Any application for development within the Township of Pittsgrove shall demonstrate conformance to design standards that will encourage orderly development patterns within the municipality. Each development submitted for review and approval in accordance with this chapter shall conform to the design provisions and performance standards and requirements contained herein.
All proposed developments shall conform to the proposals and conditions or standards shown on the adopted Township Master Plan, as amended. The conformance to and impact upon proposed streets, drainage rights-of-way, school sites, public parks, recreational areas or open spaces, scenic and/or historic sites, community facilities, utilities or conservation areas, or other facilities or areas shown on the officially adopted Master Plan shall be considered by the Land Use Board in the review of plats and plans for development and may be referenced by it in setting conditions for the approval of any proposed development.
A. 
Future development. All improvements proposed in any development shall be designed and installed in such a way as to connect to any existing facilities and to enable future connections or extensions of expanded or new facilities. Wherever possible and in some instances required that improvements shall be designed to handle present and probable future development to the reasonable extent practical.
B. 
Character of land. Land which the Land Use Board finds to be unsuitable for a proposed development or their use due to environmental constraints, such as but not limited to flooding, improper drainage, steep slopes, soil conditions, or the existence thereon of historic sites, or vegetative or wildlife habitat, critical environmentally sensitive areas; and where the effect of such lots or development would have on remaining lands or other features or characteristics which can reasonably be expected to be harmful to the health, safety and general welfare of the present or future inhabitants of the development and/or its surrounding areas, shall not be developed unless acceptable and adequate measures or methods are formulated and undertaken by the applicant to eliminate and satisfactorily mitigate the problem(s) or adverse impact(s) which meet the intent and standards and regulations of this article and other applicable regulations, where applicable.
All developments shall be subject to the specific provisions or standards contained in this section. In the case of residential developments, the Residential Site Improvement Standards (RSIS), as amended and supplemented from time to time according to law, shall supersede the standards included herein dealing with the same provisions or improvements. The following provisions and standards shall be addressed and satisfied in connection with development review and approval:
A. 
Access. It is the intent of these regulations to limit access points from roadways designated as collectors or arterial roadways as identified on the adopted Township Master Plan and any adopted Master Plan or traffic and transportation plan(s) of the Salem County Land Use Board, in order to preserve the road carrying capacity and traveling safety along said roads.
(1) 
No driveway or access from an arterial roadway shall be permitted unless the site requiring said access has a minimum site frontage along said arterial roadway of 500 feet. Such access shall only be permitted where access is not available from another roadway or reverse frontage or a marginal access road are not possible due to the size and configuration of the parcel of land involved.
(2) 
Along major or urban collector roadways access shall be restricted to sites having a minimum site frontage of 300 feet. In the case of existing lots with less than the required 300 foot frontage available, the Land Use Board may adjust the required frontage accordingly. Wherever possible, joint use of access drives or roads shall be encouraged, facilitated and permitted to the extent practical and reasonable.
(3) 
Whenever a development is proposed at the intersection of an arterial or major collector and a road of less importance, access to the development shall be gained from the county or Township road of lower functional classification.
(4) 
Whenever a development abuts or crosses a municipal boundary, access to the lots within said development within the Township shall be from the Township as the general rule. Wherever access to a development is required across land in an adjoining municipality as the exception, the Land Use Board may require documentation that such access is legally established and that the access road is adequately improved.
(5) 
Access to a site shall be provided from an improved existing or proposed public street at defined locations. For developments on parcels of land with frontage of less than 150 feet, no more than two one-way driveways or one two-way driveway shall be permitted.
B. 
Agriculture.
(1) 
All agricultural activities and fish and wildlife activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with the recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service, and the New Jersey Agricultural Experimental Station at Rutgers, the State University of New Jersey. In all cases, agricultural activities shall include provisions to prevent problems with surface runoff, erosion and protection of environmentally sensitive lands adjacent to farming operations. Also see § 60-42E(7) of this chapter regarding agricultural buffer requirements.
(2) 
All of Pittsgrove Township is shown as a farmland preservation target area on the Salem County Agricultural Development map and as such, the preservation and protection of farmland shall be addressed in all development applications involving currently active farmland as determined by the property involved being qualified for farmland assessment as shown on the Township tax duplicate. Priority shall be given by the Land Use Board to preserving such farmland whenever open space is required in the case of planned developments.
C. 
Air quality. All development shall adhere to the relevant air quality standards of N.J.A.C. 77:27 et seq. Adherence to the standards of this section shall be determined by means of an air quality simulation model approved by the New Jersey Department of Environmental Protection and Energy pursuant to N.J.A.C. 7:27-18.3.
D. 
Blocks.
(1) 
The length, width and acreage of street blocks shall be sufficient to accommodate the size lot required in the zone district in which it is to be located and to provide for convenient access, circulation control and traffic study.
(2) 
Blocks over 1,000 feet in length within residential areas shall be discouraged, but where they are used, pedestrian crosswalks or bikeways between lots may be required in locations deemed necessary by the Land Use Board. No block within a residential area shall exceed 1,500 feet in length.
(3) 
Within commercial and industrial areas, block length shall be sufficient to meet area and yard requirements for such uses and to provide proper street access and circulation.
E. 
Buffering. Buffering shall be located around the perimeter of the site to minimize headlights of vehicles, noise, the glare of lighting, the blowing of debris, and the movement of people and vehicles and to shield activities from adjacent properties when necessary. Buffering and screening shall be required along the perimeter of all site plans unless waived by the Land Use Board. Buffers may also be required on the interior of the site plan to shield parking areas or other areas of possible nuisance. Buffering may consist of fencing, screening, landscaping and earthen berms or a combination thereof to achieve the design objectives.
(1) 
Buffer areas shall require site plan review and are required along all lot lines and street lines which separate a nonresidential use from either an existing residential use or residential zoning district. Buffer areas shall be developed in an aesthetic manner for the primary purpose of screening views and reducing noise, glare, blowing debris or other nuisances perception or effect beyond the lot. No structure, use, activity, storage of materials, or parking of vehicles shall be permitted within a buffer area.
(2) 
The standards for the location and design of buffer areas are intended to provide flexibility in order to provide effective buffers. The location and design of buffers shall consider the use of the portion of the property being screened, the distance between the use and the adjoining property line, differences in elevations, the type of buffer such as dense planting, exiting woods, a wall or fence, buffer height, buffer width, and other combinations of man-made and natural features. The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line, or the more intense the use; then the more effective the buffer area must be in obscuring light and vision, and reducing noise or other nuisances beyond the lot.
(3) 
All buffer areas shall be planted and maintained with either grass or groundcover together with a screen of live shrubs or scattered planting(s) of live trees, shrubs, or other plant material meeting the following criteria.
(a) 
The preservation of all natural wooded tracts shall be an integral part of all development plans and may be calculated as part of the required buffer area provided that the growth is of a density and the area has sufficient width to serve the purpose of a buffer. Where additional planting(s) are necessary to establish an appropriate tone for an effective buffer, said planting(s) shall conform to § 60-42BB;
(b) 
Plant materials used in screen planting shall be at least three feet in height when planted and be of such density as will obscure, throughout the full course of the year, the glare of vehicle headlights emitted from the premises;
(c) 
The screen planting shall be so placed that at maturity it will not be closer than three feet from any street or property line;
(d) 
Trees shall be at least eight feet in height and 2.5 inches in caliper when planted, free of disease and insect pests, and approved stocked as required by § 60-42BB;
(e) 
Any plant material which does not live shall be replaced within one year or one growing season;
(f) 
Screen planting(s) and landscaping shall be broken at points of vehicular and pedestrian ingress and egress to assure a clear sight triangle at all street and driveway intersections; and
(g) 
Wind breaks composed of appropriate natural screening should be considered in the prevailing wind direction to prevent windblown debris from leaving the site.
(4) 
Constructed screening shall consist of a masonry wall or barrier or a uniformly painted fence of one material highly resistant to weather conditions or decay and 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. Whenever a masonry wall is deemed appropriate and/or necessary, it shall set back one foot from any property line and shall not be located in any front yard area. This requirement shall not apply to a retaining wall as defined in § 60-4. Any proposed fence or wall shall compliment the structural type and design of the principal buildings. The use of fences with high transparency, like a chain link fence, shall not be considered as an adequate buffer unless complimented by appropriate landscaping. High fences or walls with little, if any, transparency shall only be considered in areas appropriate for screening.
(5) 
Whenever buffers are required, the Land Use Board may specify the use of landscaping techniques, such as terracing, and the creation of berms or mounds shall be encouraged as part of the landscaping plan and to accomplish adequate buffering and screening. Such berms shall be not less than five feet in height as measured from the grade of the adjoining road or land they are intended to screen. They shall be designed and constructed to blend with surface drainage plans for the property being developed and to not create surface runoff problems for adjoining properties. Berms, when required or proposed, shall be provided with a minimum four inches of topsoil, seeded and landscaped with trees and shrubs as set forth in Subsection E(4) above.
(6) 
The following special screening standards shall apply:
(a) 
No more than 10 automobiles, trucks or motor vehicles, whether or not they are in operating condition, shall be stored on any lot unless such motor vehicles are adequately screened from adjacent residential uses. This section shall not apply to vehicles which are in operating condition and/or which are maintained for agricultural purposes.
(b) 
Aboveground generating facilities, switching complexes, pumping and/or substations, or other electronic equipment cabinets shall be screened with vegetation from adjacent uses and streets in accordance with the provisions of this section.
(7) 
Agricultural buffer strips.
(a) 
Minor subdivisions and site plans shall show a buffer strip of 100 feet in width, and major subdivisions and site plans shall show a buffer strip of 200 feet in width, on all lots which are along any boundary with land that has been assessed, currently or within any of the three calendar years preceding the application, as qualified farmland under the New Jersey Farmland Assessment Act,[1] unless:
[Amended 12-8-2009 by Ord. No. 15-2009]
[1] 
Said subdivision lots are five acres or more in size and intended to be farmed; or
[2] 
Farmland assessment on the adjacent land has been terminated and rollback taxes have been imposed due to change of use of said adjacent land to a use other than agricultural or horticultural.
[1]
Editor's Note: See N.J.S.A. 54:4-23.1 et seq.
(b) 
Said buffer strip shall be restricted by deed and by final subdivision plat or site plan against construction of any buildings, structures or recreation facilities, such as a swimming pool or tennis court, other than fences, walls, drainage facilities, alternative energy generator facilities, and local wireless communications facilities, and against removal of any screen of trees or hedges, so long as the adjacent land is assessed or qualified as farmland under the New Jersey Farmland Assessment Act or is actively farmed should the Farmland Assessment Act be revoked or substantially modified.
[Amended 12-8-2009 by Ord. No. 15-2009; 9-22-2010 by Ord. No. 3-2010]
(c) 
In addition, the developer shall be required to plant a screen of trees, hedge or shrubbery, and/or may, at the sole discretion of the Land Use Board, be required to construct a fence within the agricultural buffer area along the boundary line with the adjacent property meeting the following specifications:
[1] 
The buffer fence, when required, shall be a four- to six-foot-high fence, installed one foot from the property line which abuts the farmland. The fence shall be installed by the applicant and/or developer. The Land Use Board shall determine the type of fence after considering the recommendations of its professionals as well as comments of the owners or farmers of the involved adjacent farmland. The Board may grant exceptions to this requirement as may be reasonable and within the general purpose and intent of the provisions of this section if literal enforcement of the requirement is impractical or will exact undue hardship because of peculiar conditions pertaining to the land involved.
[2] 
The screen planting or landscaping shall be planted and/or constructed in the case of mounds or berms in reasonable proximity to any fencing required as set forth in Subsection E(7)(c)[1] above. The plant material shall be of such a type and nature as to provide a visual and dust screen and must be at least six feet in height when properly planted. This screen planting requirement may be waived entirely or partially by the Land Use Board to the extent that a screen of trees or natural plant material already exists on either side of the boundary line between the nonagricultural land uses and the farmland. The Land Use Board shall determine the type of plant material to be used at the time of development approval and. shall take into consideration recommendations of its professionals as well as the owners or farmers of the adjacent farmland in making such determination.
[3] 
Removal of existing trees or natural vegetative cover shall only be permitted if said trees and/or natural vegetative cover was not approved as justifying a waiver or reduction in the agricultural buffer; or after submission of a landscaping plan justifying to the satisfaction of the Land Use Board why such removal is necessary and showing a proposed replanting of said area where such removal is proposed and which plan is approved by the Land Use Board and a performance and maintenance bond are posted to insure said plan's completion as required by Article VI.
[4] 
Said agricultural buffer when required shall remain in effect for as long as the adjoining property maintains its farmland certification, and if said certification is removed or revoked, then for a period of two years beyond the date that the farmland certification is revoked or removed from the adjoining property on the Township tax duplicate, provided that within said time period the certification is not made applicable again, in which case, said buffer requirement shall remain in full force and effect.
(8) 
In order to assure the preservation and maintenance of required buffer areas or screening, the Land Use Board may require specific deed restrictions, provision for maintenance of such areas by individual property owners or homeowners' associations, easements and other legal restrictions which will provide a means of preserving and maintaining the buffer area and/or screening required and permit the Township or other third parties to become involved in the event that a property owner or homeowners' association fails to comply with the provisions of any such legal restrictions.
F. 
Concrete structures.
(1) 
Concrete structures shall conform to the American Society for Testing Materials cement designations C-150, Type 1 for Standard Portland Cement; C-150, Type 3 for High Early Strength Portland Cement; and C-175, Type 1-A for air-entraining Portland Cement. Vinsol resin or Darex A.E.A. shall be used as the air-entraining agent and both fine and coarse aggregate shall conform to requirements therefor of the New Jersey Department of Transportation Standard Specifications, as amended and supplemented.
(2) 
The following standards shall be met unless modified by the Land Use Board:
(a) 
Unless otherwise specified, all concrete shall be air-entrained, having 4% to 7% entrained air.
(b) 
Concrete shall be Class A, B, C, or D.
(c) 
Required reinforcing steel shall be intermediate grade deformed bars conforming to American Society for Testing Materials designation A-15 and A-305, as amended and supplemented.
(d) 
Required joint filler shall be a cellular compression material conforming to the requirements therefor of the New Jersey Department of Transportation Standard Specifications, as amended and supplemented.
(e) 
In the construction of required concrete structures, the Township Engineer will determine the slump range within which the contractor may work. Transit mix concrete may be used if obtained from sources approved by the Township Engineer. On-site mixing and proportioning equipment will also be subject to the approval of the Township Engineer.
(f) 
Forms shall conform to lines, dimensions and grades shown on plans and may only be omitted when soil conditions and workmanship permit accurate excavation to specifications. Forms shall be firmly braced, tight and capable of resisting movement, bulging or mortar leakage. Forms shall be smooth and clear and shall be completely removed.
(g) 
Soil base for concrete work shall be properly finished to prescribed lines, grades and dimensions and shall be approved by the Township Engineer or his representative before concrete is placed. All areas to receive concrete shall be free of frost, foreign matter and excessive damp when concrete is placed. All concrete shall be handled and placed so as to avoid segregation. Concrete that has begun to set or has been contaminated with foreign materials or that has too much water shall not be used. Pouring shall be done in a continuous process until an individual section is complete. All concrete shall be thoroughly compacted with vibrator or other suitable equipment. Finished concrete shall have a wood-float finish unless specified otherwise by the Township Engineer and shall be kept continuously moist for a period of three days. Curing shall be accomplished at the direction of the Township Engineer. Expansion joints shall be provided as prescribed and shall extend the full thickness of the concrete. Concrete shall not be poured when the temperature is below 40° F. or during periods of precipitation, unless precautions acceptable to the Township Engineer have been taken to prevent damage to the work. Precautions to avoid freezing of the concrete shall be in accordance with the current recommendations of the American Concrete Institute.
G. 
Curbs and gutters. Residential developments shall comply with the curb and gutter requirements of the Residential Site Improvement Standards (RSIS), with the additional requirement that, pursuant to N.J.A.C. 5:21-4.3(c) and (e), the Township hereby requires that all residential access and residential neighborhood street types (and also special purpose street types if and when the construction of special purpose street types is authorized and approved by the Planning Board) must be constructed with the mountable concrete curb type depicted in Figure 4.1 (two of six) (as referenced in N.J.A.C. 5:21-4.17) within the right-of-way areas along both edges of, and in addition to, the paved street cartway for purposes of stormwater management and road stabilization. In all developments to which the RSIS are not applicable, all curbs and gutters that are required under this chapter shall be constructed in a manner approved by the Planning Board. If concrete, the curbs and gutters for such non-RSIS developments shall meet the following specifications:
[Amended 12-8-2009 by Ord. No. 15-2009]
(1) 
The concrete to be used for curbs and gutters shall be Class B concrete as specified in the New Jersey State Highway Specifications for Curbs and Gutters.
(2) 
Expansion joints shall be provided at intervals of 20 feet.
(3) 
Concrete curbs shall be eight inches wide at their base and not less than six inches wide above the roadway pavement. The rear top corner of this curb shall have a radius of 1/4 inch, and the front top corner shall have a radius of 1 1/2 inches.
(4) 
Combination curbs and gutters shall be constructed on a base of sand or other similar pervious material, six inches in depth and extending 12 inches beyond the rear face of the curb and 12 inches beyond the face of the curb. The total width of the curb and gutter shall be 30 inches. The dimensions of the particular parts of the combined curb and gutter shall be as follows:
(a) 
The top of the curb shall be six inches in width.
(b) 
The rear of the curb shall be 12 inches in height.
(c) 
The width of the curb at the gutter elevation shall be seven inches.
(d) 
The height of the curb face at the gutter shall be six inches, and the depth of the gutter at the street face shall also be six inches.
(e) 
All exposed edges shall be rounded with radius of 3/4 inch to one inch.
(5) 
Openings for driveway access shall be in such width as shall be determined by the Township Engineer, but in no case more than 15 feet at the edge of the pavement. The curb at such driveway openings shall be depressed to the extent that 1 1/2 inches extend above the finished pavement. The rear top corner of the curb shall have a radius of 1/4 inch and the front top corner shall have a radius of 1 1/2 inches.
(6) 
All work shall be inspected through the course of construction by the Township Engineer or his duly authorized representative pursuant to § 60-45.
H. 
Development name. In order to prevent confusion or uncertainty for the fast and efficient location of an address within the community, the proposed name of any development shall not duplicate, or too closely approximate, the name of any other development in the Township or within close proximity to it which shall include within any adjoining municipality. Nor shall a proposed name of a development include the name of another municipality adjoining or within a reasonable distance from the Township of Pittsgrove. The Land Use Board shall have the final authority to designate the name of proposed development to assure compliance with this requirement, and said name shall be determined at the preliminary stage of development review. This subsection shall not apply to any established development which is within the Township.
I. 
Energy conservation.
(1) 
Whenever and wherever feasible, buildings shall be sited so as to make maximum use of sunlight or winds in connection with energy generation and/or conservation. All buildings and structures hereinafter erected or constructed, altered or added onto shall use renewable energy sources, within the limits of practicability and feasibility depending on the proposed use of the structure and its location. Where an applicant can reasonably demonstrate that literal enforcement of the provisions of this chapter will prevent or substantially impair or reduce energy conservation methods or technologies, the Land Use Board may waive or adjust said standards, including, through variance procedure as set forth in § 60-23, maximum and minimum yard dimensions as shown on the Schedule of Zoning District Regulations.[2] In so doing, the Land Use Board shall determine that the intent and purpose of this chapter and the adopted Master Plan are met, and that adjoining properties and/or their environment will not be adversely affected by the waiver or adjustment.
[2]
Editor's Note: Said schedule is included at the end of this chapter.
(2) 
In the case of new developments, the majority of all structures in said development shall have their short axis located within 30° of true south.
(3) 
Wherever landscaping is proposed or required as provided under the provisions of this chapter, no planting of trees, shrubs or any object shall be permitted which will result in shading or interfering with solar access to the south wall of any proposed building. When reviewing proposed landscaping for any proposed development, the Land Use Board shall not require or permit, where reasonably able to do so, any planting or object which will substantially interfere with solar access to adjacent buildings or existing solar energy devices or structures.
J. 
Fire protection.
(1) 
All dead-end roads shall terminate in a manner which provides safe and sufficient entry and exit for fire equipment.
(2) 
The rights-of-way of all roads in wooded areas shall be maintained so that they provide an effective fire break.
(3) 
All proposed developments of 25 units or more will have two accessways to public rights-of-way and said accessways shall be of such width and surface composition sufficient to accommodate and support fire-fighting equipment.
(4) 
Wherever a central water supply system will serve a development, provision shall be made for fire hydrants along the streets and/or on the walls of nonresidential structures as approved by the appropriate fire district or other appropriate fire official, the Township Engineer and in accordance with Fire Insurance Rating Organization Standards.
(5) 
Driveways.
(a) 
Whenever a dwelling or structure is proposed to be located on a property more than 100 feet from the adjoining street right-of-way, the owner of said property and dwelling or structure shall provide a minimum driveway width of 20 feet for the initial 100 feet of length and a remaining minimum driveway width of 15 feet. All trees shall be trimmed to a minimum height of 15 feet across the driveway area for vertical clearing space for the driveway's entire length. The driveway shall at a minimum be constructed of crushed stone or dense-graded aggregate. The driveway shall have a loop or "k" turnaround located within 100 feet of the dwelling.
[Amended 12-8-2009 by Ord. No. 15-2009]
(b) 
At the discretion of the applicant and with the consent of the Land Use Board, the applicant may install a fifteen-foot-wide improved driveway as required above, and install thereunder a dry standpipe system using six-inch diameter NFT pipe made of PVC with connections at both ends, which ends shall be protected by concrete or metal pilaster. Said pipe is to be installed at 30° at grade and below frost level. Said dry line is to start between 75 and 100 feet from the center of the adjoining road to the property and is to run to a point not less than 100 feet of the dwelling along the driveway. Said dry water line is to be installed to the specifications to all applicable codes and be subject to review by the local fire department.
(c) 
If such dry line is installed in the reduced-sized driveway as provided above, the property owner shall be required to provide a deed restriction which shall require the owner of said property and dwelling or structure to maintain said driveway and, if appropriate, the dry water line. Said deed restriction shall further provide the property owner at his/her own expense, to undertake a yearly inspection and testing of said dry water line by a certified professional who shall prepare a report on the line for submission to the local fire chief. Said deed restriction shall further make the property owner responsible for any repairs to the driveway or dry line as found necessary by the noted testing and inspection. A certificate of test approval must be filed with the Land Use Board and respective local fire company annually.
(d) 
The property owner shall post a performance guaranty to assure the required driveway improvements and dry line are installed prior to the granting of approval of the development or issuance of a construction permit. If installed, said line shall be deemed to be private and the property owner shall assume all liability for its maintenance and upkeep as required herein.
K. 
Fish and wildlife.
(1) 
No development shall be carried out in the Township unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered animal species designated by the New Jersey Department of Environmental Protection and Energy pursuant to N.J.S.A. 23:2A-1 et seq.
(2) 
All development or other authorized activity shall be carried out in a manner which avoids disturbance of fish and wildlife habitats that are essential to the continued nesting, breeding and feeding of significant populations of fish and wildlife in identified critical areas.
L. 
Historic resource preservation.
(1) 
A cultural resource survey shall accompany all applications for major development involving 10 or more dwelling units or 10 or more acres of land in order to determine whether any significant historic resources exist on the parcel. In general, the survey shall include: a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the project's potential environmental impacts; a thorough search of state, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and vocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys, archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance, adequate recording of the information gained and methodologies and sources used, and a list of personnel involved and qualifications of the person(s) performing the survey. The requirement of preparing a cultural resource survey may be required of major developments involving less than 10 dwelling units or 10 acres if the Land Use Board so determines or has knowledge that there is a cultural resource located on the property involved or if the application requires an environmental impact statement.
(a) 
This requirement for a survey may be waived by the Land Use Board if:
[1] 
There is insufficient evidence of significant cultural activity on the project site or, in the case of archaeological resources, within the vicinity;
[2] 
The evidence of cultural activity on the site lacks the potential for importance because further recording of the available data will not contribute to a more comprehensive understanding of area's culture; or
[3] 
The evidence of cultural activity lacks any potential for significance pursuant to the standards of Subsection L(1)(b) below.
(b) 
A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling, and association which reflects its significance in American history, architecture, archaeology or culture under one or more of the following criteria:
[1] 
The presence of structures, sites or areas associated with events of significance to the cultural, political, economic or social history of the nation, state, local community;
[2] 
The presence of structures, sites or areas associated with the lives of persons or institutions of significance to the cultural, political, economic or social history of the nation, state, local community;
[3] 
The presence of structures that represent the work of a master, or that possess high artistic values, or that embody the distinctive characteristics of a type, period or method of construction, or that represent a distinguishable entity of significance to the architectural, cultural, political, economic or social history of the nation, state, local community, although its components may lack individual distinction; or
[4] 
The presence of a site or area which has yielded or is likely to yield significant information regarding the history or archaeological history of the Township.
(2) 
The following information will be required to document resources which are not found to be significant but which are otherwise found to present graphic evidence of a cultural activity.
(a) 
A narrative description of the resource and its cultural environment;
(b) 
Photographic documentation to record the exterior appearance of buildings, structures, and engineering resources;
(c) 
A site plan depicting in correct scale the location of all buildings, structures, and engineering resources; and
(d) 
A New Jersey State inventory form as published by the New Jersey Department of Environmental Protection for buildings and a narrative description of any process or technology if necessary to elaborate upon the photographic record.
(3) 
If archaeological data is discovered on a site at any time after construction has been commenced, the applicant or his/her duly authorized agent shall notify the Land Use Board and take all reasonable steps to protect the archaeological data in accordance with the "Guidelines for the Recovery of Scientific Prehistoric, Historic and Archaeological Data: Procedures for Notification, Reporting, and Data Recovery" (36 C.F.R. 66).
(4) 
Whenever a site is found to have an historic and/or archaeological site or structure upon it, then any site plan for the proposed development shall take into account said historic site or structure and to the fullest extent possible, preserve and protect said site or structure.
(5) 
If a proposed development is located adjacent or within 300 feet of an historic structure or site as recognized on the State or National Register of Historic Sites, then the design of the proposed development shall be such as to blend with the historic structure or site and to cause minimal impact on said structure or site. The Land Use Board shall require that the intensity of use on adjoining properties to a historic site or structure be such as to not cause detriment or damage to the historic site or structure; and to minimize any adverse impacts from noise, traffic, glare, or other design characteristics which would impact adversely on the historic site or structure. This may require buffers and/or screening, design techniques intended to blend the proposed development with its historic neighboring structure, reducing nuisances or activities which might harm or otherwise cause problems for the historic structure or site and the utilization of other design or performance standards as contained in this section to an extent necessary to preserve and protect the historic site and/or structure.
M. 
Homeowners' association. A homeowners' association may, or in some cases, shall be required to be established for the purpose of owning and assuming maintenance responsibilities for the common lands and property designated within a development, provided the Land Use Board is satisfied that the organization will have a sufficient number of members to reasonably expect a perpetuation of the organization in a manner enabling it to meet its obligations and responsibilities in owning and maintaining any property for the benefit of owners or residents of the development. If established, the organization shall incorporate the following provisions:
(1) 
Membership by all property owners, condominium owners, stockholders under a cooperative development and other owners of property or interests in the project shall be mandatory. Required membership and the responsibilities upon the members shall be in writing between the organization and each member in the form of a covenant with each agreeing to liability for his pro rata share of the organization's costs.
(2) 
The organization shall be responsible for liability insurance, taxes, maintenance and any other obligations assumed by the organization, and shall hold the municipality harmless from any liability. The organization shall not be dissolved and shall not dispose of any open space or property by sale or otherwise, except to an organization conceived and established to own and maintain the open space or property for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to the Township or municipalities wherein the land is located.
(3) 
The assessment levied by the organization upon each member may become a lien on each member's property. The organization shall be allowed to adjust the assessment to meet changing needs.
(4) 
The organization shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of the covenant, model deeds, and articles of incorporation of the organization and the fact that every tenant and property owner shall have the right to use all common properties. These shall be set forth as a condition of approval and shall be submitted prior to the granting of final approval by the Land Use Board.
(5) 
Maintenance of common open space or property.
(a) 
The articles of incorporation, covenants, bylaws, model deeds, and other legal instruments shall insure that control of the organization shall be transferred to the members based on a percentage of the development's units sold and/or occupied and shall clearly indicate that in the event such organization shall fail to maintain the common open space or common property or lands in reasonable order and condition, the Township may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the common open space or common property or lands in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 15 days thereof, and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the designated Township body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be cured.
(b) 
If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within 15 days or any permitted extension thereof, the Township, in order to preserve the common open space and common property or land and maintain the same for period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the common open space and common property and land except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space and common property or land, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Township at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the Township, continue for a succeeding year.
(c) 
If the Township shall determine that such organization is ready and able to maintain said open space and property or land in reasonable condition, the Township shall cease to maintain said open space and property or lands at the end of said year. If the municipality shall determine such organization is not ready and able to maintain said open space and property or land in reasonable condition, the Township may, in its discretion, continue to maintain said open space and property or land during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township in any such case shall constitute a final administrative decision subject to judicial review.
(6) 
The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open space and property or land in accordance with assessed values at the time of imposition of the lien, and shall become a lien and tax on said properties and be added to and be part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.
N. 
Industrial use standards.
(1) 
Information. In addition to the other information required for site plan review involving an industrial use or when required by the Land Use Board due to the nature, operation, or output of a commercial use involving a manufacturing or industrial process, the applicant shall submit a detailed description of the proposed industrial facilities and the materials or processes, products or by-products involved. Specific information shall be included concerning the potential impacts and the proposed control strategies with respect to the following:
(a) 
Emissions into the atmosphere, including smoke, gases, particles and fumes or odors.
(b) 
Production of noise or vibration.
(c) 
Production of glare or heat.
(d) 
Discharge or disposal of liquid or solid waste.
(e) 
Handling and storage of flammable, volatile, radioactive or otherwise hazardous materials.
(2) 
Standards of performance. No use shall be permitted within the Township which does not conform to the following standards of use, occupancy and operation. The following standards are the minimum requirements to be maintained in the Township.
(a) 
Noise.
[1] 
For zoning districts other than industrial, there shall be no noise measured along the property line on which the use is located which shall exceed the values given in the following table:
Frequency Band
(cycles per second)
Average
Sound-Pressure Level
(decibels)*
0 to 75
65
75 to 150
50
150 to 300
44
300 to 600
38
600 to 1,200
35
1,200 to 2,400
32
2,400 to 4,800
29
4,800 and above
26
*NOTE: Reference 0.0002 dynes-square centimeter.
[2] 
For industrial zoning districts, there shall be no noise measure along the property line on which the use is located which shall exceed the values given on the following table:
Frequency Band
(cycles per second)
Average
Sound-Pressure Level
(decibels)*
0 to 75
90
75 to 150
82
150 to 300
74
300 to 600
68
600 to 1,200
66
1,200 to 2,400
62
2,400 to 4,800
59
4,800 and above
56
*NOTE: Reference 0.0002 dynes-square centimeter.
(b) 
Dust and vapors.
[1] 
No emission which can cause any detrimental effect to human beings, animals, vegetation or property or which can cause noticeable soiling at any point shall be permitted.
[2] 
No emission of liquid or solid particles from any chimney or otherwise shall exceed 0.3 grain per cubic foot of the covering gas at any point. For measurement of the amount of particles in gases resulting from combustion, standard collection shall be applied to a stack temperature of 500° F. and 50% excess air.
(c) 
Smoke.
[1] 
No smoke shall be emitted from any chimney or other source visible gray greater than No. 1 on the Ringelmann Smoke Chart as published by the United States Bureau of Mines.
[2] 
Smoke of a shade not darker than No. 2 on the Ringelmann Smoke Chart may be emitted for no more than four minutes in any 30 minutes.
[3] 
These provisions, applicable to visible gray smoke, shall also apply to visible smoke of a different color but with an equivalent apparent opacity.
(d) 
Odor. No emission of odorous gases or other odorous matter shall be permitted which is offensive at any lot boundary line. Any process which may involve the creation or emission of any odors shall provide a secondary safety system so that control will be maintained if the primary safeguard system should fail.
(e) 
Glare or heat. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence or earthen berm in such manner as to be completely imperceptible from any point along the lot lines.
(f) 
Vibration. No vibration which is discernible to the human sense of feeling shall be perceptible without instrument at any point beyond the lot line. Vibration which is not discernible to human sense but which is at low or high frequencies capable of causing discomfort or damage to life or property is prohibited beyond the property line and must be monitored and controlled within the property line to meet the standards of the Occupational Safety and Health Administration.
(g) 
Toxic or noxious matter. No use shall, for any period of time, discharge any toxic or noxious matter in such concentration as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property, business, marine life or wildlife.
(h) 
Electrical disturbance. No activities shall be permitted (except domestic household appliance use) which produces electromagnetic interference in excess of standards prescribed by the Federal Communications Commission.
(i) 
Fire and explosion hazards. No industrial use shall be permitted which will create an explosion or fire hazard to an adjacent use as determined by the New Jersey Inspection Bureau or the New Jersey Fire Safety Code.[3] Any industrial operation which requires the use of flammable materials shall enclose such materials in noncombustible walls and shall provide an adequate buffer area to prevent damage to adjacent property in case of an accident.
[3]
Editor's Note: See Ch. 45, Art. I, Enforcement of Uniform Fire Safety Act.
(j) 
Outdoor storage.
[1] 
Toxic waste, gas or solid, shall be stored outside of the structure in which it will be used unless it is stored on a surface impervious to the toxic waste and a suitable collection system is provided for any spillage or leaks. In no case shall the toxic waste containment be located directly on the earth or paved area.
[2] 
Flammable or explosive liquids, solids or gases shall be stored underground except for tanks or drums of fuel directly connected with energy or heating devices.
[3] 
All outdoor storage facilities for fuel, raw materials and products shall be enclosed by a fence adequate to conceal the facilities from any adjacent properties.
[4] 
No materials shall be deposited upon a lot in such form or manner that may be transferred off the lot by natural causes or forces.
[5] 
All materials and wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be enclosed in containers.
O. 
Lighting. With exception of one- and two-dwelling development, all new development shall provide adequate lighting for site safety and security. All site plan applications shall include plans for proposed exterior lighting. These plans shall include the location, type of light, radius of light and intensity of footcandles. To this extent the following standards shall apply:
(1) 
All area lighting shall provide translucent fixtures with shields around the light source. The light intensity provided at ground level shall have a minimum of 0.5 footcandle over all parking and pedestrian walkway areas. Light intensity at residential property lines shall not exceed 0.1 footcandle. For each fixture and lighted sign, the total quantity of light radiated above a horizontal plane passing through the light source shall not exceed 7.5% of the total quantity of light emitted from the light source. All lights shall be properly shielded to restrict the maximum apex of illumination to 150° and to prevent glare or illumination on adjacent land uses.
(2) 
Any other outdoor lighting shall be shown on the site plan in sufficient detail to allow determination of the effects at the property line and on nearby streets, driveways, residences and overhead sky glow. No lighting shall shine directly or reflect into windows, or onto streets and driveways in such a manner as to interfere with driver vision. No lighting shall be of a yellow, red, green or blue beam, nor be of a rotating, pulsating, beam or other intermittent frequency. The intensity of such light source, light shielding, the direction and reflection of the lighting and similar characteristics shall be subject to site plan approval by the Land Use Board. The objective of these specifications is to minimize undesirable off-site effects.
(3) 
The style of lighting fixtures and their standards shall be consistent with the architectural style of the principal building. The height of lighting shall be in scale with the height of the principal building and shall not exceed 35 feet.
(4) 
Lighting shall be located along streets, parking areas and at all intersections. In addition, all building entrances and exits shall be lighted, and all sidewalks shall have low or mushroom-type structures. Freestanding lights shall be located and designed so as not be easily damaged by vehicles or to be a roadside safety hazard.
(5) 
Spotlight fixtures attached to buildings shall not be permitted except for security purposes in the rear of buildings. When permitted in residential areas, they shall not be directed at adjoining residential dwellings so as to cause glare or light to exceed the standards for lighting as contained herein.
P. 
Lots. In accordance with good design practices, extreme deviations from rectangular lot shapes and straight lot lines shall not be allowed unless made necessary by special topographical conditions or other special conditions found acceptable to the Land Use Board. All lots shall conform to the following requirements:
(1) 
Lot dimensions and area shall not be less than the requirements of the Schedule of Zoning District Regulations.[4]
[4]
Editor's Note: Said schedule is included at the end of this chapter.
(2) 
Insofar as is practical, side lot lines shall be either at right angles to straight streets or radial to curved streets.
(3) 
Each lot must have lot frontage (as defined in this chapter) along at least one street which conforms to the requirements of N.J.S.A. 40:55D-35.
[Amended 12-8-2009 by Ord. No. 15-2009]
(4) 
Through lots with frontage on two streets will be permitted only under the following conditions:
(a) 
Where the length of the lot between both streets is such that future division of the lot into two lots is improbable; and
(b) 
Access shall be to the street with the lower traffic function and the portion of the lot abutting the other street shall be clearly labeled on the plat, and in any deed, that street access is strictly limited to the street with the lower traffic function.
(5) 
Where extra width has either been dedicated or anticipated for widening of existing streets, zoning consideration shall begin at such new street line and all setbacks shall be measured from such line.
(6) 
Whenever land has been dedicated or conveyed to the Township by the owner of a lot in order to meet the minimum street width requirements or to implement the Official Map or Master Plan, and which lot existed at the effective date of this chapter, the Zoning Officer or Construction Official shall not withhold a building and/or occupancy permit when the lot depth and/or area was rendered substandard due to such dedication and where the owner has no adjacent lands to meet the minimum requirements.
(7) 
Every new development proposing to use less than all of the property involved shall be required to provide a general or schematic plan. Said plan shall provide for access to rear portions of the lot, and said access shall not be less than 50 feet in width. In the case of commercial or industrial land uses the site plan shall show how the entire lot may ultimately be developed and that there will be orderly development of the phases or stages said development may take.
[Amended 12-8-2009 by Ord. No. 15-2009]
(a) 
The Land Use Board shall require that:
[1] 
Access is sufficient for all portions of the site;
[2] 
Provision is made for connection to adjoining properties or proposed new streets;
[3] 
Reserve parcels will be sufficient to accommodate permitted land use activities;
[4] 
Upon ultimate build out of the entire tract the various lots and their land use activities work in a harmonious, orderly manner and that to the greatest extent possible there will or is shared use of access, improvements and amenities so that the entire tract is developed as a cohesive whole; and
[5] 
Provision is made for interconnection with adjoining properties' development(s), to the greatest extent possible share use of access, improvements and amenities is considered for adjoining commercial and/or industrial activities, and compatibility of layout, landscaping, screening, buffering, and other improvements between developments on adjoining properties.
(b) 
The final site plan for a development subject to the provisions of this subsection shall include reservation of access and at the discretion of the Land Use Board a showing of such reasonable specific future land use layout deemed necessary to assure that the overall future development of the original tract of land will not be compromised without reconsideration and review by the Land Use Board.
(8) 
For proper development of the land within the Township, lots in all major subdivisions shall have an average depth no greater than 250% of the average width, except where the width exceeds three times the zoning requirement.
(9) 
Where development on a lot is proposed at a distance of 300 feet or more from the adjoining road right-of-way, the driveway to be installed shall conform to § 60-42J(5).
(10) 
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 where permeation tests or test borings show the ground conditions to be inadequate for proper on-lot sewage treatment, the Land Use Board may, after adequate investigation, withhold approval of such lots. If approval is withheld, the Land Use Board shall specify the reasons for such denial in the minutes.
Q. 
Manholes, inlets and catch basins. Residential developments shall comply with the provisions of the Residential Site Improvement Standards. In all other developments, whenever manholes, inlets or catch basins are proposed and/or required to be constructed they shall be constructed according to the New Jersey Department of Transportation Standards for Road and Bridge Construction, most recent edition, and the New Jersey Department of Transportation Standard Detail Drawings for size and type of structure(s) proposed. Where applicable and conditions warrant or where deemed necessary by the Land Use Board, all such facilities shall meet the requirements of § 60-42FF.
R. 
Monuments. Monuments shall be the size and shape required by N.J.S.A. 46:23-9.12 of the Map Filing Law, as amended, and shall be placed in accordance with said statute and indicated on the final plat. All lot corners shall be marked with a metal alloy pin of permanent character.
S. 
Off-site and off-tract improvements. As a condition of preliminary approval and prior to any construction or filing of an application for final approval of a subdivision or site plan, the applicant shall have made cash payments or, with the consent of the Township Committee, installed, in the manner provided below, with respect to the immediate or ultimate installation of any required off-site and/or off-tract improvements:
(1) 
Allocation of costs; criteria in determining allocation. The allocation of costs for off-site and/or off-tract improvements, as between the applicant, other property owners, and the Township or any one or more of the foregoing, shall be determined by the Land Use Board, with the assistance of the appropriate Township agencies, on the basis of the total cost of the off-tract improvements, the increase in market values of the property affected and any other benefits conferred and the needs created by the application, population and land use projections for the general area of the applicant's property and other areas to be served by the off-site or off-tract improvement, the estimated time of construction of the off-site or off-tract improvements and the condition and periods of usefulness, which periods may be based upon the criteria of N.J.S.A. 40A:2-22. Requirements for off-site and/or off-tract improvements shall be consistent with N.J.S.A. 40:55D-42. In addition, the following criteria may also be considered, as well as any other reasonable criteria the Land Use Board deems is necessary to protect the health, safety and general welfare of the Township:
(a) 
Streets, curbs, sidewalks, shade trees, streetlights, street signs and traffic light improvements may also be based upon the anticipated increase of traffic generated by the application. In determining such traffic increase, the Land Use Board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and other factors related to the need created by the application and the anticipated benefits thereto.
(b) 
Drainage facilities may also be based upon or be determined by the drainage created by or affected by a particular land use, considering:
[1] 
The percentage relationship between the acreage of the application and the acreage of the total drainage basin.
[2] 
The use of a particular site and the amount of area to be covered by impervious surfaces on the site itself.
[3] 
The use, condition and status of the remaining area in the drainage basin.
(c) 
Water supply and distribution facilities may be also based upon the added facilities required by the total anticipated water use requirements of the property of the applicant and other properties in the general area benefiting therefrom.
(d) 
Sewerage facilities may be based upon the proportion that the total anticipated volume of sewage effluent of the applicant's property and other properties connected to the new facility bears to the existing capacity of existing sewerage facilities, including but not limited to, lines and other appurtenances leading to and servicing the applicant's property. Consideration may also be given to the types of effluent and particular problems requiring special equipment and added costs for treatment. In the event that the applicant's property shall be permitted to be connected to existing sewer facilities, the applicant shall pay a charge or be assessed in accordance with law.
(2) 
Determination of cost of improvements. The costs of installation of required off-site and/or off-tract improvements shall be determined by the Land Use Board with the advice of the Township Committee and/or Township Engineer and appropriate Township or other agencies involved.
(3) 
Manner of construction. When those estimates are received, the Township Committee shall then decide whether the off-site or off-tract improvement is to be constructed by:
(a) 
The Township as a general improvement;
(b) 
The Township as a local improvement; or
(c) 
The applicant under a formula providing for partial reimbursement by the Township for benefits to properties other than the subdivision or site plan project involved in the application.
(4) 
Amount of contribution. When the manner of construction has been determined, the applicant may be required to provide a cash deposit to the Township of one of the following amounts:
(a) 
If the improvement is to be constructed by the Township as a general improvement, an amount equal to the difference between the estimated cost of the improvement and the estimated total amount, if less, by which all properties to be serviced thereby, including the subject property, will be specifically benefited by the off-site or off-tract improvement.
(b) 
If the improvement is to be constructed by the Township as a local improvement, then, in addition to the amount referred to in § 60-42S(4)(a) above, the estimated amount by which the subject property will be specifically benefited by the off-tract improvement.
(c) 
If the improvement is to be constructed by the applicant, an amount equal to the estimated cost of the off-site or off-tract improvement, less an offset for benefits to properties other than the subject property.
(5) 
Payment of allocated costs.
(a) 
The estimated costs of the off-site or off-tract improvement allocated to the applicant, if deposited in cash, shall be paid by the applicant to the Township Chief Financial Officer, who shall provide a suitable depository therefor, and such funds shall be used only for the off-site or off-tract improvement for which they are deposited or improvements serving the same purpose, unless such improvements are not initiated by the Township within a period of 10 years from the date of payment, after which time said funds so deposited shall be returned, together with accumulated interest or other income thereon, if any.
(b) 
In the event that the payment by the applicant to the Township Chief Financial Officer provided for herein is less than its share of the actual cost of the off-site or off-tract improvement, then it shall be required to pay its appropriate share of the cost thereof.
(c) 
In the event that the payment by the applicant to the Township Chief Financial Officer provided for above is more than its appropriate share of the actual cost of installation of the off-site or off-tract improvement, it or its successor or assigns shall be repaid an amount equal to the difference between the deposit and its share of the actual cost.
(d) 
If the applicant shall deem that any of the amounts so estimated by the Land Use Board are unreasonable, it may challenge them and seek to have them revised in appropriate proceedings brought to compel subdivision or site plan approval.
(e) 
If the applicant and the Land Use Board cannot agree with respect to the applicant's appropriate share of the actual cost of the off-site or off-tract improvement or the determination made by the officer or board charged with the duty of making assessments as to special benefits, if the off-site or off-tract improvement is to be constructed as a local improvement, no approval shall be granted; provided, however, that the applicant may challenge each determination and seek to have it revised in appropriate judicial proceedings in order to compel subdivision or site plan approval.
(6) 
Assessment of properties. Upon receipt from the applicant of its allocated share of the costs of the off-site or off-tract improvements, the Township may adopt a local improvement assessment ordinance for the purpose of construction and installation of the off-site or off-tract improvements based upon the actual cost thereof. Any portion of the cost of the improvements not defrayed by a deposit by the applicant may be assessed against benefiting property owners by the Township. Any assessments for benefits conferred made against the applicant or its successors in interest shall be first offset by a pro rata share credit or the allocated costs previously deposited with the Township Chief Financial Officer pertaining thereto. The applicant or its successors in interest shall not be liable for any part of an assessment for such improvements unless the assessment exceeds the pro rata share credit for the deposit, and then only to the extent of the deficiency.
(7) 
Credit for work performed. In the event that the applicant, with the Township's consent, decides to install and construct the off-site or off-tract improvement or any portion thereof, the certified cost shall be treated as a credit against any future assessment for that particular off-site or off-tract improvement or portion thereof constructed by the Township in the same manner as if the developer had deposited its apportioned cost with the Township Chief Financial Officer, as provided herein.
(8) 
Installation of improvements by applicant.
(a) 
At the discretion and option of the Township and with the consent of the applicant, the Township may enter into a contract with the applicant providing for the installation and construction of off-site or off-tract improvements by the applicant upon contribution by the Township of the remaining unallocated portion of the cost of the off-site or off-tract improvement. Whenever the Township shall enter into such an agreement with an applicant, said applicant shall provide proof of compliance with all laws and/or regulations which would be binding on the Township if it were to be undertaking said development, such as but not limited to, the Public Contracts Law,[5] payment of prevailing wage, the Equal Opportunities Employment Act, Americans with Disabilities Act, and any other requirement being in effect at time of construction.
[5]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
(b) 
In the event that the Township so elects to contribute to the cost and expense of installation of the off-site or off-tract improvements by the applicant, the portion contributed by the Township shall be subject to possible certification and assessment as a local improvement against benefiting property owners in the manner provided by law, if applicable.
(9) 
Compliance to design criteria. Should the applicant and the Township enter into a contract for the construction and erection of the off-site or off-tract improvements to be done by the applicant, said contract shall observe all requirements and principals of this chapter in the design of such improvements.
T. 
Off-street parking and loading design standards. The following shall apply to all off-street loading and parking facilities as required by §§ 60-79 and 60-80:
(1) 
There shall be appropriate means of access to a street or alley, as well as sufficient area to permit on-site maneuvering and docking. Off-street loading and parking spaces and maneuvering areas shall be surfaced with a dustless, durable, all-weather pavement, which shall be adequately drained, all subject to the approval of the Township Engineer.
(2) 
The minimum dimensions of stalls and aisles in parking facilities shall be as follows:
(a) 
Parking space width shall be at least nine feet.
(b) 
Parking space depth shall be at least 18 feet, with said dimensions measured on the angle for all angle parking. Parallel parking spaces shall be a minimum of 22 feet in length.
(c) 
Minimum width of aisles providing access to stalls for two-way traffic shall be 25 feet.
(d) 
Minimum width of aisles providing access to parking spaces for one-way traffic only, varying with the angle of parking, shall be:
Angle of Parking
(degrees)
Minimum Aisle Width
(feet)
Parallel
12
More than 30, but less than 45
13
45
14
60 or less, but greater than 45
18
90 or less, but greater than 60
25
(3) 
Parking and loading areas shall be designed to permit each motor vehicle to proceed to and from the parking space or loading area provided for it without requiring the moving of any other vehicle. In addition, parking spaces within any parking areas shall be designed to provide physical barriers to prevent vehicles parked therein to touch an adjoining building, structure or planted area or to overhang or protrude into planted areas or pedestrian walkways.
(4) 
The width of entrance and exit drives shall be:
(a) 
A minimum of 12 feet for one-way use only.
(b) 
A minimum of 20 feet for two-way use.
(c) 
A maximum of 35 feet at the street line and 54 feet at the curbline.
(5) 
The maximum width of driveways and sidewalk openings measured at the street lot line shall be 35 feet, and the minimum width shall be 20 feet for loading facilities. In the case of handicapped parking spaces, adequate provision shall be made for access from said handicapped space to the facility it serves without impediments or barriers related to landscaping, buffering, site design or fixture placement.
(6) 
For the purpose of servicing any property held under single and separate ownership, entrance and exit drives crossing the street line shall be limited to two along the frontage of any single street, and their center lines shall be spaced at least 80 feet apart in the case of loading facilities and 30 feet apart for parking areas. On all corner properties, there shall be spaced a minimum of 60 feet, measured at the curbline, between the center line of any entrance or exit drive and the street line of the street parallel to said access drive.
(7) 
All loading spaces and access drives shall be at least five feet from any side or rear lot line.
(8) 
All artificial lighting used to illuminate any loading space or spaces shall be so arranged that no direct rays from such lighting shall fall upon any neighboring properties.
(9) 
The arrangement of off-street loading spaces shall be such that no vehicle would have occasion to back out into the street.
(10) 
Off-street loading spaces shall be designed and used in such a manner as to at no time constitute a nuisance or hazard or unreasonable impediment to traffic.
(11) 
The screening requirements of § 60-42E shall be applicable to all loading areas, including access and maneuvering areas, abutting residential or commercial zoning districts, and in the case of off-street parking areas of greater than 10 spaces, from all lots in an abutting residential zoning district, including side lots located across a street.
(12) 
Parking areas shall not be located in the required side or rear yards nor closer than 10 feet to the street's proposed right-of-way line in the front yard. This requirement shall be maintained to permit adequate buffering of the parking area.
(13) 
All parking areas shall be suitably landscaped and buffered from adjacent land uses. At least 5% of the parking area shall be landscaped, along walkways, center islands and at the end of bays, to break up the amount of impervious surfaces. This landscaping requirement shall be in addition to the buffering provisions of § 60-42E. All double-loaded parking bays with more than 20 total parking spaces shall provide a park strip at least 10 feet in width between aisles. The park strip shall be suitably landscaped and shall include a four-foot sidewalk except if exclusive walkways are provided elsewhere on-site.
(14) 
All off-street loading and parking spaces shall be improved with a hard surface pavement such as paver blocks, macadam or cement. Where appropriate based on the size of the area involved, number of spaces provided and the nature of the business and its expected or anticipated traffic volume, the Land Use Board may, in accordance with the recommendations of its professional staff or other Township officials, allow other suitable hard surface materials such as crushed stone over a gravel base to specifications set by the Township Engineer. All off-street loading and parking spaces shall be completed as required prior to issuance of a certificate of occupancy.
U. 
Planned developments. Any project proposed as a planned development shall follow the appropriate zoning criteria of this chapter and the applicable subdivision and/or site plan review criteria contained herein. Prior to approval of any planned development, the Land Use Board shall find the following facts and conclusions:
(1) 
All planned development shall be designed to the specific planned development provisions of this chapter. The planned development provisions shall supersede any conflicting portions of this chapter to the extent of such inconsistencies.
(2) 
Proposal for maintenance and conservation of the common open space shall be reliable and, if proposed to be handled by a private agency, shall be established in accordance with the homeowners' association provisions of § 60-42M. Also, the amount, location, and purpose of common open space shall be adequate for the use intended.
(3) 
The physical design of the proposed development for public services, control of vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment shall be adequate to comply with appropriate portions of the Master Plan, this chapter and reasonable planning design criteria.
(4) 
The proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
(5) 
In the case of a proposed planned development which contemplates construction over a period of years, the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed planned development in the total completion of the project shall be found adequate and clearly defined and protected.
(6) 
If the development is to be accomplished over phases, then a general development plan shall be provided as set forth in § 60-21.
V. 
Recreational facilities.[6]
(1) 
All recreational areas and facilities shall be designed in accordance with the New Jersey Department of Environmental Protection publication entitled "Administrative Guidelines: Barrier Free Design Standards for Parks and Recreational Facilities." In reviewing proposed recreational improvements and facilities in connection with the provisions of this chapter, the Land Use Board shall be guided by the standards contained in N.J.A.C. 7:50-6.143(a)2 and 6.144(a)1-3.
(2) 
Any residential development involving 20 or more residential lots, excluding planned developments or other residential developments wherein open space and recreational area provision is required by this chapter, shall be required to provide 1,500 square feet per lot within said development, but in no case less than one acre of open space and recreational area for the use and enjoyment of the residents of said development, except in the case of Subsection V(3)(f) herein this section.
(3) 
Whenever recreational area or facilities are proposed or required under the provisions of this chapter, they shall conform to the following standards where applicable:
(a) 
Said recreational area shall not be utilized for street rights-of-way, driveways, parking areas, utility stations, required buffer strips or other nonrecreational or open spaces uses.
(b) 
Not more than 50% of the total space saved shall be located in one or more of the following: a floodplain, wetlands, areas with a slope greater than 10%, watercourses, bodies of water or other areas deemed unsuitable for recreational purposes due to environmental or conservation reasons made evident by the Land Use Board's review of the environmental impact of the proposed development, including any environmental impact statement which might be required by this chapter.
(c) 
When the recreational and open space to be set aside as provided herein exceeds three acres, at least 50% of the total open space shall be developed by the applicant for active recreational activities, facilities and uses which shall be found suitable to the residents of the proposed development. Activities, facilities or uses deemed appropriate and acceptable include, but are not limited to, swimming pools, tennis, basketball and volleyball courts, ballfields, tot-lots, golf courses, bicycle paths, trails and similar active recreational pursuits. The remaining portion of the required open space may, with Land Use Board approval and if warranted by the environmental impact review, be permanently devoted to one or more of the following open space or land uses: parks, landscaped areas or gardens (including residents' garden plots), woodland conservation areas, game preserves, stream preservation areas, wetlands, watershed protection or floodplain areas or similar conservation areas which permit only passive recreational activities.
(d) 
All such recreational areas shall be reviewed by the Land Use Board, found adequate and approved. In its review, the Board shall investigate the size of the parcels devoted to open space and recreational areas, their location within the development, the topography and soils of said areas and the suitability of the uses contemplated or proposed, the configuration of the parcels under consideration, facilities and improvements to be provided, the provision made for maintenance and access to said parcels, traffic flow around said parcels, the ecological aspects, the staging and timing of the recreational area development and how various categories of recreational facilities or areas and their location will be proportionally related to the staging of the development of housing units or other uses if such staging is proposed. The Board shall find that such recreational or open space areas conform to the provisions of § 60-97E(1) through (5) and make whatever requirements necessary in granting preliminary approval to said development to assure compliance with the above cited sections.
(e) 
Said recreational area or open space shall be owned and maintained by a homeowners' association unless the developer or the homeowners' association offers the dedication of said area or space to the Township which accepts as provided for in connection with a planned residential cluster development pursuant to § 60-97F.
(f) 
Contribution in lieu of provision of open space and recreation area.
[1] 
In the case of conventional development, upon request by the applicant the Land Use Board may permit, when requested by an applicant and where deemed appropriate given the type of development and its need for open space and recreation area, the applicant to make a contribution in lieu of the provision of such open space and recreation area on site. The option of a contribution in lieu of provision of open space and recreation area on site shall not be allowed in the case of cluster or planned developments wherein the density of said development is directly related to open space and recreational area provision. When so permitted said contribution shall be reasonably equal to the cost of providing the required open space and recreational area. The contribution shall be made to a fund established by the Township of Pittsgrove or an agency thereof established according to law, which is dedicated to the provision of open space and recreational areas and to their purchase and development.
[2] 
To assist the Land Use Board in determining the amount of contribution, the applicant's engineer shall submit a cost estimate for the provision of the required open space and recreation area including the cost of land required therefor, which estimate shall be reviewed by the Board, its professionals and other municipal agencies or officials with knowledge of such costs prior to being approved and accepted. In determining the sufficiency of said contribution, the Board shall be guided by the type of development and expected or generally applicable types of open space or recreational area and facilities associated with same and the population to be served by said development.
[3] 
If approved and accepted, payment of said contribution shall be made a condition of the development approval and a written agreement guaranteeing said payment signed by the applicant and the Township. Said agreement shall specify the amount to be paid, the agency to which the monies are to be paid, and is to be binding on the applicant and his successors. Payment shall be made in accordance with a schedule which would have been required if provision of the open space and recreational area were to be provided on site. Once paid according to said agreement, the monies shall be used to purchase and/or develop or improve open space or recreational areas within the Township. Said monies shall be used within a reasonable period of time from payment recognizing that such capital expenditures require the amassing of suitable funding for such purchase or improvement.
[4] 
Any contribution agreed to by the applicant and Township as provided herein this section shall not be deemed to be exclusively for the use of the future residents of the development for which said contribution is made. Said contribution shall be an alternative way of providing open space and recreational areas for community residents and made necessary by new development. Any payment made under the provisions of this section shall be maintained in the escrow fund of the Township or any agency thereof and to which payment is so authorized.
[5] 
A contribution in lieu of providing open space and recreational area as permitted herein shall be at the sole discretion of the Land Use Board which shall be guided in that decision by the intent of this section and the adopted Township Master Plan to assure that sufficient open space and recreational area is provided for the community's residents in an appropriate location and type.
[6]
Editor's Note: See Ch. 72, Parks and Recreation Areas.
W. 
Sanitary sewers.[7]
(1) 
Residential developments shall comply with the provisions of the Residential Site Improvement Standards. In all other developments, sanitary sewer facilities shall be provided and installed in accordance with N.J.A.C. 5:21 for sewerage treatment facilities and according to N.J.A.C. 9:9a for individual subsurface disposal systems. Sewerage systems shall only be permitted in areas indicated for sewer service in the State of New Jersey Statewide Water Quality Management Plan (WQM) and where permitted by the NJDEP through sewer connection approval. Sanitary sewer pumping systems shall be designed in accordance with N.J.A.C. 7:14.
(2) 
All sanitary sewer systems plans and specifications shall be submitted to the Township Engineer prior to NJDEP permit application submission.
[7]
Editor's Note: See Ch. 113, Sewage Disposal Systems, Individual.
X. 
Stormwater management.[8]
[Amended 5-9-2006 by Ord. No. 5-2006; 2-24-2021 by Ord. No. 2021-1]
(1) 
Scope and purpose.
(a) 
Policy statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure best management practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.
(b) 
Purpose. The purpose of this Subsection X is to establish minimum stormwater management requirements and controls for major development, as defined below in Subsection X(2).
(c) 
Applicability.
[1] 
This Subsection X shall be applicable to the following major developments:
[a] 
Nonresidential major developments; and
[b] 
Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21.
[2] 
This Subsection X shall also be applicable to all major developments undertaken by the Township of Pittsgrove.
(d) 
Compatibility with Other Permit and Ordinance Requirements.
[1] 
Development approvals issued pursuant to this Subsection X 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 Subsection X shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
[2] 
This Subsection X 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 Subsection X 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.
(2) 
Definitions. For the purpose of this Subsection X, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
CAFRA CENTERS, CORES OR NODES
Those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
CAFRA PLANNING MAP
The map used by the Department to identify the location of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes. The CAFRA Planning Map is available on the Department's Geographic Information System (GIS).
COMMUNITY BASIN
An infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this chapter.
COMPACTION
The increase in soil bulk density.
CONTRIBUTORY DRAINAGE AREA
The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.
CORE
A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY
An agency designated by the County Commissioners to review municipal stormwater management plans and implementing ordinances. The county review agency may either be a county planning agency or a county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT
The Department of Environmental Protection.
DESIGN ENGINEER
A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
DESIGNATED CENTER
A State Development and Redevelopment Plan Center as designated by the State Planning Commission, such as urban, regional, town, village, or hamlet.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural land, "development" means: any activity that requires a state permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A 4:1C-1 et seq.
DISTURBANCE
The placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.
DRAINAGE AREA
A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
EMPOWERMENT NEIGHBORHOODS
Neighborhoods designated by the Urban Coordinating Council "in consultation and in conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A 55:19-69.
ENVIRONMENTALLY CONSTRAINED AREA
The following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership, such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
ENVIRONMENTALLY CRITICAL AREA
An area or feature which is of significant environmental value, including but not limited to: stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
GREEN INFRASTRUCTURE
A stormwater management measure that manages stormwater close to its source by:
(a) 
Treating stormwater runoff through infiltration into subsoil;
(b) 
Treating stormwater runoff through filtration by vegetation or soil; or
(c) 
Storing stormwater runoff for reuse.
HUC 14 or HYDROLOGIC UNIT CODE 14
An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION
Is the process by which water seeps into the soil from precipitation.
LEAD PLANNING AGENCY
One or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee, pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.
MAJOR DEVELOPMENT
(a) 
An individual development, as well as multiple developments that individually or collectively result in:
[1] 
The disturbance of one or more acres of land since February 2, 2004;
[2] 
The creation of one-quarter acre or more of regulated impervious surface since February 2, 2004;
[3] 
The creation of one-quarter acre or more of regulated motor vehicle surface since March 2, 2021; or
[4] 
A combination of Subsection(a)[2] and [3] of this definition that totals an area of one-quarter acre or more. The same surface shall not be counted twice when determining if the combination area equals one-quarter acre or more.
(b) 
"Major development" includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection (a)[1], [2], [3], or [4] of this definition. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major development.
MOTOR VEHICLE
Land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low-speed vehicles. For the purposes of this definition, "motor vehicle" does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski slope grooming machines, or vehicles that run only on rails or tracks.
MOTOR VEHICLE SURFACE
Any pervious or impervious surface that is intended to be used by motor vehicles and/or aircraft, and is directly exposed to precipitation, including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.
MUNICIPALITY
Any city, borough, town, township, or village.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Subsection X(4)(f) and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
NODE
An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON
Any individual, corporation, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
RECHARGE
The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
REGULATED IMPERVIOUS SURFACE
Any of the following, alone or in combination:
(a) 
A net increase of impervious surface;
(b) 
The total area of impervious surface collected by a new stormwater conveyance system (For the purpose of this definition, a "new stormwater conveyance system" is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created);
(c) 
The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or
(d) 
The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.
REGULATED MOTOR VEHICLE SURFACE
Any of the following, alone or in combination:
(a) 
The total area of motor vehicle surface that is currently receiving water;
(b) 
A net increase in motor vehicle surface; and/or
(c) 
Quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.
SEDIMENT
Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
SITE
The lot or lots upon which a major development is to occur or has occurred.
SOIL
All unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.
STATE PLAN POLICY MAP
Is defined as the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BMP
An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.
STORMWATER MANAGEMENT PLANNING AGENCY
A public body authorized by legislation to prepare stormwater management plans.
STORMWATER MANAGEMENT PLANNING AREA
The geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
TIDAL FLOOD HAZARD AREA
A flood hazard area in which the flood elevation resulting from the two-, ten-, or 100-year storm, as applicable, is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent of the storm surge from a particular storm event, a flood hazard area may be tidal in the 100-year storm, but fluvial in more frequent storm events.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONES
A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.
URBAN REDEVELOPMENT AREA
Is defined as previously developed portions of areas:
(a) 
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), designated centers, cores or nodes;
(b) 
Designated as CAFRA centers, cores or nodes;
(c) 
Designated as Urban Enterprise Zones; and
(d) 
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATER CONTROL STRUCTURE
A structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS or WETLAND
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
(3) 
Design and performance standards for stormwater management measures.
(a) 
Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:
[1] 
The minimum standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.
[2] 
The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.
(b) 
The standards in this Subsection X 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.
(4) 
Stormwater management requirements for major development.
(a) 
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection X(10).
(b) 
Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
(c) 
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection X(4)(p), (q) and (r):
[1] 
The construction of an underground utility line, provided that the disturbed areas are revegetated upon completion;
[2] 
The construction of an aboveground utility line, provided that the existing conditions are maintained to the maximum extent practicable; and
[3] 
The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.
(d) 
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection X(4)(o), (p), (q) and (r) may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
[1] 
The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;
[2] 
The applicant demonstrates, through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of Subsection X(4)(o), (p), (q) and (r) to the maximum extent practicable;
[3] 
The applicant demonstrates that, in order to meet the requirements of Subsection X(4)(o), (p), (q) and (r), existing structures currently in use, such as homes and buildings, would need to be condemned; and
[4] 
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection X(4)(d)[3] above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection X(4)(o), (p), (q) and (r) that were not achievable on-site.
(e) 
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection X(4)(o), (p), (q) and (r). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f), Tables 5-1, 5-2 and 5-3, and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
(f) 
Where the BMP tables in the NJ Stormwater Management Rules are different due to updates or amendments with the tables in this Subsection X, the BMP tables in the Stormwater Management Rules at N.J.A.C. 7:8-5.2(f) shall take precedence.
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
Best Management Practice
Stormwater Runoff Quality TSS Removal Rate
(percent)
Stormwater Runoff Quantity
Groundwater Recharge
Minimum Separation from Seasonal High Water Table
(feet)
Cistern
0
Yes
No
—
Dry Well(a)
0
No
Yes
2
Grass swale
50 or less
No
No
2(e)
1(f)
Green roof
0
Yes
No
—
Manufactured treatment device(a) (g)
50 or 80
No
No
Dependent upon the device
Pervious paving system(a)
80
Yes
Yes(b)
No(c)
2(b)
1(c)
Small-scale bioretention basin(a)
80 or 90
Yes
Yes(b)
No(c)
2(b)
1(c)
Small-scale infiltration basin(a)
80
Yes
Yes
2
Small-scale sand filter
80
Yes
Yes
2
Vegetative filter strip
60-80
No
No
—
(Notes corresponding to annotations(a) through (g) are found below Table 3.)
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best Management Practice
Stormwater Runoff Quality TSS Removal Rate
(percent)
Stormwater Runoff Quantity
Groundwater Recharge
Minimum Separation from Seasonal High Water Table
(feet)
Bioretention system
80 or 90
Yes
Yes(b)+nNo(c)
2(b)+n1(c)
Infiltration basin
80
Yes
Yes
2
Sand filter(b)
80
Yes
Yes
2
Standard constructed wetland
90
Yes
No
N/A
Wet pond(d)
50-90
Yes
No
N/A
(Notes corresponding to annotations (b) through (d) are found below Table 3.)
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Best Management Practice
Stormwater Runoff Quality TSS Removal Rate
(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 X(4)(o)[2].
(b)
Designed to infiltrate into the subsoil.
(c)
Designed with underdrains.
(d)
Designed to maintain at least a ten-foot-wide area of native vegetation along at least 50% of the shoreline, and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation.
(e)
Designed with a slope of less than 2%.
(f)
Designed with a slope of equal to or greater than 2%.
(g)
Manufactured treatment devices that meet the definition of "green infrastructure" at Subsection X(2).
(h)
Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection X(2).
(g) 
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection X(6)(b). Alternative stormwater management measures may be used to satisfy the requirements at Subsection X(4)(o) only if the measures meet the definition of "green infrastructure" at Subsection X(2). Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection X(4)(o)[2] are subject to the contributory drainage area limitation specified at Subsection X(4)(o)[2] for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection X(4)(o)[2] shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection X(4)(d) is granted from Subsection X(4)(o).
(h) 
Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact on the groundwater table and design the site so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound or interference with the proper functioning of the stormwater management measure itself.
(i) 
Design standards for stormwater management measures are as follows:
[1] 
Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);
[2] 
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection X(8)(c);
[3] 
Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion-resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5 shall be deemed to meet this requirement;
[4] 
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection X(8); and
[5] 
The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of 2 1/2 inches in diameter.
(j) 
Manufactured treatment devices may be used to meet the requirements of this 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 X(2) may be used only under the circumstances described at Subsection X(4)(o)[4].
(k) 
Any application for a new agricultural development that meets the definition of "major development" at Subsection X(2) shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection X(4)(o), (p), (q) and (r) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
(l) 
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection X(4)(p), (q) and (r) shall be met in each drainage area, unless the runoff from the drainage areas converges on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
(m) 
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the office of the 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 X(4)(o), (p), (q) and (r) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection X(10)(b)[5]. Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
(n) 
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection X(4) and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the office of the County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection X(4)(m) above. Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality in accordance with Subsection X(4)(m) above.
(o) 
Green infrastructure standards.
[1] 
This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.
[2] 
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection X(4)(p) and (q), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection X(4)(f) and/or an alternative stormwater management measure approved in accordance with Subsection X(4)(g). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
Best Management Practice
Maximum Contributory Drainage Area
Dry well
1 acre
Manufactured treatment device
2.5 acres
Pervious pavement systems
Area of additional inflow cannot exceed 3 times the area occupied by the BMP
Small-scale bioretention systems
2.5 acres
Small-scale infiltration basin
2.5 acres
Small-scale sand filter
2.5 acres
[3] 
To satisfy the stormwater runoff quantity standards at Subsection X(4)(r), the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Subsection X(4)(g).
[4] 
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection X(4)(d) is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection X(4)(g) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection X(4)(p), (q) and (r).
[5] 
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection X(4)(p), (q) and (r), unless the project is granted a waiver from strict compliance in accordance with Subsection X(4)(d).
(p) 
Groundwater recharge standards.
[1] 
This subsection contains the minimum design and performance standards for groundwater recharge as follows.
[2] 
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection X(5), either:
[a] 
Demonstrate through hydrologic and hydraulic analyses that the site and its stormwater management measures maintain 100% of the average annual preconstruction groundwater recharge volume for the site; or
[b] 
Demonstrate through hydrologic and hydraulic analyses that the increase of stormwater runoff volume from preconstruction to post-construction for the two-year storm is infiltrated.
[3] 
This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or to projects subject to Subsection X(4)(p)[4], below.
[4] 
The following types of stormwater shall not be recharged:
[a] 
Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with 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
[b] 
Industrial stormwater exposed to source material. "Source material" means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.
(q) 
Stormwater runoff quality standards.
[1] 
This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of one-quarter acre or more of regulated motor vehicle surface.
[2] 
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:
[a] 
Eighty percent TSS removal of the anticipated load, expressed as an annual average, shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.
[b] 
If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.
[3] 
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under an NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection X(4)(q)[2] above, unless the major development is itself subject to an NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
[4] 
The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 4, below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.
Table 4 - Water Quality Design Storm Distribution
Time
(Minutes)
Cumulative Rainfall
(Inches)
Time
(Minutes)
Cumulative Rainfall
(Inches)
Time
(Minutes)
Cumulative Rainfall
(Inches)
1
0.00166
41
0.1728
81
1.0906
2
0.00332
42
0.1796
82
1.0972
3
0.00498
43
0.1864
83
1.1038
4
0.00664
44
0.1932
84
1.1104
5
0.00830
45
0.2000
85
1.1170
6
0.00996
46
0.2117
86
1.1236
7
0.01162
47
0.2233
87
1.1302
8
0.01328
48
0.2350
88
1.1368
9
0.01494
49
0.2466
89
1.1434
10
0.01660
50
0.2583
90
1.1500
11
0.01828
51
0.2783
91
1.1550
12
0.01996
52
0.2983
92
1.1600
13
0.02164
53
0.3183
93
1.1650
14
0.02332
54
0.3383
94
1.1700
15
0.02500
55
0.3583
95
1.1750
16
0.03000
56
0.4116
96
1.1800
17
0.03500
57
0.4650
97
1.1850
18
0.04000
58
0.5183
98
1.1900
19
0.04500
59
0.5717
99
1.1950
20
0.05000
60
0.6250
100
1.2000
21
0.05500
61
0.6783
101
1.2050
22
0.06000
62
0.7317
102
1.2100
23
0.06500
63
0.7850
103
1.2150
24
0.07000
64
0.8384
104
1.2200
25
0.07500
65
0.8917
105
1.2250
26
0.08000
66
0.9117
106
1.2267
27
0.08500
67
0.9317
107
1.2284
28
0.09000
68
0.9517
108
1.2300
29
0.09500
69
0.9717
109
1.2317
30
0.10000
70
0.9917
110
1.2334
31
0.10660
71
1.0034
111
1.2351
32
0.11320
72
1.0150
112
1.2367
33
0.11980
73
1.0267
113
1.2384
34
0.12640
74
1.0383
114
1.2400
35
0.13300
75
1.0500
115
1.2417
36
0.13960
76
1.0568
116
1.2434
37
0.14620
77
1.0636
117
1.2450
38
0.15280
78
1.0704
118
1.2467
39
0.15940
79
1.0772
119
1.2483
40
0.16600
80
1.0840
120
1.2500
[5] 
If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:
R = A + B - (A x B)/100,
Where:
R
=
total TSS percent load removal from application of both BMPs, and
A
=
the TSS percent removal rate applicable to the first BMP
B
=
the TSS percent removal rate applicable to the second BMP.
[6] 
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection X(4)(p), (q) and (r).
[7] 
In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.
[8] 
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.
[9] 
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.
[10] 
These stormwater runoff quality standards do not apply to the construction of one individual single-family dwelling, provided that it is not part of a larger development or subdivision that has received preliminary or final site plan approval prior to December 3, 2018, and that the motor vehicle surfaces are made of permeable material(s) such as gravel, dirt, and/or shells.
(r) 
Stormwater runoff quantity standards.
[1] 
This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.
[2] 
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection X(5), complete one of the following:
[a] 
Demonstrate through hydrologic and hydraulic analyses that for stormwater leaving the site, post-construction runoff hydrographs for the two-, ten-, and 100-year storm events do not exceed, at any point in time, the preconstruction runoff hydrographs for the same storm events;
[b] 
Demonstrate through hydrologic and hydraulic analyses that there is no increase, as compared to the preconstruction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten- and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;
[c] 
Design stormwater management measures so that the post-construction peak runoff rates for the two-, ten- and 100-year storm events are 50%, 75% and 80%, respectively, of the preconstruction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or
[d] 
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection X(4)(r)[2][a], [b] and [c] above is required unless the design engineer demonstrates through hydrologic and hydraulic analyses that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three, will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
[3] 
The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.
(5) 
Calculation of stormwater runoff and groundwater recharge.
(a) 
Stormwater runoff shall be calculated in accordance with the following:
[1] 
The design engineer shall calculate runoff using one of the following methods:
[a] 
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb10441 71.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
[b] 
The Rational Method for peak flow and the Modified Rational Method for hydrograph computations. The rational and modified rational methods are described in "Appendix A-9 Modified Rational Method" in the Standards for Soil Erosion and Sediment Control in New Jersey, January 2014. This document is available from the State Soil Conservation Committee or any of the Soil Conservation Districts listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number for each Soil Conservation District is available from the State Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625. The document is also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
[2] 
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at Subsection X(5)(a)[1][a] and the Rational and Modified Rational Methods at Subsection X(5)(a)[1][b]. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
[3] 
In computing preconstruction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce preconstruction stormwater runoff rates and volumes.
[4] 
In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 - Urban Hydrology for Small Watersheds or other methods may be employed.
[5] 
If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.
(b) 
Groundwater recharge may be calculated in accordance with the following:
[1] 
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.
(6) 
Sources for technical guidance.
(a) 
Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
[1] 
Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3.
[2] 
Additional maintenance guidance is available on the Department's website at: https://www.njstormwater.org/maintenance_guidance.htm.
(b) 
Submissions required for review by the Department should be mailed to: The Division of Water Quality, New Jersey Department of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
(7) 
Solids and floatable materials control standards.
(a) 
Site design features identified under Subsection X(4)(f) above, or alternative designs in accordance with Subsection X(4)(g) 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 X(7)(a)[2] below.
[1] 
Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
[a] 
The New Jersey Department of Transportation (NJDOT) bicycle-safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or
[b] 
A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.
[c] 
For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than 7.0 square inches or be no greater than 2.0 inches across the smallest dimension.
[2] 
The standard in Subsection X(7)(a)[1] above does not apply:
[a] 
Where each individual clear space in the curb opening in an existing curb-opening inlet does not have an area of more than 9.0 square inches;
[b] 
Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;
[c] 
Where flows from the water quality design storm as specified in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
[i] 
A rectangular space 4.625 inches long and 1.5 inches wide (this option does not apply for outfall netting facilities); or
[ii] 
A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle-safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2 and 5:21-7.4(b)1].
[d] 
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the Water Quality Design Storm as specified in N.J.A.C. 7:8; or
[e] 
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
(8) 
Safety standards for stormwater management basins.
(a) 
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.
(b) 
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection X(8)(c)[1], [2], and [3] for trash racks, overflow grates, and escape provisions at outlet structures.
(c) 
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
[1] 
A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management BMP to ensure proper functioning of the BMP outlets in accordance with the following:
[a] 
The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;
[b] 
The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;
[c] 
The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack; and
[d] 
The trash rack shall be constructed of rigid, durable, and corrosion-resistant material and designed to withstand a perpendicular live loading of 300 pounds per square foot.
[2] 
An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:
[a] 
The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.
[b] 
The overflow grate spacing shall be no less than two inches across the smallest dimension.
[c] 
The overflow grate shall be constructed and installed to be rigid, durable, and corrosion-resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.
[3] 
Stormwater management BMPs shall include escape provisions as follows:
[a] 
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 X(8)(c), a freestanding outlet structure may be exempted from this requirement;
[b] 
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 X(8)(e) for an illustration of safety ledges in a stormwater management BMP; and
[c] 
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.
(d) 
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.
(e) 
Safety ledge illustration.
60 Safety Ledge Illustration.tif
(9) 
Requirements for a Site Development Stormwater Plan.
(a) 
Submission of Site Development Stormwater Plan.
[1] 
Whenever an applicant seeks municipal approval of a development subject to this Subsection X, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection X(9)(c) below as part of the submission of the application for approval.
[2] 
The applicant shall demonstrate that the project meets the standards set forth in this Subsection X.X.
[3] 
The applicant shall submit 18 copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection X(9)(c).
(b) 
Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this Subsection X.X.
(c) 
Submission of site development stormwater plan. The following information shall be required:
[1] 
Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map, as appropriate, may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.
[2] 
Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.
[3] 
Project description and site plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.
[4] 
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsection X(3) through (5) are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
[5] 
Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
[a] 
Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.
[b] 
Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.
[6] 
Calculations.
[a] 
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection X(4).
[b] 
When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.
[7] 
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection X(10).
[8] 
Waiver from submission requirements. The municipal official or board reviewing an application under this Subsection X may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection X(9)(c)[1] through [6] when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
(10) 
Maintenance and repair.
(a) 
Applicability. Projects subject to review as in Subsection X(1)(c) shall comply with the requirements of Subsection X(10)(b) and (c).
(b) 
General maintenance.
[1] 
The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.
[2] 
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
[3] 
If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.
[4] 
Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.
[5] 
If the party responsible for maintenance identified under Subsection X(10)(b)[3] above is not a public agency, the maintenance plan and any future revisions based on Subsection X(10)(b)[7] below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
[6] 
Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.) of the stormwater management measure, including, but not limited to, repairs to or replacement of the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.
[7] 
The party responsible for maintenance identified under Subsection X(10)(b)[3] above shall perform all of the following requirements:
[a] 
Maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders;
[b] 
Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and
[c] 
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection X(10)(b)[6] and [7] above.
[8] 
The requirements of Subsection X(10)(b)[3] and [4] do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
[9] 
In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the Municipal Engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or county may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.
(c) 
Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
(11) 
Penalties. Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this Subsection X shall be subject to the penalties listed in § 60-112 below.
[8]
Editor's Note: See Ch. 47, Flood Damage Prevention.
Y. 
Structure and building design and siting.
(1) 
In reviewing site plans for freestanding buildings and structures, and depending on individual site characteristics, consideration shall be given to positioning that provides a desirable visual composition, avoids blocking natural vistas, provides a desirable space enclosure, does not unnecessarily alter existing topography and vegetation and otherwise respects established natural conditions and surrounding buildings and structures and in particular, building or structures of historic significance.
(2) 
Consideration shall also be given to building materials, use of color and/or texture, massing, fenestration and advertising features as they relate to site conditions and harmonize with similar elements in surrounding buildings and structures. Consideration shall also be given to assure that future developments of structures and buildings are harmonious and well-sited with regard to existing buildings on the same site or adjoining properties.
(3) 
The design and layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design and efficient arrangement. In the orientation and siting of buildings, the unique characteristics of the site shall be taken into account with consideration given to relating building to the natural terrain, creating desirable focal points, preserving natural views and respecting the established character of the neighborhood. The overall plan shall provide for a unified design with features that tie principal and accessory structures together and relate site features successfully and harmoniously to similar elements in surrounding buildings.
Z. 
Traffic and circulation.
(1) 
Acceleration and deceleration lanes.
(a) 
Where a driveway serves right-turning traffic from a parking area providing 200 or more parking spaces and/or the abutting road has a peak hour traffic volume exceeding 1,000 vehicles per hour, an acceleration lane shall be provided in accordance with A Policy of Geometric Design of Highways and Streets, published by the American Association of State Highway Officials, latest version.
(b) 
Where a driveway serves 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 is to be at least 200 feet long and at least 13 feet wide, measured from the abutting road curbline. A minimum forty-foot curb return radius will be used from the deceleration lane into the driveway.
(2) 
Bikeways.
(a) 
Bikeways shall be required when the Land Use Board finds provision of said bikeway(s) would be needed and utilized based upon probable volume of bicycle traffic, the development's location in relation to other populated areas, or its location with respect to any overall bike route or trail adopted or established by the Land Board or other applicable agency.
(b) 
Bikeways shall generally not exceed a grade of 3%, except for short distances, and they should be a minimum of five feet wide for one-way and eight feet wide for two-way travel. Bikeways shall be designed and constructed in accordance with the specifications and standards of the A Policy of Geometric Design of Highways and Streets, published by the American Association of State Highway Officials, latest version.
(3) 
Customer service areas.
(a) 
Any site plan for a development that provides for temporary stopping space on-site for vehicles of customers or patrons seeking service at a roadside business or business catering to drive-in service where the customer does not leave his/her vehicle, such a farm roadside stand, gasoline service station, drive-in bank, restaurant providing take-out food service or similar use, shall ensure that the stopping or maneuvering space is at least 10 feet removed from the right-of-way of the adjoining road or street(s). In addition, sufficient waiting or standing area for vehicles approaching the drive-in window or service area shall be provided on-site to prevent the stacking of vehicles onto the road or shoulder area within the public right-of-way.
(b) 
Maneuvering space or area on-site shall be sufficient so that no vehicle must back into the street or shoulder area thereof. Any lane used exclusively for a drive-in window(s) or service area(s) shall be separate from and in addition to driveway area sufficient to permit other on-site traffic to maneuver around the site without being blocked by the customer service area standing traffic.
(4) 
Driveways. Any driveways providing access from a public street or way to any permitted use or structure shall comply with the following regulations:
(a) 
Driveways shall enter the street or road right-of-way at an angle between 75° and 105°.
(b) 
The portion of the roadway lying between the right-of-way line of the street and the driveway shall be surfaced as a driveway extension.
(c) 
Any curb opening shall be properly reconstructed to the satisfaction of the Township Engineer. Where curbing does not exist and conditions warrant, an adequate drain pipe shall be installed as determined by the Township Engineer.
(d) 
Driveway grades shall not exceed 8% by a distance of 40 feet from any street or road right-of-way, unless otherwise approved by the Township Engineer.
(e) 
Driveway widths at the street right-of-way lines shall be a minimum of 10 feet and maximum of 20 feet in connection with single-family residential uses. All other uses shall conform to the driveway regulations contained herein or as approved by the Land Use Board on recommendation of its professional staff.
(f) 
The number of driveways provided from a site directly to any road shall be as follows:
Use
Length of Site Frontage
(feet)
Number of Driveways
Residential
200 or less
1
Commercial
200 or less
1
Commercial on arterial or collector road
200 to 500
2
All uses
Over 800
To be determined by Land Use Board upon receipt of advice from the Township Engineer
(g) 
All entrance and exit driveways to a road shall be located to afford maximum safety to traffic on the road.
(h) 
Any exit driveway or driveway lane shall be so designed in profile and grading and shall be so located as to permit the following maximum sight distance measured in each direction along any abutting road; the measurement shall be from the driver's seat of a vehicle standing on that portion of the exit driveway that is immediately outside the edge of the road traveled or shoulder:
Allowable Speed on Road
(mph)
Required Sight Distance
(feet)
25
150
30
200
35
250
40
300
45
350
50
400
(i) 
Wherever a site occupies a corner of two intersecting roads, no driveway entrance or exit may be located within a minimum of 30 feet of tangent of the existing or proposed curb radius of that site.
(j) 
No entrance or exit driveway shall be located on the following portions of any collector or arterial road: 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, nor on any portion of such road, where the grade has been changed to incorporate an interchange.
(k) 
Where two or more driveways connect a single site to any one road, a minimum clear distance of 100 feet measured along the right-of-way line shall separate the closest edges of any two such driveways.
(l) 
Driveways used for two-way operation shall intersect any collector or arterial road at an angle as near 90°.
(m) 
Driveways use by vehicles in one direction of travel (right turn only) shall not form an angle smaller than 60° with a collector or arterial road unless acceleration and deceleration lanes are provided.
(n) 
The dimensions of driveways shall be designed to adequately accommodate the volume and character of vehicles anticipated to be attracted daily onto the land development for which a site plan is prepared. The required maximum and minimum dimensions for driveways are indicated in the following table. Driveways serving large volumes of daily traffic or traffic over 25% of which is truck traffic shall be required to utilize high to moderate dimensions. Driveways serving low volumes of daily traffic or traffic with less than 25% truck traffic shall be permitted to use low to minimum dimensions.
Type of Development
One-Way Curbline Opening
(feet)
Operation Driveway Width
(feet)
Two-way Curbline Opening
(feet)
Operation Driveway Width
(feet)
5 to 10 family residence
12 to 15
10 to 13
12 to 30
10 to 26
10 family or more
12 to 30
10 to 26
24 to 36
24 to 46
Commercial and industry
24 to 50
24 to 34
24 to 50
24 to 46
Service station
15 to 36
12 to 34
24 to 36
20 to 34
(o) 
The surface of any driveway subject to Township site plan approval shall be constructed with a permanent pavement of a type as approved by the Land Use Board upon recommendation of its professionals. Such pavement shall extend to the paved traveled way or paved shoulder of the road; required driveway dimensions are specified in § 60-42Z(4)(n) above.
(p) 
Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage. Any 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 depressed-curb driveway that it is likely to cause undercarriage drag, the sidewalk should be appropriately lowered to provide a suitable ramp gradient.
(q) 
Where a driveway provides access to a structure and said driveway is in excess of 50 feet in length from the abutting road right-of-way to the structure being served by said driveway, the owner of said property and dwelling or structure shall provide a minimum driveway of 20 feet for the initial 100 feet and a minimum of driveway of 12.5 feet. All trees shall be trimmed to a minimum height of 20 feet across the driveway area for vertical clearing space for the driveway's entire length. The driveway shall at a minimum be constructed of crushed stone or dense-graded aggregate. The driveway shall have a loop or "k" turnaround located within 100 feet of the dwelling. See also § 60-42J(5).
(r) 
In all types of development, no certificate of occupancy shall be issued prior to the completion of all driveways and parking areas as required by this chapter and/or the Land Use Board during development review. This section shall not apply to individual single-family, detached dwelling units in a residential development where other lots have not yet been sold, developed or requested occupancy certificates.
(5) 
Sidewalks.[9] Residential developments shall comply with the provisions of the Residential Site Improvement Standards.
(a) 
In all other developments, sidewalks shall be required:
[1] 
Along all streets and in particular within neighborhood business, highway business or industrial/commercial zoning districts or for major commercial, residential and industrial developments.
[2] 
Both sides of roads classified as county or municipal collector roads as defined in the circulation plan element of the adopted Township Master Plan.
[3] 
When a proposed development is located within 1/2 mile of a pedestrian attractor, which includes commercial establishments, municipal or governmental buildings or offices, schools, places of worship, post offices, and recreational areas so as to provide for pedestrian movement to such facilities.
[4] 
In minor subdivision, when the subdivision is located immediately adjacent to an area where sidewalks are currently provided, where installation of sidewalks is imminent or where a circulation section of the Master Plan indicated the planned development of walkways.
(b) 
Sidewalks may be required by the Land Use Board:
[1] 
To provide access to environmental amenities including bird sanctuaries, public parks, forest preserves or similar facilities, within or adjacent to a development.
[2] 
On both sides of a street near intersections or at such other locations due to pedestrian safety considerations.
(c) 
Sidewalks shall not be required in zones where the minimum lot width is in excess of 150 feet.
(d) 
In reviewing a request for a waiver of this requirement, the Land Use Board shall be guided by the probable volume of pedestrian traffic, the street classification in instances where streets are involved, school bus stops, the development's location in relation to other populated areas or pedestrian traffic attractors, and the general type of improvement intended. The Land Use Board shall further only grant waivers which are in accordance with the provisions, goals and objectives of the adopted Township Master Plan.
(e) 
When required and unless reduced or altered in size or location by the Land Use Board, all sidewalks shall conform to the following standards:
[1] 
Sidewalks shall be at least four feet wide and located as approved by the Land Use Board. Sidewalks shall be at least four inches thick, except at the point of vehicular crossing where they shall be at least six inches thick, of Class C concrete, having a twenty-eight-day compression strength of 4,000 p.s.i. and shall be air-entrained.
[2] 
Finished sidewalks shall be true to specified lines, grades and curvatures. Completed work shall be adequately protected from traffic and the elements.
[3] 
All sidewalks shall be designed and constructed to provide for accessibility by the handicapped.
(f) 
Where deemed appropriate based on projected pedestrian traffic, site conditions and the character of the area, i.e., especially in neighborhood business zoned areas, the Land Use Board may permit the installation of pedestrian walkways instead of full concrete sidewalks as required above. Such walkways may be constructed of stone, mulch or chips designed and installed to provide a safe, usable means of pedestrians to walk to or from parking areas or along roadways in a natural setting. Whenever a waiver is requested from the requirement of sidewalk installation, the Board shall first consider requiring a pedestrian walkway, before granting a waiver for no means of pedestrian accommodation and access.
[9]
Editor's Notes: See Ch. 84, Streets and Sidewalks.
(6) 
Sight triangles.
(a) 
Sight triangles shall be required at each quadrant of an intersection of streets and streets and driveways. The area within sight triangles shall be either dedicated as part of the street right-of-way or maintained as part of the lot adjoining the street and set aside on any subdivision or site plan as a sight triangle easement. Within a sight triangle, no grading, planting or structure shall be erected or maintained more than 30 inches above the street center line or lower than eight feet above the street center line except for street name signs and official traffic regulation signs. Where any street or driveway intersection involves earth banks or vegetation, including trees, the developer/owner shall trim such vegetation and trees as well as establish proper excavation and grading to provide for the sight triangle.
(b) 
The sight triangle is that area bounded by the intersecting street lines and a straight line which connects sight points located on each of the two intersecting street lines the following distances away from the intersection street lines: arterial streets at 130 feet; collector streets at 60 feet; and local streets at 35 feet. Where the intersecting street are both arterial, both collectors, or one arterial and one collector, two overlapping sight triangles shall be required formed by connecting the sight points noted above with a sight point 35 feet on the intersecting street.
(c) 
Any proposed development requiring subdivision or site plan approval shall provide sight triangle easements at each driveway with the driveway classified as a local street for purposes of establishing distances. In the case of a subdivision where actual location of driveways may not yet be established at the time of subdivision approval, the deed for the lot(s) involved in said subdivision shall contain the requirement for the establishment and maintenance of the sight triangle at the driveway intersection as required by this section.
(d) 
The classification of existing and proposed streets shall be those as defined in the adopted Master Plan or as designated by the Land Use Board at the time of the application for approval for a new street, not included in the Master Plan. Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and may be included in establishing the minimum setbacks required by the Schedule of District Regulations.[10]
[10]
Editor's Note: Said schedule is included at the end of this chapter.
(7) 
Streets. In all other developments shall comply with the following standards:
(a) 
All development shall be served by improved streets with an all-weather base and pavement with an adequate crown. Streets shall be designed in accordance with A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO), latest edition, and the Asphalt Handbook for County and Municipal Engineers, New Jersey Society of Municipal Engineers (NJMSE), latest edition. Street design shall be based on their functional classification according to the United States Department of Transportation Federal Highway Administration's functional classification of highways. A standard local street shall have a cartway width of 40 feet consisting of two twelve-foot travel lanes and two eight-foot parking lanes. Depending on the nature of the neighborhood and intensity of use, curbs, sidewalks and utility areas may be required. Residential developments shall be governed by the New Jersey Residential Site Improvement Standards, N.J.A.C. Title 5, Chapter 21. In keeping with the rural and natural character of the landscape of the C Conservation and RR Rural Residence Zoning Districts, subdivisions of 20 lots or less shall use the rural street and lane configurations of the RSIS.
(b) 
A cul-de-sac shall not be permitted except in the C Conservation and RR Rural Residence Zoning Districts or in planned developments where the developer proves to the satisfaction of the Land Use Board that due to the terrain, configuration of the land proposed for development, other existing conditions or the special needs of the type of development, e.g., a cluster development, no other street configuration would be reasonably possible. In making the decision, the fact that more lots might be created by the use of a cul-de-sac street instead of some other street configuration shall not be a factor. In all other areas of the Township, loop streets shall be used wherever possible in residential development layout design.
(c) 
When a development adjoins land capable of being developed or subdivided further, suitable provision shall be made for optimum access from the adjoining tract to existing or proposed streets.
(d) 
Local streets shall be designed to discourage through traffic.
(e) 
To conserve energy and permit the greatest potential for buildings to a have a southern exposure, all new streets shall have an east/west orientation whenever possible considering topographic features and existing land use patterns.
(f) 
Development bounded by arterial or collector streets.
[1] 
In all residential districts, development bounded by an arterial or collector street shall control access to said streets by having all driveways intersect minor streets. Where the size, shape, location, or some other unique circumstances may dictate no other alternative than to have a driveway enter an arterial or collector street, the lot shall provide on-site turnaround facilities so it is not necessary to back any vehicle onto an arterial or collector road and abutting lots may be required to use abutting driveways with one curb cut. All lots requiring reverse frontage shall have an additional 25 feet of depth to allow for the establishment of the buffers outlined below unless such buffers are established in a reserve strip controlled by the Township, county or state.
[2] 
That portion of the development abutting an arterial or collector street right-of-way shall either be planted with nursery-grown trees to a depth of not more than the 25 feet as a buffer strip along the right-of-way line and for the full length of the development so that in a reasonable period of time a buffer area will exist between the development and the abutting roadway, or, where topography permits, earthen berms may be created at a sufficient height to establish a buffer between the development and the roadway. Berms shall not be less than five feet in height; they shall be planted with evergreens and deciduous trees according to a landscaping plan so as to be designed to have no adverse effect on nearby properties. All trees shall be of nursery stock having a caliper of not less than 2 1/2 inches measured three feet above ground level and be of an approved species as set forth in Subsection BB herein. They shall be of symmetrical growth, free of insect pests and disease, suitable for street use, and durable under the maintenance contemplated.
(g) 
In all nonresidential developments the minimum 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 schedules. Where any arterial or collector street intersects another arterial or collector street, the right-of-way and cartway requirements shall be increased by 10 feet on the right side of the street(s) approaching the intersection for a distance of 300 feet from the intersection of the center lines.
Street Classification
R.O.W. Width
(feet)
Traffic Lanes
Width Between Curbs
(feet)
Total Utility and Right-of-way Outside Curbs*
(feet)
Major arterial
86
4 at 12 feet
64
22
Arterial
86
2 at 12 feet
40
46
Rural arterial
66
2 at 12 feet
36
30
Collector
66
2 at 12 feet
36
30
Local street
50
2 at 12 feet
36
14
Source: Future Function Classification System, prepared by Salem County Planning Board
* Shall be a minimum of four inches deep topsoil stabilized, fertilized and seeded with grass.
(h) 
No development showing reserve strips controlling access to streets or another property or street, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to the Township under conditions imposed by the Land Use Board.
(i) 
In the event that a development adjoins or includes existing Township streets that do not conform to widths as shown on either the Master Plan or Official Map or the street width requirements of this chapter, additional land along both sides of said street sufficient to conform to the right-of-way requirements shall be anticipated in the subdivision design by creating oversized lots to accommodate the widening at some future date. The additional widening may be offered to the Township for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way and shall be expressed on the plat as follows: "Street right-of-way easement granted to the Township of Pittsgrove permitting the Township to enter upon these lands for the purpose provided for and expressed in the Land Development Regulations Ordinance of the Township of Pittsgrove." This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair or maintain any facilities installed in this area dedicated by ordinance or as shown on the plat or as provided for by any maintenance or performance guaranty. If a subdivision is along one side only, 1/2 of the required extra width shall be anticipated.
(j) 
The actual design and construction of all streets or roads within the Township shall be subject to review and approval of the Township Engineer in accordance with the provisions of this chapter, the Residential Site Improvement Standards regulations with regard to residential developments, any adopted Master Plan or Official Map and any other applicable ordinances of Pittsgrove Township, County of Salem, and State of New Jersey, or acceptable engineering standards.
(k) 
Where dead-end streets or cul-de-sac are utilized, they shall conform to the following standards:
[1] 
Dead-end streets of a permanent nature (where provisions for the future extension of the street to boundary of the adjoining property is impractical or impossible) or of a temporary nature (where provision is made for the future extension of the street to the boundary line of adjoining property) shall provide a turnaround at the end with a right-of-way radius of not less than 50 feet and a cartway radius of not less than 40 feet. The center point for the radius shall be on the center line of the associated street or, if offset, to a point where the cartway radius also becomes a tangent to one of the curblines of the associated street. In all cases, the radius shall be sufficient to permit the maneuvering and turning of emergency vehicles including fire trucks. The maximum radius of a cul-de-sac shall be 50 feet in zoning districts with a minimum lot width of 150 feet or more and 60 feet in zoning districts with a lot width requirement of less than 150 feet. The right-of-way radius of the turnaround shall be 60 feet and 70 feet for these respective zoning districts. No cul-de-sac turnaround shall exceed a radius of 70 feet except if an adequate landscaped circle is provided in which two-way traffic is maintained.
[2] 
If a dead-end street is of temporary nature, provisions shall be made for removal of the turnaround and reversion of the excess right-of-way to the adjoining properties as off-tract responsibility of the developer creating the street extension when the street is extended.
[3] 
A dead-end street or cul-de-sac shall not provide access to more than 20 residential nor more than 14 nonresidential lots and/or not be longer than 1,000 feet. Dead-end streets shall have a turnaround at the end with a right-of-way radius of not less than 50 feet and an outside curb radius of not less than 40 feet. Whenever possible, turnarounds shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to adjoining properties.
(l) 
No street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound the names of existing streets within the Township or adjoining municipalities so as to be confusing therewith. The continuation of an existing street shall have the same name. The names of new streets must be approved by the Land Use Board.
(m) 
In the case of local streets within a development where the Township Committee determines that the length of the street and the nature of adjacent uses warrant such reduction in the width of the paved surface, the width required in § 60-42Z(7)(g) may be reduced, but in no case shall the paved width of a local street be less than 26 feet.
(n) 
The developer of any subdivision or development shall provide for the installation of the underground service for and all poles and fixtures for streetlighting. Streetlighting shall be provided in accordance with the recommendations of the Township Engineer and as required by the Land Use Board. Adequate lighting shall be provided at all intersections and elsewhere as deemed necessary by the Land Use Board. The developer shall pay to the Township the costs of operation of said streetlighting (as determined by the standard rates of the servicing utility) until the street upon which said streetlights are installed is accepted by the Township Committee as a public street.
(o) 
All streets and shoulder areas shall be paved in accordance with the standards and specifications of the Township Engineer based upon current engineering practice, the regulations of this chapter and other applicable chapters, regulations and the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, as currently amended.
(p) 
Whenever a development abuts or crosses municipal boundaries, access to those lots within the Township shall be from within the Township as the general rule. Wherever access to a development is required across land in an adjoining municipality as the exception, the Land Use Board may require documentation that such access is legally established, and that the access road is adequately improved and may condition issuance of building permits and/or certificates of occupancy on said lots to such access road's improvement as required herein.
(q) 
All work shall be inspected through the course of construction by the Township Engineer or his duly authorized representative with § 60-45.
(8) 
Street signs. All signs identifying the name of a street shall be installed on metal posts of the type, design and standards utilized elsewhere in the Township. The location of such street signs shall be determined by the Land Use Board, but there shall be at least two street signs at each intersection. All street signs shall be located free of visual obstruction.
AA. 
Utilities.
(1) 
New utility distribution lines and telephone lines to locations not presently served by utilities shall be placed underground, except those lines which are located on or adjacent to active agricultural operations. All public services shall be connected to an approved public utilities system, where one exists. Prior to the granting of final approval, the applicant shall submit three copies of a final plat or plan showing the installed location of these utilities, as well as a written instrument from each serving utility which shall indicate compliance with this section.
(2) 
All electric utility transmission lines shall be located within existing rights-of-way on existing towers or underground to the maximum extent practical. Developments which abut existing streets where overhead electric or telephone distribution supply lines have heretofore been installed shall have future service connections installed underground. Whenever the widening or extension of a street requires the replacement or relocation of utilities, such replacement or relocation shall be underground. Common trenches shall be utilized by utilities where practical.
(3) 
In large-scale developments, easements along rear or side property lines may be required. Such easements shall be at least 20 feet wide and, to the extent possible, shall be centered on or adjacent to rear or side lot lines.
BB. 
Vegetation and landscaping.
(1) 
No development shall be carried out unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of threatened or endangered plants listed in any applicable federal, state or local list of threatened or endangered plants.
(2) 
All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.
(3) 
Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry and resource extraction, shall:
(a) 
Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated; and
(b) 
Revegetate or landscape areas temporarily cleared or disturbed during development activities.
(4) 
Applications for minor site plans and all major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection BB(6) below.
(5) 
Shade trees. All new developments shall be required to install shade trees along all roadway frontages, in large parking lots and in other areas as set forth herein this chapter and/or required as a condition of approval of said development. The Land Use Board may waive the requirement of the planting of shade trees in connection with the provisions of § 60-42I, Energy conservation. When required, planting of shade trees shall comply with the following requirements:
(a) 
Trees shall be at least eight feet in height and 2 1/2 inches in caliper measured three feet above ground level when planted, of approved stock, and free of disease and insect posts.
[Amended 12-8-2009 by Ord. No. 15-2009]
(b) 
Any plant material which does not live shall be replaced within one year or one growing season. Such trees shall be of a species and at locations approved by the Land Use Board. No trees shall be planted within 25 feet of any street intersection.
(c) 
Shade trees shall be a deciduous variety of a species approved by the Land Use Board. The following species shall not be considered as acceptable for shade tree use:
Acer negundo (box elder)
Acer platanoides (Norway maple)
Acer platanoides schwedler (Shwedeler's maple)
Acer rubrum [red (swamp) maple]
Acer saccharinum (silver maple)
Ailianthus altissima (tree of heaven)
Betula (birch), all species
Catalpa, all species
Gingko biloba, female species only
Gleditsia (honey locust and thornless honey locust), all species
Juglans (walnut), all species
Paulownia (empress tree)
Platanus (plane or buttonwood), all species
Populus (poplar and cottonwood), all species
Quercus palustris (pin oak)
Salix (willow), all species
Ulmus (elm), all species
All fruit trees
(d) 
In all major subdivisions, shade trees shall be provided along the road frontage. Two trees properly planted, staked and fertilized as required herein this section, shall be provided for every 100 feet of road frontage except if an equivalent number of trees are preserved within 50 feet of the right-of-way.
(6) 
In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans required pursuant to SubsectionBB(4) and (10) of this section or any checklist requirements[11] pursuant to § 60-36 shall incorporate the following elements:
(a) 
The limits of clearing shall be identified;
(b) 
Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design where practical;
(c) 
Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure; and
(d) 
The locations and identification of all trees and shrubs proposed to be used when required for screening and buffering, or for ornamental purposes around buildings and other structures.
[11]
Editor's Note: The checklists are included at the end of this chapter.
(7) 
All shade trees shall have a minimum diameter of 2 1/2 inches measured three feet above the ground. Trees shall be planted in sufficient frequency to provide shade, shall be balled and burlapped, nursery grown, free from insects and disease, and true to species and variety. Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the tone of the area to conform with adjacent lots. Dead or dying trees shall be replaced by the developer during the next recommended planting season.
(8) 
Off-street parking areas located in commercial or industrial zoning districts providing parking spaces for 100 or more vehicles shall provide suitable landscaping to break the monotony of the paved area. Divider strips and buffers, islands and other such landscaped areas within parking lots or areas shall be planted with grass, shrubs, bushes and shade trees in order to alleviate an otherwise barren expanse of open, paved or parking area and unsightly appearance and as an aid to stormwater disposal. Adequate provisions shall be made to ensure that such landscaping shall be maintained in good condition. Such planting shall be designed so as not to interfere or impair solar access for any structure or use located on the same property therewith, nor to cause visual obstruction for traffic using the property involved or streets abutting same.
(9) 
Open space adjacent to buildings, not surfaced such as walkways, driveways, parking areas, utility areas or other required improvements in any multifamily residential project, shall be graded and seeded to provide a thick stand of grass or other groundcover material. Suitable and sufficient landscaping with trees and shrubs shall be provided for each dwelling units as approved by the Land Use Board. Once again care shall be taken to prevent interference with solar access to structures or units either now or in the future as plants and trees grow.
(10) 
A landscaping plan shall be submitted with each site plan application. The plan shall identify and locate existing and proposed trees, shrubs, bushes, plant material and groundcover. The plan shall also indicate any proposed alterations of the terrain for landscaping purposes. The following principals shall be followed in the development of the landscaping plan.
(a) 
Landscaping shall be designed to accent and compliment buildings and shall be located to assist with interior climate control.
(b) 
The impact of any proposed landscaping plan shall be considered over time so that shrubs or trees do not grow and eventually block sight distances. This concern is particularly important at driveway entrances and in parking areas.
(c) 
Factors, such as texture, color, shapes and foliage, shall be considered in the choice of species. In addition, the susceptibility of the species to disease and litter or maintenance problems must be considered.
(d) 
The preservation of existing trees and vegetation is encouraged. All existing trees having a diameter of 15 inches or more measured three feet above ground level shall be incorporated into the landscaping plans and preserved. Although the alteration of the existing terrain may be permitted to accomplish appropriate landscaping objectives, the grade around existing trees that are incorporated into the landscaping plans may not be varied more than six inches unless properly designed tree wells are incorporated into the landscaping plans. The plans must also show how existing trees that are being preserved will be protected from damage during development of the property.
[Amended 12-8-2009 by Ord. No. 15-2009]
(11) 
The important natural features of a site shall be preserved in the design of development. Natural features which shall be protected include the natural terrain, wetlands, wooded areas, vistas, natural drainageways and lakes. A development shall only be permitted to significantly alter or encroach on the existing natural features of a tract of land if the Land Use Board is convinced that the alteration is the minimum necessary to allow the use of the land for the intended purpose and there is no alternative to the development design which would eliminate or mitigate any adverse impact on natural features.
(12) 
No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed within the development so as to provide at least four inches of cover to all areas of the development and shall be stabilized by seeding or planting. The owner of premises or the person in charge of a development whereon soils removal is proposed, when permission for same in accordance with the provisions of § 60-53.1 has been duly granted, shall not take away the top layer of arable soils for a minimum depth of six inches, but such top layer of arable soils to a depth of six inches shall be set aside for retention on the premises and shall be spread over the premises when the rest of the soil has been removed, pursuant to amounts and contour lines approved by the Land Use Board and any permit for soil movement issued by the Township Committee.
[Amended 12-28-2004 by Ord. No. 2004-11]
CC. 
Visual obstruction. In any district, nothing shall be erected, placed or allowed to grow in such a manner as to materially impede vision between a height of 2 1/2 feet and 10 feet above the center line grade of an abutting street or streets within the sight triangle as established elsewhere in this chapter.
DD. 
Water management.
(1) 
All surface water runoff shall be managed in accordance with the standards contained in § 60-42EE(2)(e), Water quality.
(2) 
Buildings serviced by a central sewage system shall be designed to include water saving devices.
EE. 
Water quality.
(1) 
All development permitted under this chapter shall be designed and carried out so that the quality of surface and groundwater shall be protected. Except as specifically authorized in this section, no development which degrades surface or groundwater quality or which establishes new point sources of pollution shall be permitted.
(2) 
Use of the following substances is prohibited in the Township to the extent that such use will result in direct or indirect introduction of such substances to any surface, or ground- or surface water or any land:
(a) 
Septic tank cleaner;
(b) 
Waste oil;
(c) 
Cleaning solvents and paint or paint removal;
(d) 
Flammable or caustic substances;
(e) 
Herbicides, fungicides, insecticides or similar chemicals; or
(f) 
Any other hazard materials as identified by the Salem County Solid Waste Management and/or Recycling Plan, and which materials are identified as hazardous chemicals or materials to be collected and disposed in accordance with said plan(s).[12]
[12]
Editor's Note: See Ch. 49, Hazardous Materials.
(3) 
No person shall apply any herbicide to any road or public utility right-of-way within the Township unless necessary to protect an adjacent agricultural activity.
(4) 
The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986.[13]
[13]
Editor's Note: See N.J.S.A. 58:10A-21 et seq.
(5) 
Debris, oils, sediments and other hazardous substances are to be kept from entering public or private stormwater management systems through use of devices or technologies as approved by the Land Use Board, upon recommendation of its professionals.
FF. 
Water supply. Residential developments shall comply with the provisions of the Residential Site Improvement Standards regarding the provision of potable water supplies. In all other developments, the following provisions shall apply:
(1) 
Where water is accessible from a servicing utility, the developer shall arrange for the construction of water mains in such a manner as to make adequate water service available to each lot, dwelling unit or use within the development. The entire system shall be designed in accordance with the requirements and standards of the Township, county and/or State of New Jersey agency having approval authority and shall be subject to their approval. The system shall also be designed with adequate capacity and sustained pressure for present and probable future development.
(2) 
Water supply facilities and systems shall be provided and installed in accordance with the specifications of this chapter and as required and approved by the Township Engineer. Said water supply facilities and systems shall be designed and installed for either immediate or future connection with a public or on-site community water supply facility or system approved by the appropriate state agency and the Township of Pittsgrove. In areas where public water supply does not exist or is not expected to be provided within a reasonable period of time in the opinion of the Land Use Board, the Board may waive the requirement that water supply systems and facilities be installed to connect to or with a public system or facilities.
(3) 
In those cases where a public water supply facility or system is not presently available and the site of the proposed development is unsuitable and unsafe in terms of public health for individual, on-site water supply facilities, as determined by the New Jersey Department of Environmental Protection, Department of Health or other appropriate agency, an on-site community water supply system approved by the New Jersey Department of Environmental Protection and the Township of Pittsgrove governing body shall be installed. Said on-site system shall be provided in addition to the required installation of water supply facilities for those areas expected to be provided with public water supply facilities or systems within a reasonable period of time.
(4) 
Where public water is not available, potable water supply shall be provided to each lot on an individual well basis. Appropriate and necessary testing within reason of land(s) proposed for development may be required by the Land Use Board so as to determine the suitability of the site, the proper location and evidence the site can provide for adequate water supply. Individual wells shall be designed and installed in accordance with the requirements and standards of the Township, county and/or state agency having appropriate jurisdiction.
GG. 
Wetlands.
(1) 
Development shall be prohibited in all wetlands and wetlands transition areas except as specifically authorized in this section.
(2) 
Horticulture of native species and berry agriculture shall be permitted in all wetlands subject to the requirements of § 60-42BB(12).
(3) 
Beekeeping shall be permitted in all wetlands.
(4) 
Forestry shall be permitted in all wetlands subject to the requirements of § 60-76.
(5) 
Fish and wildlife management activities shall be permitted in all wetlands subject to the standards of this article and provided that the activities do not result in a significant adverse impact as set forth in § 60-42GG(10).
(6) 
Low-intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating, and swimming, and other low-intensity recreational uses provided that any development associated with those other uses does not result in a significant adverse impact on the wetlands as set forth in § 60-42GG(10) below.
(7) 
Commercial or public docks, piers, moorings, and boat launches shall be permitted provided that:
(a) 
There is a demonstrated need for the facility that cannot be met by existing facilities;
(b) 
The development conforms with all state and federal regulations, and
(c) 
The development will not result in a significant adverse impact as set forth in § 60-42GG(10).
(8) 
Bridges, roads, trails and utility transmission and distribution facilities and other similar linear facilities provided that:
(a) 
There is no feasible alternative route or site for the facility that does not involve development in a wetland or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist;
(b) 
The need for the proposed linear improvement cannot be met by existing facilities or modification thereof;
(c) 
The use represents a need which overrides the importance of protecting the wetland;
(d) 
Development of the facility will include all practical measures to mitigate the adverse impact on the wetland; and
(9) 
Agricultural and horticultural use, as defined in § 60-4 and limited by § 60-42GG(10).
(10) 
A significant adverse impact shall be deemed to exist where it is determined that one or more of the following modifications of a wetland will have an irreversible effect on the ecological integrity of the wetland and its biotic components, including, but not limited to threatened or endangered species of plants or animals:
(a) 
An increase in surface water runoff discharging into a wetland;
(b) 
A change in the normal seasonal flow patterns in the wetland;
(c) 
An alteration of the water table in the wetland;
(d) 
An increase in erosion resulting in increased sedimentation in the wetland;
(e) 
A change in the natural chemistry of the ground- or surface water of the wetland;
(f) 
A loss of wetland habitat;
(g) 
A reduction of wetland habitat diversity;
(h) 
A change in wetland species composition; or
(i) 
A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting or feeding.
(11) 
Determination under § 60-42GG(10) above shall consider the cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may affect the wetland.
All developments shall comply or conform to the provisions of this chapter including the Schedule of District Regulations.[1] Standards and regulations contained in Articles X and XI of this chapter shall be met in addition to all standards and regulations contained within this article.
[1]
Editor's Note: Said schedule is included at the end of this chapter.
A. 
Where due to special conditions, a literal enforcement of the provisions of this article will result in unnecessary hardship or be detrimental to the stated goals and objectives of the Township's development policy as expressed in the Township Master Plan, the Land Use Board may, by resolution, grant such waiver from or adjustment to the requirements of this article as will not be contrary to the public interest, and will carry out and implement the objectives of the Township Master Plan and this chapter.
B. 
All requests for waivers or adjustments to the design standards contained in this chapter shall be submitted in writing to the Land Use Board and shall clearly set forth reason(s) why literal enforcement would not be possible, would cause substantial hardship (detailing such hardship) or be contrary to Township planning goals and objectives.
C. 
In reviewing such requests, the Land Use Board shall give consideration to the development size, anticipated or recognizable adverse impact(s), natural and existing conditions at the development site or adjacent thereto and reasonable feasibility of the design standard to the development proposed.
A. 
All improvements and performance standards in this article, when required or applicable of or to a developer, shall be subject to inspection by the Township Engineer, who shall be notified by the developer at least seven days prior to the start of construction and at least two days before each stage of construction. No underground installation of any type shall be covered until inspected and approved by the Township Engineer. In no case shall any paving work be done without the permission of the Township Engineer's office so that he or his qualified representatives may be present at the time work is to be done. The Township Engineer's office shall be notified after each phase of work has been completed (i.e., road subgrade, curb forms, curbing, etc.) so that he or a qualified representative may inspect the work.
B. 
The Land Use Board may require the developer to provide an office or shelter suitable for use by the on-site Township inspector(s) when the development size and intensity warrants the same due to the scope and complexity of required improvements.
C. 
A final inspection of all improvements and utilities will be started within 10 days' notification by the developer to determine whether the work is in agreement with the approved final plats or plans and Township specifications. Upon receipt of a final inspection report, action will be taken to release or declare in default any performance guaranty concerning such improvements as set forth in Article VIII of this chapter. Inspection by the Township of the installation of improvements shall not operate to subject the Township to liability, suits and claims of any kind that may at any time arise because of defects or negligence during construction.
D. 
For purpose of this article, the Township Engineer shall undertake all plan or plat review of proposed aspects of a development application, set design or performance specifications or standards as required herein, and inspect all improvements and/or work to be undertaken by an applicant as a condition of approval of the development, when said improvement or work is to be located on public property, rights-of-way or buildings or structures, or is to be dedicated or offered to the Township of Pittsgrove upon its completion, inspection, approval and acceptance.