A.
Accessory buildings as part of principal buildings.
Any accessory building having a common wall, roof or foundation with
the principal building shall be considered part of the principal building,
and the total structure shall adhere to the yard requirements for
the principal building.
B.
Accessory buildings and structures not to be constructed
prior to principal building. No construction permit shall be issued
for the construction of an accessory building or structure other than
construction trailers, storage sheds or farm accessory buildings prior
to the issuance of a construction permit for the construction of the
main building upon the same premises. If construction of the main
building does not precede or coincide with the construction of the
accessory building or structure, the Construction Official shall revoke
the construction permit for the accessory building or structure until
the construction of the main building has proceeded substantially
toward completion.
E.
Location. An accessory building or structure may not be erected in required front yards and shall be set back from side and rear lot lines as prescribed in Article IV except that if erected on a corner lot, the accessory building or structure shall be set back from the side street to comply with the setback line applying to the principal building for that side street and except further that no poultry or livestock shelter (excluding dog runs or other shelters for household pets) shall be erected, used or located closer than 100 feet to any property line. If the height of an accessory building or structure exceeds the minimum side and/or rear yard setbacks established by Article IV of this chapter, the minimum side and/or rear yard setbacks shall be increased to the height of the accessory building or structure.
[Amended 4-8-2003 by Ord. No. 0210]
All streets shall be provided with manholes,
inlets and pipes where the same may be necessary for proper drainage.
Where nonstructural means of controlling surface runoff are feasible
and adequate, i.e., natural drainage channels, grassy swales, drainage
ditches and other conveyances not requiring the use of impervious
cover, such nonstructural means may be utilized if approved by the
Board Engineer. The requirements of this section shall not be satisfied
with the construction of dry wells.
A.
The system shall be adequate to carry off the stormwater
and natural drainage water which originates not only within the lot
or tract boundaries, but also that which originates beyond the lot
or tract boundaries in their current state of development and coming
to or accumulating on the tract. The system shall be extended along
the full length of any road improvement. No stormwater runoff or natural
drainage water shall be so diverted as to overload existing drainage
systems to create flooding or the need for additional drainage structures
on other private properties or public lands without proper and approved
provisions being made for taking care of these conditions. Over-the-sidewalk,
under-the-sidewalk and/or through-the-curb drains for the purpose
of disposing the sump pump and/or roof leader runoff are prohibited.
These facilities must discharge into an adequate watercourse or drainage
system, which may be natural or man-made. Drainage discharges from
sump pumps, roof gutters, pools, foundation drains and curtain drains
which are extended to discharge within the front yard or are to be
extended into the road right-of-way shall be tied to a header system
which discharges into the storm sewer system at an inlet or a manhole.
Such discharge may be directed into swales, open ditches or a natural
watercourse where a drainage discharge header system or storm sewer
system does not exist.
B.
The determination of pipe and box culvert sizes shall
be based on hydraulic computations using the rational method in which
the actual watershed area tributary to the structure is measured.
Determination of the runoff coefficient "C" shall be as contained
in the Technical Manual for Stream Encroachment, August 1984, prepared
by the New Jersey Bureau of Flood Plain Management, latest edition,
with consideration given for the physical features of the drainage
basin and future density of development.
(1)
In computing runoff, the rational formula shall be
used:
|
Q = CIA
|
|
Where:
| ||||
|---|---|---|---|---|
|
Q
C
I
A
|
=
=
=
=
|
The volume in cubic feet per second.
The runoff factor.
The intensity of rainfall in inches per hour.
The watershed area in acres.
| ||
(2)
A minimum runoff coefficient shall be used as follows:
|
Land Use
|
Runoff Factor "C"
| |
|---|---|---|
|
Parklands, golf courses, etc.
|
0.15 to 0.30
| |
|
Open residential
|
0.30 to 0.50
| |
|
Dense residential and business
|
0.50 to 0.70
| |
|
Commercial and industrial
|
0.70 to 0.90
|
C.
In general, where pipe sizes would be four feet in
diameter or larger, open channels may be permitted. Such channels
shall be properly cleared and graded with side slopes not to exceed
three feet horizontally to one foot vertically. Maximum design velocities
for channels, in feet per second, shall not exceed three for fine
sand to firm loam, five for stiff clay to hardpan and 15 for a concrete-lined
ditch. Velocity shall be controlled by the use of check dams or ditch
banks which shall be protected by the use of sod, riprap or paving,
as design velocity dictates.
D.
No storm drainage pipes of less than 12 inches in
diameter or, if the run exceeds 50 feet, of less than 15 inches in
diameter shall be installed. Inlets shall be spaced so that the runoff
water in gutters does not exceed 1,000 feet or one block, whichever
is less. Manholes or inlets shall be located wherever a change in
grade or alignment of a storm drain occurs but in any case not more
than 500 feet apart. Where pipe sizes are increased, the invert of
the larger pipe shall be dropped so the tops of the pipes will be
at the same elevation. Outlet pipes shall extend to the edge of existing
streams and must be provided with concrete headwalls or suitable end
sections. Underdrains with minimum pipe size of six inches must be
constructed where groundwater interferes with the stability of the
road base or with pavement construction.
E.
Where piping drains a low point from which there can
be no surface runoff without flooding curb and sidewalk areas, the
design shall be based on standard rainfall curves and shall be based
on a ten-year storm. In other cases, the pipe size may be based on
a two-year storm. Box culverts shall be designed on the basis of a
fifteen-year storm. Pipe grades shall be so designed that a minimum
velocity of 2.5 feet per second will be obtained when the pipe is
flowing one-fourth full. All drainage calculations must be preliminary
reviewed and approved by the Board Engineer.
F.
Subsurface structure excavations shall be carried
out by the developer and, only when considered necessary by the Board
Engineer, shall be carried below the required facility installation
level to remove and replace unstable soils with thoroughly tamped
gravel, crushed stone or crushed slag. Adequate bracing, shoring and
sheeting shall be installed to protect workmen, members of the public,
public and private property and the work underway. Where deemed necessary
by the Board Engineer, the developer shall provide, install and operate
an adequate well-point system for dewatering to stabilize excavation
bottoms and banks.
G.
Unless otherwise specifically approved by the Board
Engineer, all drainage pipes shall be reinforced concrete pipe when
used, and shall be Class III, Wall B, and all reinforced concrete
pipes shall have flexible, rubber-type gasket joints, with both pipe
and gasket conforming to the American Society for Testing Materials
specifications therefor, as amended and revised to date. Corrugated
metal pipe will not be allowed except under very special conditions
as approved by the Board Engineer and shall conform to the requirements
of the American Association of State Highway Officials (AASHO) specifications
therefor, as amended to date. All corrugated metal pipe and pipe arch
shall be fully bituminous-coated in accordance with current New Jersey
Department of Transportation specifications.
H.
When allowed, corrugated aluminum pipe and pipe arch
shall conform to the requirements of AASHO Designation M-196-62 or
AASHO Designation M-211-65, both as amended. The aluminum alloy sheets
shall conform to the requirements of the American Society of Testing
Materials B209 Alloy Alcad 3004-H34, as amended.
I.
Where used, cast-iron pipe, together with mechanical
joints, shall conform to the American Standards Association specifications
therefor, and unless otherwise specified by the Township Engineer,
cast-iron pipe shall be Class 22 for pipe diameters of 12 inches or
less and Class 21 thickness for a pipe diameter of 14 inches or more.
J.
All drainage pipes shall be laid in straight lines
between drainage structures except where otherwise specifically provided.
When deviation from a straight line is permitted, the deflection of
each joint shall not exceed the manufacturer's recommended maximum
for the pipe, joint and size of pipe being installed. All pipe shall
conform to specified lines, grades and dimensions.
K.
No defective or leaking pipes, joints, connections,
manholes, inlets or other parts of the work will be acceptable. All
visible leakage of any description, no matter where located, shall
be corrected by the contractor in a manner satisfactory to the Board
Engineer.
L.
Manholes, inlets and catch basins shall be constructed
in accordance with the Standard Construction Details shown in construction
diagrams, which are a part of this chapter. The foundation for all
manholes, inlets and catch basins shall be Class D concrete, as specified
elsewhere herein. Concrete blocks and bricks shall be laid with vertical
joints staggered. Joints shall be not more than one-half-inch thick
and shall be completely filled with a 1 to 2 cement-sand mortar. The
masonry shall be carried to such a height that a mortar joint not
more than one-half-inch thick will be required for setting the head
casting without using split blocks or bricks. Outside walls shall
be plastered with a one-half-inch-thick coat of mortar troweled to
a smooth finish.
(1)
Concrete blocks, when used for the construction of
manholes, inlets or catch basins, shall have the required radius and
material content and shall otherwise conform to applicable requirements
of the American Society for Testing Materials specifications, as amended.
(2)
Bricks, when used for the construction of manholes,
inlets and catch basins, shall conform to Grade MA of the American
Society for Testing Materials specifications, as amended.
(3)
Iron castings shall conform to the requirements of
the American Society for Testing Materials specifications for gray
iron castings, as amended.
M.
Lots shall be graded to secure proper drainage away
from the buildings. Additionally, drainage shall be provided in a
manner which will prevent the collection of stormwater in pools or
other unauthorized concentrations of flow, and, to the greatest extent
possible, water shall not flow across adjacent property lines.
N.
A final drainage plan shall accompany the final subdivision
or site plan. Such drainage plan shall show the same information as
required on the preliminary plan with the addition that the individual
lot grading shall be shown as follows:
(1)
Final grades shall be shown for each lot corner, all
high and low points and breaks in grade, finished floor elevation
of structures, finished grade of septic systems, if applicable, and
at the corners of tentative structure locations. If the use of drainage
swales is intended, the elevation of these swales shall be shown.
The minimum grade of disturbed areas shall be 1 1/2%.
(2)
Prior to construction of foundation walls, an as-built
plan of the horizontal and vertical location of the foundation footing
shall be submitted to the Board Engineer and/or Construction Official
for review and approval. As a condition precedent to the issuance
of certificates of occupancy, the developer shall submit an as-built
lot grading plan to the Township bearing an engineer's certification
that the lot grading complies with the approved final lot grading
and soil erosion control plans.
O.
Detention or retention basins will be required to
hold stormwater runoff such that discharge from the site will not
exceed predevelopment rates. A waiver of this provision may be granted
only when the applicant shows that the additional runoff resulting
from the proposed development will be negligible. When detention or
retention basins are required, they shall be designed to the satisfaction
of the Board Engineer and, where feasible, the outlet from the detention
facility must require that 90% of the runoff from 1 1/4 inches
of rainfall, falling in two hours, be retained so that over 90% will
be evacuated prior to 36 hours. Detention and retention basins for
single-family dwelling, noncluster subdivisions shall be constructed
on a separate lot specifically reserved for such purpose, which lot
shall be dedicated to the Township or owned and maintained by a homeowners'
association. Detention and retention basins for cluster and multifamily
residential developments shall be located in common space to be maintained
by the homeowners' association. Detention and retention basins in
nonresidential developments shall be owned and maintained by the property
owner(s). The following exceptions to these provisions will be acceptable
in any case:
(1)
Retention will not be required to an extent which
would reduce the outlet size to a diameter less than three inches.
(2)
Dry basins serving residential projects may allow
evacuation of 90% over 18 hours.
(3)
In cases where runoff is from single-family housing
and unimproved areas only and where the runoff enters detention basins
after moving by sheet flow over at least 30 feet of lawn or leaf mulch
areas, outlets shall be designed so that retention storage, when full,
will be 90% evacuated over 12 hours.
P.
Regional detention or retention basins utilized by
several property owners within a drainage basin are encouraged, and
the feasibility of such joint facilities must be examined by the applicant
and reported upon to the Board Engineer.
Q.
Approval of drainage structures shall be obtained
from the appropriate municipal, county, state and federal agencies
and offices. Each applicant shall make appropriate application to
the New Jersey Department of Environmental Protection and Energy,
the Salem County Engineering Department, the Army Corps of Engineers
and the Board Engineer. Final approval shall not be effective until
letters of approval from the proper governmental authorities shall
be furnished to the administrative officer with a copy of each letter
forwarded to the Board Engineer.
R.
Drainage right-of-way easements.
(1)
When required by the Township and as indicated on
an approved development plan, a drainage right-of-way easement shall
be provided to the Township where a tract or lot is traversed by a
watercourse, surface or underground drainageway or drainage system,
channel or stream.
(2)
The drainage right-of-way easement shall conform substantially
with the lines of such watercourse and, in any event, shall meet any
minimum widths and locations as shown on any adopted Official Map
or Master Plan. Such easement shall be expressed on the plat as follows:
"Drainage easement granted for the purposes provided and expressed
in the Land Development Ordinances of Pilesgrove Township."
S.
For any development consisting of 10 acres or more
than one acre of lot coverage, the applicant shall provide an analysis
of any additional water which will drain from the site as a result
of the proposed site plan and/or subdivision, such analysis to specifically
document the anticipated impact that the increased water flow will
have upon existing drainage structures located between the site and
the downstream facilities and structures.
T.
Any development, regardless of total area, which is
determined to be or may cause other areas or facilities to be subject
to a stormwater impact which would cause hazardous or unsafe conditions
shall provide for on-site storage and controlled release of stormwaters.
U.
All construction shall be in accordance with the Standard
Construction Details shown in construction diagrams, as promulgated
by the Board Engineer and adopted by the Township in accordance with
law.
A.
All permitted fences and walls shall be situated on
a lot in such a manner that the finished side of the fence or wall
shall face adjacent properties. All fences and walls shall be erected
within the property lines and shall not encroach off-lot or into the
street right-of-way. No fence or wall shall be erected of barbed and/or
electrified wire, topped with metal spikes or constructed of any material
or in any manner which may be dangerous to persons or animals, except
that these provisions shall not apply to farms and except further
that fences or walls permitted for nonresidential uses in the LM District
may be topped by a barbed and/or electrified wire protective barrier
and except further that requirements of state or federal regulations
shall prevail. All permitted fences and walls, except for farm fences,
shall require the issuance of a zoning permit.
B.
On any lot in any district, no wall or fence shall
be erected or altered so that said wall or fence shall be over four
feet in height in front yard areas and six feet in height in side
and rear yard areas except:
(1)
A dog run or privacy area may have fencing a maximum
of seven feet in height, provided that such area is located in rear
yard areas only and is set back from any lot line by at least 15 feet
or the distance required for accessory buildings in the zoning district
in which it is located, whichever is greater.
(4)
Farm fences are exempt and shall not require construction
permits.
(5)
Buffer areas and landscape screening shall meet the requirements specified in §§ 145-28F and 145-57B(3)(t) except that approved constructed screening shall consist of a masonry wall or barrier or a uniformly painted fence of fire-resistant material at least six feet in height, no more than eight feet above finished grade at the point of construction. Such wall, barrier or fence may be opaque or perforated, provided that not more than 50% of its area is open.
C.
Sight triangle easements.
(1)
Sight triangle easements shall be required at intersections
of a street with another street and at intersections of a street with
a driveway providing ingress and/or egress to nonresidential developments.
The sight triangle easement shall be in addition to the specified
right-of-way width of a street and cartway width of a driveway and
shall not contain any grading, planting or structure more than 12
inches above the center line of the street and/or driveway except
that street signs, fire hydrants and light standards may be located
within a sight triangle easement.
(2)
The sight triangle is that area outside of the street
right-of-way or driveway cartway, bounded by the intersecting street
right-of-way or driveway cartway lines and the straight line connecting
sight points, one each located on the two intersecting street or driveway
center lines. In the instance of intersections with no stop controls,
the sight points shall be 90 feet.
(3)
In the instance of stop-controlled intersections,
sight triangles shall be provided as follows in accordance with the
standards established by the Institute of Traffic Engineers, specifically,
the most current edition of the Transportation and Engineering Handbook.
The required dimension of the sight triangle shall depend upon the
design speed of the uncontrolled street, which design speed shall
be established by the Board Engineer, and the sight triangle shall
be laid out so that a driver 15 feet from the proposed or future edge
of pavement of the uncontrolled street can see approaching traffic
at the following distances related to the design speed:
[Amended 4-8-2003 by Ord. No. 0210]
|
Design Speed of Uncontrolled Street
(miles per hour)
|
Minimum Required Sight Distance
(feet)
| |
|---|---|---|
|
25
|
250
| |
|
30
|
300
| |
|
35
|
350
| |
|
40
|
400
| |
|
45
|
450
| |
|
50
|
500
|
(4)
Additional lands may be required to be included within
the sight triangle easement in order to provide an unobstructed view
for the entirety of the minimum distances noted hereinabove.
(5)
The dedication of sight triangle easements shall be
expressed on a subdivision plat or site plan as follows: "Sight triangle
easement deeded for purposes provided for and expressed in the Land
Development Ordinance of Pilesgrove Township."
A.
Streetlighting.
(1)
Streetlighting shall be provided for all street intersections.
Moreover, additional streetlighting may be required for specific locations
as deemed necessary for safety reasons and determined by the Board
Engineer: e.g., in locations with limited or hampered sight distance
due to existing vegetation, a sharp curve of the street or an obtuse
or sharply angled intersection.
[Amended 4-8-2003 by Ord. No. 0210]
(2)
The type of required streetlighting to be supplied
shall be specified by the Board Engineer. The light intensity provided
at ground level shall average at least 0.5 footcandles at intersections
and 0.3 footcandles for other streetlighting.
[Amended 4-8-2003 by Ord. No. 0210]
(3)
Wherever electric utility installations are required
to be underground, the applicant shall provide for underground service
for required streetlighting.
(4)
Streetlighting in addition to that required in Subsection A(1) hereinabove may be provided in planned developments which are optional development alternatives at the discretion of the developer and subject to the approval of the Board Engineer and Board. Such streetlighting is optional and shall be maintained and operated by a homeowners' association established for the planned development. Optional streetlighting shall adhere to the standards set forth in Subsection B hereinbelow. In cases where the developer proposes a type of lighting fixture other than that adopted by the Township for the required intersection and streetlighting, and consistent with a lighting plan for the planned development, the homeowners' association also shall maintain and operate the required streetlighting.
[Amended 4-8-2003 by Ord. No. 0210]
(5)
In the event that the developer elects to install more streetlighting than required by the provision of Subsection A(1) or nonstandard lighting fixtures, agreements between the Township and the developer, together with its successors and assigns, shall be entered into memorializing the perpetual obligations of the homeowners' association for maintenance and operation as hereinabove described.
B.
On-site lighting.
(1)
All parking areas and walkways thereto and appurtenant
passageways and driveways serving commercial, public, office, multiple-family
or other uses having common off-street parking and/or loading areas
shall be adequately illuminated for security and safety purposes.
As much lighting as possible should be automatically turned off during
nighttime hours.
(2)
The lighting plan in and around the parking areas
shall provide for nonglare, recessed lens lights focused downward.
The light intensity provided at ground level shall be indicated in
footcandles on the submitted plans and shall average at least 0.5
footcandles at intersections and 0.3 footcandles elsewhere in the
area to be illuminated. Lighting shall be provided by fixtures with
a mounting height not more than 20 feet or the height of the building,
whichever is less, measured from the ground level to the center line
of the light source.
(3)
Any outdoor lighting, such as building and sidewalk
illumination, driveways with no adjacent parking, the lighting of
signs and ornamental lighting, shall be shown on the lighting plan
in sufficient detail to allow a determination of the effects upon
adjacent properties, traffic safety and overhead skyglow. The objectives
of these specifications is to minimize undesirable off-premises effects.
No light shall shine into windows or onto streets and driveways in
such a manner as to interfere with or distract driver vision. To achieve
these requirements, the intensity of such light sources, the light
shielding and similar characteristics shall be subject to site plan
approval.
A.
Insofar as is practical, side lot lines shall be either
at right angles or radial to street lines.
B.
Each lot must front upon an approved street, except
that in instances where private streets and/or other accessways are
provided and approved as part of a site plan and/or subdivision submission,
each lot need not front upon an approved street.
C.
All lots shall be suitable for the purpose(s) of their
intended use. Where there is a question as to the suitability of a
lot or lots for their intended use due to factors such as poor drainage
conditions or flood conditions, percolation tests or test borings
indicating the ground conditions to be inadequate for proper sewage
disposal for on-lot sewage treatment or similar circumstances, the
Board, after adequate investigation and receipt of a written report
by the Township Board of Health, where applicable, may withhold approval
of such lots. If approval is withheld, the Board shall give reasons
and notify the applicant and enter the same in the minutes.
E.
All lots and/or buildings on lots shall be oriented
for solar energy access where possible and desirable.
A.
Natural features, such as trees, hilltops and views,
natural terrain, open waters, critical areas and natural drainage
ridge lines, shall be preserved to the maximum extent reasonably possible
in designing any development containing such features. The development
plan should demonstrate the avoidance of unnecessary alteration of
existing topography or the removal of vegetation and should propose
development that will otherwise respect the established natural conditions
of the site and its surroundings. Where recommended by the Soil Conservation
District, a stilling basin may be required of a size determined by
the Township Engineer for the purpose of retaining the natural state
of contiguous or on-site streams.
B.
No topsoil shall be removed from areas intended for
lawn and open space. Topsoil moved during the course of construction
shall be redistributed on the lot so as to provide at least four inches
of cover to all areas. All such distributed areas shall be stabilized
by seeding, planting or sodding and be according to an approved soil
erosion and sediment control plan approved by the Soil Conservation
District when the disturbed area exceeds 5,000 square feet. In the
event that the site does not contain sufficient amounts of topsoil
to provide four inches of cover to all areas of the development, the
developer shall supply sufficient amounts to meet this requirement.
Where found necessary by the Board, required seeding, sodding, water
retention structures, riprapping or other activities necessary to
carry out the soil erosion and sedimentation control plan shall be
made, subject to the provisions of adequate performance and maintenance
guaranties.
C.
No soil shall be removed from or be imported to any
site within the Township without prior approval of the Township Engineer
or his authorized representative. Additionally, regarding applications
for major subdivision or major site plan development only, the applicant
shall provide the Planning Board or Zoning Board of Adjustment, as
the case may be, with an estimate of the total amount of soil to be
excavated from the site and the total amount of soil to be imported
to the site. The Planning Board or Zoning Board of Adjustment, as
the case may be, shall review the data as part of its review of the
application for development. The information provided by the applicant
shall also include an addressment as to how the soil is to be distributed
and stabilized, including grades and contours. Moreover, if soil is
to be imported to the site, the applicant shall describe to the satisfaction
of the Township Engineer or his authorized representative the method
and frequency of the testing of the imported soil in order to ensure
its quality. Finally, the applicant shall describe the size and number
of vehicles that are anticipated to haul the removed or imported soil,
together with proposed truck routes.
D.
An effort shall be made to preserve the existing vegetation on the
site.
[Amended 12-13-2011 by Ord. No. 11-09]
(1)
All trees having a caliper of six inches or more measured three feet
off the ground which are not required to be removed by the proposed
construction shall be protected by the installation of a snow fence
or similar barrier prior to commencement of construction. The limits
of disturbance, together with the proposed location and species of
the trees, shall be indicated on the site plan and/or subdivision
submission.
(a)
Shade tree minimum. Eight shade trees per acre of gross tract
shall be planted throughout the tract in the case of residential or
nonresidential development. A minimum of three shade trees (not including
street trees) should be provided in the front yard of all residential
developments. Existing vegetation preserved as part of the development
may contribute to this design requirement.
(b)
Street trees. Street trees shall be planted along both sides of all adjacent and proposed streets at forty-foot intervals, or an equivalent number shall be planted in an informal arrangement as approved by the Planning Board. For additional design requirements for street trees see § 145-35 (Streets, curbs, sidewalks and street trees).
(2)
All newly planted shade and street trees shall be of nursery stock,
shall have a minimum caliper of 2 1/2 inches measured three feet
from the ground and shall be of a species indigenous to the area.
E.
For the protection and enjoyment of natural features,
the Board may require conservation easements. Conservation easements
and wetland transition buffer areas shall be delineated by monuments.
F.
Natural landscaped screening, where required, shall
consist of a strip at least four feet wide, densely planted with evergreen
shrubs or trees at least four feet at the time of planting, of suitable
type and species that may be expected to form a year-round, dense
screen at least six feet high within a period of three years. All
such screening shall be maintained in good condition at all times
and shall be interrupted only by sight triangle easements, sidewalks
and driveways.
[Added 10-13-2009 by Ord. No. 09-09]
A.
Applicability. The standards for resource conservation and greenway
delineation shall be utilized by all applicants that intend to exercise
any of the conservation design development options specified in the
zoning district regulations in which clustered land development is
to occur based on the conservation design process.
B.
Planning and design standards.
(1)
General standards to minimize adverse impacts. All subdivisions
and site plans that utilize the conservation design process shall
avoid or minimize adverse impacts on the Township's natural, cultural
and historic resources, as defined below.
(2)
Groundwater resources. The proposed land development of any
tract shall be designed to cause the least practicable disturbance
to natural infiltration and percolation of precipitation to the groundwater
table, through careful planning of vegetation and land disturbance
activities, and the placement of streets, buildings and other impervious
surfaces in locations other than those identified on the existing
conditions plan as having the greatest permeability and where precipitation
is most likely to infiltrate and recharge the groundwater.
(3)
Watercourses, wetlands, and other lowland areas. The Township's
Master Plan and ERI describe watercourses, wetlands, and other lowland
areas as resources that warrant restrictive land use controls due
to potential flooding hazards; their relationship to groundwater recharge;
their importance to water quality and to the health of aquatic communities;
and their contribution to critical wildlife habitats. These areas
are poorly suited for the location of on-site subsurface sewage disposal
systems and are regulated by several state permit programs. In this
regard, the disturbance of streams, wetlands, drainage swales and
other lowland areas should be avoided and warrant designation as greenway
lands. Riparian buffers should be established in accordance with state
requirements and based on a case-by-case analysis of needed stream
corridor protection measures. In certain instances, seasonal high
water table soils may be excluded from the greenway where it can be
demonstrated that they are suitable for low-density residential uses
and conventional on-site sewage systems.
(4)
Woodlands. Woodlands in Pilesgrove Township are typically associated
with conditions that are less suitable for agricultural production
but have important resource values. Typically, woodlands serve as
soil stabilizers, particularly on moderate to steep slopes; as a means
of ameliorating harsh microclimatic conditions, in both summer and
winter; as important wildlife habitat; as potential recreation resources;
and as visual buffers between developed land and adjacent roads and
properties. Because of these resource values, woodlands on tracts
proposed for land development shall be evaluated by the applicant
to determine the extent to which these lands should be included in
greenway or development lands in accordance with the following guidance:
(a)
The woodland evaluation criteria shall include the configuration
and size of the woodlands; the woodland conditions (i.e., stocking,
health and species composition); the site's capabilities to support
woodlands; the ecological value and function of the woodlands; the
relationship to woodlands on adjoining and nearby properties and the
potential for maintaining continuous woodland areas.
(b)
When the land development tract encompasses more than six acres of woodlands, the evaluation of the woodlands shall be undertaken by a forester, landscape architect, horticulturist, or another qualified professional acceptable to the Planning Board and made a part of the EIS. The woodlands evaluation report shall include one or more maps indicating boundaries and conditions of the woodland areas and shall address the criteria listed in Subsection B(4)(a) above.
(c)
All subdivisions that utilize the conservation design process
shall be designed in accordance with the following woodland protection
standards:
[1]
To the maximum extent feasible, healthy woodlands
exceeding one acre shall be preserved and designated as greenway areas,
and proposed site improvements shall be located to minimize the loss
or degradation of the woodland areas.
[2]
Subdivisions shall be designed to preserve woodlands
along roadways, property lines and lines occurring within a site such
as streams, swales, and hedgerows. Such lines and the native vegetation
associated with them shall be preserved as buffers between adjacent
properties and between development and protection areas within the
tract. Preservation shall include ground, shrub, under story and canopy
vegetation.
[3]
Disturbance or removal of woodlands occupying environmentally
sensitive areas shall be undertaken only when approved by the Planning
Board and on a limited, selective basis to minimize the adverse impacts
of such actions.
[4]
No clearing or earth disturbance shall be permitted
until the subdivision has been recorded.
(5)
Upland rural-agricultural areas. These areas comprise the Township's
rural/agricultural landscape and include cropland, pastures, meadows,
and old fields in early stages of woodlands succession, interspersed
with fences, tree copses, hedgerows, and stream valleys. These areas
include significant concentrations of prime agricultural soils and
soils of statewide importance. Because of their openness and high
visibility, development in these areas is likely to be most readily
seen and disruptive to the historic landscape. However, it is recognized
that these areas usually offer the fewest constraints for development.
In this regard, the design standards to be used for this area include
the following:
(a)
Several elements of these working landscapes lend themselves
to incorporation into the Township's greenway and preserved farmland
network. These include prime agricultural soils and natural features
which visually punctuate the landscape, such as hedgerows, tree copses,
stone walls, and visually prominent places such as knolls and hilltops.
(b)
These areas can also accommodate development, with preferred
locations being the nonprime agricultural soils and lower topographic
settings where development will be visually less obtrusive. Compact
clustered residential designs, with coordinated architectural and
landscape architectural themes, are encouraged in highly visible locations
where future development cannot be avoided (such as at the far edge
of open fields).
(6)
Steep slopes. Moderately sloping lands of 10% and greater are
prone to severe erosion, if disturbed. The release of soil sediment
into watercourses can be detrimental to water quality and aquatic
life, and a potential hazard to public safety. The following standards
shall be applied to the design of these areas:
(a)
Areas with slopes in excess of 10% shall be clearly identified
and protected.
(b)
All grading and earthmoving on slopes exceeding 15% shall be
minimized. The only permitted grading in these areas shall be in conjunction
with the siting of a single-family dwelling, its access driveway,
and septic system.
(c)
Earth cuts or fills shall not be permitted to exceed six feet
in steep slope areas, except, where in the judgment of the Board,
no reasonable alternatives exist for construction of roads, drainage
structures, and other public improvements. Roads and driveways shall
follow the line of existing topography to minimize the required cut
and fill. Finished slopes of all cuts and fills shall be as required
to minimize disturbance of natural grades and to ensure slope stability.
(7)
Significant natural areas and features. Natural areas containing
known rare or endangered plants and animals, as well as other features
of natural significance, exist throughout the Township. Some of these
areas have been carefully documented while others are suspected but
require more site-specific analysis. Applicants following the conservation
design process shall take all reasonable measures to protect significant
natural areas and features identified in the Township's Master Plan
and ERI and by the applicant's existing conditions plan and EIS by
incorporating these areas into greenway areas or by avoiding their
disturbance in areas proposed for development.
(8)
Historic structures and sites. The Township's most important
historic sites are listed in the Township Master Plan. Any land development
within 1/2 mile of an identified historic site shall be designed to
protect these resources. The protection of an existing historic resource
shall include the conservation of the landscape immediately associated
with and significant to that resource to preserve its historic context.
Where, in the opinion of the Planning Board, a plan will have an impact
upon an historic resource, the developer shall mitigate that impact
to the satisfaction of the Board by modifying the design, relocating
proposed lot lines, providing landscape buffers, or other approved
means.
(9)
Scenic road corridors. The Township's Conservation, Recreation,
and Open Space Plan identifies scenic road corridors in the Township.
All land development applications under the conservation design process
shall attempt to preserve the scenic visual corridors along such roads
by incorporating them into greenway areas or otherwise providing for
building setbacks and architectural designs to minimize their intrusion.
In instances where such designs fail to satisfactorily protect corridors,
applicants will be required to provide naturalistic landscape buffers
to minimize their adverse visual impacts.
(10)
Trails. The provision and retention of trails used by pedestrians
and equestrians are encouraged when these trails promote recreational
activities and the enjoyment of greenways and other preserved lands.
The provision and retention of trails shall adhere to the following
standards:
(a)
When the tract proposed for land development is traversed by
or abuts an existing trail customarily used by pedestrians and/or
equestrians, the Planning Board may require the applicant to make
provisions for the continued recreational use of the trail. The applicant
may alter the course of the trail within the tract for which development
is proposed, provided that the points at which the trail enters and
exits the tract remain unchanged, the proposed alteration exhibits
quality trail design based on accepted principles of landscape architecture,
and the proposed alteration does not coincide with a paved road intended
for use by motorized vehicles.
(b)
When trails are intended for public or private use, they shall
be protected by a permanent conservation easement on the properties
on which they are located. The width of the protected area in which
the trail is located should be a minimum of 10 feet. The land area
permanently designated for trails for public or common use may be
credited toward the open space requirement.
(c)
Any proposed trails that will connect to trails used by the
public should be designed for use by the general public.
(d)
All trails shall adhere to principles of quality trail design,
including having a vertical clearance of at least 10 feet and having
a trail surface width of at least four feet that is suited for the
type of use to be accommodated.
(e)
No trail shall be designed with the intent to accommodate motorized
vehicles.
(f)
Trails shall not be designed to bisect agricultural lands and
should only be designed adjacent to agricultural fields when provisions
have been made to ensure that trail-related activities will not extend
onto private property.
[Added 10-13-2009 by Ord. No. 09-09]
A.
Resource inventory and analysis. The tract's resources shall be delineated on an existing conditions plan, as required in § 145-55E.
B.
Four-step design process. All applications that utilize one of the conservation design options (other than the country estates option) shall follow the four-step design process described below. Applicants will be required to document the design process as described in § 145-57D.
(1)
Step 1: delineation of open space (greenway) and development
areas. The initial step is to delineate the conservation design open
space (greenway) and the development areas in accordance with the
zoning requirements and the option chosen.
(2)
Step 2: location of residential dwellings. Applicants shall
identify residential dwelling locations within the tract's designated
development areas that are designed to fit the tract's natural topography,
to be served by adequate water and sewerage facilities, and to provide
views of and access to adjoining greenway areas without encroaching
upon them in a manner visually intrusive to users of such areas. Residential
dwelling locations should be at least 100 feet from primary conservation
areas and at least 50 feet from secondary conservation areas.
(3)
Step 3: alignment of streets and trails. After the residential
dwelling locations have been identified, applicants shall delineate
a street system to provide vehicular access to each residential dwelling
location in a manner conforming to the tract's natural topography
and providing for a safe pattern of circulation and ingress and egress
to and from the tract in accordance with the following:
(a)
Streets shall avoid, or at least minimize, adverse impacts on
the greenway areas. To the greatest extent practicable, wetland crossings
and streets or driveways traversing slopes over 15% shall be avoided.
(b)
Street connections shall generally be encouraged to minimize
the use of culs-de-sac and to facilitate easy access to and from residential
dwellings in different parts of the tract and adjoining tracts.
(c)
A tentative network of trails shall also be shown, connecting
streets with various natural and cultural features in the conservation
open space (greenway). Potential trail connections to adjacent parcels
shall also be shown in areas where a trail network is envisioned.
(4)
Step 4: design of lot lines. Lot lines for the proposed subdivision
shall be drawn as the last step in the conservation design procedure.
The lot lines shall delineate the boundaries of individual residential
lots based on the location and configuration of the residential dwellings.
The lots lines shall be drawn in a logical and flexible manner to
conform to the zoning district requirements and to sound planning
principles.
[Added 10-13-2009 by Ord. No. 09-09]
A.
Prioritized list of resources to be conserved. All applicants that
utilize a conservation design option shall identify conservation design
open space or greenways that will protect the important natural resources
on the subject property. The following list of resources, in order
of significance, is provided for the applicant's guidance:
(1)
Stream channels, floodplains, wetlands, vernal pools, wet soils,
swales, springs, and other lowland areas, including adjacent riparian
buffer areas which may be required to insure their protection.
(2)
Significant natural areas of species listed as endangered, threatened,
or of special concern, such as those shown on the Landscape Project
maps or identified on the tract.
(3)
Moderate to steep slopes, particularly those adjoining watercourses,
where disturbance and resulting soil erosion and sedimentation could
be detrimental to water quality.
(4)
Healthy woodlands, particularly those performing important ecological
functions such as soil stabilization and protection of streams, wetlands
and wildlife habitats.
(5)
Visually prominent topographic features such as knolls, hilltops
and ridges, and scenic viewsheds as seen from public roads.
(6)
Areas where precipitation is most likely to recharge local groundwater
resources because of topographic and soil conditions affording high
rates of infiltration and percolation.
(7)
Hedgerows, groups of trees, large individual trees of botanic
significance, and other vegetational features representing the site's
rural past.
(8)
Prime agricultural soils and soils of statewide importance as
defined by the USDA Natural Resource Conservation Service.
(9)
Historic structures and sites.
(10)
Existing trails connecting the tract to other locations in the
municipality.
B.
Other design considerations. Conservation design open space set aside
for common use shall, to the extent possible, comply with the following
design standards:
(1)
The open space shall not include any structures except for structures
that are related to greenway uses. The Planning Board may grant approval
of structures and improvements required for storm drainage, sewage
treatment, and water supply within the greenway, provided that such
facilities would not be detrimental to the use of the greenway.
(2)
All open space parcels shall be at least three acres in size,
shall have a length-to-width ratio less than 4:1, and shall be at
least 75 feet wide, except for lands specifically designed as neighborhood
greens or trail links.
(3)
The open space shall be directly accessible to the largest practicable
number of lots within the subdivision. Nonadjoining lots shall be
provided with safe and convenient pedestrian access to the greenway
land. Provisions should also be made for access to the greenway lands,
as required for land management and emergency purposes.
(4)
The open space shall be suitable for active recreational uses,
to the extent deemed necessary and appropriate by the Planning Board,
without interfering with adjacent dwelling units, parking, driveways,
and roads.
(5)
The open space shall be interconnected, wherever possible, to
provide a continuous network of greenway lands within and adjoining
the subdivision.
(6)
The open space shall be undivided by public or private streets,
except where necessary for proper traffic circulation.
(7)
The greenway shall provide buffers to adjoining parks, preserves
or other protected lands.
(8)
The greenway shall provide pedestrian pathways for use by the
residents of the subdivision. Consideration shall be given to providing
for public access on such pathways if they are linked to other publicly
accessible pathway systems within the municipality.
(9)
The open space shall be suitably landscaped either by retaining
existing natural cover and wooded areas or in accordance with an approved
landscaping plan.
A.
Lots.
(1)
Whenever title to two or more contiguous lots is held
by the same owner, regardless of whether or not each of said lots
have been approved as portions of a subdivision or acquired by separate
conveyance or by other operation of law, and one or more of said individual
lots should, by reason of exceptional shallowness, topographic conditions,
substandard area or yard space or similar measurements, not conform
with the minimum lot area and dimension requirements for the zone
in which it is located, the contiguous lots of said owner shall be
considered as a single lot for the purposes of this chapter.
(2)
Whenever the owner of a lot existing at the time of
adoption of this chapter has dedicated or conveyed land to the Township
in order to meet the minimum street width requirements of the Official
Map or Master Plan of the Township, the Construction Official shall
issue construction and occupancy permits for lots whose depth and/or
areas are rendered substandard only because of such dedication and
where the owner has no other adjacent lands to provide the minimum
requirements.
(3)
Except as permitted in Subsection A(1) hereinabove, any vacant lot existing at the time of the adoption of this chapter as reflected on the Official Map of the Township or on other public records which does not meet the minimum lot size or width for the district in which it is located may be used for a permitted use in that district only upon the granting of variance relief by the Zoning Board of Adjustment. The applicant must show that he cannot reasonably obtain additional lands to meet the minimum requirements of this chapter.
(4)
Except as provided in Subsection A(1) hereinabove, any existing lot on which a building or structure is located and which lot does not meet the minimum lot size or an existing structure which violates any yard, coverage or height requirements may have alterations or additions to the principal building and/or construction of an accessory building without an appeal for variance relief, provided that the existing use(s) on the lot conforms to the permitted use(s) stipulated in this chapter for the lot in question, the total permitted coverage is not further exceeded and the accessory building and/or addition do/does not violate any other requirements of this chapter, such as but not limited to height, setback and parking.
(5)
Any detached single-family dwelling located in the
LM District and existing as of the date of adoption of this chapter
may have additions to the dwelling and/or construction of an accessory
building without an appeal for variance relief, provided that the
existing lot and improvements thereon conform in all respects to the
minimum standards for the AR District and the addition and/or accessory
building do/does not violate any of the requirements for the AR District.
B.
Structures and uses.
(1)
Any nonconforming use or structure existing at the
time of the passage of this chapter may be continued upon the lot
or in the structure so occupied, and any such structure may be repaired
in the event of partial destruction thereof.
(2)
Repairs and maintenance work required to keep a structure
in sound condition may be made to a structure, whether conforming
or nonconforming, and whether containing a conforming or nonconforming
use. However, no structure containing a nonconforming use shall be
enlarged, extended, constructed, reconstructed or structurally altered
in any manner without an appeal for variance relief.
(3)
A nonconforming use shall terminate upon abandonment
at any time. In the case of discontinuance of any nonconforming open
land use for a period of 12 consecutive months, the nonconforming
open land use shall be presumed to be abandoned, and any subsequent
use of the land shall conform to the regulations for the zone in which
it is located unless the owner can establish that abandonment has
not occurred. In addition, when a nonconforming use of a structure
or structure and lot in combination is discontinued for a period of
24 consecutive months, the nonconforming use shall be presumed to
be abandoned, and the structure or structure and lot in combination,
as the case may be, shall not thereafter be used except in conformance
with the regulations of the zone in which it is located unless the
owner can establish that abandonment has not occurred. Any structure
or structure and lot in combination in or on which a nonconforming
use is superseded by a permitted use must thereafter conform to the
regulations of the zone in which said structure is located, and the
nonconforming structure or use shall not thereafter be reinstituted.
A.
Landscaping.
(1)
Except for detached single-family dwelling units and
multiple-family buildings, a screen planting, berm, fence, wall or
combination thereof, no less than four feet or more than seven feet
in height, shall be provided between the off-street parking areas
of more than five vehicles and any lot line or street line except
where a building intervenes or where the distance between such areas
and the lot line or street line is greater than 150 feet.
(2)
All loading areas shall be landscaped and screened
sufficiently to obscure the view of the parked vehicles and loading
platforms from any public street and adjacent use throughout the year.
Such screening shall be by an extension of the building, a fence,
berm, wall, planting or combination thereof and shall not be less
than four feet in height.
(3)
Each off-street parking area shall have a minimum
area equivalent to one parking space per every 30 spaces landscaped
with approximately 1/2 of said area having shrubs no higher than
three feet and the other half having trees with branches no lower
than seven feet. Such landscaped areas shall be distributed throughout
the parking area in order to break the view of parked cars in a manner
not impairing visibility.
B.
Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and public streets and shall be in accordance with § 145-26B. The lighting of all off-street parking areas shall be shown, including any deferred parking areas, in accordance with Subsection C hereinbelow.
C.
Paving and curbing.
(1)
All parking and loading areas and access drives shall
be paved as provided below except that the Board, at the request of
the applicant and in consideration of the specific parking needs of
the applicant, may permit a reduction in the paved area devoted to
parking, provided that:
(a)
The submitted plan shall include all the parking
spaces required by this chapter and shall include those spaces to
be paved and those requested not to be paved;
(b)
All parking areas not to be paved shall be suitably
landscaped, and such landscaping shall be indicated on the submitted
plan and be in addition to landscaping otherwise required or necessary;
(c)
The drainage system for the site shall be designed
to accommodate the surface water runoff from all parking and driveway
areas, considering all such areas to be paved, whether proposed to
be paved as part of the application approval or deferred to a possible
future date;
(d)
The applicant shall agree, in writing, on the
submitted plan to pave any or all of the nonpaved parking areas should
the paved parking areas prove to be inadequate to accommodate the
on-site parking needs of the premises; and
(e)
All driveways for residential lots shall be
paved within the road right-of-way or easement with a six-inch-thick
reinforced concrete apron where curbs are provided or bituminous concrete
to the same specification of the abutting road.
(2)
All parking and loading areas and access drives shall
be paved as outlined below unless otherwise specified by the Board
and approved as part of the development application approval. All
parking areas, regardless of size and location, shall be suitably
drained and maintained.
(a)
Areas of ingress and egress, parking stalls,
loading and unloading areas, major interior driveways or access aisles
and other areas likely to experience heavy traffic shall be paved
with not less than four inches of compacted base course of plant mixed
bituminous, stabilized base course (Mix No. I-2), constructed in layers
of not more than two inches compacted thickness and prepared and constructed
in accordance with New Jersey State Highway Standards and Specifications
for Roads and Bridge Construction (1989), and any amendments thereto.
A minimum of two inches compacted wearing surface of bituminous concrete
mixtures (Mix No. I-5) shall be constructed thereon in accordance
with the aforesaid New Jersey Highway Department specifications, and
amendments thereto.
(b)
Where subgrade conditions of proposed paved
areas are wet, yielding or of such a nature that surfacing would be
inadvisable without first treating the subgrade, the areas shall be
excavated to a suitable depth below the proposed grade and filled
with dense graded aggregate base materials as approved by the Township
Engineer. Where required by the Township Engineer, a system of subsurface
drains or an alternate solution approved by the Township Engineer
shall be constructed beneath the surface of the paved area and connected
to a suitable drain. After the subbase material has been properly
placed and compacted, the surfacing material, as described heretofore,
shall be constructed thereon.
(3)
All paved parking and loading areas and access drives
shall be curbed except single-family residential drives.
(4)
All off-street parking lots shall have adequate designations
to indicate traffic flow and parking spaces.
(5)
All construction shall be in accordance with the Standard
Construction Details, as promulgated by the Township Engineer and
adopted by the Township according to law and the New Jersey State
Highway Standards for Road and Bridge Construction, latest edition,
and any amendments thereto.
D.
Access.
(1)
The center lines of any separate access points to
a single lot shall be spaced at least 100 feet apart, shall handle
no more than three lanes of traffic and shall be set back from the
street line of any intersecting street at least 50 feet or 1/2
the lot frontage, whichever is greater, except that in no case need
the setback distance exceed 200 feet. Only one driveway access shall
be permitted for one lot with 150 feet or less of frontage; for lots
with 150 feet to 300 feet of frontage, two driveways shall be permitted;
and for lots with greater than 300 feet of frontage, the number of
driveways shall be determined during the development application review
and approval process. Continuous open driveways having a width in
excess of 25 feet at the street line shall be prohibited except that
two-way driveways serving nonresidential uses and multiple-family
developments shall be at least 24 feet wide but no greater than 50
feet. The minimum width of any driveway shall be 15 feet. In all instances,
due consideration to the proposed width, curbing, direction of traffic
flow, radii of curves and method of dividing traffic lanes shall be
given.
[Amended 10-14-1997 by Ord. No. 97-6]
(2)
Curbing shall be depressed at the driveway, or the
curbing may be rounded at the corners and the driveway connected with
the street in the same manner as another street.
(3)
All points of access to nonresidential and multifamily
development shall be graded and adequate drainage facilities installed
to prevent stormwater runoff from entering the public road. Any vertical
curve on a driveway shall be flat enough to prevent the dragging of
any vehicle undercarriage. All driveway profiles and grades shall
be submitted to and approved by the Township Engineer. Should a sidewalk
be so located with respect to the curb at a driveway opening that
a vehicle undercarriage is likely to drag, the sidewalk involved should
be adequately depressed or elevated to avoid such a result.
(4)
No driveway access on any collector or arterial road
shall be located on the following: on a traffic circle; on a ramp
of an interchange; within 30 feet of the beginning of any ramp or
other portion of an interchange; or any portion of such road where
the grade has been changed to accommodate an interchange.
(5)
Driveways used for two-way operation shall intersect
any local, collector or arterial road at an angle as near 90º
as site conditions will permit and in no case less than 75º.
Driveways used by vehicles in one direction of travel (right turn
only) may form an angle smaller than 78º, but only with a collector
or arterial road when acceleration and deceleration lanes are provided.
(6)
Where a driveway serves right-turning traffic from
a parking area providing 200 or more parking spaces and the abutting
road is classified as an arterial or collector road, an acceleration
lane shall be provided in accordance with A Policy of Geometric Design
of Rural Highways, American Association of State Highway Officials.
Where a driveway serves as an entrance to a development providing
50 or more parking spaces, a deceleration lane shall be provided for
traffic turning right into the driveway from any collector or arterial
road. The deceleration lane shall be at least 200 feet long and 13
feet wide measured from the abutting roadway curbline. A minimum forty-foot
curb return radius shall be used from the deceleration lane into the
driveways.
(7)
Any curb opening shall be properly reconstructed to
the satisfaction of the Township Engineer. Where curbing does not
exist and conditions warrant, an adequate drainpipe shall be installed
by the owner at the owner's expense, as determined by the Township
Engineer prior to the issuance of a building permit on the abutting
lot.
(8)
Driveway grades shall not exceed 10%.
E.
Location of parking and loading.
(1)
The number of required off-street parking and loading spaces shall be in accordance with the requirements specified in Articles IV and VI of this chapter and shall be located on the same lot or premises as the use served, regardless of the number of spaces required by this chapter. No parking of vehicles shall be permitted in fire lanes, streets, driveways, landscaped areas, aisles, buffer areas, sidewalks or turning areas. The arrangement of off-street parking and loading spaces shall be such that no vehicle shall have occasion to back into any street.
(2)
No perpendicular or angled parking shall be incorporated
into through access aisles to parking areas; however, perpendicular
or angled parking may be incorporated into no-outlet aisles to parking
areas, provided that those aisles do not provide sole access to dwelling
units containing more than a total of 250 bedrooms. Where perpendicular
or angled parking is permitted, the unencumbered aisle behind such
perpendicular or angled parking shall be a minimum of 28 feet.
(3)
Internal roads, parking access aisles, parking areas,
curbs and landscaping shall be designed to reasonably accommodate
the turning movements of emergency vehicles regularly and routinely
serving Pilesgrove Township without requiring the mounting of curbs
or interference with landscaping. Where there is a row of contiguous
perpendicular or angled parking stalls facing the facade of a building,
there shall be a distance of at least nine feet in width between the
building facade and parking stalls, defined by curbing, to allow access
of an emergency vehicle to the facade of each building facing such
parking. Moreover, where required by the Board and/or Township Fire
Marshal or other such designated Township official, there shall be
a designated fire lane at least 18 feet in width in front of the primary
entrance into the principal building where parking of vehicles shall
not be permitted.
(4)
All parking and loading areas, temporary stopping areas, maneuvering spaces and driveways and access aisles shall be located in accordance with the provisions of Articles IV and VI, except that at least 10 feet shall be maintained from any property line or street line for nonresidential uses and multiple-family developments.
F.
Type of facility.
(1)
Parking spaces may be on, above or below the surface
of the ground. When parking spaces are provided within a garage or
other structure, said structure shall adhere to the proper accessory
or principal building setbacks, as applicable.
(2)
The provision of parking spaces shall include adequate
driveway and necessary turning areas for handling the vehicles for
which provision is made. All single-family residential lots not within
a planned development and all single-family residential lots within
a planned development and having direct driveway access to a nonlocal
street shall be provided with an on-site turnaround to permit vehicular
access to the road in a head-on direction.
(3)
All side entry garages on single-family residential
lots shall be provided with a paved or stoned area a minimum of 33
feet in length in front of the garage door(s) in order to allow for
adequate ingress and egress to the garage.
(4)
Except for the driveway providing access to a garage,
all parking areas shall be designed to permit a motor vehicle to proceed
to and from a parking space without requiring the moving of any other
motor vehicles. Aisles providing access to parking areas shall have
the following minimum dimensions; where the angle of parking is different
on both sides of the aisle, the large aisle width shall prevail:
|
Angle of Parking Space
|
One-Way Aisle
(feet)
|
Two-Way Aisle
(feet)
| |
|---|---|---|---|
|
90º
|
22
|
24
| |
|
60º
|
18
|
20
| |
|
45º
|
15
|
20
| |
|
30º
|
12
|
18
| |
|
Parallel
|
12
|
18
|
(5)
Parking spaces, including handicapped parking spaces, shall be dimensioned in accordance with the definition of "parking space" in § 145-8 of this chapter.
(6)
Parking for the handicapped shall comply with the
requirements of the Barrier-Free Subcode of the New Jersey Uniform
Construction Code N.J.A.C. 5:23-7.13 and 5:23-7:14 and the Americans
With Disabilities Act (ADA) Accessibility Guidelines For Buildings
And Facilities.
A development application and/or application
for a construction permit shall provide documentation that the intended
use will comply with the performance standards enumerated below. In
the case of a structure being built where the future use is not known,
a construction permit may be issued with the conditions that no certificate
of occupancy will be issued until such time as this documentation
is submitted with respect to the particular occupant. These provisions
shall not apply to any sewage treatment plant which has received approval
by the New Jersey Department of Environmental Protection and Energy.
A.
Electrical and/or electronic devices. All electric
or electronic devices shall be subject to the provisions of Public
Law 90-602, 90th Congress, HR 10790, dated October 18, 1968, entitled
"An Act for the Protection of Public Health and Safety from the Dangers
of Electronic Product Radiation." Radiation products, as defined in
DHEW Publications No. (FDA) 75-8003, shall be so limited and controlled
so that no measurable energy can be recorded at any point beyond the
property boundaries. The applicant, upon request, shall produce certified
data wherein measurements made in accordance with the procedures and
standards set forth in the DHEW Publication No. (FDA) 75-8003 adequately
demonstrate compliance with the minimum standards established by the
Act. All other forms of electromagnetic radiation lying between 100
KHz and 10 GHz shall be restricted to the technical limits established
in the Federal Communication Commission's Rules and Regulations. Additionally,
electric or electronic equipment shall be shielded so there is no
interference with any radio or television reception at the lot line
(or beyond the operator's dwelling unit in the case of multifamily
dwellings) as the result of the operation of such equipment.
B.
Glare. No use shall produce a strong, dazzling light
or reflection of a strong, dazzling light or glare beyond its lot
lines. Exterior lighting shall be shielded, buffered and directed
so that glare, direct light or reflection will not become a nuisance
to adjoining properties, adjoining units, adjoining districts or streets.
Unless required by law, no lighting shall be a rotating, pulsating
or other intermittent frequency.
C.
Heat. No use shall produce heat perceptible beyond
its lot lines. Further, no use shall be permitted which could cause
the temperature to rise or fall in any body of water, except that
this provision shall not apply to any sewerage treatment plant which
has received approval by the State Department of Environmental Protection
and Energy.
D.
Noise. Noise levels shall not exceed the standards
set forth in the General Code of the Township of Pilesgrove nor those
rules established by the New Jersey Department of Environmental Protection
and Energy as they may be adopted and amended.
E.
Odor. Odors due to nonagricultural and nonresidential
uses shall not be discernible at the lot line or beyond.
F.
Storage and waste disposal.[1] No provision shall be made for the depositing of materials
or waste upon a lot where they may be transferred off the lot by natural
causes or forces or where they can contaminate an underground aquifer
or otherwise render such underground aquifer undesirable as a source
of water supply or recreation or where they will destroy aquatic life.
Provision shall be made for all material or waste which might cause
fumes or dust or which constitute a fire hazard or which may be edible
or otherwise attractive to rodents and insects to be enclosed in appropriate
containers to eliminate such hazards. With respect to solid waste,
each property owner shall:
(1)
Assume full responsibility for adequate and regular
collection and removal of all refuse, except to the extent such services
are provided by the Township, in which case the property owner shall
assume full responsibility for compliance with all regulations governing
the provision of those services.
(2)
Comply with all applicable regulations of the New
Jersey Department of Environmental Protection and Energy.
(3)
Permit no accumulation on the property of any solid
waste, junk or refuse.
(4)
Comply with all provisions of the State Sanitary Code,
Chapter VIII, Refuse, Disposal, Public Health Council of the New Jersey
Department of Health.
(5)
Provide adequate, covered solid waste containers,
except where provided by the Township, which are not stored within
the public view and are secured from vandalism. Compactor units shall
afford completely sealed operation and efficient access by collection
vehicles.
G.
Ventilation. No use shall obstruct the natural ventilation
of adjacent uses or contaminate the air with excessive heat or odor.
Further, no air conditioners or exhaust fans shall be permitted to
discharge exhausted air unless they comply with the minimum building
setback requirements of this chapter and are equipped with baffles
to deflect the discharged air away from the adjacent use.
H.
Vibration. There shall be no vibration which is discernible
to the human senses of feeling beyond the immediate lot.
I.
Dust. Dust due to nonagricultural operations shall
not be permitted to escape beyond the immediate lot.
J.
Radiation. No use shall produce levels of radiation
in excess of the level established by the Radiation Protection Act,
L. 1958, c. 116 (N.J.S.A. 26:2D-1 et seq.) and standards promulgated
pursuant thereto by the New Jersey Department of Environmental Protection
and Energy.
K.
Air, water and environmental pollution. No use shall
emit any pollutant into the ground, water or air that exceeds the
most stringent applicable federal, state or local statute, regulation
and ordinance.
L.
Nuisance. No use shall produce any nuisance, source
of injury or sickness, foul or noxious waters, gases or vapors which
may be hazardous or injurious to the public health, safety and welfare.
A.
All public services shall be connected to an approved
public utilities system where one exists. The developer shall arrange
with the servicing utility for the underground installation of the
distribution supply lines and service connections, in accordance with
the provisions of the applicable standard terms and conditions incorporated
as part of its tariff, as the same are on file with the New Jersey
State Board of Public Utility Commissioners; provided, however, that
lots not part of a new major subdivision or site plan which abut existing
streets where overhead electric, cable television (CATV) or telephone
distribution supply lines and service connections have heretofore
been installed may be supplied with electric, CATV and telephone service
from these overhead lines, but any new service connections from the
utilities' overhead lines shall be installed underground. In cases
where extension or replacement of service is needed to existing or
new buildings in established subdivisions or developments, the present
method of service may be continued. In the case of existing overhead
utilities, however, should a road widening or an extension of service
necessitate the replacement or relocation of such utilities, the developer
shall cause the replacement or relocation to be underground.
(1)
Upon submission of preliminary plats or plans for
approval, the developer shall present a statement of interest, setting
forth all public utility companies to serve the tract and a letter
from each company stating that service will be available to the development.
The preliminary plans shall recite all public utilities that will
serve the development. Any deviation from the statement of interest
shall make null and void any approval granted by the Township.
(2)
Prior to the preconstruction meeting preceding the
commencement of construction, the developer shall furnish the administrative
officer with a copy of the agreements with the applicable public utility
companies certifying the jurisdiction of the public utility company
for the particular portion of the Township, indicating agreement with
the proposed utility installation design and stating who will construct
the facility so that service will be available prior to occupancy.
The form of such agreement(s) shall be reviewed and approved by the
Township Attorney prior to the commencement of construction.
(3)
The developer shall provide the Township with four
copies of a final as-built plan showing the installed location of
the facilities.
B.
Easements along property lines or elsewhere for utility
installation may be required. Such easements shall be at least 20
feet wide and located in consultation with the companies or Township
departments concerned and, to the fullest extent possible, shall be
centered on or adjacent to lot lines. Such easement dedication shall
be expressed on the plat or plan as follows: "Utility right-of-way
easement granted for the purposes provided for and expressed in the
Land Development Ordinance of Pilesgrove Township." Utility easements
along street right-of-way lines shall be a minimum of 10 feet in width.
C.
All construction shall be in accordance with the Standard
Details, as promulgated by the Township Engineer and adopted by the
Township in accordance with law.
[Amended 10-14-2003 by Ord. No. 0219]
A.
Sanitary sewers.
(1)
All proposed development requiring sanitary sewerage
shall be located within an existing or proposed sewer service area
as specified in a Township-wide wastewater management plan.
(2)
All on-site and off-site sewerage facilities serving
proposed development that will generate more than 2,000 gallons per
day of wastewater shall be included within a Township-wide wastewater
management plan approved by the Pilesgrove Township Planning Board,
the Pilesgrove Township Committee and the New Jersey Department of
Environmental Protection prior to the proposed development being granted
final subdivision or site plan approval. The developer shall be responsible
for all costs associated with the inclusion of the proposed wastewater
collection and treatment facilities in the Township wastewater management
plan.
(3)
Where a public wastewater collection and treatment
system is accessible to a property proposed for development or where
such facilities are to be constructed as a condition of approval of
any application for development, the developer shall construct such
wastewater collection and treatment facilities in accordance with
the Pilesgrove Township wastewater management plan and all applicable
NJDEP permit requirements and in such a manner as to make adequate
sewerage available to each lot and building within the development.
(4)
Where a proposed development will be reasonably accessible
to a proposed wastewater collection and treatment system included
in the adopted Township wastewater management plan, the developer
shall install dry sewers designed to tie into the proposed facility
upon its completion.
B.
Septic systems.
(1)
Where, in the written opinion of the Salem County
Health Department to the Planning Board or the Zoning Board of Adjustment,
as the case may be, the soil characteristics of the subject land are
of such quality to permit the use of subsurface sewage disposal systems
as a means of sewage disposal, the same shall be approved.
(2)
Individual, on-site septic systems may be installed
in the front yard of a lot. However, where mounded on-site septic
fields are installed within the front yard of a lot, the Township
may require a detailed grading plan reviewed by the Board Engineer
and a landscape screen between the property lines and the mound reviewed
by the Board Planner prior to the issuance of a building permit.
A.
General provisions. No signs shall be placed on or
attached to a building or erected independently for any purpose other
than to advertise a permitted business or use conducted on the same
premises unless specifically permitted herein. No billboards shall
be erected or replaced. No signs shall be erected, altered or replaced
which are not in accordance with the standards established in this
chapter. The erection of any sign greater than nine square feet in
area shall require a zoning permit and certificate of occupancy unless
specifically exempted herein. No sign of any type shall be permitted
to obstruct driving vision, traffic signals, traffic directional and
identification signs, other places of business or other signs or windows
of the building on which they are located. Moreover, no sign shall
be erected, constructed or maintained so as to obstruct or be attached
to any fire escape, window, door or opening that may be 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.
(1)
Animated, flashing and illusionary signs. Signs using
mechanical or electrical devices to revolve, flash or display movement
or the illusion of movement are prohibited.
(2)
Height. No freestanding or attached sign shall be
higher than 25 feet, measured to the top of the sign from grade, except
that no sign shall exceed any lesser height if particularly specified.
(3)
Freestanding signs. Freestanding signs shall be supported
by one or more columns or uprights which are firmly imbedded in the
ground. Exposed guy wires, chains or other connections shall not be
a support of a freestanding sign.
(4)
Illuminated signs. Illuminated signs shall be arranged
to reflect the light and glare away from adjoining streets. No sign
with red, green, blue or amber illumination in a beam, beacon or flashing
form resembling an emergency light or traffic signal shall be erected
in any location. No sign lighting or control mechanism that interferes
with radio or television reception shall be permitted.
(5)
Information and direction signs. Street number designations,
postal boxes, "Private Property," "No Hunting," on-site directional
and parking signs and warning signs are permitted in all zones but
are not considered in calculating sign area. No such signs shall exceed
two square feet in area, nor do such signs require a zoning permit.
(6)
Maintenance. Signs and, in the case of permitted freestanding
signs, the mounting area on the ground level beneath the sign must
be constructed of durable materials, maintained in good condition
and not allowed to become dilapidated or unsightly.
(7)
Nonprofit organization event signs. Upon written application
to the Zoning Officer by a Pilesgrove-Township-based nonprofit organization,
the Zoning Officer shall issue zoning permits, without fee, for the
erection of up to three temporary signs announcing an event sponsored
by said nonprofit organization, provided that the following requirements
and regulations are met:
(a)
One sign may be located on the property owned
by the nonprofit organization, if and wherever such property exists,
and up to two signs may be located on properties other than that which
may be owned by the nonprofit organization, provided that said properties
are situated within nonresidential zones.
(b)
The written application to the Zoning Officer
by the nonprofit organization shall include a written representation
by the owner of the property upon which a sign is to be located, giving
permission for the display of said sign.
(c)
The written application to the Zoning Officer
by the nonprofit organization shall include a sketch indicating the
proposed location of the sign(s) and the graphic material to be placed
on the signs.
(d)
Permitted signs may be freestanding or attached.
Each sign shall not exceed 30 square feet in area. If freestanding,
the sign shall not exceed five feet in height and shall be set back
from all street, driveway and property lines a distance equivalent
to one linear foot for each 2 1/2 square feet of sign area.
(e)
The permitted signs shall not be illuminated
and shall be located so as not to interfere with driver vision.
(f)
All signs shall be constructed of wood and shall
be neatly painted and adequately secured for aesthetic and safety
purposes.
(g)
No more than one sign for any particular nonprofit
organization shall be permitted on any particular property at the
same time, and no more than two nonprofit organization event signs
shall be permitted on any particular property at the same time.
(h)
Permitted signs may be displayed for a period
not to exceed two weeks, and the specific time period for the display
of all signs shall be indicated on the written application to the
Zoning Officer, unless the advertised event occurs earlier, in which
instance the sign shall be removed within 24 hours after the event.
(i)
It shall be the responsibility of the nonprofit
organization to remove all permitted signs prior to the expiration
of the specified time period for their display.
(8)
Political signs. Political signs temporarily giving
notice of political campaigns shall be set back at least 15 feet from
all street and property lines and shall not exceed 16 square feet
in area. Signs shall be permitted within 30 days prior to any municipal,
county, state or national election and shall be removed within 10
days after election. All such signs do not need a zoning permit.
(9)
Portable signs. No sign shall be exhibited which is
portable, i.e., fixed on a movable stand, self-supporting without
being firmly imbedded in the ground, supported by other objects, mounted
on wheels or movable vehicles or made easily movable in some other
manner.
(10)
Real estate signs. Real estate signs temporarily
advertising the sale, rental or lease of the premises or portion thereof
shall conform to the following requirements:
(a)
All real estate signs shall be nonilluminated
and shall not exceed 20 square feet in area.
(b)
All real estate signs shall be, if not attached
to the building, set back at least 10 feet from any street lines and
shall comply with applicable side yard requirements for the zone in
which they are located.
(c)
For approved site plans or major subdivisions
at the startup of construction, one sign not exceeding 32 square feet
in area shall be permitted during construction.
(d)
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 or, in the case
of residential subdivisions, when 95% of the lots have been initially
sold. Further, in the case of a subdivision or site plan undergoing
construction, the sign shall be removed if construction activity ceases
for a period of six consecutive months.
(e)
"Sold" signs shall be permitted between the
signing of the contract of sale and the date of legal closing.
(11)
Sign area. The area of a sign shall be measured
around the edges of a framed or enclosed sign or by the area utilized
by isolated words and/or symbols, including the background, whether
open or enclosed, but said area shall not include any supporting framework
and bracing incidental to the display itself.
(12)
Signs with two exposures. Such signs shall be
measured for area by using the surface of one side of the sign only.
Both sides may be used.
(13)
Wall fascia or attached signs. Wall fascia or
attached signs shall be firmly attached to the exterior wall of a
building and shall not project more than six inches from the building.
(14)
Window signs. Interior window signs shall not
be considered in computing the allowable signs; provided, however,
that such interior signs shall not exceed 50% of the total window
area.
(15)
The flag of the United States of America. The
flag of the United States of America may be displayed in all zones
and does not need a zoning permit.
(16)
Seasonal agricultural signs. As used herein
the term "seasonal agricultural signs" shall mean signs noticing the
sale of a seasonal agricultural product from a roadside farmstand
or a farm as defined and permitted by ordinance which offers for direct
sale to the general public agricultural produce. Seasonal agricultural
signs shall be permitted in the Township in accordance with the following
conditions, limitations and restrictions:
(a)
Each seasonal agricultural sign shall be no
more than eight square feet in area, located so that the top half
of the sign is no more than four feet from ground level and secured
or anchored so as to prevent the sign from being removed by any breeze,
wind or other natural forces.
(b)
All seasonal agricultural signs shall be nonlighted.
(c)
Seasonal agricultural signs may only be posted
during the harvest season of the particular produce being sold from
the permitted roadside stand or farm. Such signs shall be removed
immediately following the conclusion of the crop's harvest season.
(d)
No more than three signs may be posted for the
roadside stand or farm at any one time.
(e)
The writing and symbols appearing on any seasonal
agricultural sign shall be limited only to that necessary to assist
the automobile-traveling public in locating the subject roadside stand
or farm.
(f)
Seasonal agricultural signs shall be set back
from the paved cartway a minimum distance of three feet but in no
case shall be located within the right-of-way.
(g)
Any person posting a seasonal agricultural sign
off the farmed premises shall have first obtained permission to place
the sign from the owner of the property.
(h)
Any person posting a seasonal agricultural sign
shall be responsible for any damage to person or property caused by
its placement or movement.
(i)
One identification sign, not exceeding 36 square
feet in area, shall be permitted for any permitted roadside farmstand
and shall be located either directly attached to the farmstand or
freestanding within 30 feet of the farmstand. The sign shall be set
back at least 10 feet from any street line and shall adhere to the
applicable side yard requirements for the zone in which it is located.
B.
Street signs.
(1)
Unless otherwise specifically approved as part of
a submitted subdivision or site plan application for development,
street signs shall be of the type, design and standard previously
installed elsewhere in the Township. The location of any and all street
signs shall be determined by the Township Engineer, but there shall
be at least two street signs provided at each intersection. All street
signs shall be installed free of visual obstruction and shall be read
horizontally and not vertically. The lettering and background for
the signs shall be of sufficiently contrasting colors to facilitate
easy readability.
(2)
If street signs other than those installed elsewhere
in the Township are approved as part of a subdivision or site plan
application for development, provision must be made by the applicant
for maintenance and/or replacement of said signs by an entity other
than the Township.
(3)
Directional signs and other markings shall be of a
size, color or design specified in the current edition of Manual on
Uniform Traffic Control Devices, published by the Federal Highway
Administration, United States Department of Transportation. Off-street
signs shall not be lighted with a flashing light, and any light or
reflecting light used in connection with such a sign shall not be
so located or directed that it may be mistaken for a traffic signal
or warning device or shine directly into adjoining residentially used
buildings or private outdoor areas or interfere with vehicular traffic.
Unless otherwise provided by ordinance, all off-street signs, including
traffic directional signs, shall be located on the same property with
the use to which they are related.
[Added 4-25-2006 by Ord. No. 06-04;
amended 4-13-2021 by Ord. No. 21-04]
A.
Scope and purpose:
(1)
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.
(2)
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection B.
(3)
(4)
Compatibility with other permit and ordinance requirements.
(a)
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.
(b)
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.
B.
CAFRA CENTERS, CORES OR NODES
CAFRA PLANNING MAP
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
(1)
DISTURBANCE
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOODS
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HUC 14 OR HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
(1)
(a)
(b)
(c)
(d)
(2)
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
(1)
(2)
(3)
(4)
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
TIDAL FLOOD HAZARD AREA
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONES
URBAN REDEVELOPMENT AREA
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS OR WETLAND
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 chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
coastal planning areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's geographic
information system (GIS).
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this chapter.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the Board of County Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlarge-enlargement of any building or structure, any
mining excavation or landfill, and any use or change in the use of
any building or other structure, or land or extension of use of land,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq.
In the case of development of agricultural land, "development"
means: any activity that requires a state permit, any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving waterbody or to
a particular point along a receiving waterbody.
Neighborhoods designated by the Urban Coordinating Council
"in consultation and in conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, 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.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
Is the process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual "development," as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of "regulated impervious surface"
since February 2, 2004;
The creation of 1/4 acre or more of "regulated motor vehicle
surface" since March 2, 2021, or the effective date of this section,
whichever is earlier; or
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.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by "motor vehicles" and/or aircraft, and is directly exposed
to precipitation including, but not limited to, driveways, parking
areas, parking garages, roads, racetracks, and runways.
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 section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. 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 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.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, groundwaters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
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.
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.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any 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.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
Is defined as previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.
C.
Design and performance standards for stormwater management measures.
(1)
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:
(a)
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.
(b)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
(2)
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.
D.
Stormwater management requirements for major development.
(1)
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.
(2)
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
muhlenbergi (bog turtle).
(3)
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(16), D(17) and D(18):
(a)
The construction of an underground utility line provided that
the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground utility line provided that
the existing conditions are maintained to the maximum extent practicable;
and
(c)
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.
(4)
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(15), D(16), D(17) and D(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:
(a)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(d)
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), D(16), D(17) and D(18) that were not achievable on-site.
(5)
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), D(16), D(17) and D(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.
(6)
Where the BMP tables in the NJ Stormwater Management Rule are
different due to updates or amendments with the tables in this section
the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f)
shall take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a) (g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60 to 80
|
No
|
No
|
—
|
|
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
|
|
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.
|
(7)
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 F(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).
(8)
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.
(9)
Design standards for stormwater management measures are as follows:
(a)
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);
(b)
Stormwater management measures shall be designed to minimize
maintenance, facilitate maintenance and repairs, and ensure proper
functioning. Trash racks shall be installed at the intake to the outlet
structure, as appropriate, and shall have parallel bars with one-inch
spacing between the bars to the elevation of the water quality design
storm. For elevations higher than the water quality design storm,
the parallel bars at the outlet structure shall be spaced no greater
than 1/3 the width of the diameter of the orifice or 1/3 the width
of the weir, with a minimum spacing between bars of one inch and a
maximum spacing between bars of six inches. In addition, the design
of trash racks must comply with the requirements of Subsection G(3).
(c)
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;
(d)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection G; and
(e)
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.
(10)
Manufactured treatment devices may be used to meet the requirements of this subsection, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B may be used only under the circumstances described at Subsection D(15)(d).
(11)
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 Subsection D(15), D(16), D(17) and D(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.
(12)
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), D(17) and D(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.
(13)
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 Salem 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), D(16), D(17) and D(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.
(14)
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 Salem 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.
(15)
Green infrastructure standards.
(a)
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.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection D(15) and D(16) 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
|
(d)
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), D(17) and D(18).
(e)
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), D(17) and D(18), unless the project is granted a waiver from strict compliance in accordance with Subsection D(4).
(16)
Groundwater recharge standards.
(a)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows:
(b)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:
[1]
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
[2]
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.
(c)
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection D(16)(d) below.
(d)
The following types of stormwater shall not be recharged:
[1]
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
[2]
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.
(17)
Stormwater runoff quality standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
(b)
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:
[1]
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.
[2]
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.
(c)
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.
(d)
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
|
(e)
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
|
(f)
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), D(17) and D(18).
(g)
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.
(h)
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.
(i)
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.
(j)
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.
(18)
Stormwater runoff quantity standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
(b)
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:
[1]
Demonstrate through hydrologic and hydraulic analysis
that for stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same
storm events;
[2]
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;
[3]
Design stormwater management measures so that the
post-construction peak runoff rates for the two-, ten- and 100-year
storm events are 50%, 75% and 80%, respectively, of the 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
[4]
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection D(18)(b)[1], D(18)(b)[2], and D(18)(b)[3] 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.
(c)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse,
or receiving storm sewer system.
E.
Calculation of stormwater runoff and groundwater recharge:
(1)
Stormwater runoff shall be calculated in accordance with the
following:
(a)
The design engineer shall calculate runoff using one of the
following methods:
[1]
The USDA Natural Resources Conservation Service
(NRCS) methodology, including the NRCS Runoff Equation and Dimensionless
Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part
630, Hydrology National Engineering Handbook, incorporated herein
by reference as amended and supplemented. This methodology is additionally
described in Technical Release 55 - Urban Hydrology for Small Watersheds
(TR-55), dated June 1986, incorporated herein by reference as amended
and supplemented. Information regarding the methodology is available
from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf
or at United States Department of Agriculture Natural Resources Conservation
Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
[2]
The Rational Method for peak flow and the Modified
Rational Method for hydrograph computations. The rational and modified
rational methods are described in "Appendix A-9 Modified Rational
Method" in the Standards for Soil Erosion and Sediment Control in
New Jersey, January 2014. This document is available from the State
Soil Conservation Committee or any of the Soil Conservation Districts
listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone
number for each Soil Conservation District is available from the State
Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625.
The document is also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
(b)
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 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).
(c)
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.
(d)
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.
(e)
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.
(2)
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.
F.
Sources for technical guidance:
(1)
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.
(a)
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.
(b)
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
(2)
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.
G.
Solids and floatable materials control standards:
(1)
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 subsection "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.
(a)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
[1]
The New Jersey Department of Transportation (NJDOT)
bicycle-safe grate, which is described in Chapter 2.4 of the NJDOT
Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines;
or
[2]
A different grate, if each individual clear space
in that grate has an area of no more than seven square inches, or
is no greater than 0.5 inch across the smallest dimension.
[a]
Examples of grates subject to this standard include
grates in grate inlets, the grate portion (non-curb-opening portion)
of combination inlets, grates on storm sewer manholes, ditch grates,
trench grates, and grates of spacer bars in slotted drains. Examples
of ground surfaces include surfaces of roads (including bridges),
driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields,
open channels, and stormwater system floors used to collect stormwater
from the surface into a storm drain or surface water body.
[3]
For curb-opening inlets, including curb-opening
inlets in combination inlets, the clear space in that curb opening,
or each individual clear space if the curb opening has two or more
clear spaces, shall have an area of no more than seven square inches,
or be no greater than two inches across the smallest dimension.
(b)
The standard in Subsection G(1)(a) above does not apply:
[1]
Where each individual clear space in the curb opening
in existing curb-opening inlet does not have an area of more than
nine square inches;
[2]
Where the municipality agrees that the standards
would cause inadequate hydraulic performance that could not practicably
be overcome by using additional or larger storm drain inlets;
[3]
Where flows from the water quality design storm
as specified in N.J.A.C. 7:8 are conveyed through any device (e.g.,
end of pipe netting facility, manufactured treatment device, or a
catch basin hood) that is designed, at a minimum, to prevent delivery
of all solid and floatable materials that could not pass through one
of the following:
[a]
A rectangular space 4 5/8 (4.625) inches long
and 1 1/2 inches wide (this option does not apply for outfall
netting facilities); or
[b]
A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1].
[4]
Where flows are conveyed through a trash rack that
has parallel bars with one-inch spacing between the bars, to the elevation
of the Water Quality Design Storm as specified in N.J.A.C. 7:8; or
[5]
Where the New Jersey Department of Environmental
Protection determines, pursuant to the New Jersey Register of Historic
Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard
is an undertaking that constitutes an encroachment or will damage
or destroy the New Jersey Register listed historic property.
H.
Safety standards for stormwater management basins:
(1)
This subsection 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.
(2)
The provisions of this subsection 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), H(3)(b), and H(3)(c) for trash racks, overflow grates, and escape provisions at outlet structures.
(3)
Requirements for trash racks, overflow grates and escape provisions.
(a)
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:
[1]
The trash rack shall have parallel bars, with no
greater than six-inch spacing between the bars;
[2]
The trash rack shall be designed so as not to adversely
affect the hydraulic performance of the outlet pipe or structure;
[3]
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
[4]
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.
(b)
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:
[1]
The overflow grate shall be secured to the outlet
structure but removable for emergencies and maintenance.
[2]
The overflow grate spacing shall be no less than
two inches across the smallest dimension.
[3]
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.
(c)
Stormwater management BMPs shall include escape provisions as
follows:
[1]
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;
[2]
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
[3]
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.
(4)
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.
(5)
Safety ledge illustration.
|
Elevation View - Basin Safety Ledge Configuration
 |
I.
Requirements for a site development stormwater plan:
(1)
Submission of site development stormwater plan.
(a)
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.
(b)
The applicant shall demonstrate that the project meets the standards
set forth in this section.
(2)
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.
(3)
Submission of site development stormwater plan. The following
information shall be required:
(a)
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and flood plains
along with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
(b)
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.
(c)
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.
(d)
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.
(e)
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
[1]
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.
[2]
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.
(f)
Calculations.
[1]
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.
[2]
When the proposed stormwater management control
measures depend on the hydrologic properties of soils or require certain
separation from the seasonal high water table, then a soils report
shall be submitted. The soils report shall be based on on-site boring
logs or soil pit profiles. The number and location of required soil
borings or soil pits shall be determined based on what is needed to
determine the suitability and distribution of soils present at the
location of the control measure.
(g)
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J.
(h)
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 I(3)(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.
J.
Maintenance and repair:
(2)
General maintenance.
(a)
The design engineer shall prepare a stormwater management maintenance
plan (SMMP) for the stormwater management measures incorporated into
the design of a major development.
(b)
All major subdivision and site plan applications shall submit
a stormwater management maintenance plan (SMMP) in accordance with
this section for approval by the Planning Board prior to the issuance
of final subdivision or site plan approval. The SMMP shall clearly
indicate the measures that will be taken by the responsible party
to provide for long-term maintenance and repair of the stormwater
management facilities and the financial plan that will be implemented
to ensure that the financial resources are available to conduct the
repair and maintenance activities on a long-term basis.
(c)
Preventive and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.) of the stormwater management measures,
including, but not limited to, repairs or replacement of structures;
removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of nonvegetated linings.
(d)
The SMMP shall include, but not be limited to, the following:
[1]
The name, address, and telephone number of the
person or persons responsible for preventative and corrective maintenance
(including replacement).
[2]
An outline of the preventative and corrective maintenance
to be performed to maintain the functional parameters (storage volume,
infiltration rates, inflow/outflow capacity, etc.) of the stormwater
management measures, including, but not limited to, repairs or replacement
of structures; removal of sediment, debris, or trash; restoration
of eroded areas; snow and ice removal; fence repair or replacement;
restoration of vegetation; and repair or replacement of nonvegetated
linings.
[3]
A list and discussion of the specific preventative
maintenance tasks and schedules appropriate for the stormwater management
facilities based on the maintenance guidelines for those measures
in the New Jersey Stormwater Best Management Practices (BMP) Manual.
[4]
Cost estimates, including estimated cost of sediment,
debris, or trash removal.
[5]
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.
[6]
An annual inspection requirement by a New Jersey
licensed professional engineer that results in the submission of a
report to the responsible party and to the Township by April 15 of
the succeeding year indicating the condition of the stormwater measures
and any items requiring repair or corrective action. The annual engineering
report shall be reviewed and approved by the Township Engineer.
[7]
The SMMP shall stipulate that within 30 days of
the submission of the annual report outlining the need for repair
of corrective actions, the responsible party shall submit a remedial
action report to the Township outlining the specific measures to be
taken and the time required to complete these measures. If the corrective
measures are not implemented in accordance with the remedial action
report, the SMMP shall grant the Township the authority, but not the
obligation, to implement those actions and to establish a method of
charging the responsible party for the cost of those actions.
(e)
Maintenance responsibility. The SMMP shall identify the person
responsible for implementing the SMMP in accordance with the following
requirements:
[1]
If the SMMP identifies a person other than the
property owner (for example, a developer, public agency or homeowners'
association) as having the responsibility for maintenance, the SMMP
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.
[2]
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.
[3]
If the party responsible for maintenance identified under Subsection J(2)(e)[1] above is not a public agency, the SMMP and any future revisions shall be recorded upon the deed of record for each property on which the maintenance described in the SMMP must be undertaken.
[4]
The party responsible for maintenance shall comply
with the following requirements:
[a]
Maintain a detailed log of all preventative and
corrective maintenance for the stormwater management measures incorporated
into the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
[b]
Evaluate the effectiveness of the maintenance plan
at least once per year and adjust the plan and the deed as needed;
and
[c]
Submit the above information to the Township on
an annual basis with the annual engineering inspection report.
(f)
SMMP financial plan. The SMMP shall contain a financial plan
component that includes the following:
[1]
An estimate of the annual cost of all the maintenance
and repair activities listed in the SMMP. The cost estimate shall
include the estimated cost of sediment, debris, or trash removal and
disposal. The annual maintenance and repair cost estimate shall be
itemized and shall be based on the actual cost of similar activities.
[2]
The total present value of the entire stormwater
management system shall be indicated based on the design engineer's
estimate of the cost of system construction.
[3]
The useful life of the major components of the
management system shall be specified. At a minimum, it shall be assumed
that 100% of the system component shall be reconstructed at the end
of the useful life.
[4]
The amount that will need to be set aside on an
annualized basis to enable the major capital repair and replacement
activities to be undertaken at the end of the useful life of each
major component. The annual sinking fund amount shall assume that
annual investment revenue is equal to the cost of inflation.
[5]
The financial plan shall demonstrate the measures
that will be taken to assure that the funds will be available for
the necessary maintenance and repair costs. These assurances may include
financial guarantees and a legal commitment that annual dues will
always exceed the estimated annual maintenance cost plus the annual
sinking fund contribution for long-term capital repair and replacement
activities.
[6]
The financial plan shall also include an annual
reporting requirement from the responsible party to the Township indicating
the actual tasks undertaken and the associated cost. The annual financial
report shall be submitted by April 15 of the succeeding year and shall
include an audit of the stormwater management system expenses prepared
by a New Jersey licensed accountant.
[7]
The financial plan shall provide for a procedure
to modify the financial plan based on actual experience. Any adjustments
in the financial plan shall be outlined in an amendment to the SMMP
and shall not take effect until they are reviewed and approved by
the Township Engineer.
[8]
The responsible party shall be required to post,
maintain, and renew every two years, a cash deposit or surety bond
without expiration date, in an amount equal to twice the amount specified
for annual maintenance of the stormwater management system in the
approved annual budget for the year the cash deposit or bond or two-year
replacement is posted (or such other amount as may later be required
by ordinance), naming the responsible party as principal/obligor and
the Township as oblige, to be used for maintenance, repair and replacement
of the stormwater management system by the Township, at the Township's
sole option, in the event of the responsible party's failure
to do so, which cash deposit or surety bond and each two-year replacement
must be approved as to form and amount by the Township Solicitor and
Engineer, and posted with the Township Clerk.
(g)
The requirements Subsection J(2)(e)[1] and J(2)(e)[2] 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 permit conditions, as issued by the Department.
(h)
In the event that a 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 Township Engineer. If the responsible
person fails or refuses to perform such maintenance and repair, the
Township shall have the ability, but not the obligation, to immediately
proceed to do so and shall bill the cost thereof to the responsible
person based on the remedial action provision of the SMMP. Nonpayment
of such bill may result in a lien on the property. The express provisions
of this section shall in no way limit the Township's ability
to establish other methods to enforce the requirements of this section,
or to ensure achievement of its objectives, or the objectives of other
stormwater and environmental laws and regulations.
(3)
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.
K.
Penalties. Any person who erects, constructs, alters, repairs, converts,
maintains or uses any building structure or land in violation of this
article, or does not adhere to the reporting requirements, shall be
subject to the following penalties: $1,500, a term of imprisonment
for not to exceed 90 days or a performance of community service for
not to exceed 90 days, or any combination thereof.
L.
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.
M.
Effective date. This section shall be in full force and effect from
and after its adoption and any publication as required by law.
N.
Illicit connection.
(1)
DOMESTIC SEWAGE
ILLICIT CONNECTION
INDUSTRIAL WASTE
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
NJPDES PERMIT
NONCONTACT COOLING WATER
PERSON
PROCESS WASTEWATER
STORMWATER
Definitions. For the purpose of this subsection, the following
terms, phrases, words, and their derivations shall have the meanings
stated herein unless their use in the text of this subsection 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 corresponding definitions in the New Jersey Pollutant
Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
Waste and wastewater from humans or household operations.
Any physical or nonphysical connection that discharges domestic
sewage, noncontact cooling water, process wastewater, or other industrial
waste (other than stormwater) to the municipal separate storm sewer
system operated by the Township of Pilesgrove, unless that discharge
is authorized under a NJPDES permit other than the Tier A Municipal
Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical
connections may include, but are not limited to, leaks, flows, or
overflows into the municipal separate storm sewer system.
Non-domestic waste, including, but not limited to, those
pollutants regulated under Section 307(a), (b), or (c) of the Federal
Clean Water Act [33 U.S.C. § 1317(a), (b), or (c)].
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by Pilesgrove Township or other public body, and is designed and used
for collecting and conveying stormwater.
A permit issued by the New Jersey Department of Environmental
Protection to implement the New Jersey Pollutant Discharge Elimination
System (NJPDES) rules at N.J.A.C. 7:14A.
Water used to reduce temperature for the purpose of cooling.
Such waters do not come into direct contact with any raw material,
intermediate product (other than heat) or finished product. Noncontact
cooling water may, however, contain algaecides, or biocides to control
fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any water which, during manufacturing or processing, comes
into direct contact with or results from the production or use of
any raw material, intermediate product, finished product, byproduct,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than noncontact cooling water.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
is captured by separate storm sewers or other sewerage or drainage
facilities, or is conveyed by snow removal equipment.
(2)
Prohibited conduct. No person shall discharge or cause to be
discharged through an illicit connection to the municipal separate
storm sewer system operated by the Township of Pilesgrove any domestic
sewage, noncontact cooling water, process wastewater, or other industrial
waste (other than stormwater).
[Added 9-12-2023 by Ord. No. 23-16]
A.
Purpose:
(1)
The purpose of this section is to prevent stored salt and other
solid de-icing materials from being exposed to stormwater.
(2)
This section establishes requirements for the storage of salt
and other solid de-icing materials on properties not owned or operated
by the municipality (privately owned), including residences, in Pilesgrove
Township to protect the environment, public health, safety and welfare,
and to prescribe penalties for failure to comply.
B.
DE-ICING MATERIALS
IMPERVIOUS SURFACE
PERMANENT STRUCTURE
(1)
(2)
(3)
(4)
(5)
PERSON
RESIDENT
STORM DRAIN INLET
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 consistent 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.
Any granular or solid material such as melting salt or any
other granular solid that assists in the melting of snow.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
A permanent building or permanent structure that is anchored
to a permanent foundation with an impermeable floor, and that is completely
roofed and walled (new structures require a door or other means of
sealing the access way from wind driven rainfall). A fabric frame
structure is a permanent structure if it meets the following specifications:
Concrete blocks, jersey barriers or other similar material shall
be placed around the interior of the structure to protect the side
walls during loading and unloading of de-icing materials;
The design shall prevent stormwater run-on and run through,
and the fabric cannot leak;
The structure shall be erected on an impermeable slab;
The structure cannot be open-sided; and
The structure shall have a roll-up door or other means of sealing
the access way from wind driven rainfall.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A person who resides on a residential property where de-icing
material is stored.
The point of entry into the storm sewer system.
C.
Deicing material storage requirements:
(1)
Temporary outdoor storage of de-icing materials in accordance
with the requirements below is allowed between October 15 and April
15:
(a)
Loose materials shall be placed on a flat, impervious surface
in a manner that prevents stormwater run-through;
(b)
Loose materials shall be placed at least 50 feet from surface
water bodies, storm drain inlets, ditches and/or other stormwater
conveyance channels;
(c)
Loose materials shall be maintained in a cone-shaped storage
pile. If loading or unloading activities alter the cone-shape during
daily activities, tracked materials shall be swept back into the storage
pile, and the storage pile shall be reshaped into a cone after use;
(d)
Loose materials shall be covered as follows:
[1]
The cover shall be waterproof, impermeable, and
flexible;
[2]
The cover shall extend to the base of the pile(s);
[3]
The cover shall be free from holes or tears;
[4]
The cover shall be secured and weighed down around
the perimeter to prevent removal by wind; and
[5]
Weight shall be placed on the cover(s) in such
a way that minimizes the potential of exposure as materials shift
and runoff flows down to the base of the pile.
[a]
Sandbags lashed together with rope or cable and
placed uniformly over the flexible cover, or poly-cord nets provide
a suitable method. Items that can potentially hold water (e.g., old
tires) shall not be used;
(e)
Containers must be sealed when not in use; and
(f)
The site shall be free of all de-icing materials between April
16 and October 14.
(2)
De-icing materials should be stored in a permanent structure
if a suitable storage structure is available. For storage of loose
de-icing materials in a permanent structure, such storage may be permanent,
and thus not restricted to October 15 through April 15.
(3)
All such temporary and/or permanent structures must also comply
with all other local ordinances, including building and zoning regulations.
(4)
The property owner, or owner of the de-icing materials if different,
shall designate a person(s) responsible for operations at the site
where these materials are stored outdoors, and who shall document
that weekly inspections are conducted to ensure that the conditions
of this section are met. Inspection records shall be kept on-site
and made available to the municipality upon request.
(a)
Residents who operate businesses from their homes that utilize
de-icing materials are required to perform weekly inspections.
D.
Exemptions:
(1)
Residents may store de-icing materials outside in a solid-walled,
closed container that prevents precipitation from entering and exiting
the container, and which prevents the de-icing materials from leaking
or spilling out. Under these circumstances, weekly inspections are
not necessary, but repair or replacement of damaged or inadequate
containers shall occur within two weeks.
(2)
If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in Subsection C above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
(3)
This section does not apply to facilities where the stormwater
discharges from de-icing material storage activities are regulated
under another NJPDES permit.
E.
Enforcement. This section shall be enforced by the Pilesgrove Township
Zoning Officer during the course of ordinary enforcement duties.
F.
Violations and penalties. Any person(s) who is found to be in violation
of the provisions of this section shall have 72 hours to complete
corrective action. Repeat violations and/or failure to complete corrective
action shall result in fines as follows: $200 per day.
G.
Severability. Each section, subsection, sentence, clause, and phrase
of this section is declared to be an independent section, subsection,
sentence, clause, and phrase, and 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.
H.
Effective date. This section shall be in full force and effect from
and after its adoption and any publication as may be required by law.
A.
Streets.
(1)
All developments shall be served by paved streets
in accordance with the approved subdivision and/or site plan. The
arrangement of such streets not shown on the Master Plan or Official
Map, as adopted by the Township, shall be such as to provide for the
appropriate extension of such streets and conform with the topography
as far as practicable. Local streets shall be planned so as to discourage
through traffic.
(2)
When a new development adjoins land susceptible of
being subdivided or developed, suitable provisions shall be made for
access to adjoining lands.
(3)
In the event that a development adjoins or excludes
existing streets that do not conform to widths as shown on the adopted
Master Plan or Official Map or the street width requirements of this
chapter, additional land along either or both sides of the street,
sufficient to conform to the right-of-way requirements, shall be dedicated
for the location, installation, repair and maintenance of streets,
drainage facilities, utilities and other facilities customarily located
on street rights-of-way. The necessary deeds of ownership shall be
furnished and the dedication shall be expressed as follows: "Street
right-of-way granted for the purposes provided for and expressed in
the Land Development Ordinance of Pilesgrove Township." If the development
is along one side only, 1/2 of the required extra width shall
be dedicated and shall be improved, including excavation, base course
and surfacing, in accordance with the approved application. Final
approval of a development application shall not be construed as the
acceptance of a street or portion thereof dedicated to public use.
(4)
All streets shall conform to the design standards
as set forth in the following chart:
|
Local Street
|
Minor Collector
|
Major Collector
|
Arterial
| ||
|---|---|---|---|---|---|
|
Design speed (mph)
|
35
|
50
|
60
|
70
| |
|
Maximum degree of curve
|
16º
|
7.5º
|
5º
|
3.5º
| |
|
Minimum stopping sight distance (feet)
|
240
|
350
|
475
|
600
| |
|
Minimum center line grade
|
0.5%
|
0.5%
|
0.5%
|
0.5%
| |
|
Maximum center line grade
|
8.0%
|
8.0%
|
4.0%
|
4.0%
|
(5)
All design shall be in accordance with:
(a)
A Policy on Geometric Design of Rural Highways,
American Association of State Highway Officials, 1965; and/or
(b)
A Policy on Design of Urban Highways and Arterial
Streets, American Association of State Highway and Transportation
Officials; and/or
(c)
Current Manual on Uniform Traffic Control Devices,
Federal Highway Administration, United States Department of Transportation.
(6)
In all developments, the minimum public street right-of-way
shall be measured from lot line to lot line and shall be in accordance
with the following schedule, but in no case shall a new street that
is a continuation of an existing street be continued at a width less
than the existing street although a greater width may be required
in accordance with the following schedule:
|
ROW Width1
(feet)
|
Traffic No.
|
Lanes Width
(feet)
|
Shoulder Width Within Gutters
(feet)
|
Width Outside Cartway on Each
Side2
(feet)
|
Width of Cartway1 (feet)
| |
|---|---|---|---|---|---|---|
|
Arterial
|
66
|
2
|
13
|
103
|
10
|
464
|
|
Major collector
|
60
|
2
|
12
|
83
|
10
|
404
|
|
Minor collector
|
54
|
2
|
12
|
55
|
10
|
344
|
|
Local3
|
50
|
2
|
15
|
None
|
10
|
306
|
|
NOTES:
| ||||||
|---|---|---|---|---|---|---|
|
1Right-of-way
width and/or width of cartway may be required to be more within and
approaching intersections.
| ||||||
|
2Shall
be grass stabilized topsoil, minimum four inches thick, unless otherwise
specifically approved by the Township Planning Board or Zoning Board
of Adjustment, as the case may be.
| ||||||
|
3Shoulder
area shall be paved.
| ||||||
|
4No on-street
parking permitted.
| ||||||
|
5Shoulder
areas shall not be paved except as required by the Planning Board
or Zoning Board of Adjustment, as the case may be, for proper surface
water drainage, intersection traffic movements and road geometry through
curves. When not required to be paved, the shoulder area, or portion(s)
thereof, shall be approved by the Township Planning Board or Zoning
Board of Adjustment, as the case may be, to remain in its natural
vegetative state, be cleared for sight distance safety purposes, be
improved for drainage purposes and/or be cleared, graded and appropriately
stabilized with an all-weather surface for traffic movements and the
parking of disabled vehicles.
| ||||||
|
6On-street
parking permitted.
|
(7)
Street intersections.
(a)
Street intersections shall be as nearly at right
angles as possible and in no case shall be less than 80º. Approaches
to all intersections involving collector or arterial roads shall follow
a straight line or a curve with a radius of not less than 700 feet
for at least 100 feet. No more than two streets shall meet or intersect
at any one point, and the center lines of both intersecting streets
shall pass through a common point. Street jogs with center-line offsets
of less than 125 feet are prohibited.
(b)
Any development abutting an existing street
classified as an arterial or major collector shall be permitted only
one new street connecting with the same side of the existing street,
except where the frontage is sufficient, more than one street may
intersect the arterial or major collector street, provided that the
streets shall not intersect with the same side of the existing street
at intervals of less than 800 feet.
(8)
A tangent of at least 100 feet long shall be introduced
between reverse curves on arterial or collector streets. When connecting
street lines deflect from each other at any one point, they shall
be connected by a curve with a radius conforming to standard engineering
practice as contained in the Transportation and Traffic Engineering
Handbook, ITE, latest edition.
(9)
Subdivisions.
[Amended 3-12-2007 by Ord. No. 07-03]
(a)
Subdivisions abutting arterial, major collector, or minor collector
streets shall provide a marginal service road meeting, at minimum,
the requirements for a local street, reverse frontage lots with planted
buffer strips, or such other means of separation of through and local
traffic as the Board may deem appropriate.
(b)
No subdivision proposing reserve strips controlling access to
streets shall be approved except where the governing body has agreed,
upon the Board's recommendation, to accept ownership or dedication
of the land comprising such reserve strips, or where the conditions
of any alternative proposal for the ownership, control or other disposition
of the land comprising such reserve strips has been approved by both
the Board and the governing body.
(10)
The right-of-way for internal roads and alleys
in commercial and industrial development shall be determined on an
individual basis by the Board and shall in all cases be of sufficient
width and design to safely accommodate expected traffic movements
and parking and loading needs.
(11)
Culs-de-sac.
(a)
Culs-de-sac shall be no more than 600 feet in
length, excluding the turnaround, but, in any case, shall provide
access to no more than 20 dwelling units where such access is to single-family
detached dwellings only or to no more than 60 dwelling units where
access is to other than single-family detached dwellings.
(b)
A turnaround shall be provided at the end of
the cul-de-sac with a radius of 50 feet on the curbline plus a utility
and planting strip of 10 feet around the entire cul-de-sac. The center
point for the radius shall be the center line of the associated street
or, if offset, offset to a point where the radius becomes tangent
to the right curbline of the associated street. (See diagram following
the Standard Construction Details.) If a cul-de-sac is temporary,
the turnaround shall be provided temporarily with provisions for the
future extension of the street and reversion of the excess right-of-way
to adjoining properties.
(12)
No street shall have a name which will duplicate
or so nearly duplicate the name of an existing street name so that
confusion results. The continuation of an existing street name shall
have the same name. Curvilinear streets shall change their name only
at street intersections. The Board reserves the right to approve or
name streets within a proposed development.
(13)
The pavement width of streets and the quality
of subsurfacing and base materials shall adhere to the minimum standards
set forth by the county or state engineers when said paving concerns
roads under their jurisdiction and where such standards exist. Concerning
streets under the jurisdiction of the Township, the following standards
shall apply:
(a)
All construction shall be in accordance with
the Typical Roadway Sections and Details, Diagrams 1 through 4, and
the Standard Construction Details, Diagrams 5 and 6, as promulgated
by the Township Engineer and adopted as part of this chapter and the
New Jersey State Highway Standards and Specifications for Road and
Bridge Construction (1989) and any amendments thereto.
(b)
Gravel base course shall be constructed in accordance
with the provisions of the Standard Specifications for Road and Bridge
Construction of the New Jersey Department of Transportation, as amended.
Gravel base course shall be soil aggregate, designation I-5, of said
specifications.
(c)
Bituminous-stabilized base course materials
shall conform to requirements specified in the Standard Specifications
of Road and Bridge Construction of the New Jersey Department of Transportation,
as amended, for bituminous-stabilized base course I-2 stone mix. Before
construction of the bituminous-stabilized base course, the gravel
base shall be in properly finished condition conforming to the proper
line and grade and free of soft spots or other deficiencies. Within
24 hours prior to the commencement of paving, the gravel base course
shall be tested by running a roller of a weight as great or greater
than that to be used in the paving operation over the entire pavement
area. When, in the opinion of the Township Engineer or his representative,
such testing results in excessive deformation, the developer will
be required to stabilize the gravel base course in a manner satisfactory
to the Township Engineer.
(d)
The method of construction of the bituminous-stabilized
base course shall conform to the same State of New Jersey specifications
referred to above for base course materials. Upon completion, uniformly
selected core samples intact for full thickness of the base course
shall be provided at the rate of one sample for every 1,000 square
yards of base course, at the expense of the developer. Where deficiencies
in required thicknesses are noted, at least two additional cores will
be required to determine the extent of the deficiency.
(e)
The average thickness of the bituminous-stabilized
base course, as determined from the core samples, shall be no less
than the thickness specified in Diagrams 1 through 4, Typical Roadway
Sections and Details, which are part of this chapter. When the pavement,
as indicated by the core sample, shows a deficiency of 1/4 inch
or more from the required thickness, the Township Engineer, at his
option, may direct the developer to:
(f)
Materials for the surface course, as required
in Diagrams 1 through 4, Typical Roadway Sections and Details, which
are a part of this chapter, shall be FABC-1, Mix No. I-5, as specified
in the aforementioned New Jersey Department of Transportation Standard
Specifications, which shall be placed over a properly installed and,
where needed, repaired base course. Prior to the construction of the
surface course, a tack coat, as specified in the aforementioned New
Jersey Department of Transportation Standard Specifications, shall
be applied.
(g)
Upon completion of the surface course, the developer
shall provide core samples therefrom in accordance with the procedures
outlined above the base course sampling. The average thickness of
the FABC-1 surface course, as determined from the core samples, shall
be not less than the thickness specified in Diagrams 1 through 4,
Typical Roadway Sections and Details, which are a part of this chapter.
When the pavement, as indicated by any core samples, shall show a
deficiency of 1/4 inch or more from the required thickness, the
Township Engineer, at his option, may direct the developer to:
(14)
When a local street is proposed within a development
which either ends in a cul-de-sac or loops through the development
to provide two intersections with local, collector or arterial streets
within Pilesgrove Township, said local street shall not extend across
municipal boundaries.
(15)
In blocks over 1,000 feet long, pedestrian crosswalks
may be required in locations deemed necessary by the Board. Such walkways
shall be 10 feet wide and shall be straight from street to street.
(16)
Classification of streets. Existing streets within Pilesgrove
Township are classified as follows:
[Added 3-12-2007 by Ord. No. 07-03]
(a)
Local streets include all streets that are not classified below
as minor collector streets, major collector streets, or arterial streets.
(b)
Minor collector streets:
|
Avis Mill Road
| |
|
Cedar Lane
| |
|
Cemetery Road
| |
|
County Home Road
| |
|
Davis Road
| |
|
East Lake Road (between East Millbrook Road and Woodstown-Alloway
Road)
| |
|
Featherbed Lane
| |
|
Fox Road
| |
|
Harrisonville Lake Road
| |
|
Layton Road
| |
|
Lincoln Road
| |
|
Old Salem Road
| |
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Pierson Road
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Robbins Road
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Sharptown-Auburn Road
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Stewart Road
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Williams Road
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Mannington-Yorktown Road
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(c)
Major collector streets:
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Commissioners Pike (County Route No. 581)
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Auburn Road (County Route No. 602)
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Woodstown-Alloway Road (County Route No. 603)
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Woodstown-Swedesboro Road (County Route No. 605)
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Alloway-Daretown Road (County Route No. 614)
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Woodstown-Daretown Road (County Route No. 615)
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Bailey Street (County Route No. 616)
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Woodstown-Harrisonville Road (County Route No. 617)
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Woodstown-Whig Lane Road (County Route No. 619)
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King's Highway (County Route No. 620)
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Marlton Road (County Route No. 636)
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Pointers-Auburn Road (County Route No. 646)
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Point Airy Road (County Route No. 660)
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Eldridges Hill-Whig Lane Road (County Route No. 660)
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Woodstown-Yorktown Road (County Route No. 672)
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East Millbrook Road
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East Lake Road (between East Millbrook Road and Eldridges Hill-Whig
Lane Road)
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(d)
Arterial streets:
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Harding Highway (U.S. Route 40)
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Woodstown-Salem Road (State Route 45)
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B.
Curbs and gutters.
(1)
Standard monolithic concrete curbs and gutters will
be required along the pavement edge of streets in conformance with
the improvement standards as defined on Diagrams 1 through 4, Typical
Roadway Sections and Details, and Standard Construction Details, shown
in Diagram 5 or 6, which are a part of this chapter. Concrete shall
be Class B as specified elsewhere in this chapter.
(2)
Expansion joints shall be provided at intervals of
20 feet or when new construction abuts existing construction. The
expansion joints shall be filled with one-half-inch-thick cellular
material conforming to the requirements therefor contained in the
Standard Specifications of the New Jersey Department of Transportation,
as amended to date, to within 1/2 inch of the top and face of
the curb and to within 1/4 inch to the top of the gutter. All
joints shall extend the full depth of the structure.
(3)
Finished curbs and gutters shall be true to applicable
grades, lines, dimensions and curvatures. Exposed edges shall be neatly
rounded to a one-half-inch radius. Depressed curb ramps for the handicapped
shall be installed at all radii in accordance with the laws of the
State of New Jersey. Completed work shall be protected by curing methods
approved by the Township Engineer for at least three days. Damaged,
broken or cracked work shall be renewed by the contractor at his expense.
(4)
In those cases where a developer requests a waiver
from ordinance requirements for curbs and/or gutters, the Board, in
reviewing a request for such waiver, shall consider the following
guidelines:
(a)
Curbs or gutters should be required in the case
of any development generating large volumes of vehicular traffic or
lying in close proximity to such development and at all street intersections.
(b)
Curbs or curbs and gutters should be required
in conjunction with any multifamily residential development and with
higher density single- or two-family subdivisions having average lot
sizes of 1/2 acre or less.
(c)
Curbs or curbs and gutters should be required
in conjunction with single-family subdivisions having average lot
sizes of more than 1/2 acre, unless it can be demonstrated to
the satisfaction of the Township Engineer that all new surface runoff
from the development will be disposed of on-site, that shoulder construction
or percolation characteristics of roadside soils are such that excessive
rutting of shoulder areas will not occur and that the existing topography
is such that water ponding will not occur.
(d)
Curbs or curbs and shoulders should be required
in any case where, in the opinion of the Township Engineer, low gradients,
unusual soil, structural problems or other conditions indicate susceptibility
to poor surface water flow or lack of uniformity in shoulder grades.
(e)
Curbs or curbs and gutters should be required
along existing or proposed municipal streets or roads in conjunction
with any proposed development that would otherwise, in the opinion
of the Township Engineer, contribute to an adverse drainage condition,
soil erosion or watercourse siltation.
C.
Sidewalks and aprons.
(1)
Sidewalks (and related aprons) shall be required along
all streets and shall be constructed by the developer in accordance
with the following criteria:
(a)
Existing sidewalks shall be extended throughout
all areas of the Township when the roads upon which they are located
are extended;
(b)
Sidewalk linkages shall be provided throughout
all areas of the Township between existing and/or previously approved
sidewalks unless specifically waived in specific locations by the
reviewing board based upon good cause, such as the existence or proposal
of alternate linkages for pedestrian movement and/or a determination
that such specific linkages will not be utilized and/or other specific
reasons;
(c)
In the SR, RR, AR, VN and CC Districts, sidewalks
shall be provided on both sides of all local streets, excepting that:
[1]
Permanent culs-de-sac not more than 600 feet
in length (measured from the center line of the intersecting street
to the center of the cul-de-sac bulb) and not providing access to
more than 10 dwelling units shall not require sidewalks but shall
provide a paved area at both corners of the intersection for pedestrians
waiting off-street; and
[2]
Planned developments (e.g., agricultural retention
clusters or age-restricted residential clusters) may not be required,
at the discretion of the Board, to include sidewalks on both sides
of all local streets, provided that an alternate comprehensive plan
for the movement of people and bicycles within the proposed development
and between the proposed development and adjacent lands is submitted
to and reviewed and approved by the Board.
(d)
No developments in the PPE Districts shall be
required to provide sidewalks except in locations determined by the
Board to be necessary and/or desirable for safety purposes or for
other good cause purposes.
(e)
In those cases where a developer requests a
waiver from the requirements of sidewalks as set forth in this section,
the Board, in considering such waiver, shall take into account the
guidelines that sidewalks should be required in the case of any development
or portion thereof lying in close proximity to school sites and other
pedestrian movement generators, including but not limited to recreational
facilities, churches, clubs, eating establishments and retail shopping
centers.
(2)
Sidewalks may be located in the traditional manner
between the proposed edge of the pavement and right-of-way line of
the street, or, in the alternative, the Board may require that the
sidewalks be set back further from the proposed edge of the pavement
and be constructed in a meandering pattern (that meanders outside
the right-of-way line). In such instances, the sidewalks ordinarily
will be located both within the street right-of-way and an additional
five feet of the ten-foot strip of land adjacent the street right-of-way
otherwise provided for the location of underground utilities and street
trees where required.
[Amended 12-13-2011 by Ord. No. 11-09]
(4)
Sidewalks, aprons and sidewalks at aprons shall be concrete and shall be constructed in accordance with the Standard Construction Details as promulgated by the Township Engineer in accordance with law. Sidewalks shall be at least four feet wide. Sidewalks shall be constructed of portland cement, Class C, as specified elsewhere in this chapter, and shall adhere to the construction details set forth for curbs in Subsection B hereinabove. Additionally, where subgrade is yielding or otherwise unsatisfactory in the opinion of the Township Engineer, all unsuitable material shall be removed, and suitable material shall be applied until the subgrade is nonyielding to the satisfaction of the Township Engineer.
(5)
In rural areas, where warranted, the Board may permit
bituminous concrete sidewalks according to specifications and subject
to approval of the Township Engineer.
(6)
Finished sidewalks shall be true to specified lines,
grade, dimensions and curvatures. Completed work shall be adequately
protected from traffic and the elements.
D.
Street trees. Street trees shall be planted along
both sides of all adjacent and proposed streets at forty-foot intervals,
or an equivalent number shall be planted in an arrangement as approved
by the Planning Board. The caliper of the street trees shall have
a minimum caliper of 2 1/2 inches measured three feet from the
ground. No trees or plantings other than what is approved by the Township
shall be located within the right-of-way of any street.
[Amended 12-13-2011 by Ord. No. 11-09]
E.
Snow and ice removal on unaccepted and unapproved roads.
[Added 12-2-2008 by Ord. No. 08-15]
(1)
Owner, developer or subdivider responsible for removal. Any owner,
developer or subdivider of real property on or adjacent to which said
owner, developer or subdivider has constructed a street or road open
to the public but not yet accepted and approved by the Township as
a public road or street, and on which real property or subdivision
has been constructed at least three separate dwelling houses or an
apartment building or buildings containing three or more units of
dwelling space, which dwelling houses or units are occupied or intended
to be occupied by three or more persons who live independently of
each other and whose occupants depend on such street or road for access
to and egress from their dwelling houses or units to the public road
system, and even though said street or road has been deeded or dedicated
to the Township but is not yet finally approved or accepted by the
Township, shall be obligated to remove all snow and ice from such
street or road within 12 hours of daylight after the same shall fall
or be formed thereon.
(2)
Written plan for removal.
(a)
Every such owner, developer or subdivider while so obligated
shall file with the Township Clerk, within 12 days after the effective
date of this subsection and annually on November 1 of each calendar
year, a written plan for snow and ice removal. Said plan shall include:
[1]
The name, address and telephone number of a person responsible
for snow and ice removal from such street or roadway who can be reached
24 hours a day.
[2]
The name, address and telephone number of any contractor who
is responsible for such snow removal.
[3]
A list of all equipment and supplies available for such snow
and ice removal.
[4]
The response time for the contractor to take action for snow
and ice removal.
(b)
Such owner, developer or subdivider shall notify the Township
Clerk within 10 days of any changes in the information set forth in
said plan.
(3)
Costs of removal; lien to be placed. The Township of Pilesgrove may
provide for the removal of such snow or ice by its own personnel and
equipment or by a contractor where the owner, developer or subdivider
obligated by this subsection to do so shall fail to remove snow or
ice from such street or road as provided by this subsection. The cost
of such removal of any such snow or ice from any such street or road
by the Township or a Township contractor shall be certified to the
governing body of Pilesgrove Township by the officer in charge thereof.
The governing body shall examine such certificate, and if found to
be correct, shall cause such cost to be charged against such real
property owned by such owner, developer or subdivider who is obligated
by this subsection to perform such ice and snow removal over which
or through which such street or road is located. The amount so charged
shall be paid to the Township within 14 days of written notice thereof,
mailed or delivered to said owner, developer or subdivider, and that
amount if not so paid shall become a lien and tax upon such real property
and be added to and be part of the taxes next to be levied and assessed
thereon and enforced and collected with interest by the same officers
and in the same manner as other taxes. Such removal of snow and ice
by the Township or its contractor shall not constitute acceptance
of such street or road by the Township as a public street or road.
A.
Private residential swimming pools.
(1)
No private residential swimming pool shall be constructed
or installed on any lot unless the lot contains a principal residential
building. A pool shall be located in rear yard areas only and shall
occupy no more than 75% of the yard area in which it is located and
shall be located no closer than 20 feet to any lot line. There shall
be no minimum distance requirement between the pool and principal
structure.
(2)
A private residential swimming pool shall be enclosed
by a permanent fence sufficient to make the pool inaccessible to small
children. The fence, including the gate therein, shall not be less
than four feet in height or more than six feet in height. All gates
shall be self-closing and self-latching with latches placed four feet
above the underlying ground and otherwise made inaccessible from the
outside to small children. In the case of hot tubs and whirlpools
only, a natural barrier, hedge, pool cover or other protective device
approved by the Construction Official shall be an acceptable enclosure
so long as the degree of protection afforded by the substituted device
or structure is not less than the protection afforded by the fence
with self-closing and self-latching gates described above.
(3)
Any lighting in connection with a private residential
swimming pool shall be so directed downward and shielded from adjacent
properties.
B.
Commercial or public swimming pools.
(1)
No commercial swimming pool shall be constructed or installed unless approved by the Board as part of a site plan approval and shall be an accessory use as permitted in Articles IV and VI. Commercial or public swimming pools shall be classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute or the Swimming Pool Code of New Jersey, latest edition, whichever is more stringent.
A.
Water mains.
(1)
Where public water is accessible, water mains shall
be constructed in such a manner as to make adequate water service
available to each lot or building within the development. The entire
system shall be designed in accordance with the requirements and standards
of the local and/or state agency having approval authority and shall
be subject to its/their approval and the Township Engineer. The system
shall also be designed with adequate capacity and sustained pressure
and in a looped system with no dead-end lines, whenever possible.
(2)
For purposes of this subsection, "accessible" shall
mean that the property to be developed is no further from an existing
water main than the number of feet arrived at by multiplying the number
of units in the proposed development by 200, or, in the case of subdivisions
in which more than 15 units are proposed, "accessible" shall mean
that the property to be developed is within one mile of an existing
water main.
(3)
The Board may require the installation of water mains
for future connection with a public water supply system if such system
is expected to be provided within a reasonable period of time or the
applicant to deposit funds in escrow with the Township in an amount
equal to the cost of connecting the subdivision or development to
an existing public water supply system calculated on the basis of
200 feet per unit. The escrow amount shall be calculated by determining
the costs of providing such water main extension as charged by the
public water utility for such service, including but not limited to
materials, installation, taxes, appurtenances, surcharges, if any,
etc.
B.
Where no public water is accessible, water shall be
furnished on an individual lot basis. Well installation, sealing and
testing shall be in accordance with the New Jersey Standards for Construction
of Water Supply Systems in Realty Improvements (Chapter 199 of the
Public Laws of 1954)[1], as amended, and in accordance with the guidelines and
resolutions adopted by the Salem County Health Department.
[1]
Editor's Note: See N.J.S.A. 58:11-23 et seq.
C.
Fire hydrants shall be required by Township specifications:
operating cap nuts shall be one-and-one-half-inch pentagon. Hydrants
shall be equipped with two hose nozzles and one steamer nozzle, size
and threads to be approved by the Township Fire Marshal or other designated
Township official. They shall have provision for a six-inch connection
to the main. The valve opening for the hydrant shall be four inches.
Valves shall be installed between the fire hydrant and the supply
main. Fire hydrant location and spacing shall be approved by the Township
Fire Marshal or other designated Township official.
