Township of Jackson, NJ Design Standards and Improvement Specifications

The municipal agency may grant such de minimis exceptions from the requirements of the site improvement standards adopted pursuant to N.J.A.C. 5:21 as may be reasonable and within the general purpose and intent of the standards if the literal enforcement of one or more provisions of the standards is impracticable or will exact undue hardship because of peculiar conditions pertaining to the development in question.

An application for an exception pursuant to this section shall be filed, in writing, with the municipal agency and shall include:

A statement of the requirements of the standards from which an exception is sought;

A statement of the manner by which strict compliance with said provisions would result in practical difficulties; and

A statement of the nature and extent of such practical difficulties.

Exceptions shall become a part of the construction documents and shall be retained by the municipal agency.

Within 30 days of granting a de minimis exception request, the secretary of a municipal agency agreeing to an exception pursuant to this section shall send a copy of the document(s) constituting the de minimis exception resolution and/or document to the New Jersey Department of Community Affairs, Division of Codes and Standards, 101 South Broad Street, CN 802, Trenton, NJ 08625-0802. Such notice shall be clearly marked "Site Improvement Exception(s)."

An application for an exception may also be an made by an officer or agency of the municipality.

Examples of de minimis exceptions include, but are not limited to, the following:

Reducing the minimum number of parking spaces and the minimum size of parking stalls;

Reducing the minimum geometries of street design, such as curb radii, horizontal and vertical curves, intersection angles, center line radii and others;

Reducing cartway width; and

Any changes in standards necessary to implement traffic calming devices.

The municipal agency's granting of a request for a de minimis exception shall be based on a finding that the requested exception meets the following criteria:

It is consistent with the intent of the Site Improvement Act;

It is reasonable, limited and not unduly burdensome;

It meets the needs of public health and safety; and

It takes into account existing infrastructure and possible surrounding future development.

Agreement to exceed standards.

[Added 6-8-1998 by Ord. No. 15-98]

A standard set forth in these rules may be exceeded when both the developer and the municipal agency agree that such exceeding of a standard is desirable under the specific circumstances of a proposed residential development.

Any agreement between developer and municipal agency to exceed a standard set forth in these rules shall be placed in writing by the developer.

The developer shall transmit forthwith to the Department notification of each agreement with a municipal agency to exceed any of the standards set forth in these rules.

§ 244-183 Blocks.

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

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

Interior crosswalks with a right-of-way 20 feet wide containing a sidewalk of four feet or greater in width and fenced on both sides may be required for blocks longer than 1,200 feet, from the ends of the culs-de-sac to adjacent streets and elsewhere as required by the public convenience, including the provision of walks giving access to schools, playgrounds and shopping centers, without the necessity of crossing traffic thoroughfares.

§ 244-184 Clearing and grading.

All grading, excavation or embankment construction shall be in accordance with the approved final plans and shall provide for the adequate disposal of all stormwater runoff and such groundwater seepage as may be encountered. All clearing, excavation and embankment construction shall be in accordance with the applicable requirements of the standard specifications. No excavated material may be removed from the site except in accordance with an approved final plan or without the prior approval of the Township Engineer. Where borrow excavation materials from off-site sources are required to complete the necessary grading, such material shall be subject to the approval of the Township Engineer.

Material which the Township Engineer judges unsuitable for use in embankments may be used for grading outside the roadway right-of-way or outside pavement areas with the permission of the Township Engineer. Any unsuitable material which cannot be satisfactorily utilized on the site shall be removed from the site and disposed of at places to be provided by the developer.

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

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

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

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

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

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

Unless otherwise required by the standard specifications or approved by the Engineer, all tree stumps, masonry and other obstructions shall be completely removed.

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

[Amended 9-11-2000 by Ord. No. 19-00]

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

Retaining walls installed in slope control areas shall be constructed of heavy treated timber or logs, reinforced concrete or other reinforced masonry or of other construction acceptable to the Engineer of the municipal agency and adequately designed and detailed on the final plat to carry all earth pressures, including any surcharges. The height of retaining walls shall not exceed 1/3 of the horizontal distance from the foundation wall of any building to the face of the retaining wall. Should the Township adopt, subsequently to this chapter, standard details for such construction, the same shall govern. Retaining walls will not be permitted in required buffer areas.

The developer shall take all necessary precautions to prevent any siltation of streams during construction. The developer shall provide adequate provisions in accordance with a Soil Erosion and Sediment Control Plan approved by the Ocean County Soil Conservation Service to prevent all deposition of silt or other eroded material in any stream or watercourse. Such provisions may include but are not limited to construction and maintenance of siltation basins or holding ponds and diversion berms throughout the course of construction.

§ 244-185 Concrete requirements.

All concrete used in any subdivision or site improvement shall be prepared in accordance with the requirements of the standards specifications for the various classes of concrete used.

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

§ 244-186 Curbs: nonresidential development.

[Amended 6-8-1998 by Ord. No. 15-98]

General requirements. Vertical concrete curb or granite (Belgian) block curb shall be constructed along both sides of every street within a subdivision and along all pavement edges within site developments for uses other than single-family or two-family homes. Where the site boundary is along an existing street, the curb need only be constructed on the side of the existing street adjacent to the site. Any existing pavements damaged by curb construction shall be repaired to the standards contained in this chapter or as may otherwise be approved by the Township Engineer. Concrete curb shall be constructed of Class B concrete, air-entrained, in accordance with the requirements of the standard specifications. Preformed bituminous cellular-type joint filler, 1/2 inch thick, cut to match the cross section of the curb, shall be used at all expansion joints at intervals not greater than 20 feet. Intermediate plate joints shall be provided at intervals not exceeding 10 feet. The curb cross section for vertical concrete curb shall be as shown on Exhibit 109-1.[1] Where the use of granite block curb is proposed, construction details shall be submitted for approval of the Township Engineer. The requirements of the standard specifications regarding curing precautions shall be strictly observed.

Editor's Note: Exhibit 109-1 is included at the end of this chapter.

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

Combination curb and gutter may be considered for use, subject to approval of the Township Engineer, in those areas having a pavement with a grade greater than 8% or less than 1%. When concrete curb and gutter is permitted, the gutter shall be eight inches thick and shall be constructed of Class B air-entrained concrete. Joints in the gutter shall be formed simultaneously with joints in the curb and shall be at the spacing specified for vertical concrete curb. The cross section for combination curb and gutter shall be as shown on Exhibit 109-2.[2]

Editor's Note: Exhibit 109-2 is included at the end of this chapter.

Where curb is to be constructed on streets under the jurisdiction of the County of Ocean, the county standards for curb shall be utilized. Generally, only one type of curb should be utilized on both sides of a street for the entire block length.

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

§ 244-187 Curbs and gutters: residential development.

[Added 6-8-1998 by Ord. No. 15-98]

Curbs, curbs and gutters and shoulders in all residential development shall be designed and constructed in accordance with Subchapter 4 (Streets and Parking) of N.J.A.C. 5:21 (Residential Site Improvement Standards), as amended.

§ 244-188 Easements.

Conservation easements.

All freshwater wetland areas and required adjoining buffer areas, as determined by the New Jersey Department of Environmental Protection, shall be included within conservation easements on subdivisions and site plans submitted to the municipal agency. The municipal agency may also require conservation easements to protect wooded areas and steep slope areas and along watercourses and drainage easements not delineated as freshwater wetlands.

Metes and bounds information for conservation easements shall be included on subdivision plat maps to be filed with the Ocean County Clerk. Deeds of easements shall be provided for conservation easements on site plans and on minor subdivisions which are to be filed by deed.

Such conservation easements shall contain provisions to restrict the removal of trees and ground cover except for the following purposes: removal of dead or diseased trees and thinning of trees and other growth to encourage the more desirable growth. The easements shall also prohibit filling or grading of the lands and the disposal of refuse or waste material of any type within the limits of the easement.

Drainage easements.

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

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

The width of drainage easements for stormwater conduits or constructed channels shall be a minimum of 15 feet or such additional width as may be required for the construction and maintenance of the proposed drainage facilities. The area of all retention and detention basins shall be contained within a drainage easement. The width of drainage easements for natural watercourses shall conform to the floodplain limits along both sides of the watercourse, except that, if the location of such watercourse is at or near the boundary of the subdivision, the dimensions of the easement and right-of-way shall be modified to retain it within the confines of the development. Said drainage easement or right-of-way shall include provisions assuring the following:

Preservation of the channel of the watercourse.

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

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

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

Sight triangle easements.

[Amended 6-8-1998 by Ord. No. 15-98]

Nonresidential development.

In addition to right-of-way widths required for the full design of all streets and the wider intersections as specified, sight triangle easements shall be required on all corners at all street intersections. Such easements shall include provisions to restrict the planting of trees or other plantings or the location of structures exceeding 30 inches in height that would obstruct the clear sight across the area of the easements and shall include a reservation to the public of a right-of-entry for the purpose of removing any object, natural or otherwise, that obstructs the clear sight. Such easements shall include triangular areas on each corner that are bounded by the right-of-way lines and straight lines connecting points on each right-of-way line which are 50 feet from the intersection of the right-of-way lines, or their prolongations, with points on the other intersecting street which are the following distances from the intersection of the right-of-way lines:

On local street or the minor collectors: 50 feet.

On major collectors: 150 feet.

On minor or major arterials: 250 feet.

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

Residential development. Sight triangles shall be in accordance with 1990 AASHTO's A Policy on Geometric Design of Highways and Streets standards and based on the speed limits established by the government agency having jurisdiction. Sight triangle easements shall be required and shall include the area of each street corner that is bounded by the line which connects the sight or the connecting points located on each side of the right-of-way lines of the intersecting street. The planting of trees or other plantings, or the location of structures exceeding 30 inches in height that would obstruct the clear sight across the area of the easements, shall be prohibited, and a public right-of-entry shall be reserved for the purpose of removing any object, material or otherwise, that obstructs the clear sight.

Shade tree and utility easement.

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

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

Adjacent and parallel to existing streets bordering the proposed development.

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

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

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

§ 244-189 Environmental impact statement.

General provisions.

The impact on the environment associated with development projects necessitates a comprehensive analysis of the variety of problems that may result and the measures that can be taken to minimize the adverse impacts. It is recognized that the level of detail required for the variety of development applications will vary depending on the size of the project, the site conditions, the location of the project and the information already in the possession of the Township.

Some flexibility is needed in preparing the environmental impact statement (EIS). The EIS requirements pertaining to different types of development applications are listed below.

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

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

All preliminary major subdivision applications where more than seven lots are created and/or preliminary major site plan applications involving the construction of 20,000 square feet of new gross floor area shall be accompanied by an environmental impact statement.

When, due to the particular characteristics of the site, the Planning Board or Zoning Board determines that review of the environmental impact statement is beyond the expertise of the professionals normally employed by the Township to review application materials, the reviewing Board may enlist the services of a qualified environmental scientist to review the materials submitted by the applicant. The qualified professional will report to the Planning Board or Zoning Board with copy to the Environmental Commission on the methodology utilized to assess the environmental impacts, the scope and comprehensiveness of the EIS and the credibility of the findings.

[Added 3-27-2006 by Ord. No. 07-06]

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

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

Township Master Plan.

Jackson Township Natural Resources Inventory.

Master plans of adjacent municipalities.

Ocean County Master Plan.

Regional and state planning guides.

Other pertinent planning documents.

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

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

Soils. The site location should be outlined on a copy of the Ocean County Soil Survey. Soil boring data shall be submitted as required in §§ 244-26B(25) and 244-30B(19). The location of the soil borings shall be presented on a plan of the site.

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

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

Topography and existing development features. Provide topographic contours and any existing features that are not considered to be part of the natural environment on the site and a minimum of 50 feet surrounding the site.

Wetlands and state open waters. Freshwater wetlands, transition area widths and state open waters shall be delineated and certified pursuant to the Freshwater Wetlands Protection Act Rules (N.J.A.C. 7:7A) outside of the State Pinelands Area and pursuant to the Pinelands Protection Act Rules[1] within the State Pinelands Area. The delineation report and plan shall be submitted as part of the EIS.

Editor's Note: See N.J.S.A. 13:18A-1 et seq.

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

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

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

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

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

(l)

Noise. Describe the existing noise conditions at the site.

(m)

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

(n)

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

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

Soil erosion and sedimentation resulting from surface runoff.

Flooding and floodplain disruption.

Degradation of surface water quality.

Groundwater pollution.

Reduction of groundwater capabilities.

Sewage disposal.

Solid waste disposal.

Vegetation destruction and disruption of vegetative communities.

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

Destruction or degradation of scenic and historic features.

Air quality degradation.

Noise levels.

Energy utilization.

Wetland impacts.

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

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

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

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

Report submission. The environmental impact statement, including appropriate references, shall be submitted to the Environmental Commission for its review and recommendation.

Environmental impact statement waiver. Notwithstanding the foregoing, the Planning Board may, at the request of an applicant, waive the requirements for an environmental impact statement if it finds that sufficient evidence has been submitted to support a conclusion that the proposed development will have a negligible environmental impact. Portions of such requirement may likewise be waived upon a finding that the complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project.

§ 244-190 Fences and walls.

General requirements.

Fences and walls shall function to:

Create privacy.

Separate areas.

Provide security.

Screen areas from view.

Aid in climate control.

Serve other necessary functions.

The design and materials of fences and walls shall be functional, shall compliment the character of the size and type of building with which they are associated and shall be suited to the nature of the project.

Walls may be constructed out of brick or stone or other maintenance-free material, subject to review and approval by the municipal agency. Concrete block, painted or unpainted, shall not be permitted.

Fences may be wooden or of another material, subject to review and approval by the municipal agency.

No fence or wall shall be constructed, installed or erected within a sight triangle or sight distance area so as to constitute a hazard to traffic or safety.

No fence or wall shall contain spikes, barbed wire, razor ribbon or any similar object.

The following fences and fencing construction materials are specifically prohibited in all districts in the Township of Jackson, except for agricultural purposes:

Barbed wire fences.

Canvas fences.

Cloth fences.

Electrically charged fences.

Expandable fences.

Collapsible fences.

All fences and walls must be erected within the property lines, and no fence or wall shall be erected so as to encroach upon a public right-of-way.

All supporting members of a fence shall be located on the inside of the fence, and if erected along or adjacent to a property line, the supporting members of the fence shall face the principal portion of the tract of land of the property upon which the fence is erected. The finished side of fences and walls shall face adjacent properties.

Solid fences and walls hereafter erected, altered or reconstructed in the front yard area of any zone in the Township of Jackson shall not exceed 30 inches in height.

Open fences located in the front yard area in any zone shall not exceed 48 inches in height. Fences exceeding 48 inches in height shall not extend forward of the front building line of any existing dwelling.

Fences and walls shall not exceed six feet in height above ground level when located in any side or rear yard, except as follows:

In any business or industrial zone, fences or walls not exceeding eight feet in height may be erected in the rear or side yard areas and behind the front building line.

On public park, recreation or school properties, open wire fences not exceeding eight feet may be erected, except that fences enclosing outdoor tennis courts, baseball backstops and other fences normally provided with recreation facilities may be open wire fences not exceeding 12 feet in height.

Fences specifically required by other provisions of this chapter and other municipal and state regulations.

Security and animal enclosure fencing within the RC Zone shall be exempt from the requirements of this section.

§ 244-191 Floor area requirements.

The following minimum gross habitable floor area requirements shall apply to all detached single-family dwellings:

One-bedroom dwelling: 860 square feet.

Two-bedroom dwelling: 960 square feet.

Three-bedroom dwelling: 1,060 square feet.

Four-or-more-bedroom dwelling: 1,160 square feet.

§ 244-192 Guardrails.

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

§ 244-193 Landscaping; buffer areas; screening; shade trees.

Landscaping.

Landscaping plans submitted with subdivision or site plan applications shall include the following:

A listing of proposed plantings, including the common and scientific name of each as well as the quantity of each.

The location of the proposed plantings. For large projects in which certain plant groupings repeat, a typical detail may be shown rather than drawing the individual plantings throughout. Symbols and a legend are desirable.

Size of material to be planted, including deciduous trees by caliper, shrubs, evergreens, small flowering and ornamental trees according to Standards of the American Association of Nurserymen.

Details of the methods to be used in welling, staking and guying, mulching and wrapping.

Ground covers to be used in design, which may be indicated as a mass planting, but spacing must be specified in the plant list.

Screening and buffer plantings as required by this chapter.

Plant selection.

On slopes, the landscape plan should recommend plantings that prevent erosion. Along major roads, the plantings should provide a buffer from noise and lights; on north slopes, plantings should serve as a wind screen; and to the south, the landscaping should provide shade from the sun. The overall landscaping plan should break up long buildings and screen parking service, utility and loading/unloading areas. The plan should provide for a variety of different species to protect against disease attacking all the trees. A variety should be selected with consideration for various seasons and of different colors, textures, shapes, blossoms and foliage. The plan should be particularly sensitive to local soil conditions; lack of or overabundance of water, topography and climatological factors. The type of tree, shrub or ground cover selected for a particular site should be based on expert advice as to the most appropriate species for the particular weather, soil conditions and proposed function of the plant.

Shade (street) trees. The following species shall be utilized as shade and/or street trees:

In areas of significant available moisture:

	Willow oak (Quercus phellos)
	Red maple (Acer rubrum)
	Green ash (Fraxinus pennsylvanica)
	Sweet gum (Liquidambar styraciflua)
	Sour gum (Nyssa sylvatica)
	River birch (Betula nigra) (single-trunked specimen)

In all other areas:

	Hop hornbeam (Ostrya virginiana)
	Red oak (Quercus rubra)
	White oak (Quercus alba)
	Chestnut oak (Quercus prinus)
	Scarlet oak (Quercus coccinea)
	Linden tree (Tilia cordata)
	Tulip tree (Liriodendron tulipifera)
	Sugar maple (Acer saccharum)
	White ash (Fraximus americana)
	Scholar tree (Sophora japonica)
	Mountain ash (Sorbus aucuparia)

Plant size. The following minimum sizes should be utilized for trees and shrubs unless otherwise approved by the municipal agency:

Shade trees: two inches caliper or 10 to 12 feet tall, whichever is greater.

Evergreens, ornamental and foundation trees: 1 1/2 to 1 3/4 inches B & B or five feet to six feet tall, whichever is greater.

Shrubs: two to 2 1/2 feet in height or spread, except in the case of dwarf species or varieties which do not attain this size.

Planting requirements:

All plant materials should conform to the horticulture standards as set forth by the American Association of Nurserymen.

Planting holes should be a minimum of 12 inches larger in diameter than the soil ball or root mass, excluding ground covers, and backfilled with a planting mixture incorporating a minimum of 25% of organic matter, by volume.

At least one tree of each variety planted should be tagged with a durable label bearing the following information:

Genus, species, variety and plant patent number, if a patented tree.

Cultural requirements, including watering and fertilization.

Trees should be staked in the following manner:

Two stakes driven a minimum of two feet into undisturbed soil outside the planting hole.

Stakes, when driven, should be 1/2 to 2/3 the height of the tree measured from ground level.

Stakes should be two inches diameter minimum at the thick end.

Stakes should be placed in line with prevailing winds.

Stakes should be attached to the tree with twelve-gauge galvanized wire covered with rubber or plastic hose, or tree ties especially manufactured for this purpose. The loop in contact with the tree shall be loose enough to permit growth and prevent girdling for two years, but shall be tightly bound to the stake to prevent slipping.

Wrapping. Each tree shall be wrapped with an expandable paper or cloth treated to last at least one year.

This wrap shall extend from the ground level up the trunk to the first branches.

This wrap should be attached or fastened at each end with a material that will permit tree growth.

Saucer. A ring of packed soil shall be placed around the finished planting hold of each tree.

This saucer shall be a minimum of four inches higher than the finished grade.

Saucers placed on slopes shall be level at the top and perpendicular to the tree trunk.

Plant material used should not be of a variety requiring substantial maintenance or material highly subject to pollution, salt damage along highways and current insect disease manifestations.

Trees and shrubs should be planted only when the soil is friable and not muddy.

Ground covers.

All planting beds must be covered to a depth of three inches, and type of covering to be used noted on the landscape plan.

All planted beds surrounded by grass should be edged by a physical edging flush with the soil to permit mowing.

Ground cover areas and steep banks greater than 15% should be planted with an approved ground cover and an approved mulch.

All seed mixtures and sod types must meet the approval of the Township Engineer.

Protection of existing trees and shrubs.

Trees designed to remain on the construction site should be protected with a physical barrier. Such physical barrier shall be clearly visible and consist of silt fencing or snow fencing or other suitable barrier. All such barriers shall be approved by the Planning Board or Township Engineer. The barrier shall be installed before any site clearing, grading, excavation or construction or installation of improvements is begun.

The grade of land located within six feet of a tree shall not be raised or lowered more than six inches unless compensated by welling or retaining methods herein described.

Tree wells shall be constructed around each tree or group of trees before any grades are increased. Wells shall be constructed of uncemented stone, block or any other suitable material. This well should be a minimum of three feet in diameter for a tree of four inches or less caliper, with the wall located 18 inches from the trunk, with the construction starting on existing grade so as not to disturb roots with foundation construction. For trees of more than four inches caliper, there should be added one foot to the diameter of the well for each inch of caliper over four inches, as measured 12 inches above natural ground level.

Retaining walls should be constructed around each tree or group of trees immediately after the grade is lowered. This retaining wall shall be constructed of railroad ties or any other suitable material, subject to approval by the Township Engineer.

Any cleaning within six feet of tree trunk should be done by hand. No equipment is to be run over this area, and no building materials are to be attached against the tree or within the area of the barrier.

No tree should support any scaffolding, signs, temporary utility or any other device. Topsoil is to be stockpiled in an area at least eight feet from any tree designated to remain.

Topsoil preservation. No topsoil shall be removed from the site or used as spoil, except excess topsoil remaining after all improvements have been installed in accordance with an approved site plan or subdivision map after topsoil has been redistributed. All topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide an even cover and shall be stabilized by seeding or planting. All regraded areas and all lawn areas shall be covered by a four-inch minimum thickness of topsoil. If sufficient topsoil is not available on the site, topsoil meeting the requirements of the standard specifications shall be provided to result in a four-inch minimum thickness.

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

Selective thinning. Throughout the development, except in areas specifically designated to remain in their natural state, in landscaped or buffer areas, on building lots and in open space areas for public or quasi-public use, the developer shall selectively thin or remove all dead or dying vegetation, either standing or fallen, and shall remove, including grubbing out stumps, all undesirable trees and other growth.

Buffer areas.

All proposed uses, other than single-family and two-family dwellings shall provide buffer areas along all side and rear property lines which abut areas zoned for residential use and along front property lines on local, minor collector and major collector streets which abut areas zoned for residential use. Except as may otherwise be provided in this chapter, the width of the buffer area shall be not less than 10 feet or more than 50 feet, in accordance with the minimum provided for in the following schedule or as determined to be appropriate by the municipal agency.

Building size less than 15,000 square feet: 10 feet.

Building size 15,000 to 50,000 square feet: 25 feet.

Building size greater than 50,000 square feet: 35 feet.

If a proposed residential subdivision abuts a major collector or minor or major arterial or an area zoned for or occupied by nonresidential uses, the municipal agency shall consider the need for buffer areas and may require that:

A buffer strip not exceeding 50 feet in width be provided and maintained in its natural state and/or suitably planted with screening and landscaping;

The adjacent lots front on an interior street and have sufficient depth to provide suitable screening and landscaping planted at the rear; or

Other suitable means of separation be provided.

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

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

Prohibited activities within buffer areas:

Removal, excavation, grading or disturbance of the soil.

Dumping or filling with any materials.

Erection of structures.

Placement of pavements or any impervious cover.

Destruction of plant life which would alter the existing pattern of vegetation or cause substantial change of the buffer, including but not limited to clear cutting, burning or application of herbicides.

Conditional activities. The following activities may be conducted in buffer areas, provided that the activities are performed in a manner that minimizes adverse effects to the buffer area:

Normal property maintenance, which means activities required to maintain lawfully existing artificial and natural features, and landscaping.

Mowing of existing lawn or field.

Pruning of trees and shrubs.

Selective cutting of trees with the approval of the Township Forester.

Replacement of existing nonnative plants with either native or nonnative species.

Limited supplemental planting of nonnative species that will not significantly change the character of the existing vegetational community of the buffer area. The creation of lawn is not considered supplemental planting.

Planting of native species.

Maintenance of artificial features, including the repair, rehabilitation, replacement, maintenance or reconstruction of any previously authorized serviceable structure.

Temporary placement of scaffolds, ladders or construction supports for a period not to exceed six months.

Removal of human-made debris by nonmechanical means which does not destroy woody vegetation.

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

Location.

The location of screening within buffer areas wider than 20 feet shall be arranged in order to provide maximum protection to adjacent properties and to avoid damage to or interference within desirable existing plant material and shall be subject to approval by the municipal agency. Possible arrangements include but are not limited to those shown in Exhibits 109-3, 109-4 and 109-5.[1]

Editor's Note: Exhibits 109-3, 109-4 and 109-5 are included at the end of this chapter.

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

Except as otherwise provided elsewhere in this chapter, the screening area shall be a minimum of 20 feet in width and shall be planted with evergreen trees approved by the municipal agency. Trees shall be planted in two staggered rows eight feet apart and shall be between five feet and six feet in height and shall conform to the current American Standard for Nursery Stock sponsored by the American Association of Nurserymen, Inc. Within each row, the trees shall be planted on six-foot centers. (See Exhibit 109-6 at the end of this chapter.)

Where significant trees or significant native vegetation exists within a screening area, they should be retained and supplemented with shade-tolerant evergreen plantings to provide the equivalent of the required screening as determined by the municipal agency.

Where all proposed buildings, parking areas and other improvements are located 100 feet or more from a property line abutting a residential zone or use, the municipal agency may permit a screening area 10 feet in width planted with a single row of evergreen trees in a location approved by the municipal agency, planted at five-foot intervals with a minimum height of five feet to six feet to be substituted for the screening area required in Exhibit 109-6. (See Exhibit 109-7 at the end of this chapter.)

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

All trees in a screening area shall be watered weekly through the first growing season. The developer shall construct an earth saucer around each tree to hold water and fill with suitable mulch. Trees shall be nursery-grown, balled and bagged, sheared and shaped, of the required height and planted according to standards of the American Association of Nurserymen, Inc.

At the following locations within required screening areas, evergreen shrubs with a maximum mature height of 30 inches or less, approved by the municipal agency as to type, location and spacing, shall be provided in lieu of the evergreen trees specified above:

Within sight triangle easements.

Within 25 feet of intersections where sight triangle easements are not provided.

Within 25 feet of access drives.

Waiver. The municipal agency, after recommendation by its professional staff and Environmental Commission, and after examination and review, may waive, fully or partially, provisions of this section in heavily wooded areas, in areas unsuitable for plantings or because of other exceptional conditions and/or may require supplementary plantings.

Shade trees. In each subdivision of land, the developer shall plant trees in accordance with the following:

Within shade tree easements, or between the sidewalk and property line where easements are not provided, shade trees shall be planted at a minimum distance of 40 feet apart and a maximum of 50 feet apart.

Shade trees shall be planted a minimum of five feet from sidewalks and driveways and a minimum of 25 feet from street intersections or streetlights.

In addition to required street trees where existing trees to be saved are insufficient, the developer shall plant supplemental shade trees such that each lot shall have shade trees at a minimum rate of six shade trees per acre of lot area. The Planning Board may require, at its discretion, additional shade tree plantings based upon site conditions.

§ 244-194 Lots.

Lot and block numbers.

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

Prior to final plat approval by the municipal agency, two (2) copies of the map shall be submitted to the Tax Map Consultant for proper assignment of lot and block numbers. One copy of said map shall be returned with the new lot and block numbers shown. The other copy will be retained for Tax Map purposes.

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

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

Lot frontage. Each lot shall front on an improved street accepted or to be accepted by the Township.

Lot line on widened street. Where extra width is to be provided for the widening of existing streets, lot measurements shall begin at the proposed right-of-way line, and all setbacks shall be measured from such lines, unless otherwise provided by this chapter.

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

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

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

That some other suitable arrangement is made.

Driveways.

All structures must be accessible by means of a driveway which shall be not less than 10 feet wide and which shall have a center-line grade of not less than 0.5% and not greater than 10%.

All non-single-family uses shall provide on-site turnarounds to eliminate the necessity of any vehicles backing onto any street.

Driveways for all non-single-family uses shall be constructed in accordance with the requirements of § 244-197.

Driveways for single-family uses shall be constructed of bituminous concrete, portland concrete or gravel according to the following specifications:

Bituminous concrete driveways shall consist of 1 1/2 inches of bituminous concrete Type FABC on a six-inch-thick crushed-stone base.

Concrete driveways shall consist of a minimum of four-inch-thick Class B concrete, shall be air-entrained and shall be reinforced with 10/10 welded wire fabrics six inches by six inches or the equivalent approved by the Township Engineer.

Driveways fronting on other than minor streets shall be T-type, or an equivalent approved by the Township Engineer, permitting vehicles to turn around in the driveway areas.

Driveways for their entire length and at the sidewalk or property line shall be a minimum of 12 feet wide for a one-car driveway and 16 feet for a two-car driveway.

Driveways must be extended to the existing edge of the pavement, curbline or edge of roadway and shall be a minimum of 14 feet in width and tapering to not less than 12 feet at the property line or sidewalk for a one-car driveway and 18 feet in width tapering to not less than 16 feet for a two-car driveway.

If proposed front yard building setbacks are a minimum of 20 feet in excess of the required front yard setback, a minimum of six inches of compacted stone may be substituted for a paved driveway. Except for driveways on unimproved roadways, the driveway must be confined at its terminus at the roadway with either a concrete apron or sidewalk meeting the requirements of § 244-203 to prevent the stone from accumulating on the roadway.

§ 244-195 Monuments.

Monuments shall be of a size and shape required by Section 4 of Chapter 358 of the Laws of 1953[1] and shall be placed in accordance with said statute.

Editor's Note: See now N.J.S.A. 46:23-9.9 et seq.

§ 244-196 Off-street loading.

For every building, structure or part thereof having over 10,000 square feet of gross floor area erected and occupied for any use other than residential, there shall be provided at least one truck standing, loading and unloading space on the premises, not less than 12 feet in width, 35 feet in length and with a minimum vertical clearance of 14 feet. Buildings that contain an excess of 15,000 square feet of gross floor area shall be required to provide additional off-street loading spaces as determined by the municipal agency during site plan review.

Access to truck standing, loading and unloading areas shall not be provided directly from a public street or alley or from any right-of-way.

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

Loading areas, as required under this section, shall be provided in addition to off-street parking spaces and shall not be considered as supplying off-street parking spaces and shall not be located within any driveway aisle or conflict with parking space access.

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

§ 244-197 Off-street parking: nonresidential development.

[Amended 6-8-1998 by Ord. No. 15-98]

In all zoning districts and in connection with every industrial, commercial, institutional/professional, recreational, or any other use, there shall be provided off-street parking spaces in accordance with the following requirements and parking lot standards:

Type of parking permitted. Each dead storage bay of an off-street parking space may be perpendicular to the aisle, parallel to the aisle or at any angle between 60° and 90°. No angle parking layout shall be permitted with an angle of less than 60°.

Stall size.

Automobiles. Each perpendicular or angle off-street parking space shall occupy a rectangular area of not less than nine feet in width and 18 feet in depth exclusive of access drives and aisles, except that parking spaces for the physically handicapped shall be 12 feet wide. The Planning Board may, at its sole discretion, require that all or a portion of required off-street parking spaces be a minimum of 10 feet in width. Where sidewalks occur in parking areas, parked vehicles shall not overhang or extend over the sidewalk unless an additional sidewalk width of two feet is provided in order to accommodate such overhang. Parallel parking spaces shall occupy a rectangular area of 10 feet by 23 feet.

Other vehicles.

Uses that own, rent or service motor vehicles larger than automobiles which must be parked and/or stored on the site shall indicate, in a statement of operations submitted with the site plan, the size of such vehicles and the anticipated largest number of such vehicles to be stored and/or parked on the site at any single time, and the site plan shall show a sufficient number of parking and/or storage stalls at an adequate size for the largest number of such vehicles to be parked and/or stored on the site at any one time. Aisles providing for access to such parking and/or storage stalls shall be of adequate width for the vehicles to be served.

Failure of an applicant to indicate, where applicable, in the statement of operations that vehicles larger than automobiles are to be parked and/or stored on the site and provide for such parking and/or storage on the site plan shall be a violation of this chapter, and any building permit or certificate of occupancy that has been issued shall not be valid and may be revoked.

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

Aisle widths.

Aisles from which cars directly enter or leave parking spaces shall not be less than 24 feet wide for perpendicular parking or for parking at any angle greater than 60° and 20 feet wide for sixty-degree-angle parking, except that all two-way aisles shall be a minimum of 24 feet wide.

Only angle parking stalls or parallel parking stalls shall be used with one-way aisles.

Access drives.

Entrance and exit drives shall have a minimum width of 18 feet for those designed for one-way traffic and 24 feet for those carrying two-way traffic.

Parking areas for 25 or more cars and access drives for all parking areas on major or minor arterials shall provide curbed return radii of not less than 15 feet for all right-turn movements and left-turn access from one-way streets and concrete aprons on entrance and exit drives.

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

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

Curbing. The perimeter of all parking areas and internal islands within all parking areas open to the general public shall have continuous cast-in-place concrete curbing (see Exhibit 109-1 at the end of this chapter) with a six-inch face or such alternate curb types as may be approved by the municipal agency at the time of site plan approval. The municipal agency may waive the requirement for curb areas open only to service vehicles or for loading and unloading, provided that drainage, vehicle control and safety are properly accommodated by alternate means.

Paving. All parking areas shall provide pavement in accordance with the requirements of local street and minor collector streets set forth in § 244-210, except as follows:

Parking areas for fewer than 25 cars, which the municipal agency determines are not likely to be utilized by heavy truck traffic or drive-up window service, may be paved with two inches of pavement, Type FABC-1, over a six-inch gravel base, all in accordance with the specifications contained in § 244-196 of this chapter.

In parking areas for over 100 cars, the municipal agency may require that access drives and aisles provide a minimum surface of not less than two inches of pavement, Type FABC-1, a minimum bituminous stabilized base course of not less than three inches and a dense graded aggregate base course of six inches in conformance with the standards of § 244-210. Alternate design specifications may be approved subject to approval by the Township Engineer.

Location of parking.

Parking areas in residential zones for uses other than single-family and two-family dwellings may be located in the rear or side yard but shall not be located in any required front yard setback.

No area shall be used for parking unless it is large enough to provide for at least three contiguous stalls.

Where parking is permitted between the front building line and the right-of-way line, whether by this chapter or variance, a safety island or raised median separating the public street from the parking area shall be provided in accordance with the following minimum requirements:

The width of the safety island shall be that width between the proposed curbline and a point eight feet inside the property line. When this width is less than 18 feet, the parking area shall be reduced to provide a minimum width for the safety island of 18 feet. All required tree and shrub plantings shall be placed on the on-site portion of the safety island.

When perpendicular or angled parking spaces abut the safety island, the stall depth may be measured from a point one foot outside the face of the curb for perpendicular spaces or angled spaces greater than 60° and two feet outside the face of curb for sixty-degree-angle spaces. Such parking spaces shall be separated from access drives by curbed islands with a minimum width of 10 feet.

Safety islands shall be landscaped, topsoiled and be provided with a cover or mulch of maintenance-free materials which provide a clear and unmistakable distinction between the parking area and the safety island.

Notwithstanding the use of maintenance-free materials, there shall be provided an average of at least one deciduous tree two inches in diameter at breast height every 40 feet, or part thereof, on all safety islands. For each tree provided, a minimum of three shrubs shall also be planted. The portions of the safety island within 25 feet of any access drive or street intersection shall be planted with shrubs less than 30 inches in height. The plantings provided need not be arbitrarily arranged in regular, geometric patterns. Continuous massing of plants of single species and plantings which visually relate and unify the design are preferable. Alternate or additional plantings may be permitted by the municipal agency in accordance with an approved site plan. All parking lot landscaping shall be of such quality as to improve and enhance the site and its surrounding areas. Appropriate places for landscaping include the raised walkways or sidewalk areas at the end of bays and in specific planting islands established throughout the lots. In narrow islands, low-spreading and low-maintenance plants shall be used. Where more space is available, taller shrubs shall be used.

No commercial signs, light standards or other aboveground obstructions other than plantings and traffic control devices and signs shall be permitted within 10 feet of the street right-of-way.

All required parking spaces and facilities shall be located on the same lot or parcel as the structure or use it shall serve. In the case of nonresidential uses, parking facilities may be provided on other lots or parcels within a radius of 300 feet from the boundary of the lot containing the use to which said parking spaces and facilities are accessory, provided that said lots are in the same ownership as the lot containing the principal use and subject to deed restrictions binding the owner and his heirs, successors and assigns to maintain the required number of spaces available and required facilities throughout the life of such use.

Required parking spaces for the physically handicapped shall be located to provide convenient access to building entrances by way of depressed curbs and ramps in accordance with state regulations. Parking spaces for the physically handicapped shall be a minimum of 12 feet in width, and the number of spaces to be provided shall be determined by the following table:

	Total Parking Spaces in Parking Area	Minimum Number of Spaces to be Provided for Physically Handicapped
	Up to 50	1
	51 to 200	2
	Over 200	2, plus 1% of the number of spaces over 200 rounded to the next higher whole number

Number of parking lot spaces.

Parking lots having 50 or fewer spaces shall be designed to provide the following minimum design requirements:

A safety island in accordance with Subsection I above, where parking is provided in the front yard area.

An unbroken landscaping strip along side and rear property lines a minimum of 10 feet in width. These landscaping strips shall have the same minimum planting requirements as safety islands, except that:

Where screening is required under this chapter, the screening requirements shall take precedence.

Where the property abuts a lot zoned for nonresidential purposes, but utilized for residential purposes, the municipal agency may also require screening.

Not more than one two-way access drive or two one-way access drives shall be permitted on any street.

Where possible, access drives shall not be located closer than 100 feet to the nearest right-of-way line of an intersecting street.

No parking stall shall be located to require a vehicle to back into any portion of the right-of-way in order to enter or exit the parking stall.

All parking areas for 10 or more vehicles shall have artificial lighting that will provide a minimum lighting level of 0.5 horizontal footcandle throughout the parking area and access drives. For multifamily uses, such lights shall be operated from dusk to dawn and for all other uses when the site or structure is occupied. Freestanding light poles shall be no higher than the height of the highest principal building or 30 feet, whichever is less. Shielding shall be required where necessary to prevent light trespass glare upon adjacent properties or streets.

Large parking areas.

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

All the minimum design standards for small parking areas.

Entrance and exit drives.

All entrance drives shall extend a minimum distance of 100 feet back from the street right-of-way or to a parking access aisle or major circulation drive.

All exit drives shall extend a minimum distance of 60 feet back from the street curb or to a parking access aisle or major circulation drive.

No parking stalls shall utilize the required entrance and exit drives or major circulation drives as parking access aisles.

Access drives.

Wherever feasible, access drives located along one-way streets or divided roadways shall be separated one-way drives. Said drives shall be located so that vehicles enter the parking area at the beginning of the property and exit at the far end of the property unless other considerations, such as a median opening, dictate otherwise.

Access drives shall not be located closer than 100 feet to the nearest right-of-way line of an intersecting street, except that for uses such as shopping centers which, in the opinion of the municipal agency, will generate large traffic volumes, access drives shall not be located closer than 200 feet to the nearest right-of-way line of an intersecting street.

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

[d]

Properties having a continuous frontage in excess of 500 feet on any one street shall be permitted two-way and one-way access drives providing for not more than two entrance and two exit movements on the street. Properties having a continuous frontage in excess of 1,000 feet on any one street may be permitted to have additional access drives subject to the approval of the municipal agency.

Where the municipal agency determines that the total number of off-street parking spaces required by this chapter may not be immediately required for a particular use, it may permit a staged development plan which requires that only a portion of the parking area, but not less than 65% of the required spaces, be completed initially, subject to the following regulations:

The site plan shall clearly indicate both that portion of the parking area to be initially paved and the total parking needed to provide the number of spaces required by this chapter.

The site plan shall provide for adequate drainage of both the partial and total parking areas.

The portion of the parking area not to be paved initially shall be landscaped in accordance with a plan approved by the municipal agency.

The applicant shall post separate performance guaranties, in addition to the performance guaranties required under Article V of this chapter, which shall reflect the cost of installing the additional parking facilities necessary to provide the total number of parking spaces required.

In lieu of a permanent certificate of occupancy, a temporary certificate of occupancy shall be issued for a time period not to exceed two years. Prior to the expiration of the allotted time period, the applicant may either install the additional parking shown on the approved site plan and apply to the Construction Official for issuance of a permanent certificate of occupancy or apply to the municipal agency after the use has been in operation a minimum of 18 months for a determination as to whether or not the initial parking area provided is adequate. If the municipal agency determines that the parking facility is adequate as originally constructed, the performance guaranties may be released and a permanent certificate of occupancy issued. If, however, the municipal agency determines that the partial off-street parking area is not adequate, the applicant shall be required to install the additional parking facilities in accordance with the terms of the performance guaranties prior to the issuance of a permanent certificate of occupancy.

[6]

Any change of use, on a lot or parcel for which the municipal agency may have approved a partial paving of off-street parking areas, to a use which requires more parking spaces than are provided on the site shall require submission of a new site plan for the entire lot or parcel.

Parking area landscaping. Landscape island areas should be provided at the end of parking rows where parking access aisles intersect circulation drives. In addition, large parking areas should provide landscaped dividing strips which separate the parking area into smaller areas containing 50 spaces or less. The plantings required within the parking area shall be considered exclusive from any other plantings that may be required for screening or safety island planting. All landscaping for end islands and dividing strips shall be shown as part of the detailed landscaping plan submission, where required. The following criteria shall apply for internal landscaped end islands and dividing strips:

They should have a minimum width of 10 feet.

They shall be topsoiled, and turf grass or other vegetative ground cover shall be provided. The use of maintenance-free material other than seeding and topsoil may be permitted if the same provides a safe and attractive alternative.

Unless otherwise approved by the municipal agency, they shall be planted with deciduous trees of two-inch diameter at breast height with an average distance between trees at ground level of 40 feet. All trees shall be planted in a dormant state and in accordance with the appropriate requirements of § 244-193. The area between trees shall be planted with an average of three shrubs. The plantings provided need not be arbitrarily arranged in regular geometric patterns. Continuous massing of plants of single species, and plantings which visually relate and unify the design are preferable.

The depth of perpendicular or angled parking stalls which abut a landscaped dividing strip may be measured from a point one foot outside the face of the curb for perpendicular spaces or angled spaces greater than 60° and two feet outside the face of the curb for sixty-degree-angle spaces.

Retaining walls and embankment slopes.

In the event that parking is proposed on a lot or site having a slope greater than 10%, regardless of size, it shall be terraced, utilizing retaining walls or properly reinforced embankment slopes and providing for adequate safety, stability and drainage. At no time should an embankment slope that is not reinforced, or any other earthen material having a greater elevation than the adjacent parking area, have a slope exceeding a ratio of 3:1.

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

Access to adjoining property. No unrestricted vehicular access shall be permitted between adjacent properties. Vehicular access, if agreed upon by the owners or possessors of adjacent properties, or if required by the municipal agency, shall normally be limited to one opening with a minimum aisle width of 24 feet, providing two lanes of traffic, and shall be located in such a manner as to offer continuity of a similar access drive on the adjacent property. The opening shall occur at a point having the greatest distance from the street line which would facilitate the joining of properties. Access shall normally be denied across the remainder of the side lines by construction of a landscaped dividing strip, 10 feet in width, on the property being developed. If and when the adjacent property is developed, there shall be a similar dividing strip at least 10 feet wide. All dividing strips shall be landscaped as provided in this section. The municipal agency may also require that provision be made for future connection to adjacent undeveloped properties.

Required parking spaces.

[Amended 12-23-2002 by Ord. No. 50-02; 12-12-2023 by Ord. No. 31-23]

Minimum off-street parking spaces required.

Type of Establishment	Number of Spaces
Automobile repair shop	1 for each 400 square feet of gross floor area
Automobile sales establishment	1 for each 400 square feet of gross floor area shall be provided for customer and employee parking. These areas shall be in addition to areas utilized for display and storage of vehicles. Site plans shall specify which parking spaces are designated for customers, employees, display and storage.
Automobile service station	5 for each service bay, exclusive of vehicle service area. In no instance shall there be fewer than 5 off-street parking spaces.
Banks, savings and loan associations and similar financial institutions	1 for each 200 square feet of gross floor area
Bar, cocktail lounge, nightclub, including restaurants with bars	1 for each 50 square feet of gross floor area
Barber and beauty shop	3 for each chair (if known), but not less than 1 per 200 square of gross floor area
Boat sales	1 1/2 for each 1,000 square feet of land area in the site
Bowling alley	5 for each alley. Other commercial uses within the same building will be computed separately in accordance with this section.
Business office [Amended 12-23-2002 by Ord. No. 50-02]	1 for each 200 square feet of gross floor area
Car washes	5 for employees, plus off-street storage (stacking) space equal to at least 5 times the number of cars that can be in the wash process at 1 time
Places of worship	If the place of worship contains less than 800 square feet of main sanctuary space there shall be no requirements for parking, if more than 800 square feet, then the following shall be required for main sanctuary space (main sanctuary areas shall not include secondary sanctuary space, religious bathing facility, hallways, bathrooms, kitchen, and other ancillary and/or support rooms): 800 square feet to 1,999 square feet - 1.0 spaces for every 100 square feet 2,000 square feet to 2,999 square feet - 1.25 spaces for every 100 square feet 3,000 square feet - 1.50 spaces for every 100 square feet
	If any assembly area within the building is over 800 square feet, the following shall apply (in addition to the required parking for a place of worship):+n800 square feet to 1,999 square feet - 0.75 spaces for every 100 square feet+n2,000 square feet - 1.0 spaces for every 100 square feet
Community center, library, museum, art gallery	1 for each 200 square feet of gross floor area
Community club, private club, lodge	1 for each 100 square feet of gross floor area
Convalescent home, nursing home, rest home	1 for each 2 beds, based on its licensed bed capacity
Convention or conference center, meeting rooms, assembly or exhibition hall	1 for each 50 square feet of gross floor area
Dwellings	2 for each dwelling unit in single-family homes, 2-family homes, attached dwellings or multifamily dwellings
Dental or medical offices	1 for each 150 square feet of gross floor area, except that if located within a building housing 3 or more separate, unassociated practitioners, the requirement shall be 1 parking space for each 200 square feet of floor area
Drive-in restaurant	1 for each 35 square feet of gross floor area
Driving range, miniature golf	1 for each tee or hole
Farmers' market	1 for each 1,000 square feet of land area in the site
Furniture and appliance stores or similar types of uses requiring large amounts of storage	1 for each 400 square feet up to 4,000 square feet, plus 1 parking space for each 800 square feet of gross floor area above 4,000 square feet
Government office	To be determined by the municipal agency, except that governmental offices within privately owned buildings shall provide a minimum of 1 parking space for each 150 square feet of gross floor area
Hardware and auto supply stores	1 for each 400 square feet of gross floor area
Hospital (general, mental, sanatorium)	1 for each 2 beds based on its licensed capacity
Hotel, motel	1 for each guest unit, plus 10 for each 1,000 square feet of gross floor area devoted to other commercial uses
Laundromat or similar coin-operated cleaning establishment	1 for each 200 square feet of gross floor area
Manufacturing or industrial establishment, research or testing laboratory, bottling plant or similar uses	1 for each 500 square feet of gross floor area
Mortuary, funeral home	1 for every 100 square feet of gross floor area
Nursery school, child-care center, day camp or similar use	1 for each 500 square feet of gross floor area
Professional office	1 for each 200 square feet of gross floor area
Public and private utilities, electrical substation, gas regulator, waterworks, pumping station and similar facilities	To be determined by the municipal agency based on the specific need of the use
Restaurant, cafe, diner, luncheonette	1 for each 50 square feet of gross floor area
Recreation facilities	Those not specifically mentioned shall be determined by the municipal agency
Retail stores, except otherwise specified	1 for each 200 square feet of gross floor area
Studio (art, music, dance, gymnastics and similar for the purpose of giving instruction rather than shows or exhibitions)	1 for each 100 square feet of gross floor area
Schools (multiple categories below may apply)
Primary	1 for each faculty member, staff or employee, plus 2 for each classroom, and 1 per 50 square feet of assembly area utilized for educational purposes, excluding classrooms, dining hall/area, tutoring rooms, or other interior space that has already been accounted for.
Secondary	1 for each faculty member, staff or employee, plus 3 for each classroom, and 1 per 50 square feet of general assembly area utilized for educational purposes, excluding classrooms, dining hall/area, tutoring rooms, or other interior space that has already been accounted for.
Higher learning institution	1 for each faculty member, staff or employee, plus 4 for each classroom, and 1 per 50 square feet of general assembly area utilized for educational purposes excluding any student dining hall/area and library areas, or other interior space that has already been accounted for.
Student Residence	Per R.S.I.S. requirements (See N.J.A.C. 5:21), less one space allocated to each student residing in the residence provided the student residence is located on the same lot as or an adjacent lot to the higher learning institution or secondary school.
Mixed-Use/Shared Parking	Upon demonstration that parking requirements overlap or uses exhibit complementary parking patterns, parking requirements set forth herein may be reduced. A shared parking demand study prepared by a licensed engineer is required and should provide an analysis regarding the time of utilization and need, peak demand, mode split and any other data point considered an industry standard.
Dormitory	1 space per 2 beds unless the dormitory is located on the same or adjacent lot to the higher learning institution or secondary school in which case no parking would be required.
Faculty Residence	Per R.S.I.S. requirements (See N.J.A.C. 5:21), less one space allocated to each faculty member residing in the residence provided the faculty residence is located on the same lot as or an adjacent lot to the higher learning institution or secondary school.
Overlapping types of establishments	Upon demonstration that parking requirements overlap, parking requirements may be reduced. A shared parking demand study is required and should indicate the parking overlap, provide an analysis regarding the time of utilization and need, peak demand, mode split and any other data points considered an industry standard.
Shopping centers	6 for each 1,000 square feet of gross floor area for centers having less than 500,000 square feet. Shopping centers having 500,000 square feet or more shall provide parking at the rate of 5.5 spaces for each 1,000 square feet of gross floor area, except that if the use of said formula shall produce 2,500 parking spaces or more, then parking shall be provided at the rate of 5 spaces for each 1,000 square feet of gross floor area. If more than 5% of the enclosed gross floor area of any shopping center is occupied by malls, lobbies, corridors, heating plants or other space not utilized for direct commercial purposes which, in the opinion of the municipal agency, will not generate a need for parking, the municipal agency may allow the parking required to be based on the gross leasable area of the shopping center at the above rate. The "gross leasable area," for the purpose of this chapter, shall be defined as the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors.
Stadium	1 for every 2 1/2 seats, plus an area designed and designated to accommodate buses at a rate of 1 bus for every 500 seats
Standalone religious bathing facility	1 space per changing room, plus 1 space per 400 square feet of associated reception or office space
Theater	1 for each 35 square feet of gross floor area
Veterinary clinics or hospitals or animal care facilities	1 for each 400 square feet of gross floor area
Warehouse, wholesale, machinery or large equipment sales	1 for each 1,500 square feet of gross floor area, plus 1 for each vehicle used in connection with the business

Criteria for determining required parking spaces.

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

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

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

One space shall be required for each faculty member, staff or employee identified to be on-site at one time under standard operating conditions for any primary or secondary school or higher learning institution.

Nothing in the above requirements shall be construed to prevent the joint use of off-street parking facilities by two or more uses on the same site provided the number of spaces equals the sum of the requirements for the individual uses or, in the alternative, a shared parking study prepared by a licensed traffic engineer is provided supporting a reduction in the parking requirements due to complementary parking patterns amongst the uses. A shared parking study shall:

Calculate the number of parking spaces that should be provided for each land use separately pursuant to the table in § 244-197N(1).

A licensed traffic engineer shall calculate the combined hourly peak parking demand for all the uses on-site following the procedures of the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other approved procedure. This analysis should be performed for both weekdays and weekends and may need to consider seasonal peak periods.

The shared parking analysis shall be reviewed and the methodology utilized therein shall be approved by the Township Engineer, the respective Land Use Board's engineer or their designee.

No part of off-street parking required by a structure or use shall be included as part of an off-street parking requirement of another use.

Greenbanking permitted for primary and secondary schools and higher learning institutions.

Where the applicant demonstrates that the total number of off-street parking spaces required by this section may not be immediately required for a primary or secondary school or higher learning institution, a staged development plan will be permitted which requires that only a portion of the parking area be completed initially. The entire parking area shall be shown in the site plan, and that portion of the parking area that is not initially completed shall be identified and labeled as "greenbanked" spaces.

For site plan purposes, greenbanked spaces shall be considered constructed when calculating impervious coverage and calculating stormwater management structures and facilities.

Primary or secondary schools or higher learning institutions with greenbanked spaces shall file an annual certification as provided herein no later than September 30 of each calendar year following the issuance of the certificate of occupancy.

The Township may, upon a finding of inadequate parking, require the conversion into parking spaces (paved and in full conformance with this and other applicable sections) of any or all greenbanked spaces, if, in its opinion, there is a change in the number of students, faculty, staff, or other employees who drive to the school or higher learning institution such that there is a need for an increase in the number of off-street parking spaces, or if parking use exceeds what was anticipated at the time of initial approval. The Township shall communicate said finding to the school or institution in writing. The institution may appeal that decision under N.J.S.A. 40:55D-72 to the Township Zoning Board of Adjustment, which shall then conduct a hearing to determine whether said parking spaces should be converted.

Annual certification.

Every primary school, secondary school, or higher learning institution that uses greenbanked spaces as described above, shall, on an annual basis, complete and file a certification form provided by the Township with the Township containing the following information:

Name of school or higher learning institution.

Address of school or higher learning institution.

Telephone number and email address of school or higher learning institution.

[d]

Type of school or higher learning institution, i.e., primary school.

[e]

Name, telephone number, email address and position of individual completing the certification form.

[f]

Number of students enrolled as of the date of certification form.

[g]

Number of students driving to school as of the date of certification form.

[h]

Number of faculty, staff, and other employees as of the date of certification form.

The certification form shall be submitted to the Township between September 1 and September 30 of each year as provided herein.

There shall be no annual filing fee for the certification form.

§ 244-198 Off-Street parking: residential development.

[Added 6-8-1998 by Ord. No. 15-98]

Off-street parking requirements for residential developments shall be in compliance with, and all parking areas shall be designed and constructed in accordance with, Subchapter 4 (Streets and Parking) of N.J.A.C. 5:21 (Residential Site Improvement Standards), as amended.

§ 244-199 Open spaces.

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

Open space requirements. For the purposes of this section, the term "open space" is defined to mean any area of land (exclusive of lot yard requirements, streets, utility rights-of-way and detention basins) or water which is open to the sky and which is dedicated, designated or set aside for active or passive recreational use. Open space areas within developments in the MF, MHP, PRC, PMURD, PMUD, R-2, R-3, R-5, R-9, R-15, R-20, PV, RG-2, RG-3 and RG-4 zoning districts shall be subject to all provisions of this section and the following specific requirements:

[Amended 5-12-2003 by Ord. No. 6-03]

A minimum of 40% in the MF Zone; 30% in the MHP PRC, PMURD and PMUD Zones; and 10% in the R-2, R-3, R-5, R-9, R-15, R-20, PV, RG-2, RG-3 and RG-4 Zones of the tract of land proposed for development shall not be included in building lots or streets and shall be set aside for open space. In the R-2, R-3, R-5, R-9, R-15, R-20, PV, RG-2, RG-3 and RG-4 Zones, the requirement applies to subdivisions of 10 lots or 10 units or more.

Each open space area shall contain a minimum of two contiguous acres.[1]

Editor's Note: Original § 109-178A(3) of the 1972 Code, regarding the width of open space areas, which immediately followed this subsection, was repealed 11-19-1998 by Ord. No. 28-98.

Where feasible, the following land areas and features should be preserved as open space:

Floodway and flood hazard areas, as defined in Chapter 210, Flood Damage Prevention, of the Code of the Township of Jackson.

Freshwater wetlands and adjacent buffer areas under the jurisdiction of the New Jersey Department of Environmental Protection.

Land with slopes in excess of 15%.

Existing watercourses, ponds, bogs and swamps.

Land with a seasonal high water table of less than two feet. Atsion, Berryland, Manahawkin, Mullica and Shrewsbury soils usually have a seasonal high water table of less than two feet.

Within any development, a minimum of 50% of the open space area shall be land which can be developed for recreational use and shall be exclusive of the types of areas cited in Subsection A(3) above or required buffer areas. Stormwater management facilities shall not be included in the usable open space. If more than 50% of a tract of land is undevelopable wetlands, then the Planning Board may waive the open space requirement. Recreation facilities in accordance with § 244-200 may be constructed on the usable open space.

Site preparation. Within open space areas, the municipal agency may require a developer to make certain site preparation improvements, which may include but are not limited to the following:

Removal of dead or diseased trees.

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

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

Grading and seeding.

Reservation of public areas.

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

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

Open space ownership.

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

The Township of Jackson, subject to acceptance by the Township Committee.

Other public jurisdictions or agencies, subject to their acceptance.

Quasi-public organizations, subject to their acceptance.

Homeowners' or condominium associations or organizations.

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

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

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

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

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

Maintenance of common open space.

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

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

Failure to maintain; hearing.

In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Township Attorney may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days or any permitted extension thereof and shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice.

At such hearing, the Township, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners.

Before the expiration of said year, the Township Attorney shall, upon his initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Township Attorney, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year.

If the Township Attorney shall determine that such organization is ready and able to maintain said open space in reasonable condition, the Township shall cease to maintain said open space at the end of said year. If the Township Attorney shall determine that such organization is not ready and able to maintain said open space in a reasonable condition, the Township may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township Attorney in any such case shall constitute a final administrative decision subject to judicial review.

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

§ 244-200 Recreation standards for residential developments.

[Added 5-12-2003 by Ord. No. 6-03]

All residential developments which will result in five dwelling units or more shall provide recreational facilities in accordance with the requirements of this section. The developed open space shall consist of developable land devoid of buildings and other physical structures except for outdoor recreational facilities.

Land provided in accordance with this section shall be provided in a single area or in individual parcels to accommodate the proposed recreation, but in any case not less than one acre in size.

For the purposes of this section, a single-family detached house shall be deemed to contain three persons; a townhouse shall be deemed to contain 2.5 persons; and a garden apartment shall be deemed to contain two persons.

Development of open space area improvements and construction of recreational facilities shall progress at the same rate as development of the dwelling units. An overall phasing plan should be submitted prior to final approval.

The location, form and design of such areas shall be approved by the reviewing board. The area specifically designated for recreational purposes shall be fully usable for that purpose and shall have all improvements as required by this section. Wherever possible, recreation sites should be located next to adjacent school sites. The applicant shall determine with the Township's approval whether the land to be utilized for recreational purposes shall remain for private recreational uses or be dedicated for public use.

Open space areas that will be maintained by a homeowners' association or other private entity shall be recorded in the master deed and/or homeowners' documents for each project. This will ensure permanent preservation of the open space. Such documents shall be submitted to the Planning Board prior to final approval of the project.

Exception. In special circumstances where the development will result in at least five but no more than 10 dwelling units or where, due to the size, location and design requirements of the development, it is not feasible in the opinion of the reviewing board to set aside such area or areas for developed open space, the applicant shall make payment in lieu of the provision of such open recreation land to the Township. Such payments shall be placed in a special recreational open space land fund to be utilized solely for the purchase of or improvement of public recreational open space. Additionally, developers of five or more units in the FA-1, FA-2 and FA-3 Zones shall make a payment in lieu of providing facilities, since only low-intensity recreation is permitted in these zones. (See §§ 244-82A, 244-83A and 244-84A.)

The required amount of the contribution in lieu of providing recreation facilities and equipment that would otherwise be required for the proposed development shall be estimated based upon the value of the land and the improvements. This estimated cost shall also account for the value of the additional lots that the developer shall have for sale as a result of not providing recreational space.

Improvements. The developer shall install, as a minimum, the following recreational facilities or their equivalent on the land which has been set aside for recreational purposes.

The developer's recreation plans shall be submitted to the reviewing boards for review and approval. The Board and its professional planner and engineer shall evaluate the plans in terms of the following considerations:

District parks and preservation areas. A minimum standard of 10 acres per 1,000 persons is recommended. Large tracts of 50 acres or more are preferable to scattered sites. Lands with mature vegetation, high scenic qualities, historical significance, or other unique characteristics are especially recommended.

Neighborhood playgrounds. A minimum standard of two acres per 1,000 persons is recommended. Individual sites should be three to five acres in size and within walking distance of the people served. Separate play areas for age groups one through five, six through ten and eleven through fifteen should be included. Equipment for these areas should be based on the recreation needs for each age group.

Infants through five-year-olds should have a sand area, small swings, static play animals, a small sliding board, and other similar equipment. A sitting area for parents should be provided in close proximity to the play areas. Tricycle space and pavement should be a part of this area.

Children through 10 years old are interested in movement, slides, seesaws, balance beams, rope climbing areas, chin-up bars and other similar equipment.

Children 11 through 15 are interested in two kinds of spaces, a general use field where a Frisbee or a football can be thrown and a space of identity for the age group. Bicycle paths and hills, jumps and other similar features are recommended in this area. Landscaping should provide shade and separation for each area.

Tennis courts. A recommended standard is one court per 1,500 persons.

Baseball diamonds. A recommended standard is one diamond for every 3,000 persons.

Softball diamonds. A recommended standard is one softball diamond for every 2,000 persons.

Football fields. A recommended standard is one football field for every 10,000 persons.

Soccer fields. A recommended standard is one field per 3,000 persons.

Lacrosse/field hockey fields. A recommended standard is one field per 4,000 persons.

Multipurpose/general-use fields. A recommended standard is one field per 6,000 persons.

Basketball courts. A recommended standard is one hard-surface play area with basketball nets for every 2,000 persons.

Picnic areas. One acre per 1,000 persons is recommended. This use may be part of a district park.

(l)

Bike trails. One mile of five-foot-wide bituminous trail for each 1,000 persons is recommended. These trails should link homes with local recreation and service opportunities.

(m)

Jogging and fitness trails. One mile per 1,000 persons is recommended. These should be integrated into district parks or create linkages to other recreation areas.

(n)

Volleyball courts. A recommended standard is one court per 2,000 persons.

(o)

Street hockey. A recommended standard is one street hockey rink per 8,000 persons.

(p)

Community pools. A recommended standard is one community pool for every 25,000 persons.

(q)

Golf courses. A recommended standard is one golf course per 25,000 residents.

All improvements, play surfaces and equipment shall be constructed and installed to current industry standards and in compliance with all relevant laws, subject to review and approval by the Township Engineer.

§ 244-201 Screening of equipment or machinery.

When the effective operation of a building or structure, or equipment within a building or structure, necessitates placing machinery, motors, generators or similar devices for cooling, heating or generating purposes outside or on top of any structure, they shall be screened from public view. Said screening may consist of the following:

Densely planted evergreen shrubs, which shall grow to not less than five feet after one growing season; and

A solid and uniform fence at least five feet in height on four sides of said equipment; or

A masonry wall at least five feet in height on four sides of said equipment; or

Extensions of parapet walls or mansard rooflines or structural or ornamental screens or baffles; or

Any similar type of solid or uniform screening which will prevent exposure of such equipment to public view.

The above requirements shall not be construed to prevent an opening in any required screening for maintenance purposes. However, any such opening shall be made as inconspicuous as is possible so as not to present any unsightly display of said equipment to public view.

§ 244-202 Sewage disposal.

The design and construction or approval of all public systems or extensions of existing system(s), either publicly or privately owned, shall be under the jurisdiction of the Jackson Township Municipal Utilities Authority or Ocean County Utilities Authority, as the case may be.

Prior to the approval of any final plat of a subdivision or site plan, the full approval of any sewage disposal system must have been obtained from the appropriate Utilities Authority and filed with the municipal agency, or the final approval will be conditioned upon full approval of the appropriate Utilities Authority.

Septic systems.

In the event that the appropriate Utilities Authority determines that the lots in any subdivision or site plan cannot be served at the time of application by a public sewage disposal system, septic systems may be installed, provided that:

The requirements of state statute, including the New Jersey Realty Improvement Sewerage and Facilities Act,[1] are met.

Editor's Note: See N.J.S.A. 58:11-23 et seq.

They are installed in accordance with the regulations of the Ocean County Board of Health.

The minimum lot size shall not be less than 40,000 square feet. However, the Ocean County Board of Health may require a larger lot size if it deems such increased lot size is necessary for such purposes. In the Pinelands Area of the Township, minimum lot size shall be one acre.

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

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

Mounded disposal fields shall only be permitted upon approval by the New Jersey Department of Environmental Protection, pursuant to N.J.A.C. 7:9A-1.1 et seq.

All private development utilizing public sewerage collection shall be required to utilize a public water supply.

[Added 12-23-2002 by Ord. No. 50-02]

§ 244-203 Sidewalks and curbing generally.

[Added 2-26-2008 by Ord. No. 08-08]

Notwithstanding any provision to the contrary in Chapter 244, sidewalks and curbing shall be required along all street frontages as a condition relating to any development for which approval is granted by the Planning Board or Board of Adjustment. The proposed curbing shall be designed and constructed in accordance with the requirements of §§ 244-186 and 244-187, and the proposed sidewalk shall be designed and constructed in accordance with the requirements of §§ 244-204 and 244-205.

Payment in lieu of sidewalk and curbing.

Any developer seeking approval may request a waiver of the requirement to install curbing and sidewalks along all street frontages of the subject property by agreeing to pay a sum to the Jackson Township Pedestrian Safety Fund equal to the cost of said curbing and sidewalk. Said cost shall be determined by the Township Engineer based on documented construction costs for public improvements prevailing in the general area of the municipality.

In determining whether to grant the requested waiver and accept a payment in lieu of the installation of sidewalk and curbing, the Planning Board or Board of Adjustment shall consider the following factors:

The presence or absence of curbing and sidewalks in the general vicinity of the subject property.

The practical difficulty as established by the applicant of installing such improvements in or adjacent to the subject property due to exceptional topographic conditions, drainage concerns and/or the deleterious impact or surrounding properties as a result of the installation of such improvements.

The recommendation of the Board or Township Engineer.

Jackson Township Pedestrian Safety Fund.

There is hereby established the Jackson Township Pedestrian Safety Fund (hereinafter "fund").

Said fund shall be dedicated to pay for the cost of designing and constructing various pedestrian safety projects within Jackson Township.

All monies paid by developers in accordance with this section shall be deposited into said fund.

The Chief Financial Officer of the Township is hereby directed to establish and maintain the fund and to make disbursements upon the request of the Township Engineer for designated pedestrian safety improvements.

§ 244-204 Sidewalks and graded areas: residential development.

[Added 6-8-1998 by Ord. No. 15-98]

Sidewalks and graded areas shall be designed and constructed in accordance with Subchapter 4 (Streets and Parking) of N.J.A.C. 5:21 (Residential Site Improvement Standards), as amended.

§ 244-205 Sidewalks and aprons: nonresidential development.

[Amended 6-8-1998 by Ord. No. 15-98]

General requirements.

Sidewalks shall be constructed on both sides of all streets within a development and entirely around the perimeter of all culs-de-sac except in the R-2 and R-3 Zones, where no sidewalks shall be required. Where the development abuts an existing street, the sidewalk shall be constructed only on that side. Sidewalks shall also be constructed at any other places, such as pedestrian walkways or access points to open space, as shown on or required at the approval of the final plat.

The requirements of the standard specifications regarding curing precautions must be strictly observed.

Location. Sidewalks within street rights-of-way shall generally be located with the sidewalk edge farthest from the roadway placed one foot from the property line. Sidewalks not within street rights-of-way shall be located to provide for the most likely routes of pedestrian travel. In cases where the topography dictates or a proposed development provides for the extension of an existing street or abuts an existing street, where sidewalks have already been installed in a location other than as specified above or where such variations in sidewalk locations are needed to preserve trees or natural features, the municipal agency may approve alternate sidewalk locations in order to provide for the preservation of physical features or the continuation of the existing sidewalks.

Sidewalk construction.

Sidewalks shall be four feet wide and four inches thick, except crossing driveways, where the thickness shall be increased to six inches for residential uses and all drives to parking areas of less than 100 spaces, and to eight inches for all other uses. Where the municipal agency determines that a sidewalk may be subject to unusually heavy pedestrian traffic, it may require that its width be increased to maximum of eight feet. All sidewalk construction shall be in accordance with the applicable requirements of the standard specifications. Concrete shall be Class C, air-entrained. Preformed bituminous cellular joint fillers 1/2 inch thick shall be placed at intervals not exceeding 20 feet. Dummy (formed) joints shall be cut into the concrete sidewalk between the expansion joints at equal intervals not exceeding the width of the sidewalk.

The sidewalk subgrade shall be compacted prior to the placement of any sidewalk. Any unsuitable material encountered in the subgrade shall be removed and replaced with suitable material acceptable to the Township Engineer. All six-inch or eight-inch sidewalk areas crossing driveways shall be reinforced at the midpoint or one-third points, respectively, of the sidewalk section. Reinforcing shall be welded wire fabric approved by the Township Engineer.

Apron construction. Reinforced concrete aprons shall be constructed at all driveways between the concrete curb (or combination curb and gutter) and the concrete sidewalk. Such aprons shall be six inches thick for residential uses and all drives to parking areas of less than 100 spaces, and eight inches for all other uses, and shall be reinforced with welded wire fabric approved by the Township Engineer, located at the midpoint or one-third points, respectively, of the apron section. Concrete shall be Class C, air-entrained. The width of the apron at the curbline shall be not less than the width of the driveway plus 10 feet or a minimum of 20 feet, whichever is greater.

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

Alternate sidewalk or apron types and/or locations.

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

Continuous slip-formed sidewalks may be permitted if such is considered to be desirable by the Township Engineer. The use of continuous slip-formed sidewalks may only be permitted if the applicant submits, for review and approval, details and specifications concerning the equipment, materials and methods proposed for use and if the Township Engineer has inspected the installation and tested and approved a suitable sample section of such sidewalk. In the event that the Township Engineer does not approve the sample section of continuous slip-formed sidewalk, the developer shall remove the sample section and replace it with a type of sidewalk permitted by this chapter or such other alternate as may be approved by the municipal agency.

Curb ramps for the physically handicapped.

Curb ramps for the physically handicapped shall be constructed on all street curb returns and, where appropriate, in parking areas. In general, two curb ramps shall be constructed at each corner. (See Exhibit 109-8 at the end of this chapter.) A single ramp at the center of the corner is acceptable when site conditions preclude the use of the two-ramp system. (See Exhibit 109-9 at the end of this chapter.)

Curb ramps for the physically handicapped shall be constructed in accordance with the standards shown in Exhibits 109-8 and 109-9.[1] If there is a grass or landscaped area between the curb and the sidewalk, side ramps need not be provided. Curb ramps shall be provided at all four corners of full intersections and at the two corners plus a location across the street from both of the ramps at T-intersections.

Editor's Note: Exhibits 109-8 and 109-9 are included at the end of this chapter.

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

Curb ramps shall be constructed with a rough broom finish in accordance with New Jersey Department of Transportation specifications and shall be flush with the street pavement at the gutter line.

§ 244-206 Bikeways.

[Added 6-8-1998 by Ord. No. 15-98]

If required, bikeways shall be designed and constructed in accordance with Subchapter 4 (Streets and Parking) of N.J.A.C. 5:21 (Residential Site improvements Standards), as amended.

§ 244-207 Signs.

General requirements.

No sign shall be erected, altered, constructed, reconstructed, placed, replaced or otherwise displayed which is not in accordance with the standards and requirements established in this section. Unless otherwise specified in this section, the erection, alteration, construction, reconstruction, placement, replacement or display of any sign, except "No Trespassing" and "No Hunting," shall require a sign permit.

No sign shall be placed on or affixed or attached to a building or structure or erected independently for any purpose other than to identify a permitted business, occupant, service, office, address, process, use or product offered, sold, conducted, manufactured or assembled on the same premises. A sign may include the name of the business, a brief general description of principal products or services offered or sold, phone numbers and Web sites, but may not include specific brand names unless they are a part of the registered trade name of the establishment. No sign displaying the colors of red, green or yellow shall be permitted within 200 feet of a traffic signal.

[Amended 11-8-2004 by Ord. No. 39-04; 12-28-2010 by Ord. No. 45-10]

No sign or structure supporting the same shall be attached to natural objects, trees, stumps, fences, fence posts, utility poles or towers or other signs but shall be freestanding or affixed or attached to buildings or structures or placed upon or supported by the ground independent of any other structure in an approved manner. "No Trespassing" and "No Hunting" signs shall be excluded from this requirement.

No sign shall be located within five feet of any property line.

No freestanding sign or sign affixed or attached to a building shall be higher at any point than the roofline of said building or 25, whichever is less.

All signs and their supporting structures, braces, locks, guys and anchors shall be constructed of durable materials, maintained in good condition, and shall not be allowed to become dilapidated, unsightly, aesthetically displeasing, offensive or structurally unsafe.

Signs with two exposures shall be measured for area by using the face of only one side of the sign.

Signs, whether permanent or temporary, other than signs of the municipal, county, state or federal government or official traffic control devices, shall not be erected, altered, constructed, reconstructed, placed, replaced or otherwise displayed within or overhang a sight easement or right-of-way of any street or easement of a public or private utility, nor shall any sign be located so as to constitute a traffic hazard.

Any illuminated sign within 100 feet of any residential use or zoning district shall be shielded in such a manner so as to prevent direct rays of light and glare from being cast onto any residential premises.

Floodlights and spotlights shall not be permitted except for the purpose of emergency lighting. Lighted signs shall be illuminated internally or with fixtures attached to the sign and directed to face the sign with adequate shielding to prevent nuisance glare.

[Amended 11-8-2004 by Ord. No. 39-04]

No sign shall be left illuminated during any period when the premises on which it is located are not open to the public, or so otherwise not open for business, unless it is determined by the Planning Board that an illuminated sign is necessary for the protection of the property from theft or vandalism and will not interfere with the health, safety or welfare of the general public.

No portion of any sign shall be located within or suspended over a pedestrian walkway or bicycle passageway unless 10 feet above grade level.

Directional signs with areas less than two square feet are exempt from location and area regulations, provided that they do not constitute a hazard to the traveling public or are not placed in or overhang a sight easement or right-of-way of any street or easement of a public or private utility.

Any location where business goods are no longer sold, produced or assembled or where services or entertainment are no longer offered or provided shall have 30 days to remove all signs remaining or derelict on the premises. Where due written notification has been given by the Township and compliance has not been made within the required thirty-day period, the Township shall cause removal of such signs, with the cost of such removal attached to the property.

No roof sign shall be erected, altered, constructed, reconstructed, placed, replaced or otherwise displayed in any zoning district within the Township.[1]

Editor's Note: Original § 109-182A(16), regarding permitted sign area for two or more business uses in the same building, and A(17), regarding commercial buildings on two or more streets, of the 1972 Code, which immediately followed this subsection, were repealed 11-8-2004 by Ord. No. 39-04.

Signs with any lighting or control mechanisms which may cause radio or television reception interference shall not be permitted.

Any sign erected, altered, constructed, reconstructed, placed, replaced or otherwise displayed so as to obstruct or be attached to any fire escape, window, door or opening used as a means of ingress or egress, or for fire-fighting purposes, or placed so as to interfere with any opening required for legal ventilation shall not be permitted.

No sign shall be erected, altered, constructed, reconstructed, placed, replaced or otherwise displayed that violates any of the municipal regulations with respect to health, required light, air, open space or safety, as defined in the Township Building Codes.

(19)

No sign shall be erected, altered, constructed, reconstructed, placed, replaced or otherwise displayed which bears or contains words, letters, statements, figures, designs, symbols, logos or gestures of an obscene, indecent or immoral nature, or which will offend public morals or decency.

(20)

No sign shall be erected, altered, constructed, reconstructed, placed, replaced or otherwise displayed which is animated in any way, which emits smoke, visible or invisible vapors or gasses, sounds or odor which violates the requirements of § 244-160. Changeable copy signs shall not be permitted, nor shall LED reader board signs.

[Amended 11-8-2004 by Ord. No. 39-04]

(21)

No sign shall be erected, altered, constructed, reconstructed, placed, replaced or otherwise displayed which consists of banners, posters, flags, pennants, propellers, ribbons, streamers, strings of lights (except seasonal decoration), spinners or other wind-activated devices, except as to the following:

[Amended 11-12-2014 by Ord. No. 18-14]

Businesses and community groups may place nonpermanent displays, which consist of signs, banners, posters, flags, pennants, or ribbons that advertise a specific event and/or sale, for a limited period of time not to exceed 21 days;

[Amended 10-27-2015 by Ord. No. 25-15]

Any display posted under this section cannot be posted earlier than 14 days prior to the event or sale and must be taken down no later than five days after the event or sale;

No permit or permit fee shall be required for any business or community group that displays a temporary sign, banner, poster, flag, pennant, or ribbon defined under this subsection that meets the following criteria:

It is supported by uprights or braces in or upon the ground surface;

It is not served by an electrical circuit directly connected to the sign;

It is not greater than 25 square feet in surface area (one side); and

It is not more than six feet above the ground (mounted height).

The Township Construction Official will have the authority to require the removal of any sign that creates an unsafe condition or otherwise to require correction of any such condition.

(22)

No sign shall be erected, altered, constructed, reconstructed, placed, replaced or otherwise displayed that, by its size, location, color, shape, lighting, message or nature, may be confused with or obstruct the view of an official traffic sign or traffic control device by pedestrians or operators of bicycles or motor vehicles.

(23)

No sign shall be erected, altered, constructed, reconstructed, placed, replaced or otherwise displayed on or attached to a motor vehicle, trailer or other portable device which is so located or placed as to be visible from a public street and intended, as determined by its location and the duration of its stay, to function as a sign.

(24)

No sign shall be erected, altered, constructed, reconstructed, placed, replaced or otherwise displayed that uses admonitions, including but not limited to "Stop," "Go," "Slow," "Danger," "Caution," etc., which may be confused with, resembles or is an imitation of an official traffic sign or signal.

(25)

Any sign erected, altered, constructed, placed or otherwise displayed prior to the adoption of this section, which does not conform to the requirements and provisions herein set forth, shall not be rebuilt, altered, reconstructed, replaced or otherwise displayed by changing the height, location, area, face or message of same.[2]

Editor's Note: Original § 109-182A(28) of the 1972 Code, regarding properties containing one or more nonresidential uses, which immediately followed this subsection, was repealed 11-8-2004 by Ord. No. 39-04.

(26)

No sign shall be located closer than the following minimum distances to the street right-of-way:

	Sign Area (square feet)	Minimum Distance (feet)
	Less than 25	20
	26 to 75	25
	76 or more	30

(27)

Each site plan and subdivision application shall include a sign plan showing the specific design, location, size (dimensions and square footage), height, materials of construction, color scheme and illumination in compliance with the provisions required herein. For facade or wall signs, the applicant shall submit a building elevation plan, prepared by a registered architect or professional engineer licensed to practice in the State of New Jersey, accurately illustrating the wall dimensions, including the height and other building features of the site on which the sign is to be located. All new planned unit developments, shopping centers and office parks shall present an integrated sign design scheme in conjunction with site plans. All tenants in the shopping center, planned unit development or office park will be required to comply with the design standards set forth in the approved sign plan.

[Amended 11-8-2004 by Ord. No. 39-04]

(28)

In cases where a sign is not part of a sign plan of a site plan or subdivision application, the applicant for a sign permit shall submit:

A property survey prepared by a land surveyor licensed to practice in the State of New Jersey, upon which the location of the proposed sign is indicated;

A sketch of the proposed sign, indicating the size (dimensions and square footage), height, design, color scheme, materials of construction and illumination; and

For facade or wall signs, a building elevation plan, accurately illustrating the wall dimensions, including the height, and other building features, of the site on which the proposed sign is to be located.

(29)

All signs shall comply with all applicable county, state and federal sign regulations.

(30)

The provisions of this section shall not be applicable to signs not visible from public roads within the RC Zone.

(31)

Maintenance. All signs shall be periodically maintained by the owner of said sign, including painting, repairing and cleaning as necessary. Any sign that, because of improper maintenance, is deemed to be in a state of disrepair, such that the sign is no longer functional, visible or becomes dangerous to the safety of others, shall be repaired by the owner of said sign within 14 days of notice requiring said repair. Otherwise the sign shall be removed at the expense of the property owner.

[Added 11-8-2004 by Ord. No. 39-04]

Sign requirements.

Awning or marquee signs. Awnings or marquees containing signs shall be permitted to extend no closer than five feet to the street right-of-way line.

Canopy signs.

In the case of a shopping center wherein walkways are roofed over with a permanently installed rigid canopy or other structural device or in the Historic Village Commercial Zone, not more than one sign may be hung vertically from the underside of said canopy for each store or occupant in the shipping center and it shall not exceed four square feet in area and shall not be less than 10 feet above the finished grade or sidewalk beneath it.

[Amended 11-8-2004 by Ord. No. 39-04]

Signs attached to the front of a canopy shall not exceed 50% of the area of the canopy.

A canopy sign may be illuminated but shall not be flashing, animated or moving in any way.

No canopy sign shall extend above or beyond the end of the canopy to which it is attached.

Construction signs. One nonilluminated sign, not exceeding 40 square feet in area and a minimum of eight feet in height, denoting the names of the architect, engineer, planner, landscape architect, contractor or other participants in construction and the owners and future occupants, may be placed on the property where the work is under construction.

Directional signs.

Directional signs shall not exceed four square feet in area, with lettering not exceeding six inches in height.

Such sign shall not be placed within five feet of a street right-of-way line or any property line but may be located within the minimum required sign setback of 20 feet.

Where directional signs are placed within a sight triangle area, they shall not exceed 30 inches in height from the finished grade directly below the sign to the top of the sign.

Freestanding signs.

[Amended 11-8-2004 by Ord. No. 39-04]

Freestanding signs shall be permitted for retail, service and similar activities in the HC, RC, and LM Zones.

Commercial buildings located at the intersection of two or more streets, or that have frontage on two or more streets, may be permitted a total of two freestanding signs or two ground signs, one on each of two street frontages. In no case shall there be more than two freestanding or two ground signs.

Freestanding signs shall not exceed 16 feet in height or the height of the roofline of the building containing the uses the sign advertises, whichever is lower. The height of freestanding signs shall be measured from the finished grade directly below the sign to the top of the sign. The base of the columns, poles or uprights supporting the freestanding sign shall be landscaped as to minimize the visual effect and impact of said supports. The bottom of the sign shall be at least seven feet above grade.

The locations of freestanding signs shall be in accordance with the required minimum distances to the street right-of-way, based on the sign area established in Subsection A(26).

Each principal use or shopping center located in the HC, RC and LM Zones shall be permitted one freestanding sign along the principal street frontage so long as the property has at least 50 feet of uninterrupted street frontage. Freestanding signs shall not exceed an area equivalent to 1/2 square foot for each foot of linear building frontage on the principal street or 75 square feet, whichever is smaller.

In the case of a shopping center or more than one business use sharing a parking area or more than one business situated on a single lot, a multiple occupancy/tenancy sign shall be permitted subject to the following conditions:

The size of the sign shall be in accordance with Subsection B(5)(e) above.

A minimum of 15% of the sign must identify the name of the site or the address of the property.

The tenant/occupant names must be uniform in style and color.

Lettering shall be a minimum of six inches in height.

Ground signs.

[Amended 11-8-2004 by Ord. No. 39-04]

Ground mounted signs (or "monument signs") shall be permitted for professional office uses, commercial office uses, institutional uses (religious, education, government agencies), industrial parks or retail/service uses in the ROS, O/R, HVC, NC, LM, I, PVC, RGC and HC [as an alternative to the freestanding signs in § 244-207B(5) above] Zones.

Ground signs shall not exceed six feet in height, measured from the finished grade directly below the sign to the top of the sign.

The base of all ground signs shall be accented by landscaping such as shrubs, ground cover and flowers.

The ground sign may include no more than four colors.

In the case of a group of offices sharing a parking area, a group of professional tenants/occupants sharing a building, or in the case of a retail shopping center, the names of the offices or tenants may be listed on the sign, provided the top 15% of the sign is reserved for displaying the name of the complex or the address. The tenant or occupant names must be uniform in style and color.

The locations of the ground signs shall be in accordance with the required minimum distances to the street right-of-way, based on sign area, established in Subsection A(26). Additionally, the sign must be outside the sight triangle easement areas and may not pose a threat to public health and safety.

The maximum size for a single ground sign for a retail store, a shopping center, an office building, a group of offices, an institutional use or an industrial use is 30 square feet.

Buildings located at the intersection of two or more streets, or that have frontage on two or more streets, may be permitted a total of two ground signs, one on each of two street frontages. In no case shall there be more than two ground signs.

Wall signs.

[Amended 11-8-2004 by Ord. No. 39-04]

Each principal nonresidential building may have one wall sign not to exceed 15% of the principal facade area or 80 square feet, whichever is smaller, except as otherwise specifically restricted in other subsections. In the case of a shopping center, each tenant/occupant with direct access to the outside may have one wall sign not to exceed 15% of the principal facade area of the occupied space or 80 square feet, whichever is smaller.

Wall signs within a development or shopping center should be consistent in color and style. It is the responsibility of the property owner or property manager to inform tenants of this requirement.

A wall sign may be illuminated, but shall not be flashing, animated or moving in any way.

A wall sign may not have more than four colors.

No wall sign shall extend above or beyond the end of the wall to which it is attached.

No wall sign shall block, interrupt or otherwise obscure in whole or in part any major architectural feature or detail of the wall.

A wall sign positioned between two floors of a building shall not exceed 2/3 of the vertical distance between the windows.

Gas station and similar canopy signs shall comply with the wall sign requirements.

Holiday decoration signs. One nonilluminated holiday decoration sign, not exceeding 20 square feet in area, shall be permitted on a site where decorations customarily and commonly associated with any national, state, local or religious holiday are offered for sale.

Home occupation signs. All home occupation signs shall be in accordance with the requirements set forth in § 244-6 of this chapter and Subsection A(26).

Miscellaneous signs. The erection of signs such as "No Trespassing" or "No Hunting" signs shall be permitted, provided that these signs do not exceed two square feet in area.

Nameplate signs. One nameplate sign, as defined in § 244-6 of this chapter, shall be permitted per lot and shall not be illuminated by a total of more than 25 watts.

Political signs.

Political signs may be placed within 20 feet of but not less than five feet from any street right-of-way or property line.

No political sign shall be placed in any street triangle or line of sight area.

No political sign shall be affixed to any natural objects, trees, fences, fence posts, utility poles or towers or other signs.

All political signs shall be removed within 30 days after the election.

Office-research park and industrial park signs.

[Amended 11-8-2004 by Ord. No. 39-04]

One ground sign not to exceed 30 square feet in area shall be permitted to identify the name of the office-research park or industrial park. The sign must be located in accordance with Subsection A(26). The height of the sign shall not exceed six feet.

Within the office-research or industrial park, one ground sign shall be permitted for each establishment and shall be located on the lot thereof The ground sign for the individual establishment shall not exceed 30 square feet in area and shall not be located closer than 25 feet from the curb or street line. Ground signs should be designed and located in such a way that they will not be visible from the streets outside the office or industrial park. Ground signs are prohibited in required sight triangle easements. The height of the sign shall not exceed six feet.

In addition to one ground sign, each establishment shall be permitted one wall sign not to exceed 5% of the facade of the building upon which the sign will be placed or 40 square feet, whichever is less.

In the case of an office park or industrial park, an additional directory sign will be permitted on the interior of the site to assist visitors in navigating the site. The directory sign shall not exceed 20 square feet and shall be located as not to cause a traffic hazard. Directory signs that include a map of the site may not exceed a total of 30 square feet.

A sign plan for the office research or industrial park shall be submitted in accordance with the requirements of Subsection A(27). The sign plan shall be based upon an integrated sign design scheme and shall be designed to be in harmony and consistent with each other as well as with the architecture and building materials of the principal structures and the landscape plan.

Private sale or special event signs.

One nonilluminated private sale or special event sign, as defined in § 244-6 of this chapter, shall be permitted per lot and shall not exceed four square feet in area.

Private sale or special event signs may be placed within 20 feet of but not less than five feet from any street right-of-way or property line.

No private sale or special event sign shall be affixed to any natural objects, trees, fences, fence posts, utility poles or towers or other signs.

No temporary sign for a special event or private sale shall remain in place for more than 30 days out of a calendar year.

[Added 11-8-2004 by Ord. No. 39-04[3]]

Editor's Note: This ordinance also repealed original § 109-182B(15) of the 1972 Code, regarding projecting signs, which immediately followed this subsection.

Businesses are permitted to display temporary signs for a special event and/or private sale up to 10 days prior to the start date without obtaining a permit or paying a permit fee; any display must be taken down no later than five days after the conclusion of the special event or private sale, if the sign meets the following criteria:

[Added 11-12-2014 by Ord. No. 18-14]

It is supported by uprights or braces in or upon the ground surface;

It is not served by an electrical circuit directly connected to the sign;

It is not greater than 25 square feet in surface area (one side); and

It is not more than six feet above the ground (mounted height).

Real estate sign.

One nonilluminated real estate sign per street frontage shall be permitted.

A real estate sign shall not exceed 12 square feet in area or four feet in height in all residential zoning districts.

A real estate sign shall not exceed 32 square feet in area or eight feet in height in all other zoning districts.

No real estate sign shall be permitted less than 10 feet from any property line or within any sight triangle or easement.

All real estate signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter of business being advertised.

Street numbers. Street numbers between three inches and six inches in height and visible from the street shall be required for each establishment or residence.

Subdivision/site development signs. One nonilluminated sign advertising premises under development shall be permitted and shall not exceed 40 square feet in area or eight feet in height.

Traffic signs. Any traffic sign erected by the Township of Jackson, County of Ocean or State of New Jersey, or other sign required to be erected by law, shall be permitted and shall not require the issuance of a sign permit.

(19)

Window sign. No window sign, whether permanent or temporary, shall exceed 25% of the total window area within which it is located.

Signs not requiring a sign permit. The following signs may be erected, altered, constructed, reconstructed, placed, replaced or otherwise displayed without a sign permit:

Government flags.

Historic markers.

Signs not exceeding two square feet in area.

Political signs.

Private sale or special event signs.

Real estate and other "For Sale" signs.

Prohibited signs. The following signs shall not be erected, altered, constructed, reconstructed, placed, replaced or otherwise displayed within the Township of Jackson:

Animated or moving sign.

Billboard sign (off-premises sign, outdoor advertising sign).

Flashing sign.

Portable sign.

Roof sign.

Snipe sign.

Exposed neon signs.

[Added 11-8-2004 by Ord. No. 39-04]

Nonconforming signs.

[Added 11-8-2004 by Ord. No. 39-04]

Intent. It is the intent and purpose of this subsection that as soon as legally possible, all existing signs not conforming to the provisions of this section be eliminated or brought into conformity with the provisions of this section.

Legal nonconforming signs. Any sign located within the Township of Jackson which does not conform with the provisions of this section, but which did conform with the applicable laws and ordinances relating to signs at the time it was erected, shall be deemed a legal nonconforming sign and may continue in use until said sign loses its legal nonconforming status as defined in § 244-207E(3) below.

Loss of legal nonconforming status. A legal nonconforming sign shall immediately lose its legal nonconforming status if:

The sign is altered in any way in structure or size. Change of copy in a box sign does not constitute a structural change.

The sign is replaced.

The sign is deemed to be a hazard.

Damage to the sign has occurred such that repair or restoration would exceed 1/3 of the replacement value as of the date of said damage.

§ 244-208 Solid waste storage.

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

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

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

A five-foot-minimum-width landscaping area shall be provided along the fence or wall enclosing the refuse storage area. The landscaping to be provided shall be shown on the preliminary and final site development plan submitted to the municipal agency for review and decision.

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

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

The enclosed refuse area shall not be located so as to interfere with traffic circulation, the parking of vehicles, the maneuverability and parking of vehicles making materials delivery or pickup, nor shall any solid waste storage area be part of, restrict or occupy any parking aisle or stall.

All refuse shall be deposited in containers maintained within the refuse area. No containers shall be maintained anywhere on a site except in a refuse area meeting these requirements. All refuse containers shall have covers to effectively contain solid waste stored therein.

If outdoor storage of solid waste is not proposed, the site plan submission shall detail the methods proposed for accommodating solid waste within the structure. The municipal agency may require that a suitable area be set aside, but not improved, for a future solid waste storage area meeting these requirements even if indoor accommodations for solid waste are proposed.

No refuse storage area shall be placed within 10 feet of any public right-of-way or any property line, and all refuse storage areas shall conform to the provisions for refuse storage areas in accordance with Chapter 216, Garbage, Rubbish and Waste Material, of the Code of the Township of Jackson.

There shall be provided at least one outdoor solid waste storage area of at least 100 square feet in area for each 20 dwelling units. Solid waste storage areas shall not be located further than 300 feet from the entrance of any dwelling unit which is intended to be served.

For every solid waste storage area, at least one area shall be designated adjacent thereto for the collection of recyclable materials.

No on-site incineration or disposal of solid waste or garbage shall be permitted.

The use of commercial dumpsters or similar-type large receptacles for the storage of solid waste for single-family or two-family dwellings is prohibited.

§ 244-209 Stormwater management.

[Added 4-10-2006 by Ord. No. 08-06[1]; amended 2-9-2021 by Ord. No. 01-21[2]]

Scope and purpose:

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.

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

Applicability.

This section shall be applicable to the following major developments:

Nonresidential major developments; and

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

This section shall also be applicable to all major developments undertaken by the Township of Jackson.

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.

CAFRA CENTERS, CORES OR NODES

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

Definitions. 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 section 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.

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 Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:

A county planning agency; or

EMPOWERMENT NEIGHBORHOODS

A county water resource association created under N.J.S.A. 58:16A-55.5, if the "environmentally critical area" means an area or feature which is of significant environmental value, including but not limited to: stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and 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.

DEPARTMENT

The Department of Environmental Protection.

DESIGNATED CENTER

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 specification.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et. seq. In the case 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 waterbody or to a particular point along a receiving waterbody.

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 habits, 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:

Treating stormwater runoff through infiltration into subsoil;

Treating stormwater runoff through filtration by vegetation or soil; or

HUC 14 or HYDROLOGIC UNIT CODE 14

Storing stormwater runoff for reuse.

An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a 14-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

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

LEAD PLANNING AGENCY

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

MAJOR DEVELOPMENT

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

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

The creation of one-quarter acre or more of regulated impervious surface since February 2, 2004;

The creation of one-quarter acre or more of regulated motor vehicle surface since March 2, 2021; or

A combination of Subsection (1)(b) and (c) above that totals an area of one-quarter acre or more. The same surface shall not be counted twice when determining if the combination area equals one-quarter acre or more.

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

"Major development" includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection 1(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.

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 D(6) of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.

NODE

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

NUTRIENT

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

PERSON

Any individual, corporation, company, partnership, firm, association, 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, ground waters 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 net increase of impervious surface;

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

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

REGULATED MOTOR VEHICLE SURFACE

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

Any of the following, alone or in combination:

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

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)

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.

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

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

STORMWATER

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

STORMWATER MANAGEMENT BMP

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

STORMWATER MANAGEMENT MEASURE

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

Is defined as previously developed portions of areas:

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

Designated as CAFRA Centers, Cores or Nodes;

Designated as Urban Enterprise Zones; and

Designated as Urban Coordinating Council Empowerment Neighborhoods.

WATER CONTROL STRUCTURE

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

WATERS OF THE STATE

The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface 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.

Design and performance standards for stormwater management measures.

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:

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.

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

The standards in this section apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or water quality management plan adopted in accordance with Department rules.

Stormwater management requirements for major development.

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

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).

The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(16), (17) and (18):

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

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

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

A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(15), (16), (17) and (18) may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:

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

The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of Subsection D(15), (16), (17) and (18) to the maximum extent practicable;

The applicant demonstrates that, in order to meet the requirements of Subsection D(15), (16), (17) and (18), existing structures currently in use, such as homes and buildings, would need to be condemned; and

The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(4)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection D(15), (16), (17) and (18) that were not achievable on site.

Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection D(15), (16), (17) and (18). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.

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

[Notes corresponding to annotations^(a) through^(g) are found at the end of this Subsection D(6)]

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

[Notes corresponding to annotations^(b) through^(d) are found at the end of this Subsection D(6)]

Table 3 BMPs For Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity Only With a Waiver or Variance From N.J.A.C. 7:8-5.3
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Blue roof	0	Yes	No	N/A
Extended detention basin	40-60	Yes	No	1
Manufactured treatment device^(h)	50 or 80	No	No	Dependent upon the device
Sand filter^(c)	80	Yes	No	1
Subsurface gravel wetland	90	No	No	1
Wet pond	50-90	Yes	No	N/A

Notes to Tables 1, 2, and 3:
(a)	Subject to the applicable contributory drainage area limitation specified at Subsection D(15)(b);
(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 B;
(h)	Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B.

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 D(2). Alternative stormwater management measures may be used to satisfy the requirements at Subsection D(15) only if the measures meet the definition of "green infrastructure" at Subsection B. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection D(15)(b) are subject to the contributory drainage area limitation specified at Subsection D(15)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection D(15)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from Subsection D(15).

Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact on the groundwater table and design the site, so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.

Design standards for stormwater management measures are as follows:

Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);

Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection H(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;

Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection H; and

The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of 2 1/2 inches in diameter.

Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection B may be used only under the circumstances described at Subsection D(15)(d).

Any application for a new agricultural development that meets the definition of "major development" at Subsection B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsections D(15), (16), (17) and (18) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.

If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17) and (18) shall be met in each drainage area, unless the runoff from the drainage areas converge on site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.

Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(15), (16), (17) and (18) 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 J(2)(e). Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.

A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection D of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection D(13) above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection D(13) above.

Green infrastructure standards.

This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.

To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection D(16) and (17), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection D(6) and/or an alternative stormwater management measure approved in accordance with Subsection D(7). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:

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

To satisfy the stormwater runoff quantity standards at Subsection D(18), 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 D(7).

If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) 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 D(7) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17) and (18).

For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection D(16), (17) and (18), unless the project is granted a waiver from strict compliance in accordance with Subsection D(4).

Groundwater recharge standards.

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

The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:

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

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.

This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or to projects subject to Subsection D(16)(d) below.

The following types of stormwater shall not be recharged:

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

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

Stormwater runoff quality standards.

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

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

80% TSS removal of the anticipated load, expressed as an annual average, shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.

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

The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection D(17)(b) 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.

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

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

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

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

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

Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection D(16), (17) and (18).

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

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

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

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.

Stormwater runoff quantity standards.

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

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

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

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;

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

In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection D(18)(b)[1], and above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.

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

Calculation of stormwater runoff and groundwater recharge:

Stormwater runoff shall be calculated in accordance with the following:

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

The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 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/stelprdb104417 1.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or

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

For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the 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 E(1)(a)[1] and the Rational and Modified Rational Methods at Subsection E(1)(a)[2]. 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).

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.

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.

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

Groundwater recharge may be calculated in accordance with the following: The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.

Sources for technical guidance:

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

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

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

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

Solids and floatable materials control standards:

Site design features identified under Subsection D(6) above, or alternative designs in accordance with Subsection D(7) 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 G(1)(b) below.

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

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

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

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

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.

The standard in Subsection G(1)(a) above does not apply:

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

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

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

A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or

A bar screen having a bar spacing of 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].

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

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

Safety standards for stormwater management basins:

This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.

The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection H(3)(a), (b), and (c) for trash racks, overflow grates, and escape provisions at outlet structures.

Requirements for trash racks, overflow grates and escape provisions.

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

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

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

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

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.

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

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

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

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

Stormwater management BMPs shall include escape provisions as follows:

If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection H(3), a freestanding outlet structure may be exempted from this requirement;

Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. 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 H(5) for an illustration of safety ledges in a stormwater management BMP; and

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

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

Safety ledge illustration.

Elevation View-Basin Safety Ledge Configuration

Requirements for a site development stormwater plan:

Submission of site development stormwater plan.

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 I(3) below as part of the submission of the application for approval.

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

The applicant shall submit two copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection I(3) of this section.

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.

Submission of site development stormwater plan. The following information shall be required:

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

Environmental site 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.

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.

Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections C through E are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.

Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

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

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

Calculations.

Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Subsection D of this section.

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

Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J.

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 I(3)(a) through (f) 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.

Maintenance and repair:

Applicability. Projects subject to review as in Subsection A(3) of this section shall comply with the requirements of Subsection J(2) and (3).

General maintenance.

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

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

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

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

If the party responsible for maintenance identified under Subsection I(2)(c) above is not a public agency, the maintenance plan and any future revisions based on Subsection I(2)(g) 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.

The party responsible for maintenance identified under Subsection I(2)(c) above shall perform all of the following requirements:

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

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

Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection I(2)(f) and (g) above.

The requirements of Subsection I(2)(c) and (d) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.

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

Nothing in this 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.

Penalties.

[Amended 4-27-2021 by Ord. No. 09-21]

Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the following penalties:

A fine not to exceed $5,000; and up to 30 days community service along with the completion of a stormwater management class with proof evidencing the violator has received instruction on the importance of stormwater management, from any public or private entity which provides such classes; and/or

Thirty days in jail.

In addition to any penalties set forth above the violator shall be required to remove and restore the property in conformance with this section within 30 days of the date of sentencing and in the event the violator fails to do so, the Township shall complete such removal and restoration and all costs incurred by the municipality shall be added to the fine and collected or restitution.

Severability. 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.

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

All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

If any section, subsection, sentence, clause, phrase or portion of this section is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.

This section shall take effect after second reading and publication as required by law.

Editor's Note: This ordinance also repealed original § 109-184, Storm drainage facilities: nonresidential development, of the 1972 Code, as amended, and original § 109-184.1, Stormwater drainage facilities: residential development, of the 1972 Code, added 2-9-1998 by Ord. No. 5-98, as amended.

Editor's Note: This ordinance states that the provisions shall specifically apply to all non-Pinelands-regulated portions of the Township.

§ 244-209.1 Stormwater management in Pinelands Area.

[Added 4-13-2023 by Ord. No. 13-23]

Scope; purpose.

Policy statement. Flood control, groundwater recharge, erosion control and pollutant reduction shall be achieved using stormwater management measures, including green infrastructure best management practices (BMPs) and nonstructural stormwater management strategies. Green infrastructure BMPs and low-impact development 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. Green infrastructure BMPs and low impact development 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 contained in this section.

Purpose. The purpose of this section is to establish, within the Pinelands Area portion of Jackson Township, minimum stormwater management requirements and controls as authorized by the Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.) and consistent with the Pinelands Comprehensive Management Plan (CMP) (N.J.A.C. 7:50-1.1 et seq.) and the New Jersey Department of Environmental Protection (NJDEP) Stormwater Management Regulations (N.J.A.C. 7:8-1.1 et seq.). The standards in this section are intended to minimize the adverse impact of stormwater runoff on water quality and water quantity, to facilitate groundwater recharge, and to control and minimize soil erosion, stream channel erosion, sedimentation and pollution associated with stormwater runoff. Moreover, Pinelands Area resources are to be protected in accordance with the antidegradation policies contained in the New Jersey Surface Water Quality Standards (N.J.A.C. 7:9B-1.1 et seq.). Additionally, this section is intended to ensure the adequacy of existing and proposed culverts and bridges and to protect public safety through the proper design and operation of stormwater BMPs. If there are any conflicts between a provision required by the Pinelands CMP and a provision required by the NJDEP, the Pinelands CMP provision shall apply.

Applicability.

The terms "development," "major development" and "minor development" are defined in § 244-209.1B in accordance with the Pinelands CMP (N.J.A.C. 7:50- 2.11) and differ from the definitions of "development" and "major development" contained in the NJDEP Stormwater Management Regulations (N.J.A.C. 7:8-1.2).

This section shall apply within the Pinelands Area to all major development, and to minor development meeting the following criteria:

Development involving the construction of four or fewer dwelling units;

Development involving any nonresidential use and resulting in an increase of greater than 1,000 square feet of regulated motor vehicle surfaces; and

Development involving the grading, clearing, or disturbance of an area in excess of 5,000 square feet within any five-year period. For development meeting this criterion, the stormwater management standards for major development set forth in this section shall apply.

This Section shall apply to all development meeting the criteria of Subsection A(3)(b) above that is undertaken by Jackson Township.

Except as provided in § 244-209.1J, the exemptions, exceptions, applicability standards, and waivers of strict compliance contained in the NJDEP Stormwater Management Regulations at N.J.A.C. 7:8-1.1 et seq. shall not apply within the Pinelands Area.

Compatibility with other permit and ordinance requirements.

CONTRIBUTORY DRAINAGE AREA

In the event that a regional stormwater management plan(s) is prepared and formally adopted pursuant to N.J.A.C. 7:8-1.1 et seq. for any drainage area(s) or watershed(s) of which Jackson Township is a part, the stormwater provisions of such a plan(s) shall be adopted by Jackson Township within one year of the adoption of a Regional Stormwater Management Plan (RSWMP) as an amendment to an Areawide Water Quality Management Plan. Local ordinances proposed to implement the RSWMP shall be submitted to the Pinelands Commission for certification within six months of the adoption of the RSWMP per N.J.A.C. 7:8 and the Pinelands CMP.

Definitions; word usage. 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 section 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 NJDEP Stormwater Management Rules at N.J.A.C. 7:8-1.2 unless otherwise defined in the Pinelands CMP at N.J.A.C. 7:50-2.11 in which case the definition corresponds to the CMP definition.

COMPACTION

The increase in soil bulk density.

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

COUNTY REVIEW AGENCY

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

A county planning agency; or

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.

DESIGN ENGINEER

DEVELOPMENT

The change of or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels, and the creation or termination of rights of access or riparian rights, including, but not limited to:

A change in type of use of a structure or land;

A reconstruction, alteration of the size, or material change in the external appearance of a structure or land;

A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land;

Commencement of resource extraction or drilling or excavation on a parcel of land;

Demolition of a structure or removal of trees;

Commencement of forestry activities;

Deposit of refuse, solid or liquid waste or fill on a parcel of land;

In connection with the use of land, the making of any material change in noise levels, thermal conditions, or emissions of waste material; and

Alteration, either physically or chemically, of a shore, bank, or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.

ENVIRONMENTALLY CRITICAL AREA

In the case of development on agricultural land, i.e., lands use for an agricultural use or purpose as defined at N.J.A.C. 7:50-2.11, 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

DRAINAGE AREA

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

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 NJDEP Landscape Project as approved by the NJDEP Endangered and Nongame Species Program.

EROSION

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

GREEN INFRASTRUCTURE

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

Treating stormwater runoff through infiltration into subsoil;

Treating stormwater runoff through filtration by vegetation or soil; or

HIGH-POLLUTANT LOADING AREAS

Storing stormwater runoff for reuse.

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 NJDEP 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.

HUC-11 or HYDROLOGIC UNIT CODE 11

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

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

Any surface that has been compacted or covered with a layer of material so that it prevents, impedes or slows infiltration or absorption of fluid, including stormwater directly into the ground, and results in either reduced groundwater recharge or increased stormwater runoff sufficient to be classified as impervious in Urban Areas by the United States Department of Agriculture, Natural Resources Conservation Service Title 210Engineering, 210-3-1 - Small Watershed Hydrology (WINTR-55) Version 1.0, incorporated herein by reference, as amended and supplemented, available with user guide and tutorials at http://www.wsi.nrcs.usda.gov/products/W2Q/H&H/Tools_Models/WinTr55.html or at Natural Resources Conservation Service, 220 Davidson Avenue, Somerset, NJ 08873. Such surfaces may have varying degrees of permeability.

INFILTRATION

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

MAJOR DEVELOPMENT

Any division of land into five or more lots; any construction or expansion of any housing development of five or more dwelling units; any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any grading, clearing or disturbance of an area in excess of 5,000 square feet.

MINOR DEVELOPMENT

All development other than 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.

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

The manual maintained by the NJDEP providing, in part, design specifications, removal rates, calculation methods, and soil-testing procedures approved by the NJDEP as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the NJDEP 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 NJDEP's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with § 244-209.1C(6) and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.

NUTRIENT

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

PERMEABILITY

The rate at which water moves through a unit area of soil, rock, or other material at hydraulic gradient of one.

PERSON

An individual, corporation, public agency, business trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.

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, ground waters 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 MOTOR VEHICLE SURFACE

Any of the following, alone or in combination:

A net increase in motor vehicle surface; and/or

SEASONAL HIGH WATER TABLE

The total 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, where the water quality treatment will be modified or removed.

The level below the natural surface of the ground to which water seasonally rises in the soil in most years.

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 development is to occur or has occurred.

SOIL

All unconsolidated mineral and organic material of any origin.

SOURCE MATERIAL

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.

STORMWATER

STORMWATER MANAGEMENT BMP

STORMWATER MANAGEMENT MEASURE

STORMWATER RUNOFF

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

WATERS OF THE STATE

WETLAND TRANSITION AREA

An area within 300 feet of any wetland.

WETLANDS or WETLAND

Lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. Wetlands include lands with poorly drained or very poorly drained soils as designated by the National Cooperative Soils Survey of the Soil Conservation Service of the United States Department of Agriculture. Wetlands include coastal wetlands and inland wetlands, including submerged lands. The "New Jersey Pinelands Commission Manual for Identifying and Delineating Pinelands Area Wetlands — a Pinelands Supplement to the Federal Manual for Identifying and Delineating Jurisdictional Wetlands," dated January, 1991, as amended, may be utilized in delineating the extent of wetlands based on the definitions of wetlands and wetlands soils contained in N.J.A.C. 7:50-2.11, 6.3, 6.4 and 6.5.

Stormwater management requirements.

Stormwater management measures for development regulated under this section shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control and stormwater runoff quality treatment in accordance with this section.

Major development shall meet the minimum design and performance standards for erosion control established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90 and 16:25A.

All development regulated under this section shall meet the minimum design and performance standards for groundwater recharge, stormwater runoff quality, and stormwater runoff quantity at § 244-209.1C(15), (16), and (17) by incorporating green infrastructure as provided at § 244-209.1C(14).

All development regulated under this section shall incorporate a maintenance plan for the stormwater management measures in accordance with § 244-209.1I.

Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species in accordance with N.J.A.C. 7:8-5.2(c) and N.J.A.C. 7:50-6.27 and 6.33.

Tables 1, 2, and 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater BMP Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 244-209.1C(14), (15), (16), and (17). When designed in accordance with the most current version of the New Jersey Stormwater BMP Manual and this section, the stormwater management measures found 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 BMP Manual to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the NJDEP 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 NJDEP website at: https://njstormwater.org/bmp_manual2.htm.

Where the BMP tables at N.J.A.C. 7:8-5.2(f) differ with Tables 1, 2 and 3 below due to amendment, the BMP Tables at N.J.A.C. 7:8-5.2(f) shall take precedence, except that in all cases the lowest point of infiltration must maintain a minimum separation of two feet to seasonal high water table as required by § 244-209.1C(8)(b), unless otherwise noted.

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)	2^(b)
			No^(c)	2^(c)
Small-scale bioretention basin^(a)	80 or 90	Yes	Yes^(b)	2^(b)
			No^(c)	1^(c)
Small-scale infiltration basin^(a)	80	Yes	Yes	2
Small scale sand filter^(a)	80	Yes	Yes	2
Vegetative filter strip	60-80	No	No	—

Table 2: Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a 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	2⁽ⁱ⁾
Wet pond^(d)	50-90	Yes	No	2⁽ⁱ⁾

Table 3: BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Variance from N.J.A.C. 7:8-5.3
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (Feet)
Blue roof	0	Yes	No	N/A
Extended detention basin	40-60	Yes	No	2
Manufactured treatment device^(h)	50 or 80	No	No	Dependent upon the device
Sand filter ^(c)	80	Yes	No	2
Subsurface gravel wetland	90	No	No	2
Wet pond	50-90	Yes	No	2⁽ⁱ⁾

Footnotes to Tables 1,2, and 3:
(a)	Subject to the applicable contributory drainage area limitation specified at § 244-209.1C(14)(b).
(b)	Designed to infiltrate into the subsoil.
(c)	Designed with underdrains, where stormwater percolates into the underdrain through the soils and is not directed to the underdrain by an outlet control structure.
(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 § 244-209.1B.
(h)	Manufactured treatment devices that do not meet the definition of "green infrastructure" at § 244-209.1B.
(i)	The top elevation of the impermeable layer or liner must maintain this two-foot minimum separation to the seasonal high water table.

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 NJDEP and the Pinelands Commission in accordance with § 244-209.1E(2). Alternative stormwater management measures may be used to satisfy the requirements at § 244-209.1C(14) only if the measures meet the definition of green infrastructure at § 244-209.1B. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 244-209.1C(14)(b) are subject to the contributory drainage area limitation specified at § 244-209.1C(14)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at § 244-209.1C(14)(b) 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 § 244-209.1J is granted from § 244-209.1C(14).

Hydraulic impacts.

For all major development, groundwater mounding analysis shall be required for purposes of assessing the hydraulic impacts of mounding of the water table resulting from infiltration of stormwater runoff from the maximum storm designed for infiltration. The mounding analysis shall provide details and supporting documentation on the methodology used. Groundwater mounds shall not cause stormwater or groundwater to break out to the land surface or cause adverse impacts to adjacent water bodies, wetlands, or subsurface structures, including, but not limited to, basements and septic systems. Where the mounding analysis identifies adverse impacts, the stormwater management measure shall be redesigned or relocated, as appropriate.

For all applicable minor development, a design engineer's certification that each green infrastructure stormwater management measure will not adversely impact basements or septic systems of the proposed development shall be required.

Design standards for stormwater management measures are as follows:

Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; wetland transition areas; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);

Stormwater management measures designed to infiltrate stormwater shall be designed, constructed, and maintained to provide a minimum separation of at least two feet between the elevation of the lowest point of infiltration and the seasonal high water table;

Stormwater management measures designed to infiltrate stormwater shall be sited in suitable soils verified by testing to have permeability rates between one and 20 inches per hour. A factor of safety of two shall be applied to the soil's permeability rate in determining the infiltration measure's design permeability rate. If such soils do not exist on the parcel proposed for development or if it is demonstrated that it is not practical for engineering, environmental, or safety reasons to site the stormwater infiltration measure(s) in such soils, the stormwater infiltration measure(s) may be sited in soils verified by testing to have permeability rates in excess of 20 inches per hour, provided that stormwater is routed through a bioretention system prior to infiltration. Said bioretention system shall be designed, installed, and maintained in accordance with the New Jersey Stormwater BMP Manual;

The use of stormwater management measures that are smaller in size and distributed spatially throughout a parcel, rather than the use of a single, larger stormwater management measure shall be required;

Methods of treating stormwater prior to entering any stormwater management measure shall be incorporated into the design of the stormwater management measure to the maximum extent practical;

To avoid sedimentation that may result in clogging and reduction of infiltration capability and to maintain maximum soil infiltration capacity, the construction of stormwater management measures that rely upon infiltration shall be managed in accordance with the following standards:

No stormwater management measure shall be placed into operation until its drainage area has been completely stabilized. Instead, upstream runoff shall be diverted around the measure and into separate, temporary stormwater management facilities and sediment basins. Such temporary facilities and basins shall be installed and utilized for stormwater management and sediment control until stabilization is achieved in accordance with N.J.A.C. 2:90;

If, for engineering, environmental, or safety reasons, temporary stormwater management facilities and sediment basins cannot be constructed on the parcel in accordance with Subsection C(8)(f)[1] above, the stormwater management measure may be placed into operation prior to the complete stabilization of its drainage area provided that the measure's bottom during this period is constructed at a depth at least two feet higher than its final design elevation. When the drainage area has been completely stabilized, all accumulated sediment shall be removed from the stormwater management measure, which shall then be excavated to its final design elevation; and

To avoid compacting the soils below a stormwater management measure designed to infiltrate stormwater, no heavy equipment, such as backhoes, dump trucks, or bulldozers shall be permitted to operate within the footprint of the stormwater management measure. All excavation required to construct a stormwater management measure that relies on infiltration shall be performed by equipment placed outside the footprint of the stormwater management measure. If this is not possible, the soils within the excavated area shall be renovated and tilled after construction is completed. Earthwork associated with stormwater management measure construction, including excavation, grading, cutting, or filling, shall not be performed when soil moisture content is above the lower plastic limit;

Dry wells shall be designed to prevent access by amphibian and reptiles;

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 established at § 244-209.1C(16)(d). 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 § 244-209.1G(3)(a);

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;

Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 244-209.1G; and

The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of 2 1/2 inches in diameter.

Manufactured treatment devices may be used to meet the requirements of this section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the NJDEP. Manufactured treatment devices that do not meet the definition of green infrastructure at § 244-209.1B may be used only under the circumstances described at § 244-209.1C(14)(d).

Any application for a new agricultural development that meets the definition of major development at N.J.A.C. 7:8-1.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 244-209.1C(14), (15), (16), and (17) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.

If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 244-209.1C(15), (16), and (17) shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.

Any stormwater management measure authorized under the municipal stormwater management plan or this section shall be reflected in a deed notice recorded in the Ocean County Clerk's Office. 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 § 244-209.1C(14), (15), (16), and (17) 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 § 244-209.11(2)(e). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.

A stormwater management measure approved under the municipal stormwater management plan or this section 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 contained in § 244-209.1C (15), (16), and (17) 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 Ocean County Clerk's Office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection C(12) above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection C(12) above.

Green infrastructure standards.

This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards of this section.

To satisfy the groundwater recharge and stormwater runoff quality standards at § 244-209.1C(15) and (16), the design engineer shall utilize BMPs identified in Table 1 at § 244-209.1C(5) and/or an alternative stormwater management measure approved in accordance with § 244-209.1C(6). 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 system	Area of additional inflow cannot exceed three times the area occupied by the BMP
Small-scale bioretention systems	2.5 acres
Small-scale infiltration basin	2.5 acres
Small-scale sand filter	2.5 acres

To satisfy the stormwater runoff quantity standards at § 244-209.1C(17), the design engineer shall utilize BMPs identified in Table 1 or 2 at § 244-209.1C(5) and/or an alternative stormwater management measure approved in accordance with § 244-209.1C(6).

If a variance in accordance with § 244-209.1J is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3 at § 244-209.1C(5) and/or an alternative stormwater management measure approved in accordance with § 244-209.1C(6) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 244-209.1C(15), (16), and (17).

Groundwater recharge standards.

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

For all major development, the total runoff volume generated from the net increase in impervious surfaces by a ten-year, twenty-four-hour storm shall be retained and infiltrated onsite.

For minor development that involves the construction of four or fewer dwelling units, the runoff generated from the total roof area of the dwelling(s) by a ten-year, twenty-four-hour storm shall be retained and infiltrated through installation of one or more green infrastructure stormwater management measures designed in accordance with the New Jersey Stormwater BMP Manual. Appropriate green infrastructure stormwater management measures include, but are not limited to, dry wells, pervious pavement systems, and small scale bioretention systems, including rain gardens.

For minor development that involves any nonresidential use and will result in an increase of greater than 1,000 square feet of regulated motor vehicle surfaces, the water quality design storm volume generated from these surfaces shall be recharged onsite.

Stormwater from areas of high pollutant loading and/or industrial stormwater exposed to source material shall only be recharged in accordance with § 244-209.1C(16)(h).

Stormwater runoff quality standards.

This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of:

Major development;

Minor development that involves any nonresidential use and will result in an increase of greater than 1,000 square feet of regulated motor vehicle surfaces; and

Any development involving the grading, clearing, or disturbance of an area in excess of 5,000 square feet within any five-year period.

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 established at § 244-209.1C(16)(d) as follows:

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.

The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection C(16)(b) 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.

Table 4: Water Quality Design Storm Distribution
Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)
1	0.00166	41	0.1728	81	1.0906
2	0.00332	42	0.1796	82	1.0972
3	0.00498	43	0.1864	83	1.1038
4	0.00664	44	0.1932	84	1.1104
5	0.0083	45	0.2	85	1.117
6	0.00996	46	0.2117	86	1.1236
7	0.01162	47	0.2233	87	1.1302
8	0.01328	48	0.235	88	1.1368
9	0.01494	49	0.2466	89	1.1434
10	0.0166	50	0.2583	90	1.15
11	0.01828	51	0.2783	91	1.155
12	0.01996	52	0.2983	92	1.16
13	0.02164	53	0.3183	93	1.165
14	0.02332	54	0.3383	94	1.17
15	0.025	55	0.3583	95	1.175
16	0.03	56	0.4116	96	1.18
17	0.035	57	0.465	97	1.185
18	0.04	58	0.5183	98	1.19
19	0.045	59	0.5717	99	1.195
20	0.05	60	0.625	100	1.2
21	0.055	61	0.6783	101	1.205
22	0.06	62	0.7317	102	1.21
23	0.065	63	0.785	103	1.215
24	0.07	64	0.8384	104	1.22
25	0.075	65	0.8917	105	1.225
26	0.08	66	0.9117	106	1.2267
27	0.085	67	0.9317	107	1.2284
28	0.09	68	0.9517	108	1.23
29	0.095	69	0.9717	109	1.2317
30	0.1	70	0.9917	110	1.2334
31	0.1066	71	1.0034	111	1.2351
32	0.1132	72	1.015	112	1.2367
33	0.1198	73	1.0267	113	1.2384
34	0.1264	74	1.0383	114	1.24
35	0.133	75	1.05	115	1.2417
36	0.1396	76	1.0568	116	1.2434
37	0.1462	77	1.0636	117	1.245
38	0.1528	78	1.0704	118	1.2467
39	0.1594	79	1.0772	119	1.2483
40	0.166	80	1.084	120	1.25

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.

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 established at § 244-209.1C(16)(d). 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 § 244-209.1C(15), (16), and (17).

For all major development, stormwater management measures shall be designed to achieve a minimum of 65% reduction of the post-construction total nitrogen load from the developed site, including those permanent lawn or turf areas that are specifically intended for active human use as described at N.J.A.C. 7:50-6.24(c)3, in stormwater runoff generated from the water quality design storm established at § 244-209.1C(16)(d). In achieving a minimum 65% reduction of total nitrogen, the design of the site shall include green infrastructure in accordance with the New Jersey Stormwater BMP Manual and shall optimize nutrient removal. The minimum 65% total nitrogen reduction may be achieved by using a singular stormwater management measure or multiple stormwater management measures in series.

In high pollutant loading areas (HPLAs) and/or areas where stormwater runoff is exposed to source material, as defined in § 244-209.1B, the following additional water quality standards shall apply:

The areal extent and amount of precipitation falling directly on or flowing over HPLAs and/or areas where stormwater is exposed to source material shall be minimized through the use of roof covers, canopies, curbing or other physical means to the maximum extent practical in order to minimize the quantity of stormwater generated from HPLA areas and areas where stormwater runoff is exposed to source material;

The stormwater runoff originating from HPLAs and/or areas where stormwater runoff is exposed to source material shall be segregated and prohibited from commingling with stormwater runoff originating from the remainder of the parcel unless it is first routed through one or more stormwater management measures required at Subsection C(16)(h)[3] below;

The stormwater runoff from HPLAs and/or areas where stormwater runoff is exposed to source material shall incorporate stormwater management measures designed to reduce the post-construction load of TSS by at least 90% stormwater runoff generated from the water quality design storm established at § 244-209.1C(16)(d) using one or more of the measures identified at Subsection C(16)(h)[3] [a] or [b] below. In meeting this requirement, the minimum 90% removal of total suspended solids may be achieved by utilizing multiple stormwater management measures in series:

Any measure designed in accordance with the New Jersey Stormwater BMP Manual to remove total suspended solids. Any such measure must be constructed to ensure that the lowest point of infiltration within the measure maintains a minimum of two feet of vertical separation from the seasonal high-water table; and

Other measures certified by the NJDEP, including a Media Filtration System manufactured treatment device with a minimum 80% removal of total suspended solids as verified by the New Jersey Corporation for Advanced Technology; and

If the potential for contamination of stormwater runoff by petroleum products exists on-site, prior to being conveyed to the stormwater management measure required at Subsection C(16)(h)[3] above, the stormwater runoff from the HPLAs and areas where stormwater runoff is exposed to source material shall be conveyed through an oil/grease separator or other equivalent manufactured filtering device providing for the removal of petroleum hydrocarbons. The applicant shall provide the review agency with sufficient data to demonstrate acceptable performance of the device.

Stormwater runoff quantity standards.

This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts related to applicable major and minor development.

In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 244-209.1D, complete one of the following:

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

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;

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

In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection C(17)(b)[1], , and above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.

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

There shall be no direct discharge of stormwater runoff from any point or nonpoint source to any wetland, wetlands transition area, or surface waterbody. In addition, stormwater runoff shall not be directed in such a way as to increase the volume and rate of discharge into any wetlands, wetlands transition area, or surface water body from that which existed prior to development of the parcel.

To the maximum extent practical, there shall be no direct discharge of stormwater runoff onto farm fields to protect farm crops from damage due to flooding, erosion, and long-term saturation of cultivated crops and cropland.

As-built requirements for major development are as follows:

After all construction activities have been completed on the parcel and finished grade has been established in each stormwater management measure designed to infiltrate stormwater, replicate post-development permeability tests shall be conducted to determine if as-built soil permeability rates are consistent with design permeability rates. The results of such tests shall be submitted to the municipal engineer or other appropriate reviewing engineer. If the results of the post-development permeability tests fail to achieve the minimum required design permeability rate, utilizing a factor of safety of two, the stormwater management measure shall be renovated and retested until the required permeability rates are achieved; and

After all construction activities and required testing have been completed on the parcel, as-built plans, including as-built elevations of all stormwater management measures shall be submitted to the municipal engineer or other appropriate reviewing engineer to serve as a document of record. Based upon that engineer's review of the as-built plans, all corrections or remedial actions deemed necessary due to the failure to comply with design standards and/or for any reason concerning public health or safety, shall be completed by the applicant. In lieu of review by the municipal engineer, the municipality may engage a licensed professional engineer to review the as-built plans and charge the applicant for all costs associated with such review.

Calculation of stormwater runoff and groundwater recharge.

Stormwater runoff shall be calculated by the design engineer using 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, except that the Rational Method for peak flow and the Modified Rational Method for hydrograph computations shall not be used. 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.

In calculating stormwater runoff using the NRCS methodology, the appropriate twenty-four-hour rainfall depths as developed for the parcel by the National Oceanic and Atmospheric Administration, https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj, shall be utilized.

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. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

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 tail water in the design of structural stormwater management measures.

Groundwater recharge may be calculated in accordance with the New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.

Sources for technical guidance.

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

Guidelines for stormwater management measures are contained in the New Jersey Stormwater BMP 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 of § 244-209.1C(5). The New Jersey Stormwater BMP Manual may be utilized as a guide in determining the extent to which stormwater management activities and measures meet the standards of this section.

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

Submissions.

Submissions required for review by the NJDEP 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.

Submissions required for review by the Pinelands Commission should be emailed to appinfo@pinelands.nj.gov.

Solids and floatable materials control standards.

Site design features identified under § 244-209.1C(5), or alternative designs in accordance with § 244-209.1C(6), to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection F(1)(b) below.

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

A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inches across the smallest dimension. Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.

The standard in Subsection F(1)(a) above does not apply:

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

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

Where flows from the water quality design storm established at § 244- 209.1C(16)(d) are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

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

A bar screen having a bar spacing of 0.5 inches. Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).

Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the Water Quality Design Storm established at § 244-209.1C(16)(d); or

Where the NJDEP 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.

Safety standards for stormwater management basins.

This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.

The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection G(3)(a), (b) or (c) below for trash racks, overflow grates, and escape provisions at outlet structures.

Requirements for trash racks, overflow grates and escape provisions.

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

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

The 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.

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

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

The overflow grate spacing shall be no greater than two inches across the smallest dimension.

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

Stormwater management BMPs shall include escape provisions as follows:

If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection G(4) below, a free-standing outlet structure may be exempted from this requirement;

Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Subsection G(5) below for an illustration of safety ledges in a stormwater management BMP; and

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

Safety ledge illustration.

Figure 1. Elevation View — Basin Safety Ledge Configuration

Requirements for a site development stormwater plan.

Submission of site development stormwater plan.

Any application for major development approval shall include a Site Development Stormwater Plan containing all information required in § 244-209.1H(3).

Any application for minor development approval that is subject to this section shall include a Site Development Stormwater Plan containing all information required in § 244-209.1H(4)

The Site Development Stormwater Plan shall demonstrate that the proposed development meets the standards of this section.

The Site Development Stormwater Plan shall contain comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in § 244-209.1C(16)(d). The standards for groundwater recharge and stormwater runoff rate, volume and quality required by § 244-209.1C(15), (16), and (17) and shall be met using the methods, calculations and assumptions provided in § 244-209.1D.

The application submission requirements of Subsection H(1)(a) and (b) above shall be in addition to all other applicable application submission requirements of the municipality's land development regulations.

The applicant shall submit two copies of the Site Development Stormwater Plan. All required engineering plans shall be in CAD Format 15 or higher, registered and rectified to NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Shape Format NAD 1983 State Plane New Jersey FIPS 2900 US Feet. All other required documents shall be submitted in both paper and commonly used electronic file formats such as .pdf, word processing, database or spreadsheet files.

Site Development Stormwater Plan Approval. The Site Development Stormwater Plan shall be reviewed as a part of the development review process by the municipal board or official from whom municipal approval is sought. That municipal board or official shall consult the engineer retained by the Planning and/or Zoning Board (as appropriate) to determine if all the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.

Checklist requirements for major development. Any application for major development approval shall include a Site Development Stormwater Plan containing, at minimum, the following information.

Topographic base map. The Site Development Stormwater Plan shall contain a topographic base map of the site that extends a minimum of 300 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing one-foot contour intervals. The map shall indicate the following: existing surface water drainage, shorelines, steep slopes, soils, highly erodible soils, perennial or intermittent streams that drain into or upstream of any Category One or Pinelands Waters, wetlands and floodplains along with any required wetlands transition areas, marshlands and other wetlands, pervious or vegetative surfaces, existing surface and subsurface human-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown. Jackson Township or the Pinelands Commission may require upstream tributary drainage system information as necessary.

Environmental site analysis. The Site Development Stormwater Plan shall contain a written description along with the drawings of the natural and human-made features of the site and its environs. This description shall include:

A discussion of environmentally critical areas, soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention shall be given to unique, unusual or environmentally sensitive features and to those features that provide particular opportunities for or constraints on development; and

Detailed soil and other environmental conditions on the portion of the site proposed for installation of any stormwater management measures, including, at a minimum:

A soils report based on on-site soil tests;

Location and spot elevations in plan view of all test pits and permeability tests;

Permeability test data and calculations;

[d]

Any other required soil or hydrogeologic data (e.g., mounding analyses results) correlated with location and elevation of each test site;

[e]

A cross section of all proposed stormwater management measures with side-by-side depiction of soil profile drawn to scale and seasonal high water table elevation identified; and

[f]

Any other information necessary to demonstrate the suitability of the specific proposed stormwater management measures relative to the environmental conditions on the portion(s) of the site proposed for implementation of those measures.

Project description and site plan(s). The Site Development Stormwater Plan shall contain a map (or maps), at the same scale as 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.

Land use planning and source control plan. The Site Development Stormwater Plan shall contain a Land Use Planning and Source Control Plan demonstrating compliance with the erosion control, groundwater recharge, stormwater runoff quantity control and stormwater quality treatment required by this section. This shall include, but is not limited to:

Information demonstrating that the proposed stormwater management measures are able to achieve a minimum 65% reduction of the post-construction total nitrogen load, in accordance with § 244-209.1C(16)(g).

Where any stormwater generated from high pollutant loading areas or where stormwater will be exposed to source material, information demonstrating that the proposed stormwater management measures are consistent with § 244-209.1C(16)(h).

Stormwater management facilities map. The Site Development Stormwater Plan shall contain a Stormwater Management Facilities Map, at the same scale as the topographic base map, depicting the following information:

The total area to be disturbed, paved and/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 manage and recharge stormwater; and

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

Groundwater mounding analysis. The Site Development Stormwater Plan shall contain a groundwater mounding analysis in accordance with § 244-209.1C(7)(a).

Inspection, maintenance and repair plan. The Site Development Stormwater Plan shall contain an Inspection, Maintenance and Repair Plan containing information meeting the requirements of § 244-209.1I(2) of this section.

Checklist requirements for minor development. Any application for minor development approval that is subject to this section shall include a Site Development Stormwater Plan, certified by a design engineer, containing, at minimum, the following information:

All existing and proposed development, including limits of clearing and land disturbance.

All existing and proposed lot lines.

All wetlands and required wetland transition areas.

The type and location of each green infrastructure stormwater management measure.

A cross-sectional drawing of each stormwater management measure showing the associated:

Soil profile;

Soil permeability test elevation;

Soil permeability rate; and

The elevation of, and vertical separation to, the seasonal high water table.

A design engineer's certification that each green infrastructure stormwater management measure will not adversely impact basements or septic systems of the proposed development, in accordance with § 244-209.1C(7)(b).

A maintenance plan containing information meeting the requirements of § 244-209.1I(2) of this section.

Exception from submission requirements. With the exception of Subsection H(3)(g) and (4)(g) above, the municipality may modify or waive any required element of the Site Development Stormwater Plan, provided that sufficient information can be provided to demonstrate compliance with the standards of this section. However, application information required in accordance with the Pinelands CMP [N.J.A.C. 7:50-4.2(b)] shall be submitted to the Pinelands Commission, unless the Executive Director of the Pinelands Commission waives or modifies the application requirements.

Maintenance; repair.

All development regulated under this section shall incorporate a maintenance plan, prepared by the design engineer, consistent with Subsection I(2) below. Maintenance and repair shall be implemented in accordance with maintenance plan and Subsection I(3) below.

The maintenance plan shall include the following:

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.

Responsibility for maintenance of stormwater management measures approved as part of an application for major development shall not be assigned or transferred to the owner or tenant of an individual property, unless such owner or tenant owns or leases the entire site subject to the major development approval. 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 the maintenance required.

Responsibility for maintenance of stormwater management measures approved as part of an application for minor development may be assigned or transferred to the owner or tenant of the parcel.

If the person responsible for maintenance identified under Subsection I(2)(a) above is not a public agency, the maintenance plan and any future revisions based on § 244-209.1I(3)(b)[2] shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

For all major development, the following additional standards apply:

The maintenance plan shall include accurate and comprehensive drawings of all stormwater management measures on a parcel, including the specific latitude and longitude and block/lot number of each stormwater management measure. Maintenance plans shall specify that an inspection, maintenance, and repair report will be updated and submitted annually to the municipality;

Stormwater management measure easements shall be provided by the property owner as necessary for facility inspections and maintenance and preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities. The purpose of the easement shall be specified in the maintenance agreement; and

An adequate means of ensuring permanent financing of the inspection, maintenance, repair, and replacement plan shall be implemented and shall be detailed in the maintenance plan. Financing methods shall include, but not be limited to:

The assumption of the inspection and maintenance program by a municipality, county, public utility, or homeowners association;

The required payment of fees to a municipal stormwater fund in an amount equivalent to the cost of both ongoing maintenance activities and necessary structural replacements.

For all minor development, maintenance plans shall be required for all stormwater management measures installed in accordance with this section and shall include, at a minimum, the following information:

A copy of the certified plan required pursuant to § 244-209.1H(4);

A description of the required maintenance activities for each stormwater management measure; and

The frequency of each required maintenance activity.

General maintenance and repair.

Preventative and corrective maintenance shall be performed to maintain the function 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.

The person responsible for maintenance identified under § 244-209.1I(2)(b) shall perform all of the following requirements:

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

The requirements of Subsection I(2)(b), (c), and (d) above 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.

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

Variances.

The exemptions, exceptions, applicability standards, and waivers of strict compliance contained in the NJDEP Stormwater Management Regulations at N.J.A.C. 7:8-1.1 et seq. shall not apply within the Pinelands Area except in accordance with this section.

The municipal review agency may grant a variance from the design and performance standards for stormwater management measures set forth in its municipal stormwater management plan and this section, provided that:

No variances shall be granted from § 244-209.1C(17)(d), which prohibits the direct discharge of stormwater runoff to any wetlands, wetlands transition area, or surface waterbody and the direction of stormwater runoff in such a way as to increase in volume and rate of discharge into any wetlands, wetlands transition area, or surface water body from that which existed prior to development of the parcel;

The municipal stormwater plan includes a mitigation plan in accordance with N.J.A.C. 7:8-4.2(c)11 and N.J.A.C. 7:50-3.39(a)2viii;

The applicant demonstrates that it is technically impracticable to meet any one or more of the design and performance standards on-site. For the purposes of this analysis, technical impracticability exists only when the design and performance standard cannot be met for engineering, environmental, or safety reasons. A municipality's approval of a variance shall apply to an individual drainage area and design and performance standard and shall not apply to an entire site or project, unless an applicant provides the required analysis for each drainage area within the site and each design and performance standard;

The applicant demonstrates that the proposed design achieves the maximum possible compliance with the design and performance standards of this section on-site; and

A mitigation project is implemented, in accordance with the following:

All mitigation projects shall be located in the Pinelands Area and in the same HUC-14 as the parcel proposed for development. If the applicant demonstrates that no such mitigation project is available, the municipality may approve a variance that provides for mitigation within the same HUC-11 as the parcel proposed for development, provided the mitigation project is located in the Pinelands Area.

The proposed mitigation project shall be consistent with the municipal stormwater management plan certified by the Pinelands Commission. If said stormwater management plan does not identify appropriate parcels or projects where mitigation may occur, the applicant may propose a mitigation project that meets the criteria in Subsection J(2)(e)[1] above.

The mitigation project shall be approved no later than preliminary or final site plan approval of the major development.

The mitigation project shall be constructed prior to, or concurrently with, the development receiving the variance.

The mitigation project shall comply with the green infrastructure standards at Subsection C(14).

[6]

If the variance that resulted in the mitigation project being required is from the green infrastructure standards at § 244-209.1C(14), then the mitigation project must use green infrastructure BMPs in Table 1 contained at § 244-209.1C(5), and/or an alternative stormwater management measure approved in accordance with § 244-209.1C(6) that meets the definition of green infrastructure to manage an equivalent or greater area of impervious surface and an equivalent or greater area of motor vehicle surface as the area of the major development subject to the variance. Grass swales and vegetative filter strips may only be used in the mitigation project if the proposed project additionally includes a green infrastructure BMP other than a grass swale or vegetative filter strip. The green infrastructure used in the mitigation project must be sized to manage the water quality design storm established at § 244-209.1C(16)(d), at a minimum, and is subject to the applicable contributory drainage area limitation specified at § 244-209.1C(14)(b), as applicable.

[7]

A variance from the groundwater recharge standards at § 244-209.1C(15) may be granted provided that the total volume of stormwater infiltrated by the mitigation project equals or exceeds the volume required at § 244-209.1C(15).

[8]

A variance from the stormwater runoff quality standards at § 244-209.1C(16) may be granted if the following are met:

The total drainage area of motor vehicle surface managed by the mitigation project(s) must equal or exceed the drainage area of the area of the major development subject to the variance and must provide sufficient TSS removal to equal or exceed the deficit resulting from granting the variance for the major development; and

The mitigation project must remove nutrients to the maximum extent feasible in accordance with § 244-209.1C(16)(g).

[9]

A variance from the stormwater runoff quantity standards at § 244-209.1C(17) may be granted if the following are met:

The applicant demonstrates, through hydrologic and hydraulic analysis, including the effects of the mitigation project, that the variance will not result in increased flooding damage below each point of discharge of the major development;

The mitigation project indirectly discharges to the same watercourse and is located upstream of the major development subject to the variance; and

The mitigation project provides peak flow rate attenuation in accordance with § 244-209.1C(17)(b)[3] for an equivalent or greater area than the area of the major development subject to the variance. For the purposes of this demonstration, equivalent includes both size of the area and percentage of impervious surface and/or motor vehicle surface.

[10]

The applicant or the entity assuming maintenance responsibility for the associated major development shall be responsible for preventive and corrective maintenance (including replacement) of the mitigation project and shall be identified as such in the maintenance plan established in accordance with § 244-209.1I. This responsibility is not transferable to any entity other than a public agency, in which case a written agreement with that public agency must be submitted to the review agency.

Any approved variance shall be submitted by the municipal review agency to the county review agency and the NJDEP, by way of a written report describing the variance, as well as the required mitigation, within 30 days of the approval.

Violations and penalties. Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the following penalties:

For a first offense, a fine of up to $1,000.

For a second offense or subsequent offense, a minimum fine of $500 and up to $2,000.

For any offense, each day a violation exists constitutes a separate and distinct offense.

§ 244-210 Street construction: nonresidential development.

[Amended 6-8-1998 by Ord. No. 15-98]

General requirements. Roadways and all appurtenances, including subgrade, subbase, base courses and pavements, shall be constructed in accordance with the applicable requirements of the standard specifications, as modified herein. All subsurface utilities, including service connections (terminating at least two feet behind sidewalk) to each lot, and all storm drains shall be installed in all roadway areas prior to the construction of final pavement surfaces.

Pavement structure design.

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

As minimum requirements, flexible bituminous concrete pavements shall have an equivalent structural depth of at least 10 inches for local streets and minor collector streets, having a minimum wearing surface of not less than 1 1/2 inches of pavement, Type FABC-1, a minimum bituminous stabilized base course of not less than 2 1/2 inches and a dense graded aggregate base course to provide the remaining six-inch depth; and an equivalent structural depth of at least 13 inches for other street classifications, having a minimum wearing surface of not less than two inches of pavement, Type FABC-1, a minimum bituminous stabilized base course of not less than three inches and a dense graded aggregate base to provide the remaining eight-inch depth. Bituminous stabilized base may be substituted for aggregate base on a one-to-three ratio (stabilized base to aggregate base), all in accordance with the applicable requirements of the standard specifications, and subject to approval of the Township Engineer. Improvements to roads under the jurisdiction of the County of Ocean or the State of New Jersey shall be constructed in accordance with the applicable county or state standards.

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

Subbase and/or aggregate base courses. Where granular subbase courses are included in the pavement design section proposed by the developer, they shall be constructed in accordance with the applicable requirements of the standard specifications. Bituminous concrete pavements (and stabilized bases) may be constructed on subgrade without subbase or aggregate base courses, provided that the subgrade can be satisfactorily prepared as hereinbefore described. Dense graded aggregate base courses shall comply with the requirements of the Standard Specifications for Soil Aggregate, Type 5, Class A, or Type 2, Class A or B. Any subbase course of aggregate base course to be utilized with any type of pavement shall have a minimum thickness of four inches.

Bituminous base courses.

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

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

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

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

§ 244-211 Street design: nonresidential development.

[Amended 6-8-1998 by Ord. No. 15-98]

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

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

Design of local streets. Local streets shall be designed in accordance with the Schedule of Street Design Standards[1] and the following requirements:

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

Culs-de-sac (dead-end streets) shall have a center line length, from the intersecting street center line to the center point of the turnaround of the cul-de-sac, of not less than 100 feet nor longer than 1,200 feet and shall not provide access to more than 25 lots. They shall provide an end turnaround with a pavement radius of not less than 40 feet and a property-line radius of not less than 50 feet, which shall have its center point at or to the left of the center line of the street when viewed toward the closed end. In the event that it is contemplated that a dead-end street shall be extended in the future, a temporary turnaround, meeting the aforementioned design criteria, shall be required.

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

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

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

Editor's Note: The Schedule of Street Design Standards is included at the end of this chapter.

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

Local street. A local street is a street serving only single- family residences and, where feasible, should be either a cul-de-sac or a loop street meeting the requirements hereinabove set forth. A street which serves traffic having origins and destinations other than within the lots which abut the street shall not be considered a local street. The maximum traffic normally expected on a local street shall be 400 vehicles per day.

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

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

Minor arterial. A minor arterial is a street gathering traffic from more than one local, minor or major collector street and leading it to a system of other minor arterials or major arterial streets. Minor arterials shall have a design speed, for alignment and sight distance purposes, of 60 miles per hour and should generally be designed to carry traffic volume approaching 5,000 vehicles per day.

Major arterial. A major arterial is a street designed to provide an inter/intramunicipal link with other roads in the functional system. Major arterials are typified by direct access on a restricted basis, channelized and signalized intersections, where warranted, and a prohibition of parking. Major arterials shall have a minimum design speed, for alignment and sight distance purposes, of 60 miles per hour and should generally be designed to carry traffic volume approaching 10,000 vehicles per day.

Interstate highway. Interstate highways are roadways intended to provide regional movement of people, goods and services between other highways, major arterials and minor arterials. Interstate highways are characterized by limited access, grade separations and no traffic stops. Interstate highways should have a design speed of 60 miles per hour and should be designed to carry traffic exceeding 10,000 vehicles per day.

Classification criteria. Street classifications will be approved by the municipal agency in accordance with the foregoing definitions, in accordance with the provisions of the Township Master Plan, in accordance with the provisions of applicable county and state regulations or plans or, in the absence of specific information from the above, in accordance with its own best judgment concerning the use to which the various streets in any development will be put.

Lots abutting major collectors, minor arterials or major arterials. In any subdivision abutting or being traversed by a major collector street, minor arterial or major arterial, one of the following conditions shall be required by the municipal agency:

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

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

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

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

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

Street design standards. Street design standards shall be appropriate to the expected use of the street, soil, topographical and other physical conditions and to the maintenance of the purposes of this chapter but shall not be less than those set forth in the Schedule of Street Design Standards. (See Exhibit 109-10 at the end of this chapter.)

Street intersections. Street intersections shall be designed according to the following standards:

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

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

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

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

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

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

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

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

Street layout.

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

The municipal agency in all cases may, and in the case of subdivisions having 50 or more lots shall, require provisions for continuing circulation patterns onto adjacent properties and, for this purpose, may require the provision of stub streets abutting adjacent properties.

Subdivisions containing more than 100 lots should have at least two access points from collector streets or arterial highways.

Street names. Street names and development names shall not duplicate, nearly duplicate or be phonetically similar to the names of any existing streets or developments in Jackson Township or contiguous areas of other communities. Any continuation of an existing street shall have the same street name.

Limit of improvements. The developer shall complete all improvements to the limits of the development, unless other provisions have been made and approved by the municipal agency. In those instances where completion of certain improvements would not be possible until the development of adjacent land takes place, alternate temporary improvements may be constructed subject to the approval of the municipal agency, and cash or a certified check representing the difference between the value of the temporary improvements and the required improvements may be accepted by the Township Committee to be credited toward the completion of such improvements at such time as the adjacent land develops.

Streets serving other than single-family detached homes. The right-of-way width and other standards for internal roads and alleys in multifamily, commercial and industrial developments may be determined by the Board on an individual basis and shall, in all cases, be of sufficient width and design to safely accommodate maximum traffic, parking and loading needs and maximum access for fire-fighting equipment and shall generally conform to the requirements herein.

Reserve strips. There shall be no reserve strips or areas controlling access to streets except where control and disposal of the land comprising such strips or areas have been placed in the hands of the Township Committee under conditions approved by the municipal agency.

§ 244-212 Residential streets.

[Added 6-8-1998 by Ord. No. 15-98]

Streets in residential developments shall be designed in accordance with Subchapter 4 (Streets and Parking) of N.J.A.C. 5:21 (Residential Site Improvement Standards), as amended.

§ 244-213 Streetlighting: installation.

[Amended 8-26-1996 by Ord. No. 19-96; 9-11-2000 by Ord. No. 23-00]

Streetlights shall be of a type approved by resolution of the Township Committee and by the electric utility company servicing the proposed development and approved by the Township Planning Board and located so as to provide an average maintained lighting level of 0.4 horizontal footcandle with a uniformity ratio of 6 to 1 on all local, local collector and minor collector streets and 0.6 horizontal footcandle with a uniformity ratio of 4 to 1 on all major collector, minor arterial and principal arterial streets. The developer shall pay the full cost for initial installation of any streetlights and in accordance with § 244-214 herein, the operation and maintenance costs until such time as the municipality assumes payment for the operation and maintenance costs of such streetlighting.

§ 244-214 Streetlighting: transfer to municipality.

[Added 9-11-2000 by Ord. No. 23-00]

If a municipal agency includes as a condition of approval of an application for development the installation of streetlighting on a dedicated public street connected to a public utility, then, upon notification in writing by the developer to the municipal agency and the Township Committee that streetlighting on such dedicated public street has been installed and accepted for service by the public utility and that certificates of occupancy have been issued for not less than 50% of the dwelling units and not less than 50% of the floor area of any nonresidential uses on such dedicated public street or portion thereof, the municipality shall, within 30 days following receipt of said notice, make appropriate arrangements with the public utility and assume the payment of the cost of the streetlighting on said dedicated public street on a continuing basis. Compliance with the provisions of this section shall not be deemed acceptance of the street by Jackson Township.

§ 244-215 Street signs.

[Amended 6-8-1998 by Ord. No. 15-98]

Nonresidential development.

Street name signs shall be reflectorized four-way-type (two-head) all-aluminum construction, known as a "tomcat," vandalproof street name sign or equivalent, with the following features:

The construction of the tomcat vandalproof street name sign shall be as manufactured with all extrusions to be made of 6063-T5 aluminum alloy with a solid three-fourths-inch-diameter metal threaded center staff, consisting of a compression spring and locking nut for mounting inside the wall of the post.

Lettering on the street name signs shall be at least six inches for uppercase letters and 4 1/2 inches for lowercase letters, with supplementary lettering to indicate the type of street (e.g., street, avenue, road, etc.), which shall be in smaller lettering at least three inches in height. Conventional abbreviations are acceptable, except for the street name itself.

[Amended 4-28-2003 by Ord. No. 10-03]

The reflectorized legend and background shall be of a contrasting color and should have a white message and border on a green background. The sign faces shall be of a high- intensity type, fabricated from Scotchlite brand reflective sheeting, high-intensity grade, as manufactured by 3M, or an approved equal. All numbers and letters shall be of a heat-sealed type.

The posts shall be of galvanized-steel type or approved equal and shall be of a length of 12 feet, installed in a concrete base.

Street signs shall be properly installed at each street intersection. Street signs shall be placed, two per intersection, on the near right-hand corner, as viewed from both directions, on the street, which is expected to carry the greatest traffic through the intersection. Mounting shall be in accordance with the standard procedures of the Township or with requirements adopted by the Township Committee. At signalized intersections, street signs shall be suspended over the intersection. Street signs shall be placed before any certificate of occupancy for houses on the subject street is issued.

[Amended 4-28-2003 by Ord. No. 10-03]

Residential development. Street and traffic signs for all residential development shall be installed in compliance with Subchapter 4 (Streets and Parking) of N.J.A.C. 5:21 (Residential Site Improvement Standards), as amended.

Lettering on the street name signs shall be at least six inches for uppercase letters and 4 1/2 inches for lowercase letters, with supplementary lettering to indicate the type of street (e.g., street; avenue, road, etc.), which shall be in smaller lettering at least three inches in height. Conventional abbreviations are acceptable, except for the street name itself.

[Added 4-28-2003 by Ord. No. 10-03]

§ 244-216 Swimming pools.

Commercial or private club swimming pools.

Location of club or bathhouse. All commercial or private club swimming pools shall provide a suitable club- or bathhouse building. The club- or bathhouse for an outdoor commercial or private club swimming pool shall be set back not less than 100 feet from the front property line and not closer than 50 feet to the side and rear property lines. However, no club- or bathhouse shall be required for a hotel or a motel.

Pool location. An outdoor commercial or private club swimming pool shall be located not less than 25 feet from the side or rear of the clubhouse, bathhouse, motel or hotel on the building lot and not less than 100 feet from the front property line and not less than 50 feet from the side and rear property lines.

Off-street parking.

Ample parking spaces shall be provided in an area or areas located not less than 100 feet from the front property line and no less than 50 feet from the side or rear residential property lines.

For a private club with a membership of up to 100 members, not less than 80 car spaces shall be provided. For each additional 25 members or a fraction thereof, not less than 20 additional car spaces shall be provided.

For a commercial pool with up to 100 lockers or clothes baskets, there shall be provided not less than 40 car spaces, and for each additional 25 lockers or clothes baskets, not less than 10 additional car spaces, and, in addition thereto, two car spaces for each three family lockers.

Size of pool.

A swimming pool for a private club, limited to a maximum of 100 members, shall have a minimum size of 1,800 square feet, and for each additional 25 members or fraction thereof, the pool shall be enlarged by 450 square feet.

For a commercial swimming pool limited to a total of 100 lockers or baskets for bathers' clothing, the minimum size of the pool shall be 2,000 square feet, and for every additional 25 lockers or baskets or fraction thereof, the pool shall be enlarged by 500 square feet.

Swimming section. The diving section shall be greater than 5 1/2 feet in depth, and the nondiving section shall be less than 5 1/2 feet in depth. The area reserved around each diving board or platform provided for diving purposes shall be not less than 300 square feet.

Pump location. The pump of a filtration or pumping system of a commercial swimming pool or private club pool shall be located not less than 50 feet from any side or rear property line.

Deck area or walks surrounding the swimming pools. The area devoted to decks or walkways surrounding the swimming pools shall be a minimum of 10 feet in width and shall not be a grass surface.

Lounging and spectator area. In addition to the decks or walks surrounding the swimming pool, an area shall be provided for lounging or spectator use. The area devoted to lounging or spectator use shall be a minimum of 1 1/2 times the water surface areas of all swimming pools. The surface of the lounging and spectator areas shall not be grass.

Club- and bathhouse facilities. The club- and bathhouse shall be equipped with separate facilities for men and women. These facilities shall include adequate dressing rooms, lockers, showers and toilets.

Wading pool. A swimming pool for private club or commercial use shall provide a separate wading pool.

Pool enclosure. To provide safety and a degree of privacy, an outdoor swimming pool for private club or commercial use shall be surrounded entirely by a suitably strong tight fence. All supporting structures shall be on the inside of the fence, and the top of such support shall be at least one inch lower than the top of the fence.

Lighting. A complete system of artificial lighting shall be provided for a swimming pool, including lounging and parking areas, which is operated by a private club or for commercial use. Arrangement and design of lights shall be such that all parts of the pool and its appurtenances shall be clearly visible to attendants. All lighting fixtures shall be shielded so as to prevent any direct beam from falling upon any adjoining property. All on-site and underwater lighting shall be designed, installed and grounded so as not to create a hazard to bathers.

Noise. No sound-amplifying system shall be operated or other activities permitted at any swimming pool for commercial or private club use which shall cause undue noise or constitute a nuisance to the surrounding neighbors.

Private, residential swimming pools.

Types of pools.

Permanent underground.

Permanent aboveground: aboveground pools equipped with fences built above the top level of the pool.

Temporary aboveground: aboveground pools not equipped with fences built above the top of the pool.

Lighting. All lighting fixtures for a private swimming pool shall be installed so as to comply with all applicable safety regulations and shall be shielded so as to prevent any direct beam of light from shining on any adjoining property.

Electric lines. No overhead electric lines shall be carried across any swimming pool or wading area.

An application for a permit to construct a private swimming pool shall include a plot plan or survey of the property clearly showing the location of the proposed pool with setback distances from the property lines and distances from buildings and structures on the property. The plan shall be adequate for the Construction Official to clearly identify the proposed pool location in the field.

Pools that are less than 24 inches deep or having a surface area less than 250 square feet, except when such pools are permanently equipped with a water-recirculating system or involve structural materials, shall not require a permit.

If required by the Construction Official, the application for an in-ground swimming pool shall include a grading plan showing existing and proposed grades and the proposed flow of surface drainage. This plan shall also show the location of the proposed pool and any appurtenances and be signed and sealed by a professional engineer licensed to practice in the State of New Jersey.

Pump location.

A pump of a filtration or pumping station for a private residential swimming pool shall be situated a minimum of 15 feet from the rear lot line.

The location of a pump of a filtration or pumping station for a private residential swimming pool shall meet the minimum required side yard setback distances for principle buildings, as specified in this chapter, for the zoning district within which the property is located.

Enclosure.

In-ground pools shall be surrounded entirely by a fence, with no openings greater than a two-inch square, and shall be capable of holding a live load of 250 pounds between posts located not more than eight feet apart; however, the residence may serve as part of the enclosure. The fence shall be located not less than six feet from the closest edge of the pool. Fences shall be at least four feet high above grade and no more than six feet in height, and, if made of wire, they must be of the chain-link type. All supporting structures shall be on the inside of the fence, and the top of such support shall be at least one inch lower than the top of the fence.

Permanent aboveground pools constructed with an attached deck and fence being at least four feet in height above ground level and capable of holding a live load of 250 pounds between posts located not more than eight feet apart need no additional fencing.

Temporary aboveground pools, when not in use, must be emptied or covered with a suitable protective covering, securely fastened or locked in place unless enclosed by a fence meeting the requirements for a permanent underground pool.

Gate. Any opening or openings in the fence to afford entry to the pool shall be equipped with a gate similar to the fence and shall extend from not more than two inches above the ground to the height of the fence. The gate shall be of a self-closing type, opening outwardly only, and shall be equipped with a lock and key or padlock and chain and shall be kept locked, except when the pool is in use.

§ 244-217 Traffic control devices.

The developer shall, prior to final acceptance, install all traffic control devices required within any development or, with the consent of the Township Committee, may pay to the Township Treasurer a nonrefundable sum, in cash or certified check, in the amount set by the Township Engineer, equal to the cost of all necessary traffic control devices not installed by the developer. Traffic control devices shall include but are not limited to signs, traffic lines, lights, reflectors and channelizing markers. The number, type, legend, placement and size of all traffic control devices shall be in accordance with the Manual on Uniform Traffic Control Devices by the United States Department of Transportation and the requirements of municipal, county and state regulations and shall be according to an approved plan submitted at the time of final plat approval. Construction details of all proposed traffic control devices shall be in accordance with standards prepared by the Township Engineer and approved by the Township Committee.

§ 244-218 Traffic impact assessment.

A traffic impact assessment shall be submitted by the applicant for all preliminary major subdivisions involving the creation of 25 or more lots, all preliminary major site plans proposing 20,000 square feet or more of gross floor building area, except as specifically waived in whole or in part by the municipal agency. A traffic impact study shall include the following:

A description of the proposed project, which shall include:

The purpose and scope of the project;

The suitability of the site for the intended project; and

The estimated resident population, if applicable.

An inventory and description of existing traffic conditions within the area impacted by the proposed development.

Impacts.

An assessment of the traffic impacts of the project.