.
Major and minor developments shall be served by paved
public streets with an all-weather base and pavement with an adequate
crown. The arrangement of streets not shown on the Master Plan or
Official Map shall be such as to provide for the appropriate extension
of existing streets.
B.
Minor collector and local streets shall be so designed
as to discourage through traffic.
C.
In all residential zones, as to all major developments
bounding upon any freeway, primary arterial, secondary arterial or
major collector street, that portion of the development fronting on
said right-of-way to a depth of 75 feet therefrom and for the full
length of the development shall be conveyed to the Township for public
use, to promote public safety and maintain open spaces and a rural
atmosphere. No driveways shall enter onto freeways, primary arterial,
secondary arterial or major collector streets. The developer is required
to landscape the seventy-five-foot strip unless the approving authority
agrees that the existing natural plant and tree growth is adequate.
Landscaping plans shall be prepared by a professional landscape architect,
a professional landscaper or one who commonly prepares landscaping
plans. Each such person shall affix his name, title, address and signature
to such plans.
D.
In all major and minor developments, the minimum street
right-of-way shall be measured from the lot line and shall be in accordance
with the following schedule:
|
Chart I
| ||||||
|---|---|---|---|---|---|---|
|
Minimum Street Right-of-Way Schedule
| ||||||
|
Minor
|
Major
| |||||
|
Local
|
Collector
|
Collector
|
Arterial
| |||
|
Nominal traffic capacity (ADT)
|
300
|
2,500
|
10,000
|
—2
| ||
|
Minimal right-of-way width (feet)
|
60
|
60
|
80
|
100
| ||
|
Minimum sidewalk easement required (feet, each
side)6
|
10
|
10
|
10
|
—2
| ||
|
Paving width (feet)
| ||||||
|
Two-way
|
36
|
44
|
48
|
—2
| ||
|
One-way
|
24
| |||||
|
Shoulder width (feet)1
|
10
|
—2
| ||||
|
Design speed (mph)3
|
40
|
50
|
60
|
60
| ||
|
Minimum radius of horizontal curvature at center
line (feet)
|
300
|
800
|
2,000
|
2,000
| ||
|
Minimum tangent between reverse curves (feet)
|
200
|
4004
|
6004
|
—2
| ||
|
Maximum longitudinal grade
|
8%
|
5%
|
4%
|
4%
| ||
|
Minimum longitudinal grade
| ||||||
|
Desirable
|
1%
|
1%
|
1%
|
1%
| ||
|
Absolute
|
0.5%
|
0.5%
|
0.5%
|
0.5%
| ||
|
Maximum intersection grade for 200 feet from
each side of intersection
|
4%
|
3%
| ||||
|
Minimum curb return radius at intersection (feet)
|
25
|
35
|
45
|
45
| ||
|
Vertical curve5
|
Based on stopping sight distance at design speed.
| |||||
|
Crest: minimum length, 200 feet
| ||||||
|
Sag: minimum length, 200 feet
|
Based on headlight illumination and stopping
sight distance at design speed.
| |||||
|
Maximum superelevation
|
Not required
|
6%
|
6%
|
6%
| ||
|
Pavement cross-slope minimum
|
2%
|
2%
|
1 1/2%
|
—2
| ||
|
Pavement cross-slope maximum 6
|
4%
|
4%
|
3%
|
—2
| ||
|
Curb face required (inches)
|
6
|
8
|
8
|
—2
| ||
|
NOTES:
| ||
|---|---|---|
|
1
|
Shoulders or parking areas as required may be
of reduced structural design.
| |
|
2
|
To be individually designed based on traffic
projections and AASHTO design standards. Design to meet at least major
collector standards.
| |
|
3
|
For sight distance and vertical curve calculations
only.
| |
|
4
|
Or as required to run out superelevation (1%
per second of travel at design speed).
| |
|
5
|
Not required if algebraic difference of intersecting
grades does not exceed 1%.
| |
|
6
|
Except in superelevation areas.
| |
E.
No minor or major development showing reserve strips
controlling access to streets or another area, either developed or
undeveloped, shall be approved except where the control and disposal
of land comprising such strips has been placed with the governing
body under conditions approved by the approving authority.
F.
In the event that a minor or major development adjoins
or includes existing Township streets that do not conform to widths
as shown on the Master Plan or Official Map or the street width requirements
of this chapter, additional land along either or both sides of said
street or road sufficient to conform to the right-of-way requirements
shall be dedicated to the Township for the location, installation,
repair and maintenance of streets, drainage facilities, sewage facilities,
utilities and other facilities customarily located on street rights-of-way
and shall be expressed on the plat as follows: "Street right-of-way
easement granted to the Township of Marlboro permitting the Township
to enter upon these lands for the purposes provided for and expressed
in the Development Regulations Ordinance of the Township of Marlboro."
This statement on an approved plat shall in no way reduce the developer's
responsibility to provide, install, repair or maintain the facilities
in the area dedicated by ordinance and/or shown on the plat and/or
as provided for by maintenance or performance guaranty. If the development
is along one side only, 1/2 of the required extra width shall be dedicated.
For a major development, that portion of the existing street or road
adjoining or included within a development shall be improved, including
excavation, grading, gravel base and surfacing, in accordance with
the road improvement standards of this chapter.
G.
Longitudinal grades of arterial and collector streets
shall not exceed 4%. Longitudinal grades on other streets shall not
exceed 10%. No street shall have a longitudinal grade of less than
1/2 of 1%.
H.
Street intersections shall be as nearly at right angles
as is possible, and in no case shall be less than 60°. No more
than two streets shall meet or intersect at any one point, and the
center lines of both intersecting streets shall pass through a common
point. Measuring from this common point, two intersections shall be
spaced a sufficient distance to permit a minimum of two lots between
the two street rights-of-way. Any development abutting an existing
street classified as a primary or secondary arterial or major collector
shall be permitted only one new street connecting with the existing
street except where large frontages are present, in which case streets
shall not intersect with the same side of the existing street at intervals
of less than 800 feet. The block corners at intersections shall be
rounded at the curbline with a curve having a radius of not less than
the following, with the street having the highest radius requirement
determining the minimum standard of all curblines: primary and secondary
arterials, 40 feet; major and minor collectors, 35 feet; and local
streets, 30 feet.
I.
For both major and minor developments, sight triangle easements shall be required at all intersections in addition to the right-of-way width outlined above and in accordance with requirements and dimensions covered in § 220-179, Sight triangles. Such easement dedication shall be expressed on the plat as follows: "Sight triangle easement to which the indicated area is hereby subject are the conditions as provided in the Development Regulations Ordinance of the Township of Marlboro."
J.
Street jogs with center-line offsets of less than
150 feet shall be prohibited.
K.
A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets. When connecting
street lines deflect from each other at any one point by more than
10°, they shall be connected by a curve with a radius conforming
to standard engineering practice.
L.
All changes in grade where the algebraic difference
in grade is 1% or greater shall be connected by vertical curves of
sufficient radius to provide a smooth transition and proper sight
distance. Sight distance shall be at least three 350 feet for a local
street, 500 feet for a collector street and 800 feet for an arterial
street.
M.
Dead-end streets.
(1)
Dead-end streets (culs-de-sac) of a permanent
nature, where provision for the future extension of the street to
the boundary of the adjoining property is impossible or impractical,
or of a temporary nature, where provision is made for the future extension
of the street to the boundary line of adjoining property, shall provide
a turnaround at the end with a radius of 55 feet on the curbline plus
a utility and planting strip width of seven feet around the entire
cul-de-sac. The center point for the radius shall be offset to the
left, as entering, such that the radius becomes tangent to the right
curbline.
[Amended 9-10-1987 by Ord. No. 32-87]
(2)
If a dead-end street is of a temporary nature,
provisions shall be made for removal of the turnaround and reversion
of the excess right-of-way to the adjoining properties when the street
is extended.
N.
No street shall have a name which will duplicate or
so nearly duplicate in spelling or phonetic sound as to be confused
with the names of existing streets. The continuation of an existing
street shall have the same name.
O.
Construction.
(1)
Streets shall be constructed in accordance with
the following schedule and specifications:
|
Chart II
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|---|---|---|---|---|---|
|
Street Construction Schedule and Specifications
| |||||
|
For Primary and Secondary Arterial and Major
Collector Streets
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|
Pavement
|
Course
|
Type
|
Minimum Compacted Thickness
(inches)
|
Cross-Slope
(percent)
| |
|
Traffic lane
|
Subbase
|
Compacted soil
|
2%
| ||
|
Base
|
Bituminous stabilized base course
|
5
|
2%
| ||
|
Surface
|
Bituminous concrete (FABC)
|
2
|
2%
| ||
|
Shoulders
|
Subbase
|
Soil aggregate Type V, Class A
|
3 1/2
|
3%
| |
|
Base
|
Bituminous stabilized base course
|
2 1/2
|
3%
| ||
|
Surface
|
Bituminous concrete (FABC)
|
2
|
3%
| ||
|
+
|
Defines cross-sectional slope of pavement surface
toward curb or pavement edge.
|
|
For Minor Collector, Local and Rural Streets
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|---|---|---|---|---|---|
|
Pavement
|
Course
|
Type
|
Compacted Thickness
|
Cross-Slopes
| |
|
All (traffic)
|
Subbase
|
Compacted soils
|
2% 10 feet from center line, 3% balance
| ||
|
Base
|
Bituminous stabilized base course
|
5
|
2% 10 feet from center line, 3% balance
| ||
|
Surface
|
Bituminous concrete (FABC)
|
2
|
2% 10 feet from center line, 3% on balance
| ||
(2)
The various pavement course shall be constructed
in accordance with the following specifications:
(a)
Bituminous stabilized base course shall be plantmixed
and shall be constructed in layers of not more than 2 1/2 inches
compacted thickness and shall be prepared and constructed in accordance
with Division 3, Section 2A, of the New Jersey State Highway Department
Standard Specifications for Road and Bridge Construction (1961), and
amendments and supplements thereto; subbase material shall consist
of either natural soil which may be found at the sources and placed
up to the subgrade elevation, which, in any event, shall possess good
vertical drainage characteristics, shall be free of large masses of
clay and shall be capable of being suitably compacted and stabilized
prior to placement of the base course, or soil aggregate Type V, Class
A, as specified in Division 8, Section 8, of the aforesaid specifications,
which shall be placed, compacted and graded to the required thickness
and shall be constructed in accordance with Division 3, Section 10,
of the aforesaid specifications.
(b)
Where the Township Engineer determines that
the subbase conditions of proposed streets are wet, springy or of
such nature that surfacing would be inadvisable without first stabilizing
the subbase, the stabilization of the subbase shall be made in the
following manner. The street shall be excavated to a depth that shall
be a minimum of 13 inches below the proposed finished grade. Where
required by the Township Engineer, a system of porous concrete pipe
subsurface drains shall be constructed beneath the surface of the
road and connected to a suitable drain. Subbase material consisting
of soil aggregate Type 1, Class A, B or C, or Type V, Class A, as
specified in Division 8, Section 8, of the New Jersey State Highway
Department Standard Specifications for Road and Bridge Construction
(1961), and amendments and supplements thereto, or bank-run sand and
gravel containing not more than 1/2 of 1% of elutriable clay, shall
be placed a minimum of six inches thick under the proposed pavement.
After the subbase material has been properly placed and compacted,
the street pavement as described heretofore shall be constructed thereon.
P.
In all developments subject to Subsection C above or the cluster development provisions, the approving authority may require paved bike paths within the seventy-five-foot-wide dedicated land strip along existing streets, in accordance with the considerations and requirements covered in § 220-142, Bikeways.
A.
The location of the street signs shall be approved
by the Planning Board.
B.
All signs shall be installed free of visual obstruction.
C.
All material shall be new and unweathered. Material
shall be of domestic origin and processed in United States mills.
D.
Extruded alloy shall be 6063-T6 or 6063-T5 as per
Bureau of Public Roads and state specifications.
E.
Material shall be strain-hardened and then stabilized.
It shall be free of burrs, pits, blemishes and present a smooth, flat
surface.
F.
All material shall be etched, degreased and treated
with a chemical conversion process such as Alodine 1200 or equivalent
and ready for application of Scotchlite without further processing.
G.
Letters shall be four-inch high-intensity letters.
Private, permanent residential swimming pools
shall adhere to the following standards in addition to the swimming
pool regulations:[1]
A.
No pool or wading pool shall be constructed or installed
on any lot unless said lot shall contain a residential building. All
pools shall meet the yard requirements for accessory buildings in
the district in which such pool is located, except that if located
in the front yard, the pool shall be set back twice the distance from
the street line than is required for principal building.
B.
A pool and associated accessories shall occupy no
more than the equivalent of 75% of the yard area in which they are
located.
Nothing in this chapter shall prevent local,
temporary civic activities such as fairs and carnivals from being
conducted in any zone, provided they are limited in duration to a
maximum of two weeks.
No trailer, auto trailer, mobile home, trailer
coach, travel trailer or camper shall be used for dwelling purposes
or as sleeping quarters for one or more persons or for the permanent
conduct of any business, profession, occupation or trade, except that
such facilities may be used for temporary residency as the temporary
replacement of a damaged dwelling unit and for temporary use as a
construction office located on a site during active construction,
provided a temporary permit for a specified interval has been issued
for its use by the Building Inspector. This section shall not be construed
so as to prohibit the parking or storage of trailers and campers on
private premises.
Any parcel of land which does not meet the minimum lot size requirements prescribed for a lot in the zone in which such lot is located and which is not under common ownership with adjacent lands and which parcel existed as a lot on the date of this chapter may be used as a lot for any purpose permitted in the zone, provided that the width of each side yard and the width of the rear yard must equal or exceed 20% or 12 1/2%, respectively, of the width of the lot for main buildings or structures and 12 1/2% of the width of the lot for side and rear setback lines for accessory buildings, and in no case shall any main or accessory building or structure or part thereof be less than 15 feet from any property line, and provided further that all other regulations prescribed for the zone by this chapter are complied with. See § 220-141, Area requirements.
[Amended 1-3-2019 by Ord.
No. 2018-23]
All such installations shall be properly connected with an approved
system and shall be adequate to handle all present and probable future
development. No sump pump outlets, roof leaders or drainage outlets
shall be installed on any lot where the piping or discharge for the
same is directed to the gutter of any public street within the Township.
No sump pump outlets, roof leaders or drainage outlets shall be installed
on any lot where the piping or discharge in such a manner as to cause
the discharge to pond or puddle on the public sidewalk, rights-of-way
or streets.
A.
No open space provided around any principal building
for the purposes of complying with the front, side, rear or other
yard provisions of this chapter shall be considered as providing the
yard provisions for another principal building.
B.
Front yards shall be measured from the street line
as defined in this chapter. On a through lot, the rear yard depth
shall not be less than the required depth of the front yard in the
district in which said lot or applicable portion of the lot is located.
