Township of Neptune, NJ Article V PERFORMANCE AND DESIGN STANDARDS

§ LDO-500 PURPOSE.

[Ord. No. 00-40, 7-24-2000]

A. To set forth guidelines and standards that promote the creation of functional and attractive development that shall promote and give due consideration to the health, safety, general welfare, morals, order, efficiency, economy, maintenance of property values and character of the Township.

B. To ensure that any development shall comply with the Master Plan, zoning plan and other overall or district plans of the Township and this Chapter.

C. To provide guidelines and standards that shall be used by an applicant in preparing a development plan, and the Board in reviewing the same. In reviewing a development plan, the Board shall establish findings as to whether or not, and to what degree, an application for development meets such guidelines and standards. Based upon its review of the development plan and the degree to which such findings of compliance are established, the Board may approve, conditionally approve, request modifications or deny approval of the application for development.

D. To minimize adverse impacts of flooding, drainage, erosion, vehicular traffic, pedestrian movement, parking, vibration, lighting and glare, noise, odor, solid waste disposal, litter, ventilation, vibration, crime and vandalism and inappropriate design and development.

E. To ensure that any new development gives due consideration to the physical, visual and spatial characteristics of the existing streetscape, neighborhood and district in which such is located and the Township generally.

F. To ensure that the physical, visual and spatial characteristics of any proposed development shall not be so markedly incongruous with the same characteristics of the existing streetscape, neighborhood and district in which such is located, and the Township generally, so as to materially detract from the real property value of adjacent or nearby properties.

§ LDO-501 EXCEPTIONS.

[Ord. No. 00-40, 7-24-2000]

The design guidelines and standards described in this Article shall be used as the Township's presumptive minimum requirements for subdivision and site plan development and as criteria for evaluating the plan and design of such development plans. However, the guidelines and standards are not intended to restrict creativity, and an applicant may request that the guidelines and standards be modified or waived. To gain approval of such modification or waiver, the applicant shall demonstrate to the Board the criteria for exceptions pursuant to N.J.S.A. 40:55D-51, which shall include a showing that the resulting change will:

A. Generally satisfy the purpose of this Article;

B. Be designed in accordance with the Township's normally acceptable engineering, planning and/or architectural practices;

C. Not have an adverse impact on the physical, visual or spatial characteristics of the overall development plan for the tract to be developed;

D. Generally enhance the overall development plan for the tract;

E. Not have an adverse impact on the physical, visual or spatial characteristics of the existing streetscape, neighborhood and district in which such development is located or the Township, generally;

F. Generally enhance the streetscape and neighborhood in which it is located;

G. Not reduce the useful life or increase the cost of maintenance of the improvement to be modified or otherwise have an adverse impact on the long-term function of the development;

H. Not materially detract from the real property value of the development or adjacent or nearby properties;

§ LDO-502 ARCHITECTURAL DESIGN STANDARDS.

[Ord. No. 00-40, 7-24-2000]

A. Applicability. This Article shall apply to all site plan applications.

B. Design standards. The following standards shall be used to prepare and review the architectural design of all buildings and structures in a development plan. Where a development plan involves an existing building or a site upon which an existing building is located, the existing building shall be repaired, renovated and restored to comply with this Article.

1. Massing.

(a) Except for buildings in planned commercial development, no building shall be permitted to have a total measurement greater than 150 feet in length along any wall, roof or footprint plane. Building wall offsets, including both projections and recesses, shall be provided along any building wall measuring greater than 50 feet in length in order to provide architectural interest and variety to the massing of a building and relieve the negative visual effect of a single, long wall. The total measurement of such offsets shall equal a minimum of 10% of the building wall length. The maximum spacing between such offsets shall be 40 feet. The minimum projection or depth of any individual offset shall not be less than two feet. Roofline offsets shall be provided along any roof measuring longer than 75 feet in length in order to provide architectural interest and variety to the massing of a building and relieve the negative visual effect of a single, long roof.

(b) Planned commercial development. Buildings comprising planned commercial development shall be permitted to have a total measurement no greater than 650 feet in length along any wall, roof or footprint plane. Building wall offsets, including both projections and recesses, shall be provided along any building wall measuring greater than 100 feet in length in order to provide architectural interest and variety to the massing of a building and relieve the negative visual effect of a single, long wall. The total measurement of such offsets shall equal a minimum of 5% of the building wall length. The maximum spacing between such offsets shall be 75 feet. The minimum projection or depth of any individual offset shall not be less than 10 feet. Roofline offsets shall be provided along any roof measuring longer than 75 feet in length in order to provide architectural interest and variety to the massing of a building and relieve the negative visual effect of a single, long roof.

2. Horizontal courses. All visibly exposed sides of a building shall have an articulated base course and cornice the base course shall be traditionally proportionate to the overall horizontal and vertical dimensions of a facade and shall align with either the kickplate or sill level of the first story. The cornice shall terminate the top of a building wall, may project out horizontally from the vertical building wall plane and shall be ornamented with moldings, brackets and other details that shall be appropriate to the architectural style of a building. The middle section of a building may be horizontally divided at floor, lintel or sill levels with belt courses. Building courses shall be considered an integral part of the design of a building and shall be architecturally compatible with the style, materials, colors and details of the building.

3. Continuity of treatment. The architectural treatment of a facade or roof shall be completely continued around all visibly exposed sides of a building. All sides of a building shall be architecturally designed so as to be consistent with regard to style, materials, colors and details.

4. Roof. The type, shape, pitch, texture and color of a roof shall be considered as an integral part of the design of a building and shall be architecturally compatible with the style, materials, colors and details of such building. The minimum permitted roof pitch shall be eight on 12, and all gables on a building shall be of the same pitch. A flat roof may be permitted on a building of a minimum of two stories in height, provided that all visibly exposed walls shall have an articulated cornice that projects out horizontally from the vertical building wall plane. A mansard roof may be permitted, but only if such is located on the third story of a building, completely and integrally enclosing such story. Flat or mansard roofs shall be prohibited on all one-story buildings. Architectural embellishments that add visual interest to roofs, such as dormers, belvederes, masonry chimneys, cupolas, clock towers and such similar elements shall be permitted, provided that such are architecturally compatible with the style, materials, colors and details of the building.

5. Windows. Fenestration shall be architecturally compatible with the style, materials, colors and details of a building. Windows shall be vertically proportioned wherever possible the location of windows on the upper stories of a building shall be vertically aligned with the location of windows and doors on the ground level of such building. Permitted retail and personal service business uses located in business districts may have large pane display windows on the ground level, provided that such window shall be framed by the surrounding wall and shall not comprise greater than 75 of the total ground level facade area of such building. All other windows shall be double-hung or casement types. A building designed of an architectural style that normally has windows with muntins or divided lights shall utilize them. Such muntin or divided light grids may be the snap-on type, if fitted on the exterior of the window or between the glazing of the window units.

6. Entrances. All entrances to a building shall be defined and articulated by utilizing such elements as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, balustrades and other such elements, where appropriate. Any such element utilized shall be architecturally compatible with the style, materials, colors and details of such building.

7. Physical plant. All air-conditioning units, HVAC systems, exhaust pipes or stacks and elevator housing shall be shielded from view for a minimum distance of 500 feet from the site. Such shielding shall be accomplished by utilizing the walls or roof of the building or a penthouse-type screening device that shall be designed to be architecturally compatible with the style, materials, colors and details of such building.

8. Materials, colors and details. All materials, colors and details used on the exterior of a building shall be architecturally compatible with the style of such building, as well as with each other. A building designed of an architectural style that normally includes certain integral materials, colors and/or details shall have such incorporated into the design of such building. The number of different materials on exterior facades should be limited to three types.

9. Shutters. A building designed of an architectural style that normally includes shutters shall provide such on all windows on the front facade. If such building is located on a corner lot, shutters shall be provided on all windows of all facades fronting on a street.

10. Lighting. Light fixtures attached to the exterior of a building shall be designed to be architecturally compatible with the style, materials, colors and details of such building and other lighting fixtures used on the site. Consideration shall also be given to the type of light source utilized and the light quality such produces. The type of light source used on buildings, signs, parking areas, pedestrian walkways and other areas of a site shall be the same or compatible. The use of low-pressure sodium or mercury vapor lighting either attached to buildings or to light the exterior of buildings shall be prohibited.

11. Signage. Signs affixed to the exterior of a building shall be architecturally compatible with the style, materials, colors and details of the building and other signs used on the site. All signage affixed to a building shall conform to Article IV.

12. Awnings and canopies. The ground level of a building in a business district shall have awnings or canopies, where appropriate, to complement the architectural style of a building. Awnings may also be used on the upper levels of a building, where appropriate. The design of awnings shall be architecturally compatible with the style, materials, colors and details of such building. All signage on awnings or canopies shall conform to Article IV of this Chapter.

13. Multiple uses. A building with multiple storefronts or other multiple uses, no matter whether such uses are the same type of use or located on the same floor level, shall be unified through the use of architecturally compatible styles, materials, colors, details, awnings, signage, lighting fixtures and other design elements for all such storefronts or uses.

14. Corner buildings. A building on a corner lot shall be considered a more significant structure from an urban design standpoint since such building has at least two front facades visibly exposed to the street. Such building may be designed to have additional height and architectural embellishments relating to its location on a corner lot, if deemed appropriate by the Board.

15. Multiple buildings. A development plan that contains more than one building or structure shall be unified through the use of architecturally compatible styles, materials, colors, details, awnings, signage, lighting fixtures and other design elements for all such buildings or structures.

16. Additional guidance for applications for land development shall be provided by the following documents:

[Added 3-12-2007 by Ord. No. 07-11]

West Lake Avenue Improvement Area Architectural Design Guidelines (June 2002);

Shark River Waterfront Improvement Area Architectural Design Guidelines (May 2003);

Route 33/Corlies Avenue Improvement Corridor Architectural Design Guidelines (June 2003);

Route 66 Avenue Improvement Corridor Architectural Design Guidelines (July 2003); and

Ocean Grove Historic District Commercial Building Facade Architectural Design Guidelines (September 2003).

A copy of the listed documents shall be maintained on file in the Township Clerk's office and available for purchase by interested individuals.

C. Professional office district design standards. The following additional architectural design standards for professional offices shall apply:

1. Dormers should be used to visually break up large roof masses.

2. Windows should be double hung sash types with the glass area divided by horizontal and vertical muntins.

3. Exterior materials should be brick, stone, horizontal siding or wood shingle, or a combination of such materials.

D. Retail design standards. The following additional architectural design standards for retail uses shall apply:

1. Retail stores oriented towards a street or parking lot shall have a minimum of 50% of the first floor building facade that faces a street or parking lot consist of glass display windows.

2. Primary building entrances should be oriented towards the street.

3. Common concrete block shall not be used on any elevation visible from a public or private street. Where permitted, common concrete block shall be painted or otherwise finished.

4. In no instance shall a building elevation have a homogeneous facade without a variation in materials, textures or other design features.

E. Industrial and warehousing use design standards. The following additional architectural design standards for industrial uses shall apply:

1. Variation in the apparent height of the building shall be used to articulate its mass either through actual changes in roof height or through the use of varying parapet walls.

2. Vertical offsets at least two feet in depth shall be introduced for each 30% of building length.

3. The exterior facade should be designed with one dominant material. This material should be varied through the use of vertical and horizontal elements that create texture changes along building facades.

4. The front and two side elevations shall be constructed of brick, architectural concrete masonry units (i.e., split face block) or architectural precast concrete a minimum of 50% of the facade. Metal siding or panels shall be limited to no more than 50% of the facade. Where glass is used or required, the percentage of masonry or metal shall be correspondingly reduced. Common concrete block shall not be used on any elevation visible from a public street. Where permitted, common concrete block shall be painted or otherwise finished.

5. At least 20% of the front elevation of the building shall consist of glass window.

§ LDO-503 BUFFERING AND SCREENING.

[Ord. No. 00-40, 7-24-2000]

The following regulations shall be used to prepare and review buffering and screening for any site plan:

A. Residential uses and districts. Any residential use shall be suitably buffered and screened from all uses other than single-family dwellings in order to minimize the impacts of noise, glare, vibration, vehicular traffic, pedestrian activity and other potential nuisances. Unless otherwise provided in this Chapter, the width of buffering and height of screening shall be provided based on the type of use that is being buffered as follows:

Table 5.1: Required Buffers to Residential Uses
Type of Use/Subject Buffering and Screening Requirements	Width of Buffering (feet)	Height of Screening at the Time of Planting (feet)
Permitted residential uses other than single-family dwellings	10	6
Nonresidential uses	10	6
Light industrial and warehouse uses	20	10

B. Driveways and parking lots. All driveways and parking lots shall be suitably buffered and screened to minimize the impacts of noise, lighting and glare, exhaust fumes, views of parked vehicles and other nuisances. Buffering and screening shall minimize such impacts both from within the site itself, as well as from adjacent and nearby properties and public rights-of-way as follows:

1. Buffering shall consist of a minimum ten-foot-wide area surrounding all sides of a parking lot exposed to view.

2. Where such parking area is located on a tract adjacent to a residential use or district, such screening shall consist of a minimum six-foot-high visually impervious screen. The height of any required screen shall decrease to a maximum of three feet in height where driveways approach sidewalks or walkways, in order to provide adequate visibility of pedestrians from motor vehicles and police visibility into the lot.

C. Loading areas. All loading areas, including loading dock areas of buildings and driveways providing access to the same, shall be suitably buffered and screened to minimize the impacts of noise, loading and unloading activities, lighting and glare, exhaust fumes, views of loading and unloading vehicles and other nuisances. Buffering and screening shall minimize such impacts both from within the site itself, as well as from adjacent and nearby properties and public rights-of-way, as follows:

1. Buffering shall consist of a minimum ten-foot-wide area surrounding all sides of a loading area exposed to view. Where such loading area is located on a tract adjacent to a residential use or district, such buffering shall consist of a minimum twenty-five-foot-wide area surrounding all sides of a parking lot exposed to view.

2. Screening shall consist of a minimum ten-foot-high visually impervious screen. If such screen consists of a wall or fence, the buffer area between the wall or fence and the lot line shall be a minimum of 10 feet in width and shall also be extensively planted with both deciduous and evergreen trees.

D. HVAC equipment and utility service boxes. All ground level HVAC equipment and utility service boxes shall be suitably buffered and screened to minimize views of the same from both within the site itself, as well as from adjacent and nearby properties and public rights-of-way, as follows.

1. Buffering shall consist of a minimum three-foot-wide area surrounding all sides of HVAC equipment and utility storage boxes exposed to view.

2. Screening shall consist of a minimum four-foot-high evergreen hedge along all sides of the same.

§ LDO-504 CURB DESIGN STANDARDS.

[Ord. No. 00-40, 7-24-2000]

A. Applicability. This Article shall apply to all applications for development.

B. Design standards. The following standards shall be used to prepare and review any development plan that involves the construction of new curbs or repair of existing curbs.

1. Location. Curbs shall be designed to define the sides of streets, driveways, parking lots and loading areas.

2. Construction and repair specifications. All curbs shall meet the construction specifications as set forth in applicable Township ordinances or as approved by the Township Engineer. This shall also apply to recommendations by the Township Engineer regarding the maintenance, repair or upgrading of existing curbs located in that portion of the public right-of-way that directly abuts the tract to be developed.

3. Drainage. Curbs shall be designed to direct surface water runoff along, on and/or across paved surfaces to drainage facilities.

4. Handicapped ramps. Depressed curb ramps for the handicapped shall be installed at all locations where sidewalks, pedestrian crosswalks or walkways intersect any street, driveway or parking lot curb and shall be designed in accordance with the applicable laws and regulations of the State of New Jersey.

5. Planting strips. The area located between curbs and sidewalks or walkways shall be either planted with grass or another type of ground cover plant material. Planting strips located in the public right-of-way may be paved with bricks or other similar type decorative paving materials as specified by the Township Engineer. In no instance, however, shall a planting strip be permitted to be covered with asphalt or loose stones of any variety.

§ LDO-505 DRIVEWAY DESIGN STANDARDS.

[Ord. No. 00-40, 7-24-2000]

A. Applicability. This Article shall apply to all applications for development.

B. Design standards. The following standards shall be used to prepare and review any development plan that involves the construction of a new driveway or the expansion or repair of an existing driveway.

1. Lot access. Every use shall have driveway access to a street, except for historic zone districts. Such access shall be designed for the safety, control, efficient movement and convenience of motor vehicle traffic accessing the site, including service and emergency vehicles, and to promote safe, efficient and convenient traffic circulation generally within the Township.

2. Location. Driveways shall be located along the street line of a lot as follows:

(a) A driveway on a corner lot shall be set back a minimum of 40 feet from the intersecting lot lines at the corner.

(b) A driveway for a single-family dwelling shall be set back a minimum of three feet from a side lot line, unless such is a common driveway for dwelling units on adjacent lots. A driveway for uses other than single-family dwelling units shall be setback at least 10 feet from all property lines, excepting driveway intersections with public or private roadways.

3. Construction specifications. Driveways shall be paved with a minimum of four inches of compacted sub-base material and two inches of three-eighths-inch roadway stone or comparable material or to an alternate standard as approved by the Township Engineer.

4. Width. The width of driveways shall be based on the following:

[Amended 3-12-2007 by Ord. No. 07-11]

Table 5.2: Driveway Width Requirements
Land Use Type	One Way Traffic		Two Way Traffic
	Minimum Width (feet)	Maximum Width (feet)	Minimum Width (feet)	Maximum Width (feet)
Single- and two-family dwellings	10	22	10	22
Townhouses and apartments	15	18	18	22
All other residential	10	15	18	20
Nonresidential uses	15	18	20	24
Warehouse and light industrial uses	18	22	26	30

5. Grading. Driveway grades shall not exceed 6% at any point along the entire length of the driveway.

6. Aprons. Driveway aprons shall be designed to permit access to any driveway from a street. Such apron shall be constructed between the curb or edge of street pavement and the sidewalk or, in the absence of sidewalk, for a distance of four feet back from the curb or edge of pavement. Driveway apron width may be enlarged to provide adequate turning radii for larger vehicles. The construction specifications of driveway aprons shall be pursuant to applicable Township ordinances or as approved by the Township Engineer.

7. Side slopes. Driveway side slopes shall be topsoiled, seeded, fertilized and mulched or otherwise stabilized to prevent erosion. If banks exceed a slope of two increments vertical to one increment horizontal (two to one) and the slope face is not stable rock, retaining walls shall be constructed of a design approved by the Township Engineer.

8. Clear sight triangles. At locations where driveways approach sidewalks and streets in the public right-of-way, clear sight triangles shall be provided on both sides of such driveways. No vision-obstructing object with a height greater than 2 1/2 feet, as measured from the elevation of the driveway, shall be located in such areas formed by outward facing isosceles triangles, with equal sides of 10 feet in length consisting of the curbline of the driveway and the property line along the right-of-way.

§ LDO-506 ENGINEERING DESIGN STANDARDS.

[Ord. No. 00-40, 7-24-2000]

Township Design Standards as deemed appropriate by the Township Engineer are hereby incorporated into this Chapter by reference. These standards shall be held to be minimum criteria for site improvements in the Township of Neptune and shall include all specifications, procedures, requirements, plans and any other documentation as may be contained therein.

§ LDO-507 HISTORIC DISTRICT STREETSCAPE DESIGN STANDARDS.

[Ord. No. 00-40, 7-24-2000]

A. Applicability. This subsection shall apply to all development along Main Avenue and the balance of the HD-B-1 Zone District, except for ordinary maintenance and repair.

B. Banners. Masts for up to four feet overall length dual banners at corner and district entry posts, minimum clearance to sidewalk grade to be eight feet.

C. Bicycle racks. Beacon products - Santa Fe bike rack with optional end post bollards, to match standard bollard type; single post bike rack to be as per Metropolitan Series by Heritage Casting and Ironworks Model No. 9410, or functional and aesthetic equivalent.

D. Crosswalk type. Granite edged interlocking pavers with barrier-free curb cuts.

E. Curb type. Natural cut granite curb, eighteen-inch depth, six-inch width, six-foot length; gray or rose blend color.

F. Lighting. Appendix F.[1]

[1] Editor's Note: Said appendix is included as an attachment to this Chapter.

G. Paver color. Interlocking herring bone paver color is to match dominant downtown brick building fronts.

H. Sidewalk bench type. Beacon product Old Scroll series cast aluminum Model 05BB-A without back with IPE seat slats; Model 05B with back in park or promenade locations; alternate Main Avenue bench design to be Metropolitan Series Seat 5014 by Heritage Casting and Ironworks, or functional and aesthetic equivalent.

I. Sidewalk planter type. Model 8333 planter, eighteen-inch-high, twenty-three-inch-wide by Heritage Casting and Ironworks, or functional and aesthetic equivalent.

J. Sidewalk type. A four-foot-wide "sidewalk amenity band" consisting of interlocking paver blocks shall be placed adjacent to the curb. A replicated slate concrete walk with a minimum forty-two-inch width shall be placed adjacent to the "sidewalk amenity band." The slate concrete walk shall be edged with an interlocking paver band of variable width to the building or property line. Tree grate type. Cast iron square tree grates with openings for up-lighting, 180° square, four-inch minimum.

K. Street furnishings. Metropolitan Series in black as manufactured by Heritage Casting and Ironworks, or functional and aesthetic equivalent.

L. Trash can type. Model 6135 - 30 gallon litter container, thirty-eight-inch-high, twenty-four-inch-wide, Model No. 7232; recycling container, 39 high, 31 wide by Heritage Casting and Ironworks, or functional and aesthetic equivalent.

M. Ocean Grove Historic District. All Streetscape enhancements shall be consistent with the Ocean Grove Historic District Sidewalk Use and Various Pedestrian Enhancements Guide.

§ LDO-508 HISTORIC PRESERVATION DESIGN GUIDELINES.

[Ord. No. 00-40, 7-24-2000]

A. Purpose. The purpose of this section is to provide uniform design criteria and guidelines for the regulation of properties situated in any historic zone district or other designated historic site situated elsewhere in the Township for use by the Historic Preservation Commission, the Township of Neptune and the public.

B. Applicability. These design guidelines shall be applicable to all development applications and applications for Certificates of Appropriateness situated in:

1. Any historic zone district (as shown on a map entitled "Zoning Map, Township of Neptune, Monmouth County, New Jersey"); and

2. Any site of historic and architectural importance in the Township which has been designated by the Township or is listed by local, County, State or national agencies.

C. The design criteria and guidelines, also known as the "Preservation Guidelines," is an integral part of this Chapter and is incorporated herein as if set forth at length in the body of this Chapter.

D. Visual compatibility factors. The following factors, commonly known as "visual compatibility factors," shall be considered in all Historic Districts.

1. Height. The height of the proposed building shall be visually compatible with adjacent buildings.

2. Proportion of the building's front facade. The relationship of the width of the buildings to the height of the front elevation shall be visually compatible with buildings and places to which it is visually related.

3. Proportions of openings within the facility. The relationship of the width of windows to the height of windows in a building shall be visually compatible with the buildings and places to which it is visually related.

4. Rhythm of spacing of buildings on streets. The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with the buildings and places to which it is visually related.

5. Rhythm of solids to voids on front facades. The relationship of solids to voids in the front facades of a building shall be visually compatible with the buildings and places to which it is visually related.

6. Rhythm of entrance and/or porch projections. The relationship of entrance and porch projections to the street shall be visually compatible with the buildings and places to which it is visually related.

7. Relationship of materials, texture and color. The relationship of materials, texture and color of the facade and roof of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related.

8. Roof shape. The roof shape of a building shall be visually compatible with the buildings to which it is visually related.

9. Walls of continuity. Appurtenances of a building such as walls, open-type fencing and evergreen landscape masses shall form cohesive walls of enclosures along a street, to the extent necessary to maintain visual compatibility of the building with the buildings and places to which it is visually related.

10. Scale of buildings. The size of a building, the mass of a building in relationship to open spaces, the windows, door openings, porches and balconies shall be visually compatible with the buildings and places to which it is visually related.

11. Directional expression of front elevation. A building shall be visually compatible with the buildings and places to which it is visually related in its dimensional character, whether this be vertical character, horizontal character or non-directional character.

12. Exterior features. A structure's related exterior features such as but not limited to lighting fixtures, fences, signs, sidewalks, windows, doors, shutters, siding, gutters, balustrades, railings, columns, cornices, moldings, trim, stairs, steps, porches, walks, patios, driveways and parking areas shall be compatible with the features of those structures to which it is visually related and shall be appropriate for the historic period for which the structure is significant.

§ LDO-508.01 Historic Preservation Rehabilitation Standards.

[Ord. No. 00-40, 7-24-2000]

A. Applicability. These standards shall be applicable to all development applications and applications for Certificates of Appropriateness involving any type of rehabilitation work situated in:

1. Any historic zone district (as shown on a map entitled "Zoning Map, Township of Neptune, Monmouth County, New Jersey"); and

2. Any site of historic and architectural importance in the Township which has been designated by the Township or is listed by local, County, State or national agencies.

B. In addition to the Visual Compatibility Factors listed in Section LDO-508D, the following standards for rehabilitation shall be considered:

1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure or site and its environment or to use a property for its original intended purpose.

2. The distinguishing original qualities or characteristics of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

3. All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. The changes may have acquired significance in their own right, and this significance shall be recognized and respected.

5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity.

6. Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than conjectural designs or the availability of different architectural elements from other buildings or structures.

7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and the other cleaning methods that will damage the historic building materials shall not be undertaken without prior consent of the Historic Preservation Commission.

8. Every reasonable effort shall be made to protect and preserve archaeological resources affected by or adjacent to any project.

9. Contemporary design for alterations and additions to existing properties shall not be discouraged when the alterations or additions do not destroy significant historical, architectural or cultural material and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.

10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. All illuminated signs shall be subject to inspection in accordance with the applicable electrical codes in force in the Township.

11. The Historic Preservation Commission shall also consider the effectiveness of the proposal:

(a) In adhering to the structure's original style; or

(b) In destroying or otherwise affecting the exterior architectural features; and

(c) In the overall effect in general that the proposed work would have upon the protection, enhancement, perpetuation and the use of the applicant's property, adjoining properties and the Historic District in which it is located.

§ LDO-509 LANDSCAPING.

[Ord. No. 00-40, 7-24-2000]

The following guidelines shall be used to prepare and review a landscaping plan for any site plan. The landscaping plan shall be prepared by a New Jersey certified landscape architect.

A. Landscaping. The entire development shall be extensively landscaped in accordance with a plan conceived as a complete pattern and style throughout the total site. All areas of the site not occupied by buildings and other improvements shall be intensively planted with trees, shrubs, hedges, ground cover and perennials and annuals. Landscaping shall be provided to achieve the following:

1. Preservation and enhancement, to the greatest extent possible, of existing natural features on the site, including vegetation, land forms and bodies of water;

2. Assistance in adapting a site to its proposed development;

3. Mitigation and control of environmental and community impacts from a development;

4. Creation of an attractive appearance for the development, as viewed from both within the site itself and the surrounding area;

5. Enhancement of the habitability of a development;

6. Definition of yard areas and other open space;

7. Energy conservation and micro-climatic control; and

8. Maintenance of a desirable ecological balance on a developed site.

B. Other site design elements. The development plan shall incorporate landscaping with other functional and ornamental site design elements, where appropriate, such as the following:

1. Courtyards, plazas, alleys and similar public and semi-public open spaces;

2. Active recreation areas and facilities;

3. Ground paving materials;

4. Paths and walkways;

5. Berms and other earth forms;

6. Ponds, fountains and other water features;

7. Trellises, pergolas, gazebos and other accessory structures;

8. Fences, walls and other screens;

9. Street or site furniture;

10. Art and sculpture.

C. Plant species. The selection of plant species to be used shall be appropriate in terms of function and size and shall be hardy for the climatic zone in which the Township is located. Consideration shall be given to soil conditions, availability of water, exposure to sunlight and other existing conditions.

D. Planting sizes. Deciduous trees shall have a minimum caliper of 3.5 inches at time of planting. Evergreen trees shall be a minimum of six feet in height at time of planting. Low-growing evergreen shrubs shall be a minimum of 2 1/2 feet in height at time of planting. Size of other plantings shall depend on setting and type of plant material.

[Amended 3-12-2007 by Ord. No. 07-11]

E. Planting specifications. Only nursery-grown plant material shall be utilized. All trees, shrubs and ground cover shall be planted according to accepted horticultural standards. All grass shall be planted in accordance with the New Jersey State Soil Conservation Committee's Standards for Soil Erosion and Sedimentation Control in New Jersey, current edition. Mulch Trees and other vegetation that have been removed may be reduced to chips and used as mulch in landscaped areas. Maintenance Plantings shall be watered regularly and in a manner appropriate for the specific plant material through the first growing season. All landscaped areas shall be well maintained and kept free of all debris, rubbish, weeds, tall grass, other overgrown conditions and the storage of any equipment or materials.

F. Replacement of dead plantings. The developer shall be required to replace dead or dying plant material for a period of two years from the date of issuance of a final zoning permit for occupancy and shall post a maintenance guarantee for such pursuant to Article X of this Chapter. If plant material is dead or dying during a planting season, it shall be replaced that same season. If plant material is dead or dying during a non-planting season, it shall be replaced as soon as is reasonably possible at the start of the next planting season.

G. Fall planting hazard. Certain trees have been identified as having a high degree of transplantation failure if planted during the Fall season. These should be noted on the landscape plans as Spring planting only.

H. Foundation plantings. The base of all sides of a building shall be planted with foundation plantings consisting of evergreen and/or semi-evergreen shrubs and trees. Such plantings shall be a minimum of two feet high at time of planting and spaced an average of three feet on center. This foundation planting requirement shall not apply to the sides of buildings that are directly abutting a public right-of-way.

I. Parking lot landscaping. The interior area of all parking lots shall be landscaped to provide visual relief from the undesirable and monotonous appearance of extensive parking areas, and to provide shading that will reduce solar heat gain to both the surface of the parking lot and vehicles parked thereon. Such landscaped areas shall be provided in protected planting islands or peninsulas within the perimeter of the parking lot and shall be placed so as not to obstruct the vision of motorists. The area and types of plantings shall be provided based on the number of parking spaces in the lot, as follows (see also Appendix E):[1]

1. The perimeter of all parking lots shall be set back from all rear and side lot lines by a minimum of 10 feet. Per Section LDO-412, no individual parking space may be located within a required front setback area. Perimeter areas shall be landscaped as follows:

(a) Side and rear yards shall be landscaped with a combination of evergreen shrubs and deciduous trees to form a screen a minimum of six feet tall at the time of planting. Buffer tree spacing for foliage similar to the White Pine shall be five feet on center and similar to the Arborvitae shall be three feet on center.

(b) Front yards shall be landscaped with a combination of an alternating evergreen and deciduous hedge a minimum of three feet tall at the time of planting, with deciduous shade trees located a spacing of 30 feet on-center, said spacing to supplement and alternate with required street trees.

2. For parking lots with 15 spaces or less, no such interior landscaping shall be required if the Board determines there is adequate landscaping directly surrounding the perimeter of the parking lot. If the Board finds that such landscaping is inadequate, then the requirements of Paragraph I3 below shall apply.

3. For parking lots containing 16 to 99 spaces, a minimum of 5% of the interior area of the parking lot shall be provided with planting islands containing a minimum of one deciduous tree planted for every five parking spaces abutting such island. Planting islands in parking lots shall also conform to the following requirements:

[Amended 11-10-2003 by Ord. No. 03-35]

(a) The minimum width of planting islands shall be four feet on the side of parking spaces six feet between parking bays (head-to-head parking). If sidewalks are incorporated through either the long sides of the landscape islands between parking bays or through the landscape islands on the sides of parking spaces, their width shall be added to these requirements.

(b) No more than eight parking spaces shall be placed in one row of parking without an intervening landscape island.

(c) Where the parking lot design will result in pedestrians cutting perpendicularly through landscape islands, sidewalks shall be installed at regular intervals across the islands.

(d) The remainder of any such interior planting areas not containing trees shall be planted with low-growing evergreen shrubs.

(e) Parking lot lighting may be sited within landscape islands, however, without hindering necessary lighting coverage.

4. For parking lots with 100 or more spaces, a minimum of 5% of the interior area of the parking lot shall be provided with planting islands containing a minimum of one deciduous tree planted for every five parking spaces. Planting islands in such parking lots shall conform to the following requirements:

(a) Diamond-shaped tree islands shall be utilized between parking bays (head-to-head parking) and shall contain a minimum of 36 square feet.

(b) A landscaped island strip with a minimum width of four feet shall be placed at the end of each row of parking.

(c) No more than eight parking spaces shall be placed in one continuous row of parking without an intervening landscaped island strip placed on both sides of the spaces. The minimum width of an intervening landscaped island strip shall be seven feet.

(d) Sidewalks with a minimum width of four feet shall be placed adjacent to landscaped island strips.

(e) When intervening planting strips are placed adjacent to one another, the aggregate width of the island shall be a minimum of 12 feet in order to accommodate two planting strips and a sidewalk.

(f) The remainder of any such interior planting areas not containing trees shall be planted with low-growing evergreen shrubs.

(g) Parking lot lighting may be sited within landscape islands, however, provided adequate lighting coverage is provided per Section LDO-511.

[1] Editor's Note: Said appendix is included as an attachment to this Chapter.

J. Slope plantings. All cut and fill areas, terraces, earth berms and roadway embankments with slopes steeper than one increment vertical to three increments horizontal (1 to 3) shall be sufficiently landscaped to prevent erosion.

K. Drainage facilities. Detention basins, headwalls, outlet structures, concrete flow channels, rip-rap channels and other drainage facilities shall be suitably planted with shrubs and trees. Detention basin embankments shall be extensively landscaped with wet-site-tolerant plantings.

L. Energy conservation. Landscaping shall be designed to conserve energy, such as the planting of evergreen windbreaks to provide shielding from northwesterly winds during the winter and deciduous shade trees to reduce solar heat gain during the summer.

M. Street or site furniture. Benches, trash receptacles, kiosks, phone booths and other street or site furniture shall be located and sized in accordance with the functional need of such. Selection of such furniture shall take into consideration issues of durability, maintenance and vandalism. All such furniture shall be architecturally compatible with the style, materials, colors and details of buildings on the site.

§ LDO-510 LAND USE RESTRICTIONS AND EASEMENTS.

[Ord. No. 00-40, 7-24-2000]

Land use restrictions shall be required as applicable when a proposed development includes one or more of the restrictions contained herein. Land use restrictions shall be recorded with the Monmouth County Recording Officer as deeds of easements or shall be placed on final plats for such recording, as appropriate.

A. Drainage easements. Within required drainage easements, no regrading or the installation of structures, fences, trees and shrubs shall be permitted unless otherwise elsewhere modified by this Chapter.

B. Conservation easements. Conservation easements for wetlands, wetlands transition buffer, floodplain or floodplain buffer shall remain in their natural, undisturbed state within which no regrading or clearing shall be permitted, excepting the removal of minor underbrush or dead trees that are hazardous to people or buildings.

C. Clear sight easements. Areas designated as clear sight triangles shall remain free of visual obstructions between 2 1/2 feet and 10 feet in height with the exception of street and traffic control signs, traffic control boxes, fire hydrants, lighting poles as approved by the Township Engineer. Field sited street trees may be located within a sight triangle in accordance with Section LDO-520, Sight Triangle.

D. Utility easements. Easements for public and local utilities shall conform to any requirements of the appropriate company or authority. Structures within utility easements shall be regulated by the appropriate authority.

E. Cross-Access Easements. Cross-access easements shall permit pedestrians and motorists to travel from adjacent lots to the lot in question without the necessity for traveling on the public right-of-way.

F. Other land use restrictions. Restrictions or easements of other governmental agencies with jurisdiction of the application for development shall conform to any requirements of the appropriate agency or authority.

§ LDO-511 LIGHTING.

[Ord. No. 00-40, 7-24-2000]

A. General requirements.

1. Sufficient lighting shall be provided on each site or along roadways to ensure the security of property and to protect the safety of persons between the hours of sunset and sunrise when the establishment or facility is in use.

2. Lighting shall be so designed to avoid the creation of hazards to motorists and pedestrians or nuisance to adjoining property owners or residents. Lighting directed towards the sky shall be designed to prevent interference with commercial aviation routes.

(a) Security lighting design for commercial developments shall employ timers on all or a portion of the site lighting that reduces the average illumination to the minimum requirements of this Chapter within one hour after close of business or before 12:00 midnight, whichever occurs earlier.

(b) Safety lighting design shall employ motion sensors so that illumination occurs only when someone is in the immediate area.

(c) Display, advertising and specialty lighting, excluding interior illuminated or backlit identification signage, shall be turned off at or before 12:00 midnight.

3. Lighting levels, lamp color, and fixture type shall be consistent throughout the parcel in question and shall complement building architecture and landscaping.

4. Lighting shall be designed to minimize energy and maintenance requirements and shall comply with the U.S. Energy Policy Act of 1992, as it may be amended or superseded.

5. Exterior lighting not building mounted shall be supplied by electricity from underground cabling.

B. Streetlighting. All public and private streets shall be sufficiently illuminated to ensure traffic and pedestrian safety under all weather conditions.

1. Design criteria. The design of street lighting shall take into consideration:

(a) The brightness of the abutting uses in comparison to pavement brightness as seen by both motorists and pedestrians;

(b) The ability to discern objects on the street or its edge in comparison to abutting uses; its brightness contrast;

(c) The time available to the motorist and pedestrian to view such objects;

(d) The amount of direct glare from the luminaire or lamp and reflected glare from the pavement.

2. Lighting standard placement. Excepting rural roads and lanes, lighting standards shall be located at the following places:

(a) At every street intersection.

(b) At the end of each cul-de-sac.

(c) At curves with an inside radius of less than 300 feet, unless the standard is within 300 feet of another.

(d) A maximum of every 75 feet on straight road segments for commercial districts and 150 feet in residential districts.

3. Light stanchions shall be staggered on both sides of the roadway.

4. All lighting shall provide for non-glare lights focused downward.

C. Off-Premises Effects. Any other outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, traffic safety and overhead sky glow. The objective of these specifications is to minimize undesirable off-premises effects. No light shall shine into building windows, nor onto streets and driveways so as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval. Wall-mounted fixtures are only permitted if directed into a site and not positioned towards neighboring properties or public streets.

D. Building-Attached Fixtures. Light fixtures attached to the exterior of a building shall be designed to be architecturally compatible with the style, materials, colors and details of such building and other lighting fixtures used on the site. Consideration shall also be given to the type of light source utilized and the light quality such produces. The type of light source used on buildings, signs, parking areas, pedestrian walkways and other areas of a site shall be the same or compatible. The use of high-pressure sodium lighting shall be prohibited for all fixtures.

E. Fixture type. The fixture type shall depend on a site's location within a particular section of the Township as follows (see Appendix F):[1]

1. West Lake Avenue. Harp series luminaire with metal halide ballast per Holophane Outdoor Architectural Lighting Catalog, or functional and aesthetic equivalent.

2. Historic HD-B-1 Zone District.

(a) Main Avenue street light style shall be Globe G18 by Sternberg Vintage Lighting with fitter from 508 series (508 BD/4 or 508 BD/5 as required).

(b) Street light post style shall be Georgetown 4400-D/10' pedestrian post, 14' corner/entry post with fluted shaft detail (typical) by Sternberg Vintage Lighting.

(c) Street light post arm shall be Victorian style twin or multi-mast. Twin mast to be model 78WB or PM for 12 inches or 14 inches Globe fixtures with 8 1/4 inches projection and 17 1/4 inches from center of globe to globe.

(d) Pilgrim Pathway light style shall be Elm Street style B780R as manufactured by Sternberg Vintage Lighting.

(e) Functional and aesthetic equivalents to the above-referenced styles may be approved at the discretion of the board of jurisdiction.

3. All other zones. Old Town A850 luminaire with metal halide ballast per Sternberg Lighting Catalog, or functional and aesthetic equivalent.

[1] Editor's Note: Said appendix is included as an attachment to this Chapter.

F. Mounting height. See Article IV.

G. Illumination for surface parking. Parking lots shall be adequately lighted for both motorists and pedestrians in accordance with Table 5.3.

Table 5.3: Minimum Illumination for Surface Parking
Activity Type	Vehicular Traffic Footcandles	Pedestrian Safety Footcandles	Pedestrian Security Footcandles
Low activity	0.5	0.2	0.5
Medium activity	1.0	0.5	1.5
High activity	1.5	0.9	2.5

1. Any other outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, traffic safety and overhead sky glow. The objectives of these specifications is to minimize undesirable off-premises effects. No light shall shine into building windows, nor onto streets and driveways so as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval. Wall-mounted fixtures are only permitted if directed into a site and not positioned towards neighboring properties or public streets.

2. Maximum lighting controls. The ratio of average illumination, measured in footcandles, to minimum illumination, as required in Table 5.3 (Minimum illumination for Surface Parking) shall not exceed 4 to 1. The maximum illumination provided on any site shall not exceed the minimum illumination by more than a ratio of 10 to 1.

EXAMPLE:
Minimum illumination required:	0.5 f.c.
Average to minimum ratio:	(4 x 0.5) or 2.0 f.c.
Maximum to minimum ratio:	(10 x 0.5) or 5.0 f.c.

H. Pedestrianway illumination. Minimum pedestrianway illumination shall be as required in Table 5.4:

Table 5.4: Pedestrianway Illumination Requirements
	Min. Avg. Level	Avg. Levels Special Pedestrian Safety
Walkway classification	Footcandles	Mounting hts (9-15') footcandles
Sidewalks (roadside) and Type A bikeways
Common areas	0.9	2.0
Intermediate areas	0.6	1.0
Residential areas	0.2	0.4
Sidewalks (distant from roadways) and Type B bikeways
Parks, walkways and bike paths	0.5	0.6
Pedestrian tunnels	4.0	5.0
Pedestrian overpass	0.8	0.4
Pedestrian stairways	0.6	0.8

§ LDO-512 MONUMENTATION.

[Ord. No. 00-40, 7-24-2000]

A. Major subdivision. As part of a major subdivision, concrete monuments shall be installed at all tract boundary corners and at all points of the right-of-way which establish a publicly dedicated street. Such monuments shall be located between the sidewalk and the front property line, where appropriate. A metal alloy pin of permanent character shall be installed at all remaining lot corners of all approved lots.

B. Minor subdivision. As part of a minor subdivision, metal alloy pins of a permanent character shall be installed at all lot corners of all approved lots.

C. Performance bonding of monuments. All monuments and/or pins that are not installed at the time of subdivision approval shall be bonded in accordance with Article IX of this Chapter.

§ LDO-513 OPEN SPACE.

[Ord. No. 00-40, 7-24-2000]

A. Public ownership. Common open space shall remain in private ownership, unless the appropriate board of jurisdiction determines that public ownership is desirable and unless the subdivider agrees to the necessary land donation, in which case ownership shall be in the Township of Neptune, or in such other public body as shall be deemed appropriate, provided that the Township or such other public body shall approve such public ownership. Determination as to public ownership shall include, but not be limited to, the following:

1. The need for public open space or recreational facilities in the areas determined by the Township Master Plan.

2. The potential for an open space connection between two public open space areas;

3. The desirability of public access due to the peculiar physical characteristics of the area which make it suitable for public open space uses not otherwise available in that area;

4. Soil or vegetation characteristics of the area that provide a desirable public wildlife refuge.

B. Design standards.

1. Developed open space shall be designed to provide active recreational facilities in accordance with National Recreation Association standards to serve the residents of the development. Undeveloped open space shall be designed to preserve important site amenities and environmentally sensitive areas.

2. Stormwater detention facilities are not considered as part of the required open space, unless the approving agency finds that such a facility is designed to also serve as an open space amenity.

3. Natural features, such as trees, brooks, hilltops and views, shall be preserved whenever possible in designing any subdivision containing such features.

4. Direct access shall be provided to open space from a residential development. Where feasible, facilities shall be designed to facilitate access to and from other proximate residential areas.

5. Passive recreational activities within undeveloped open space may include, but are not limited to, pedestrian paths, bicycle paths, sitting areas and naturally preserved areas. Active recreation facilities may include, but are not limited to, swimming pools, tennis courts and ball fields.

6. Facilities to be provided within a developed open space area shall include a tot lot. The location of said tot lot shall not be proximate to any public or private roadway or intersection, and shall be suitably fenced.

§ LDO-514 PARKING LOT AND LOADING AREA DESIGN STANDARDS.

[Ord. No. 00-40, 7-24-2000]

A. Applicability. This Article shall apply to all site plan applications.

B. Design standards. The following standards shall be used to prepare and review any development plan that involves the construction of a new parking lot or loading area or repair of an existing parking lot or loading area.

1. Layout. All parking lots and loading areas shall be designed for the safety, control, efficient movement and convenience of motor vehicle circulation within a site. Traffic circulation shall be designed to minimize the use of aisles serving parking areas as access drives. For all uses except single-family dwellings, parking lots or individual spaces shall be prohibited within front yard areas. For nonresidential uses, parking areas with more than 25 spaces shall have separate entrances and exits, where possible.

2. Parking lot location. A parking lot shall be located to the rear of a building and/or the interior of the site where its visual impact to adjacent properties and the public right-of-way can be minimized. No parking lot shall be located in a required front yard.

3. Building setbacks. The minimum setbacks for buildings from driveways, parking spaces and private streets within the site shall be 10 feet for nonresidential developments. Standards relative to building setbacks from parking areas and streets in residential development are at Section LDO-516. The provisions of this subsection are in addition to the yard setback requirements of Article IV, which shall additionally be complied with.

4. Construction and repair specifications. All parking lots and loading areas shall be constructed or repaired to specifications as approved by the Township Engineer.

5. Striping and signage. Surface painted aisle, stall and directional striping and directional and traffic safety signs shall be provided throughout the parking, loading and circulation areas, pursuant to Article IV of this Chapter and in accordance with the Manual of Uniform Traffic Control Devices (MUTCD).

6. Location. See Article IV.

7. Landscaping. See Section LDO-509.

8. Parking space dimensions. The following parking space sizes shall apply to all parking areas:

(a) Residential uses: nine feet by 18 feet.

(b) Office and industrial uses: nine feet by 18 feet.

(c) Government and institutional uses: nine feet by 18 feet.

(d) Retail uses utilizing shopping carts: 9.5 feet by 18 feet.

(e) Other retail uses: nine feet by 18 feet.

(f) Handicapped van accessible: 18 feet by 18 feet. (Van accessible spaces shall be striped with an eight-foot-wide loading area. Other handicapped spaces with a five-foot-wide loading area. Paired handicapped spaces may share a loading area.)

(g) Other handicapped spaces: 13 feet by 18 feet.

(h) Parallel spaces: nine feet by 23 feet.

(i) Bus spaces: 10 feet by 40 feet.

(j) Tractor trailer: 12 feet by 60 feet.

9. Aisle dimensions. Parking lot aisles shall measure as follows:

Table 5.5: Parking Aisle Widths
Angle of Parking Stall (degrees)	Width of One-Way Traffic Aisle (Feet)	Width of Two-Way Traffic Aisle (feet)
0 (parallel)	12	18
30	12	Not permitted
45	13	Not permitted
60	18	Not permitted
90 (perpendicular)	22	24

10. Handicapped parking spaces. The number, location, size and marking of handicapped parking spaces shall be pursuant to the requirements specified in N.J.S.A. 55 32-12. However, where handicapped accessible or adaptable dwelling units are provided in accordance with Multifamily Development pursuant to this Article, a minimum of one handicapped parking space shall be provided in a location within closest proximity to such dwelling unit.

§ LDO-515 REFUSE AND RECYCLING AREAS.

[Ord. No. 00-40, 7-24-2000]

All uses must provide an area used for refuse and recyclable disposal collection. All containers, bins, dumpsters and/or storage facilities shall be designed to reduce discernible odors and contain such within the storage facility area. Refuse and recycling areas shall comply with the following provisions:

A. Non-Residential Uses.

1. All non-residential refuse and recyclable disposal collection areas shall be suitably buffered and screened to minimize the impacts of noise, odors, disposal and collection activities and views of collection bins and dumpsters. Buffering and screening shall minimize such impacts both from within the site itself, as well as from adjacent and nearby properties and public rights-of-way. Buffering shall consist of a minimum four-foot-wide area surrounding all sides of such facility exposed to view. If such facility is located on a site adjacent to a residential use or zone, such buffering shall consist of a minimum ten-foot area surrounding all sides of such facility exposed to view. Screening shall consist of a minimum six-foot-high masonry wall, solid wooden fence or accessory building with gates or doors and ramped access to facilitate the movement of bins or dumpsters. The base of such screen shall be planted with a minimum four-foot-high evergreen hedge along the sides and rear of same.

2. All storage facilities shall be located in proximity to one another or may be combined in a single common facility. Such facilities shall be centrally located and convenient for the users of the site. Designated recyclable storage facilities may be located inside a building. Such facilities shall not be located as to be visual focal points in courtyards or parking lots. Where located in a parking lot, such facilities shall not be permitted to be placed on the paved surface of the parking lot and shall be placed on a curbed area set back a minimum of two feet from the curb edge of such parking lot. No refuse and recycling area may be located within a required principal building setback area.

3. Adequate pedestrian and service vehicle access shall be provided to all storage facilities. Such vehicular access shall accommodate the type of service vehicles used for the collection of solid waste and designated recyclable materials.

4. The size and capacity of all storage facilities shall be based on the size and capacity of containers, bins and/or dumpsters utilized, frequency of pickup and projected generation rates of users of the site.

5. All non-residential uses shall be designed to have a temporary designated refuse and recyclable storage area located within the building occupied by such use. Such storage area may be located anywhere within the interior of a building, including basements, storage closets or attached garages, but shall not be situated in a hallway or corridor necessary for internal circulation or emergency access. Such area shall be designed to accommodate the average accumulated volume of designated recyclables and refuse per occupant per period of collection and any necessary storage equipment.

B. Residential uses.

1. All dwelling units shall be designed to have a temporary designated recyclable and refuse storage area located either within the interior of such unit in the kitchen, laundry room, basement or storage closet or in an attached garage or private rear yard area.

2. Such area shall be designed to accommodate the average accumulated volume of designated recyclables and refuse per dwelling unit per period of collection and any necessary storage equipment. The minimum size of such storage area shall be six square feet.

§ LDO-516 RESIDENTIAL DEVELOPMENT.

[Ord. No. 00-40, 7-24-2000]

The following regulations shall apply to residential development:

A. Elevation. No dwelling unit shall be located below grade, whether fully or partially.

B. Single-Family Development. The following look-a-like provisions/elevation standards shall be used to prepare and review any new single-family residential development. The purpose of this section is to encourage construction in character with the existing residential neighborhood and to encourage construction that is diverse and aesthetically pleasing.

1. No dwelling unit shall hereafter be constructed in any residential zone which shall be like or substantially like any neighboring dwelling as hereinafter defined, in more than two of the following six respects:

(a) Height of the main roof ridge above the elevation of the first floor;

(b) Length of the main roof ridge;

(c) Width between outside walls at the ends of the dwelling under the main roof perpendicular to the length thereof;

(d) Relative location with respect to each other of garage, if attached, porch, if any, and the remainder of the dwelling in the front elevation;

(e) Relative location of windows in the front elevation;

(f) The materials used in the front elevation.

2. For Paragraphs B1(a), (b), (c) and (d) above, dwellings shall be deemed to be like each other in any dimension in which the difference between them is not more than six feet.

3. For Paragraph B1(e) above, dwellings shall be deemed to be like each other in any dimension in which the difference between them is not more than three feet.

4. For Paragraph B1(f) above, dwellings shall be deemed to be like each other if the difference between materials used is not more than 35% of the facade area.

5. Dwellings 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 relative location of such elements.

6. For the purposes of this section, a neighboring dwelling, as stated above is defined as any principal dwelling on any lot which is located as follows in relation to the subject lot:

(a) Any lot which is within 100 feet, or three lots, whichever is greater, and along the same side of the street as the subject lot, without regard to intervening street lines.

(b) Any lot, which is directly across said street from the subject lot or from a lot referenced in the above paragraph.

7. The main entrance into all single-family detached residential dwellings shall be located within the front elevation of all residential structures. Side yard main entrances are prohibited. Main entrances of structures on corner lots may be from either elevation facing the street. No utility meters or other utilitarian improvements that detract from the appearance of the front elevation shall be located on the front elevation of a residential structure.

C. Apartment and townhouse development standards. The following standards shall be used to review apartment or townhouse development. For the purpose of this paragraph, assisted living facilities shall not be considered residential development.

1. Dwelling unit size. Minimum dwelling unit floor areas based on multi-family dwelling unit type shall be as follows:

Table 5.6: Multifamily Dwelling Unit Size
Dwelling Unit Type	Minimum Floor Area (in square feet)
Studio/efficiency apartment	500 square feet
One-bedroom apartments	850 square feet
Two-bedroom apartments	1,000 square feet
Apartments with 3 or more bedrooms	1,150 square feet + 150 square feet per additional bedroom

2. Building type mix. In developments of 25 or more dwelling units, the mix of building types shall be such that not more than 50% of the total number of dwelling units shall be located in the same type of building. In developments of 50 or more dwelling units, the mix of building types shall be such that not more than 40% of the total number of dwelling units shall be located in the same type of a building. The building type mix for each section or phase of a development plan need not reflect the building type mix prescribed for the entire development. In such cases, the Board shall require, as a condition of final approval on a particular phase or section of a development plan, the provision that future phases or sections shall bring the building type mix into conformance with the above standards.

3. Dwelling unit mix. In developments of 25 or more dwelling units, the mix of dwelling units shall be such that not more than 75% of the total number of dwelling units shall have the same number of bedrooms. The dwelling unit mix for each section or phase of a development plan need not reflect the building type mix and dwelling unit mix prescribed for the entire development. In such cases, the Board shall require, as a condition of final approval on a particular phase or section of a development plan, the provision that future phases or sections shall bring the dwelling unit mix into conformance with the above standards.

4. Number of dwelling units per building. No more than eight dwelling units may be contained in a single Townhouse structure. The number of units in a multifamily building shall be limited by height and bulk requirements.

5. Distance between buildings. Separation of buildings within a multiple-family residential development shall be based on spacing relationships corresponding to a multiplier of the highest single wall height of the buildings involved, as measured from ground level to the height of the top of the cornice or from ground level to the height of the juncture of the wall plane and the roof eaves, as follows:

Table 5.7: Building Spacing Requirements For Multifamily Uses
Building Wall Relationship	Multiplier	Min. Spacing
Front wall to front wall	1.5	30 feet
Front wall to side wall	1.5	30 feet
Rear wall to rear wall	1.25	25 feet
Rear wall to side wall	0.75	20 feet
Side wall to side wall	0.75	20 feet
Building Spacing Formula: Wall height x Multiplier = Distance of separation between buildings.

NOTE: The minimum spacing standards listed above are generally intended for average two-story buildings and, therefore, may need to be adjusted for buildings of other heights. In addition, this building spacing formula shall only determine the spacing of buildings within the multiple-building development property.

6. Building setbacks. Buildings in a multifamily development shall be set back at least 15 feet from all parking areas. Buildings shall be setback at least 25 feet from driveways, and private or public streets. No building shall be located within the principal setback area for the applicable zone district.

7. Dwelling unit privacy. Adjacent dwelling units in the same building shall be adjoined in such a manner as to provide maximum soundproofing and privacy between such units.

8. Site layout. The development plan shall locate buildings, parking areas and open space in an arrangement that promotes the enjoyment of dwelling units, other on-site facilities and the community as a whole by residents of the development. Dwelling units and buildings shall be oriented towards the public street and interior open spaces and away from parking lots and garages. Parking lots and garages shall be prohibited from being located in the front yard area of any dwelling unit. Front wall to rear wall building orientations are discouraged.

9. Individuality of dwelling units and buildings. In order to provide attractiveness, identity and individuality to dwelling units, buildings and complexes of buildings within the entire development and to avoid the monotonous repetition of design elements and its undesirable visual effects, the following design standards shall be utilized:

(a) Varying dwelling unit widths, staggering dwelling unit setbacks and altering building heights and rooflines;

(b) Varying architectural embellishments to roofs between dwelling units, buildings, or complexes of buildings, including roof elements such as dormers, belvederes, masonry chimneys and similar elements, provided that such are architecturally compatible with the style, materials, colors and details of the building;

(c) Varying the front entrance definition and articulation between dwelling units, buildings or complexes of buildings, provided that such are architecturally compatible with the style, materials, colors and details of the building.

10. The same building design for multi-family dwellings shall not be utilized on more than two adjacent lots, nor within 200 feet of another building of the same design.

11. Entrance lighting. A minimum of one low-wattage incandescent light fixture shall be provided outside each exterior entrance to a dwelling unit or building.

12. Fire escapes. Buildings containing dwelling units located above the second story and requiring a second means of egress pursuant to the Uniform Construction Code shall not utilize an attached external fire escape as one of the required means of egress.

13. Dwelling unit storage space. Each dwelling unit shall be provided with a completely enclosed, covered storage space consisting of a minimum of 350 cubic feet. Such storage area shall be exclusive of normal interior closets and may either be contained within the dwelling unit or building, attached thereto or located separately.

14. Dwelling unit private open space. All dwelling units shall have a private open space area as follows:

(a) Each dwelling unit located on a ground floor level shall be provided with a private rear yard consisting of a minimum area of 200 square feet. Such private rear yard shall be enclosed by means of a six-foot-high wooden fence or screen, brick wall, evergreen hedge or some combination of the same, which shall provide adequate screening from all other neighboring dwelling units and private rear yards, walkways, common recreational facilities, parking lots, driveways and streets. A minimum of one low-wattage incandescent light fixture shall be provided to light such area.

(b) Each dwelling unit located above the ground floor level shall be provided with a private outdoor patio or balcony area consisting of a minimum of 64 square feet. The minimum length of any individual dimension of such area shall not be less than six feet. This area shall be located or recessed inside the outer wall plane of the building on which it is located. A minimum of one low-wattage incandescent light fixture shall be provided to light such area.

15. Ground floor elevations. The ground floor level of each dwelling unit shall be elevated above grade, except for dwelling units designed for senior citizens or the handicapped. The minimum height of such elevation shall be 20 inches at the front entrance.

16. Common open space. Active and passive recreational areas and other public and/or semipublic open space, such as courtyards, plazas, alleys and pedestrian walkways, shall be designed to promote use and enjoyment by residents of the development. Such areas shall be designed to utilize natural features of the site, including existing vegetation, where possible, and shall be extensively landscaped with a wide variety of plant materials. Where such areas are enclosed by buildings, such as courtyards and plazas, they shall be designed to be architecturally formal and geometrically logical; however, this shall not preclude the use of curvilinear designs for walkways or landscaped areas.

17. Yard area definition. The front and side yards of a dwelling unit or building fronting on a street, driveway or parking lot shall be defined with a three-foot-high wooden picket type fence, wrought iron fence, brick wall, evergreen hedge or some combination of the above.

18. Type of lighting source. Low-wattage incandescent lamps shall be used along all sidewalks, walkways, courtyards and plazas and on any building or unit. Parking lot lighting shall be incandescent or another light source compatible with the same.

19. Cable television utility. All dwelling units shall be provided with such facilities for potential linkage to the Township's cable television utility.

20. Maintenance equipment storage. An accessory building shall be provided for the storage of maintenance equipment, if such is to be stored on-site. Such accessory building shall be architecturally compatible with the style, materials, colors and details of the principal buildings.

21. Common entrances. Apartment buildings with common entrances, lobbies, elevators and/or stairwells shall be designed to promote safety and security of residents and visitors using such areas.

22. Window. Windows should be provided at all building facades in order to avoid monotonous, blank walls.

§ LDO-517 RESIDENTIAL SITE IMPROVEMENT STANDARDS.

[Ord. No. 00-40, 7-24-2000]

A. Applicability. The Residential Site Improvement Standards (RSIS) at N.J.A.C. 5:21 et seq. shall govern any site improvements carried out, or intended or required to be carried out, in connection with any application for residential subdivision, site plan approval, or variance before the Planning Board or Zoning Board of Adjustment, or in connection with any other residential development approval required or issued by the Township or any agency thereof, except as provided for herein.

B. Special area standards.

1. Parking. Standards set forth by the RSIS at N.J.A.C. 5:21-4.14 relative to the number of required parking spaces shall not apply to the designated Ocean Grove Historic District per N.J.A.C. 5:21-3.5(b)(3)(4). Development in the Ocean Grove Historic District shall conform to the requirements set forth in Subsection LDO-412.17, Parking Requirements.

2. Sidewalk widths. Standards set forth by the RSIS at N.J.A.C. 5:21-4.5(f) relative to sidewalk widths shall not apply to the designated Ocean Grove Historic District per N.J.A.C. 5:21-3.5(b)(3)(4). Development in the Ocean Grove Historic District shall conform to the requirements set forth in Section LDO-507 Historic District Streetscape Design Standards).

C. Compliance. Construction of all residential improvements not regulated by the RSIS and not regulated by Subsection LDO-412.17, Parking Requirements, shall conform to the technical requirements of the Township Engineer, and any technical requirements specified in this Chapter.

§ LDO-518 SECURITY GRILLES AND ROLL-UP DOORS.

[Ord. No. 00-40, 7-24-2000]

A. Purpose. Security grilles and doors found to be necessary in certain situations are an important building facade element that should be given thoughtful consideration. Security grilles and doors devoted to any retail sales or service establishment must be installed in a manner that preserves full visual access to a building's unique design elements.

B. Non-Residential Uses. Security grilles and doors designed in accordance with standards set forth in Paragraph C may be installed by non-residential uses only. No security grille or door may be installed in a historic zone district.

C. Design standards. Security grilles and roll-up doors shall be designed according to the following standards (see also Appendix G):[1]

1. Solid "rolling service doors" fabricated of interlocking slats or panels with no openings are extremely detrimental to an attractive streetscape and should be avoided.

2. If a security grille is absolutely necessary, it should be a least 60% non-solid. The standard curtain pattern is a straight lattice design with horizontal rods at two inches on center and vertical links at nine inches on center. For added visual interest, a staggered "brick pattern" with four-and-one-half-inch horizontal spacing may be preferable.

3. The security grille coil, whether side- or overhead-mounted, should never be attached to the exterior of the building. When the security grille is in the closed position it should be located on the interior side of the windows so as not to degrade the architectural design features along the streetscape.

4. Where headroom is limited, a folding or accordion grille may be installed in lieu of the typical roll-up type. Any sliding type security grille must also be non-solid and situated on the interior side of the windows.

5. An emergency egress feature should always be incorporated into the design and installation of any security grille.

[1] Editor's Note: Said appendix is included as an attachment to this Chapter.

§ LDO-519 SIDEWALKS AND BIKEWAYS FOR NON-RESIDENTIAL USES.

[Ord. No. 00-40, 7-24-2000]

A. Applicability. This section shall apply to non-residential development in all portions of the Township except for the HD-B-1 Historic Zone District. For sidewalk, curb and other streetscape design standards in the HD-B-1 Historic Zone District, see Section LDO-507, Historic District Streetscape Design Standards.

B. Sidewalks. The following section provides standards for sidewalk placement and minimum sidewalk widths. The Board of Jurisdiction may require wider sidewalk widths where anticipated pedestrian traffic volumes would necessitate additional capacity. Calculations of required sidewalk widths that differ from the standards as set forth herein shall be made using the Highway Capacity Manual, latest edition, published by the Transportation Research Board.

1. Sidewalks shall be required on both sides of the street for all major arterials, minor arterial roads, collector roads and local roads in association with non-residential development.

2. All lots shall have private walkway access to a public sidewalk in the right-of-way. Such access shall be designed for the safety, control, efficient movement, convenience and encouragement of pedestrian traffic into and out of the site and to promote pedestrian circulation generally within the Township.

3. In general, sidewalks shall be placed in the right-of-way, parallel to the street unless an exception has been permitted to preserve topographical or natural features, or to provide visual interest, or unless the applicant shows that an alternative pedestrian system provides equally safe and convenient circulation. Sidewalks may be placed in a public access easement adjoining the right-of-way in order to provide sufficient room for various functions within the right-of-way, as follows:

(a) In commercial areas, the sidewalk area may abut the curb incorporating additional width for street furniture, such as bus stops and shelters, planters, signage, benches, street tree planting holes and grates, newspaper vending machines, traffic control devices, light poles and similar items, provided that such items may not be set back more than four feet from the curbline. A continuous clear pedestrian passageway of 7 1/2 feet in width is to be maintained when such items are utilized.

(b) In addition to required sidewalks along streets, commercial developments shall provide internal sidewalks creating convenient linkages between the commercial development and all surrounding streets, including residential streets. Internal sidewalks shall be provided linking such commercial development to adjoining non-residential developments. Cross-access easements shall be provided for such pedestrian linkages.

4. Walkways shall be located on a site to facilitate pedestrian access between the public sidewalk, buildings, parking lots and other facilities and to provide for pedestrian circulation generally within a site. Where walkways abut the ends of parking spaces and wheel stops are not provided, the minimum width of such walkways shall be a minimum of five feet in order to provide for the front ends of vehicles to overhang onto such walkways with appropriate space remaining for the passage of pedestrians.

5. In commercial or industrial developments, sidewalks shall be provided to link streets, buildings within a complex, and on-site activities such as parking and recreational areas. Such sidewalks shall be linked to public sidewalks within the right-of-way.

6. The location and width of sidewalks shall be consistent with the location and width of existing sidewalks adjacent to or near the site to be developed, but in no case shall be less than the standards set forth below. The following sidewalk widths for office, governmental, educational and health care uses shall be required:

(a) Along non-residential streets separated from the curb by at least five feet: four feet.

(b) Along non-residential streets adjacent to the curb: six feet.

(c) Between a main entrance and its closest parking: eight feet.

(d) Where vehicles overhang the sidewalk: six feet.

(e) Within parking areas: four feet.

(f) Between buildings: six feet.

7. The following sidewalk widths for retail development shall be required:

(a) Along non-residential streets separated from the curb by at least five feet: six feet.

(b) Along non-residential streets adjacent to the curb: eight feet.

(c) Between a main building entrance and its closest parking: 10 feet. (NOTE: This width may be reduced to six feet, provided an area at least four feet in width is provided at all building foundations for landscaping.)

(d) Where vehicles overhang the sidewalk: six feet.

(e) Within parking areas: four feet.

(f) Between buildings: six feet.

8. Handicapped passage. Sidewalks and walkways less than six feet in width shall provide widened areas at least every 200 linear feet sufficient to permit the passage of two wheelchairs in opposite directions. The widened area shall be at least six feet wide. In general, this requirement may be met through the intersection of driveway's paved surfaces with sidewalks.

9. Sidewalks and graded areas shall be constructed according to the Engineering Department Standard Details established by the municipality.

10. All sidewalk and drive apron construction shall be in accordance with New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction (1989), and amendments thereto.

11. The concrete to be used for sidewalks and drive aprons shall be Class "B" 4,000 psi air entrained. The sidewalks and drive aprons may require a crushed stone foundation for unusual loads or soil conditions if directed by the Municipal Engineer. The following minimum thickness shall apply:

(a) Sidewalks shall be a minimum thickness of four inches.

(b) Drive aprons and sidewalks at drive aprons shall have a minimum thickness of six inches and they shall have welded wire fabric reinforcement mat not less than #6 x #6 on a six-inch by six-inch grid pattern.

12. Premolded bituminous expansion joint material shall be installed every 20 feet and half depth contraction joints installed every four feet.

13. Monolithic curb and drive apron construction shall be prohibited.

C. Bikeways.

1. Separate bicycle lanes and paths shall be required as envisioned by the Township's Master Plan.

2. Bicycle lanes, where required, shall be placed in the outside lane of a roadway, adjacent to the curb or shoulder. When on-street parking is permitted, the bicycle lane shall be between the parking lane and the outer lane of moving vehicles. Lanes shall be delineated with markings, preferably striping. Raised reflectors or curbs shall not be used. Bicycle lanes shall be considered Type A bikeways and all other bikeways Type B.

3. Bikeways shall be constructed in accordance with the bicycle facility design guidelines published by the New Jersey Department of Transportation.

D. Bicycle parking. Bicycle parking areas shall be installed wherever significant attractors are established, including, but not limited to food stores, educational uses, and shopping centers. The number of spaces for bicycles shall equal at least 10% of the total required number of parking spaces for the first 100 spaces and 2% thereafter. Bicycle parking areas shall have a minimum capacity of six bicycles and shall be designed to provide secure anchoring for locking devices. If located in motorized vehicle parking lots, bicycle parking shall be primarily located in the 1/3 of the parking area closest to the building. If located on sidewalks, the parking should be adjacent to entrances. Bicycle parking shall be located outside of travel ways for motorized vehicles and pedestrians.

§ LDO-520 SIGHT TRIANGLE.

[Ord. No. 00-40, 7-24-2000]

A. On all corner lots in all zones except historic zone districts, there shall be an unobstructed sight triangle formed by measuring 25 feet along each curb line from the point of intersecting curb lines at such corner and connecting such points to form a triangular area. Sight triangles within Ocean Grove Historic Zone Districts shall be formed by measuring 15 feet along each curb line from the point of intersecting curb lines at such corner and connecting such points to form a triangular area.

B. No fences of any type may be erected within the sight triangle. A sight triangle shall contain no structures, signs, plantings or any other vision obstructing objects which are greater than 36 inches in height as measured from the curb level at the point of intersecting street lines. Trees shall be permitted whose branches are trimmed away to a height of at least eight feet above the curb level as measured from the point of intersecting street lines.

C. Nothing herein shall permit the parking or storage of any vehicle on a corner lot property, which obstructs, impairs or obscures vision of motor vehicle traffic at an intersection, as determined by the Chief of Police.

§ LDO-521 SITE PLAN DEVELOPMENT STANDARDS.

[Ord. No. 00-40, 7-24-2000]

A. Applicability. This Article shall apply to all site plan applications.

B. Development standards. The following standards shall be used to prepare and review any site plan.

1. Vehicular access. No public or private roadway shall be located within 25 feet of an existing adjacent residential use or district, except in such cases where the Board determines that it shall be necessary for an existing or future roadway connection.

2. Building location. A building shall be located to front towards and relate to a public street, both functionally and visually. In a multiple-building development, buildings located on the interior of a site shall front towards and relate to one another, both functionally and visually. To the greatest extent possible, the development shall divide proposed buildings into smaller, individualized groupings, utilizing such features as courtyards, quadrangles and alleys that encourage pedestrian activity and incidental social interaction among users. Spatial relationships between buildings shall be geometrically logical and architecturally formal. No building shall be oriented to front toward a parking lot. All buildings shall be located to allow for adequate fire and emergency access.

3. Pedestrian circulation. A barrier-free walkway system shall be provided to allow pedestrian access to a building or use from both a parking lot within the site and from the Township sidewalk system. Such walkway system shall promote pedestrian activity both within the site itself and throughout the community by its integration with the Township sidewalk system. Walkways shall be separate from motor vehicle circulation to the greatest extent possible and shall provide a pleasant route for users that will promote enjoyment of the site and encourage incidental social interaction among pedestrians.

4. Decorative lampposts. The exterior of a site with greater than 100 feet of street frontage shall provide decorative lampposts approximately 10 feet to 12 feet high, spaced at intervals of approximately 40 feet to 60 feet along or near all street lines and driveways. Walkways in the interior of a site shall have decorative lampposts approximately 10 feet to 12 feet high, spaced at intervals of approximately 30 feet to 40 feet. The style, size, color and type of light source of such lampposts shall be determined by the Board based on existing fixtures located in other similar type developments in the Township. Lighting levels from such fixtures shall be provided pursuant to Section LDO-511.

5. Building spacing. Separation of buildings in a multiple-building development shall be based on spacing relationships corresponding to a multiplier of the highest single wall height of the buildings involved, as measured from ground level to the height of the top of the cornice or from ground level to the height of the juncture of the wall plane and the roof eaves, as follows:

Table 5.8: Building Spacing Requirements for Non-Residential Multiple Building Developments
Formula: Wall height x Multiplier = Distance of separation between buildings
Building Wall Relationship	Multiplier	Minimum Spacing (feet)
Front wall to front wall	1.5	30
Front wall to rear wall	2.0	40
Front wall to side wall	1.5	30
Front wall to windowless side wall	1.5	30
Rear wall to rear wall	2.0	40
Rear wall to side wall	2.0	40
Rear wall to windowless side wall	1.5	30
Side wall to side wall	1.25	25
Side wall to windowless side wall	0.75	15
Windowless side wall to windowless side wall	0.75	15

NOTES: (1) The minimum spacing standards listed above are generally intended for average two-story buildings and, therefore, may need to be adjusted for buildings of other heights; (2) Spacing formulas for multifamily development are set forth in Section LDO-516.

§ LDO-522 STREETS.

[Ord. No. 00-40, 7-24-2000]

A. Applicability. This section shall apply to all applications for development.

B. Design standards. The following standards shall be used to prepare and review any development plan that involves the construction of a new street or repair of an existing street:

1. Lot access. All lots shall have frontage on and driveway access to a public ; street, except that lots in PUDs may have access from a private street, if specifically approved by the Board, pursuant to Paragraph C, Private Streets, below. In no instance shall access to a nonresidential use be permitted through or across a lot located in a residential district.

2. Construction and repair specifications. All streets shall meet the construction specifications as set forth in applicable Township ordinances or as approved by the Township Engineer. This shall also apply to recommendations by the Township Engineer regarding the maintenance, repair or upgrading of existing streets located in that portion of the public right-of-way that directly abuts the lot to be developed.

3. Street layout. Streets shall be designed to provide for motor vehicle traffic circulation that is safe, controllable, efficient and convenient. The layout of streets shall be planned to continue the street system pattern of the surrounding neighborhood and shall provide for the extension of existing streets, where applicable. Streets shall be located so as to discourage through traffic within residential neighborhoods. The location of streets shall be such as to provide for the extension of existing streets, where applicable.

4. Culs-de-sac. Where one end of a street terminates in a dead-end, a cul-de-sac shall be provided. The maximum length of a street ending in a cul-de-sac shall be 600 feet from the nearest intersection. A vehicular turnaround shall be provided at the terminus of the cul-de-sac with a minimum radius of 40 feet at the curbline. For public streets, an additional ten-foot-wide utility and planting strip shall be provided around the entire cul-de-sac for a minimum total right-of-way radius of 50 feet.

5. Street names and address numbers. A street name shall not conflict with or be mistaken for an existing street name in the Township unless the street is a logical extension of an existing street. All street names, whether for a public or private street, shall be approved by resolution of the Township Committee. The street address numbering system shall be as approved by the Township Clerk.

6. Street name signs. Street name signs shall be placed at all street intersections within or abutting the development. Street signs shall identify all cross streets at all intersections. The type, style and location of such signs shall be as approved by the Township Engineer.

C. Private streets. Where approved as part of a PUD, private streets may be permitted by the Board with the following conditions:

1. Design standards. The design of a private street shall meet all other applicable design standards of this Article for a public street.

2. Access control. A development plan involving access to a private street shall not be approved unless the control and disposal of said land controlling access has been placed with the Township or unless a protective deed restriction has been approved by the Board.

3. Maintenance. The applicant shall establish, prior to final approval or as a condition thereof, an entity responsible for maintaining such private street for which the Board shall require a developer's agreement. This agreement shall include the Township's right to enter the premises to make repairs and/or conduct other necessary maintenance. The cost for such repairs and/or maintenance by the Township shall be paid by the property owner(s) and shall include all legal, administrative, clerical, planning, engineering, repair and maintenance costs associated with such work.

D. Public streets. All public streets shall be located in a public right-of-way dedicated to the Township having a minimum width of 50 feet, unless another width is specifically recommended in an adopted element of the Master Plan or on the adopted Official Map or Tax Map of the Township. Developments that adjoin or include existing public streets that do not conform to the above required right-of-way widths shall dedicate the required additional width along one or both sides of said street. If development is proposed along one side of the street only, then half of the required extra width shall be dedicated. The approval of any map or plat delineating streets by the governing body of the Township shall in no way be construed as an acceptance of any street indicated thereon.

§ LDO-523 STREET TREES.

[Ord. No. 00-40, 7-24-2000]

A. Location. Street trees shall be installed on both sides of all public and private streets in accordance with an approved landscape plan. Trees shall be spaced evenly along the street in a location either between the curb and sidewalk or at a point 15 feet behind the curbline (see Appendix H).[1] In commercial areas with wider sidewalks that extend to the curb, trees shall be placed in tree wells with root guard systems. Such tree wells shall have sufficient soil volume to support tree growth as follows:

Tree Size at Maturity (Height in feet)	Soil Volume (in cubic feet)
Large trees (45+)	200
Medium-sized trees (30-45)	150
Areas under sidewalks may be used to meet the soil volume requirement, provided no more than 50% of the volume is located under such hard paving.

[1] Editor's Note: Said appendix is included as an attachment to this Chapter.

B. Spacing. Trees specified in the Table of Recommended Large Street Trees shall be planted at a minimum interval of 35 feet along all streets. Trees specified in the Table of Recommended Medium Street Trees shall be planted at a minimum interval of 30 along all streets. Trees may be planted closer together in order to avoid interference with utilities, roadways, sidewalks, sight easements, and street lights.

C. Minimum planting size. All street trees shall have a minimum caliper of 3 1/2 inches at the time of planting.

D. Street tree type. Tree type may vary depending on overall effect desired but as a general rule, all trees shall be large deciduous trees except as needed to achieve special effects. Tree selection shall be approved by the Board in accordance with the Neptune Township Shade Tree Commission Tree Planting Guide.[2] Alternate selections may be approved at the discretion of the Board.

[2] Editor's Note: Said guide is included as an attachment to this Chapter.

E. Planting specifications. Street trees shall be substantially uniform in size and shape, and have straight trunks. Trees shall be properly planted and staked in accordance with the Neptune Township Engineering Standards. Provision shall be made by the developer for regular watering and maintenance until they are established. Dead or dying trees shall be replaced by the developer during the next suitable planting season.

§ LDO-524 SUBDIVISION DEVELOPMENT STANDARDS.

[Ord. No. 00-40, 7-24-2000]

A. Applicability. This Article shall apply to all subdivision applications.

B. Standards. The following standards shall be used to prepare any development plan for a subdivision:

1. Blocks. The length, width and area of blocks created within bounding roads creating blocks shall be such as to accommodate the lot areas and dimensions required by Article IV of this Chapter for the specific district in which the block is located and to provide for convenient access, circulation, control and safety of street traffic.

2. Lots. No lot shall be created on which development may be rendered impracticable due to significant environmental or man-made constraints, such as steep slopes, wetlands, floodplains, flood hazard areas, drainage or other natural conditions or lack of sewer capacity, utility service, vehicular access or other man-made conditions. Where such conditions occur, the affected land shall be incorporated into the adjoining lots or contiguous open space. Where there are unanswered questions as to the suitability of a lot for its intended use due to any of the above referenced factors or similar circumstances, the Board may, after adequate investigation, withhold approval of such a lot.

3. Lot orientation. Side lot lines shall be at right angles to straight street lines and radial to curved street lines, wherever practical. Flag, through, and reverse frontage lots are discouraged.

4. Frontage. To the greatest extent possible, lot frontage shall not be less than the required lot width. For detached single-family residential development only, reduction of 25% of the required lot frontage may be permitted, provided the required lot width is met at the front setback line, and provided all other bulk requirements for the particular lot are met.

[Amended 3-12-2007 by Ord. No. 07-11]

5. Existing vegetation. To the greatest extent possible, significant existing vegetation in good health and condition shall be preserved. Subdivision designs should preserve existing stands of trees, as well as tall shrubs and hedgerows along or near lot lines. Subdivisions shall be subject to the regulations set forth in Section LDO-525 on Tree Preservation.[1]

[1] Editor's Note: Former Section LDO-525, Tree Removal and Tree Cutting, was repealed 3-8-2010 by Ord. No. 10-04. See now Ch. 12, Property Maintenance, Section 12-4.

6. Conformance. Where a lot is formed from part of a lot already occupied by a building, any subdivision shall be executed in such a manner so as to not create or exacerbate any violation of the requirements of this Chapter with respect to the existing building and all yard, setback, coverage, buffers and open space in connection therewith. All resulting lots shall have dimensions consistent with the requirements of the zoning district in which they are located.

§ LDO-525 (RESERVED) [1]

[Ord. No. 00-40, 7-24-2000]

[1] Editor's Note: Former Section LDO-525, Tree removal and tree cutting, was repealed 3-8-2010 by Ord. No. 10-04. See now Ch. 12, Property Maintenance, Section 12-4.

§ LDO-526 UNDERGROUND WIRING.

[Ord. No. 00-40, 7-24-2000]

A. New electric, telephone, television and other communication facilities.

1. All electric, telephone, television and other communication facilities, both main and service lines servicing new developments, shall be provided by underground wiring within easements and dedicated public rights-of-way, installed in accordance with the prevailing practices of the utility or other companies providing such services.

2. Main electric, telephone, television and other communication facility lines servicing new developments shall be located within a utility easement at least 10 feet in width. Said easement shall be located parallel and adjacent to a public or private right-of-way (see Appendix H).[1] This shall facilitate the location of street trees within a minimum five-foot-wide tree lawn adjacent to the easement.

[1] Editor's Note: Said appendix is included as an attachment to this Chapter.

B. Existing supply lines and service connections. Lots that abut existing easements or public rights-of-way, where overhead electric or telephone distribution supply lines and service connections have heretofore been 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. In the instance of an application for development, an applicant shall demonstrate to the board of jurisdiction whether it is possible to relocate existing overhead electric or telephone distribution supply lines underground.

§ LDO-527 RETAINING WALLS.

[Ord. No. 00-40, 7-24-2000]

Design and maintenance of structural retaining walls shall be in accordance with the following standards:

A. The applicant shall submit a plan indicating how all segments of the structural retaining wall, including any bench area located between two-tiered wall sections, shall be maintained.

B. The structural or civil engineer certifying the plans shall provide documentation as to the feasibility for replacing the structural retaining wall at the end of its useful life, and method of replacement by the property owner or homeowners' association.

C. The top of any structural retaining wall, or tiered wall, with a height of greater than four feet, shall be protected through the use of fencing with a minimum height of three feet or, in the alternative, provided safety concerns are adequately addressed, densely planted vegetation at 50% of the full growth screening.

D. The bench, or area between the top of one tier and the bottom (toe) of the next higher tier, shall be properly graded to facilitate drainage.

E. A licensed landscape architect shall certify that landscaping installed in the vicinity of any structural retaining wall is appropriate for the location and does not have a root system that will impair the integrity of the retaining wall.

F. Structural retaining walls shall be constructed of permanent materials, such as concrete, pre-cast block, or masonry, and shall be designed to allow replacement of the wall at the end of its useful life.

G. Landscape retaining walls shall be constructed of durable or preservative treated wood, or other durable materials, and shall be designed to allow replacement of the wall at the end of its useful life.

§ LDO-528 STORMWATER MANAGEMENT.

[Amended in its entirety 3-8-2021 by Ord. No. 21-07. Prior history includes Ord. No. 04-23, adopted 6-14-2004; Ord. No. 09-39, adopted 9-28-2009; and Ord. No. 11-11, adopted 2-14-2011]

§ LDO-528.01 Scope and Purpose.

[Added 3-8-2021 by Ord. No. 21-07]

A. Policy Statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure Best Management Practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.

B. Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for major development, as defined below in Subsection LDO-528.02.

C. Applicability.

1. This section shall be applicable to the following major developments:

(a) Non-residential major developments; and

(b) Aspects of residential major developments that are not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21.

2. This section shall also be applicable to all major developments undertaken within the Township of Neptune.

D. Compatibility with Other Permit and Ordinance Requirements.

Development approvals issued pursuant to this section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

This section is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

§ LDO-528.02 Definitions.

[Added 3-8-2021 by Ord. No. 21-07]

For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.

CAFRA CENTERS, CORES OR NODES

Those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.

CAFRA PLANNING MAP

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).

COMMUNITY BASIN

An infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this Chapter.

COMPACTION

The increase in soil bulk density.

CONTRIBUTORY DRAINAGE AREA

The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.

CORE

A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY

An agency designated by the County Board of Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:

A. A county planning agency; or

B. A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

DEPARTMENT

The Department of Environmental Protection.

DESIGN ENGINEER

A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

DESIGNATED CENTER

A State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlarge-enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural land, "development" means any activity that requires a State permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

DISTURBANCE

The placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.

DRAINAGE AREA

A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.

EMPOWERMENT NEIGHBORHOODS

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.

ENVIRONMENTALLY CONSTRAINED AREA

The following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership, such as wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

ENVIRONMENTALLY CRITICAL AREA

An area or feature which is of significant environmental value, including but not limited to stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

GREEN INFRASTRUCTURE

A stormwater management measure that manages stormwater close to its source by:

A. Treating stormwater runoff through infiltration into subsoil;

B. Treating stormwater runoff through filtration by vegetation or soil; or

C. Storing stormwater runoff for reuse.

HUC 14 or HYDROLOGIC UNIT CODE 14

An area within which water drains to a particular receiving surface water body, also known as a "subwatershed," which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

IMPERVIOUS SURFACE

A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

INFILTRATION

The process by which water seeps into the soil from precipitation.

LEAD PLANNING AGENCY

One or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee pursuant to N.J.A.C. 7:8-3.2 that serves as the primary representative of the committee.

MAJOR DEVELOPMENT

An individual development, as well as multiple developments that individually or collectively result in:

A. The disturbance of one or more acres of land since February 2, 2004;

B. The creation of 1/4 acre or more of regulated impervious surface since February 2, 2004;

C. The creation of 1/4 acre or more of regulated motor vehicle surface since March 2, 2021 (or the effective date of this ordinance, whichever is earlier); or

D. A combination of Paragraphs B and C 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 Paragraphs A, B, C or D above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major development.

MOTOR VEHICLE

Land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low speed vehicles. For the purposes of this definition, "motor vehicle" does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.

MOTOR VEHICLE SURFACE

Any pervious or impervious surface that is intended to be used by motor vehicles and/or aircraft, and is directly exposed to precipitation, including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.

MUNICIPALITY

Any city, borough, town, township, or village.

NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL

The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this Chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this Chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this Chapter, provided the design engineer demonstrates to the municipality, in accordance with Subsection LDO-528.04F of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this Chapter.

NODE

An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

NUTRIENT

A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERSON

Any individual, corporation, company, partnership, firm, association, political subdivision of this State and any state, interstate or Federal agency.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

RECHARGE

The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

REGULATED IMPERVIOUS SURFACE

Any of the following, alone or in combination:

A. A net increase of impervious surface;

B. The total area of impervious surface collected by a new stormwater conveyance system (for the purpose of this definition, a "new stormwater conveyance system" is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created);

C. The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or

D. The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.

REGULATED MOTOR VEHICLE SURFACE

Any of the following, alone or in combination:

A. The total area of motor vehicle surface that is currently receiving water;

B. A net increase in motor vehicle surface; and/or quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.

SEDIMENT

Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

SITE

The lot or lots upon which a major development is to occur or has occurred.

SOIL

All unconsolidated mineral and organic material of any origin.

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)

An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the State's future redevelopment and revitalization efforts.

STATE PLAN POLICY MAP

The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.

STORMWATER

Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

STORMWATER MANAGEMENT BASIN

An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE

Any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.

STORMWATER MANAGEMENT PLANNING AGENCY

A public body authorized by legislation to prepare stormwater management plans.

STORMWATER MANAGEMENT PLANNING AREA

The geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.

STORMWATER RUNOFF

Water flow on the surface of the ground or in storm sewers, resulting from precipitation.

TIDAL FLOOD HAZARD AREA

A flood hazard area in which the flood elevation resulting from the two-, ten-, or 100-year storm, as applicable, is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent of the storm 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.

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD

A neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.

URBAN ENTERPRISE ZONES

A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.

URBAN REDEVELOPMENT AREA

Previously developed portions of areas:

A. Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;

B. Designated as CAFRA Centers, Cores or Nodes;

C. Designated as Urban Enterprise Zones; and

D. Designated as Urban Coordinating Council Empowerment Neighborhoods.

WATER CONTROL STRUCTURE

A structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.

WATERS OF THE STATE

The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLANDS or WETLAND

An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."

§ LDO-528.03 Design and Performance Standards for Stormwater Management Measures.

[Added 3-8-2021 by Ord. No. 21-07]

A. Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:

1. The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.

2. The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.

B. The standards in this section 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.

§ LDO-528.04 Stormwater Management Requirements for Major Development.

[Added 3-8-2021 by Ord. No. 21-07]

A. The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection LDO-528.10.

B. Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).

C. The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection LDO-528.04P, Q and R:

1. The construction of an underground utility line, provided that the disturbed areas are revegetated upon completion;

2. The construction of an aboveground utility line, provided that the existing conditions are maintained to the maximum extent practicable; and

3. The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.

D. A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection LDO-528.04O, P, Q and R may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:

1. The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;

2. The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of Subsection LDO-528.04O, P, Q and R to the maximum extent practicable;

3. The applicant demonstrates that, in order to meet the requirements of Subsection LDO-528.04O, P, Q and R, existing structures currently in use, such as homes and buildings, would need to be condemned; and

4. The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection LDO-528.04D3 above within the upstream drainage area of the receiving stream that would provide additional opportunities to mitigate the requirements of Subsection LDO-528.04O, P, Q and R that were not achievable on-site.

E. Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management. Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection LDO-528.04O, P, Q and R. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.

F. Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this section, the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.

Table 1 Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Cistern	0%	Yes	No	—
Dry well(a)	0%	No	Yes	2
Grass swale	50% or less	No	No	2(e) 1(f)
Green roof	0%	Yes	No	—
Manufactured treatment device(a)(g)	50% or 80%	No	No	Dependent upon the device
Pervious paving system(a)	80%	Yes	Yes(b) No(c)	2(b) 1(c)
Small-scale bioretention basin(a)	80% or 90%	Yes	Yes(b) No(c)	2(b) 1(c)
Small-scale infiltration basin(a)	80%	Yes	Yes	2
Small-scale sand filter	80%	Yes	Yes	2
Vegetative filter strip	60% to 80%	No	No	—

(NOTE: Notes corresponding to annotations ^(a) through ^(g) are found at the end of table 3.)

Table 2 Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Bioretention system	80% or 90%	Yes	Yes(b) No(c)	2(b) 1(c)
Infiltration basin	80%	Yes	Yes	2
Sand filter(b)	80%	Yes	Yes	2
Standard constructed wetland	90%	Yes	No	N/A
Wet pond(d)	50% to 90%	Yes	No	N/A

(NOTE: Notes corresponding to annotations ^(b) through ^(d) are found at the end of Table 3.)

Table 3 BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Blue roof	0%	Yes	No	N/A
Extended detention basin	40% 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 LDO-528.04O2.
(b)	Designed to infiltrate into the subsoil.
(c)	Designed with underdrains.
(d)	Designed to maintain at least a ten-foot-wide area of native vegetation along at least 50% of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation.
(e)	Designed with a slope of less than 2%.
(f)	Designed with a slope of equal to or greater than 2%.
(g)	Manufactured treatment devices that meet the definition of green infrastructure at Subsection LDO-528.02.
(h)	Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection LDO-528.02.

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 Subsection LDO-528.06B. Alternative stormwater management measures may be used to satisfy the requirements at Subsection LDO-528.04O only if the measures meet the definition of green infrastructure at Subsection LDO-528.02. Alternative stormwater management measures that function in a similar manner to a BMP listed at Paragraph O2 are subject to the contributory drainage area limitation specified at Paragraph O2 for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this paragraph that do not function in a similar manner to any BMP listed at Paragraph O2 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 LDO-528.04D is granted from Subsection LDO-528.04O.

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 Subsection LDO-528.08C;

3. Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall be deemed to meet this requirement;

4. Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection LDO-528.08; 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 Subsection LDO-528.02 may be used only under the circumstances described at Subsection LDO-528.04O4.

K. Any application for a new agricultural development that meets the definition of "major development" at Subsection LDO-528.02 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection LDO-528.04O, P, Q and R and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this paragraph, "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 LDO-528.04P, Q and R shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.

M. Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the Clerk of the County of Monmouth.

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 LDO-528.04O, P, Q and R and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection LDO-528.10B5. Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.

N. A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection LDO-528.04 of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the Clerk in the County of Monmouth and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Paragraph M above. Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality in accordance with Paragraph M above.

O. Green Infrastructure Standards.

1. This paragraph 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 LDO-528.04P and Q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection LDO-528.04F and/or an alternative stormwater management measure approved in accordance with Subsection LDO-528.04G. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:

Best Management Practice	Maximum Contributory Drainage Area
Dry well	1 acre
Manufactured treatment device	2.5 acres
Pervious pavement systems	Area of additional inflow cannot exceed 3 times the area occupied by the BMP
Small-scale bioretention systems	2.5 acres
Small-scale infiltration basin	2.5 acres
Small-scale sand filter	2.5 acres

3. To satisfy the stormwater runoff quantity standards at Subsection LDO-528.04R, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Subsection LDO-528.04G.

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 LDO-528.04D 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 LDO-528.04G may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection LDO-528.04P, Q and R.

5. For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this paragraph 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 paragraph. 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 LDO-528.04P, Q and R, unless the project is granted a waiver from strict compliance in accordance with Subsection LDO-528.04D.

P. Groundwater Recharge Standards.

1. This subsection contains the minimum design and performance standards for groundwater recharge as follows:

2. The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection LDO-528.05, either:

(a) Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual pre-construction groundwater recharge volume for the site; or

(b) Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the two-year storm is infiltrated.

3. This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or to projects subject to Paragraph P4 below.

4. The following types of stormwater shall not be recharged:

(a) Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than reportable quantities as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with Department-approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and

(b) Industrial stormwater exposed to "source material." "Source material" means any material(s) or machinery, located at an industrial facility that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.

Q. Stormwater Runoff Quality Standards.

1. This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of 1/4 acre or more of regulated motor vehicle surface.

2. Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:

(a) Eighty percent TSS removal of the anticipated load, expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.

(b) If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.

3. The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Paragraph Q2 above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.

4. The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 4, below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.

Table 4 - Water Quality Design Storm
Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)
1	0.00166	41	0.1728	81	1.0906
2	0.00332	42	0.1796	82	1.0972
3	0.00498	43	0.1864	83	1.1038
4	0.00664	44	0.1932	84	1.1104
5	0.00830	45	0.2000	85	1.1170
6	0.00996	46	0.2117	86	1.1236
7	0.01162	47	0.2233	87	1.1302
8	0.01328	48	0.2350	88	1.1368
9	0.01494	49	0.2466	89	1.1434
10	0.01660	50	0.2583	90	1.1500
11	0.01828	51	0.2783	91	1.1550
12	0.01996	52	0.2983	92	1.1600
13	0.02164	53	0.3183	93	1.1650
14	0.02332	54	0.3383	94	1.1700
15	0.02500	55	0.3583	95	1.1750
16	0.03000	56	0.4116	96	1.1800
17	0.03500	57	0.4650	97	1.1850
18	0.04000	58	0.5183	98	1.1900
19	0.04500	59	0.5717	99	1.1950
20	0.05000	60	0.6250	100	1.2000
21	0.05500	61	0.6783	101	1.2050
22	0.06000	62	0.7317	102	1.2100
23	0.06500	63	0.7850	103	1.2150
24	0.07000	64	0.8384	104	1.2200
25	0.07500	65	0.8917	105	1.2250
26	0.08000	66	0.9117	106	1.2267
27	0.08500	67	0.9317	107	1.2284
28	0.09000	68	0.9517	108	1.2300
29	0.09500	69	0.9717	109	1.2317
30	0.10000	70	0.9917	110	1.2334
31	0.10660	71	1.0034	111	1.2351
32	0.11320	72	1.0150	112	1.2367
33	0.11980	73	1.0267	113	1.2384
34	0.12640	74	1.0383	114	1.2400
35	0.13300	75	1.0500	115	1.2417
36	0.13960	76	1.0568	116	1.2434
37	0.14620	77	1.0636	117	1.2450
38	0.15280	78	1.0704	118	1.2467
39	0.15940	79	1.0772	119	1.2483
40	0.16600	80	1.0840	120	1.2500

5. If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

R = A + B - (A x B)/100

Where:
R	=	total TSS Percent Load Removal from application of both BMPs; and
A	=	the TSS Percent Removal Rate applicable to the first BMP;
B	=	the TSS Percent Removal Rate applicable to the second BMP.

6. Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection LDO-528.04P, Q and R.

7. In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.

8. The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.

9. Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.

10. This stormwater runoff quality standards do not apply to the construction of one individual single-family dwelling, provided that it is not part of a larger development or subdivision that has received preliminary or final site plan approval prior to December 3, 2018, and that the motor vehicle surfaces are made of permeable material(s) such as gravel, dirt, and/or shells.

R. Stormwater Runoff Quantity Standards.

1. This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.

2. In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection LDO-528.05, complete one of the following:

(a) Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two-, ten-, and 100-year storm events do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events;

(b) Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten- and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;

(c) Design stormwater management measures so that the post-construction peak runoff rates for the two-, ten- and 100-year storm events are 50%, 75% and 80%, respectively, of the pre-construction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or

(d) In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Paragraph R2a, b and c above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.

3. The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.

§ LDO-528.05 Calculation of Stormwater Runoff and Groundwater Recharge.

[Added 3-8-2021 by Ord. No. 21-07]

A. Stormwater runoff shall be calculated in accordance with the following:

1. The design engineer shall calculate runoff using one of the following methods:

(a) The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at https://www.nrcs.usda.gov/Internet/FSE DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or

(b) The Rational Method for peak flow and the Modified Rational Method for hydrograph computations. The rational and modified rational methods are described in "Appendix A-9 Modified Rational Method" in the Standards for Soil Erosion and Sediment Control in New Jersey, January 2014. This document is available from the State Soil Conservation Committee or any of the Soil Conservation Districts listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number for each Soil Conservation District is available from the State Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625. The document is also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.

2. For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at Subsection LDO-528.05A1a and the Rational and Modified Rational Methods at Subsection LDO-528.05A1b. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

3. In computing pre-construction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts that may reduce pre-construction stormwater runoff rates and volumes.

4. In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 - Urban Hydrology for Small Watersheds or other methods may be employed.

5. If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.

B. Groundwater recharge may be calculated in accordance with the following: The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at https://www.nj.gov/dep/nigs/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.

§ LDO-528.06 Sources for Technical Guidance.

[Added 3-8-2021 by Ord. No. 21-07]

A. Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department's website at http://www.nj.gov/dep/stormwater/bmp_manual2.htm.

1. Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3.

2. Additional maintenance guidance is available on the Department's website at https://www.njstormwater.org/maintenance_guidance.htm.

B. Submissions required for review by the Department should be mailed to The Division of Water Quality, New Jersey Department of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.

§ LDO-528.07 Solids and Floatable Materials Control Standards.

[Added 3-8-2021 by Ord. No. 21-07]

A. Site design features identified under Subsection LDO-528.04F above, or alternative designs in accordance with Subsection LDO-528.04G above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection LDO-528.07A2 below.

1. Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

(a) The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or

(b) A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inch across the smallest dimension.

Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.

(c) For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.

2. The standard in Paragraph A1 above does not apply:

(a) Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than nine square inches;

(b) Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;

(c) Where flows from the water quality design storm as specified in N.J.A.C. 7:8 are conveyed through any device (e.g., end-of-pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

(i) A rectangular space 4.625 inches long and 1.5 inches wide (this option does not apply for outfall netting facilities); or

(ii) A bar screen having a bar spacing of 0.5 inch.

Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1].

(d) Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the Water Quality Design Storm as specified in N.J.A.C. 7:8; or

(e) Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

§ LDO-528.08 Safety Standards for Stormwater Management Basins.

[Added 3-8-2021 by Ord. No. 21-07]

A. This subsection sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This subsection applies to any new stormwater management Basin.

B. The provisions of this subsection are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management basins. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management basins to be retrofitted to meet one or more of the safety standards in Section LDO-528.08C1, C2, and C3 for trash racks, overflow grates, and escape provisions at outlet structures.

C. Requirements for Trash Racks, Overflow Grates and Escape Provisions.

1. A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the Stormwater management basin to ensure proper functioning of the basin outlets in accordance with the following:

(a) The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;

(b) The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;

(c) The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack; and

(d) The trash rack shall be constructed of rigid, durable, and corrosion resistant material and designed to withstand a perpendicular live loading of 300 pounds per square foot.

2. An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:

(a) The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.

(b) The overflow grate spacing shall be no less than two inches across the smallest dimension.

(c) The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.

3. Stormwater management basin 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 basin. With the prior approval of the municipality pursuant to Subsection LDO-528.08C, 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 2.5 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 LDO-528.08E for an illustration of safety ledges in a stormwater management basins; and

(c) In new stormwater management basins, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.

D. Variance or Exemption from Safety Standard. A variance or exemption from the safety standards for stormwater management basin may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.

E. Safety Ledge Illustration.

Elevation View - Basin Safety Ledge Configuration

§ LDO-528.09 Requirements for a Site Development Stormwater Plan.

[Added 3-8-2021 by Ord. No. 21-07]

A. Submission of Site Development Stormwater Plan.

1. Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection LDO-528.09C below as part of the submission of the application for approval.

2. The applicant shall demonstrate that the project meets the standards set forth in this section.

3. The applicant shall submit the specified number of copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection LDO-528.09C of this section and one electronic copy.

B. Site Development Stormwater Plan Approval. The applicant's Site Development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.

C. Submission of Site Development Stormwater Plan. The following information shall be required:

1. Topographic Base Map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.

2. Environmental Site Analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.

3. Project Description and Site Plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.

4. Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of Subsections LDO-528.03 through LDO-528.05 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.

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

(a) Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.

(b) Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.

6. Calculations.

(a) Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Subsection LDO-528.04 of this section.

(b) When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.

7. Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection LDO-528.10.

8. Waiver from Submission Requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection LDO-528.09C1 through 6 of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

§ LDO-528.10 Maintenance and Repair.

[Added 3-8-2021 by Ord. No. 21-07]

A. Applicability. Projects subject to review as in Subsection LDO-528.01C of this section shall comply with the requirements of Subsection LDO-528.10B and C.

B. General Maintenance.

1. The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.

2. The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.

3. If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.

4. Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.

5. If the party responsible for maintenance identified under Subsection LDO-528.10B3 above is not a public agency, the maintenance plan and any future revisions based on Subsection LDO-528.10B7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.) of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of non-vegetated linings.

6. The party responsible for maintenance identified under Subsection LDO-528.10B3 above shall perform all of the following requirements:

(a) Maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders;

(b) Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and

(c) Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection LDO-528.10B6 and 7, above;

(d) The maintenance plan and maintenance logs and any other required or requested documentation shall be sent annually, by December 31 of subject year, to the Neptune Township Department of Engineering and Department of Public Works.

7. The requirements of Subsection LDO-528.10B3 and 4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department. Maintenance and inspection guidance can be found on the Department's website at https://www.njstormwater.org/maintenance_guidance.htm.

8. In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the Municipal Engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or County may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.

C. Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

§ LDO-528.11 Violations and Penalties.

[Added 3-8-2021 by Ord. No. 21-07]

Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to penalties as outlined in the Neptune Township General Code Section 1.5, General Penalties.

§ LDO-528.12 Severability.

[Added 3-8-2021 by Ord. No. 21-07]

Each section, subsection, sentence, clause and phrase of this section is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.

§ LDO-528.13 Effective Date.

[Added 3-8-2021 by Ord. No. 21-07]

This section shall be in full force and effect from and after its adoption and any publication as required by law.

§ LDO-529 TOWNSHIP ACCEPTANCE OF STORMWATER MANAGEMENT SYSTEM.

[Added 3-12-2007 by Ord. No. 07-11]

An applicant for major subdivision approval shall be required to dedicate proposed stormwater management systems to the Township and shall enter into an agreement with the Township to that end. Such agreement shall be a condition of final approval and shall be fully executed prior to release of performance guarantees, and acceptance of the stormwater management agreement shall require payment of the fee set forth in Subsection LDO-530 in consideration of the Township assuming all future maintenance of the stormwater management facilities. The form of agreement shall be approved by the Township Attorney. The agreement, upon execution, shall be recorded by the applicant in the office of the County Clerk. The applicant shall thereafter file a copy of the recorded agreement with the Township. Upon certification by the Township Engineer that the performance guarantee for the project may be released, acceptance of the stormwater management facilities by the Township shall be specifically stated in the resolution authorizing the guarantee release. The Township shall retain the cash portion of the guarantee a sum equal to the maintenance fee approved as to amount by the Township Engineer in accordance with the formula in this Chapter. In the event that the cash portion of the guarantee is less than the required maintenance fee, the developer shall post the deficit in cash. Any interim performance guarantee reductions authorized by the Township shall not be construed to mean that all or any part of the stormwater management system has been accepted by the Township nor shall any such interim reduction reduce the cash portion of the guarantee to an amount less than the required maintenance fee. It shall be the applicant's responsibility to maintain the stormwater management system during construction.

§ LDO-530 STORMWATER MANAGEMENT MAINTENANCE FEE.

[Added 3-12-2007 by Ord. No. 07-11]

For purposes of this section, the calculation of the maintenance fee will be based on the type of stormwater management system which is to serve the development; that is, a surface system, such as a detention or retention basin and subsurface infiltration system or a combination of the above. The fee shall be determined as follows:

A. Surface Stormwater Management Systems (Detention or Retention Basins). The amount of the maintenance fee shall be the annual maintenance cost per acre multiplied by the twenty-five-year maintenance period multiplied by the maintenance area in acres. The maintenance area of the stormwater management basin shall be defined to be the area included within a line drawn around the top of the bank of the basin, plus an additional 25 feet outward from the top of the bank. The annual maintenance cost per acre shall be $1,025. The minimum contribution, regardless of the size of the basin, will be $10,000.

B. Surface Infiltration System. The amount of the maintenance fee shall be determined as follows: $1 per linear foot of the infiltration system per year for maintenance multiplied by a twenty-five-year period, plus twice the cost of the subsurface infiltration system (not including structures). The replacement cost shall be the amount of the performance guaranties for the subsurface infiltration system, plus the amount of $27.50 per linear foot for road repair for any portion of the roadway disturbed by such replacement determined by the Township Engineer. The minimum fee, regardless of the length of infiltration system, shall be $10,000.

C. Combination Systems. The required fee shall be based on a combined total of the above.