The subdivision plat shall conform to design standards that will encourage good development patterns within the Township. Where either or both an Official Map or Master Plan has or have been adopted, the subdivision shall conform to the proposals and conditions shown thereon. To ensure the harmonious development of the Township and enhance the public welfare, the following minimum design standards shall be complied with.
A.
Subdivisions shall be designed to provide a street pattern which is essentially curvilinear. Grid street patterns shall not be permitted.
B.
The proposed arrangement of streets shall provide for the extension of all contiguous existing streets.
C.
Street patterns in all new subdivisions shall be dictated by the contour of the land. Streets shall be laid out to run essentially perpendicular to the slope of the land. Streets running parallel to the slope of the land shall be permitted only in unavoidable or limited situations. In addition, street patterns shall be designed which will minimize the land disturbance, thereby permitting the preservation of most of the existing vegetation.
D.
Street patterns shall be designed to provide convenient access to all lots within the subdivision and shall be based upon a local residential street pattern connected to a residential collector street system.
E.
Reserve access strips. No subdivision showing reserve strips controlling access to streets shall be approved.
F.
Additional street widths. Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map or the street width requirements of this chapter shall dedicate additional width along either one or both sides of said road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.
G.
Private streets. Private streets shall be prohibited in major subdivisions.
H.
Half streets. New half or partial streets shall not be permitted, except that, wherever a proposed subdivision borders a half or partial street, the Land Use Board shall require that the other part of the street be platted in the proposed tract.
I.
Multiple intersections. Multiple intersections involving a junction of more than two streets shall be prohibited.
J.
Intersections with arterial streets. To the fullest extent possible, local residential streets and residential collector streets shall not intersect with arterial streets less than 800 feet apart, measured from center line to center line.
L.
Access. Each lot shall front on an improved street.
M.
Street widening. Where extra width has been dedicated for the widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.
N.
Side lot lines. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
O.
Double frontage. Double frontage and reverse frontage lots shall be avoided, except where specifically required by the Land Use Board to overcome specific disadvantages of topography and orientation. A planting screen of at least 10 feet shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use. There shall be no right of access across such easement.
P.
Odd-shaped lots. Where there is a question as to the shape and boundary line of a lot or lots for their optimum use by the future occupant, including such conditions as narrow or unduly elongated lots and other awkward-appearing angles or appendages, the Land Use Board may withhold approval of such lot or lots.
A.
The right-of-way and cartway widths of streets shall be measured from lot line to lot line and shall not be less than the following:
(1)
Minor streets shall have a right-of-way width of 50 feet and a cartway of 30 feet.
(2)
Collector streets shall have a right-of-way width of 60 feet and a cartway of 40 feet.
(3)
Arterial street widths shall be determined by the Township Engineer, based upon future traffic demands and other applicable considerations of the area to be served.
(4)
Culs-de-sac shall have a right-of-way radius of 50 feet and a cartway radius of 40 feet.
B.
Horizontal curves. When connecting street lines deflect from each other at any point by more than 10°, they shall be connected by a horizontal curve. No minor street shall have a horizontal curve with a center-line radius of less than 100 feet. No collector street shall have a radius of less than 500 feet. No arterial street shall have a radius of less than 750 feet.
C.
Cross-sectional design. Minor streets and collector streets shall be constructed with a crown equivalent to 1/4 inch per foot. Arterial streets, unless required otherwise, shall be constructed with a crown on tangent alignments and superelevated at 2% on curved alignments.
D.
Vertical grades. Grades on arterial and collector streets shall not exceed 5%. Grades on other streets shall not exceed 8%. No street shall have a minimum grade of less than 0.5%. Upon the recommendation of the Township Engineer, the Land Use Board may permit a reduction of vertical grade to no less than 0.4%. Within 50 feet of the intersection of any street with a collector street, arterial street or controlled access highway, the maximum grade shall be limited to 2%.
E.
Vertical curves. All tangent profiles shall be connected by vertical curves conforming to the following:
(1)
Minor streets shall have crest and sag curves of 25 feet minimum for each 1% of grade change.
(2)
Collector streets shall have curve lengths of 40 feet minimum for each 1% of grade change.
(3)
Arterial streets shall have curve lengths of 65 feet minimum for each 1% of grade change.
(4)
To ensure proper drainage flow, no vertical curve shall be longer than 140 feet for each 1% of grade change.
(5)
To ensure proper comfort, no vertical curve shall be less than 50 feet and preferably not less than 100 feet.
F.
Dead-end streets. All dead-end streets which are not intended to be continued in the future shall terminate in a cul-de-sac. The maximum desirable length of a street terminating in a cul-de-sac shall be 500 feet. Dead-end streets which are intended to continue in the future, which extend more than two lots past the corner lot, shall terminate with a temporary cul-de-sac.
G.
T-intersections. The minimum distance between offset T-intersections shall be 200 feet between center lines. Further T-intersections shall be located such that the intersecting street center line aligns with the lot line opposite as closely as possible, in order to minimize the effect of headlight glare on the dwelling opposite the intersection.
H.
Street intersection angles. All intersections shall be as nearly as possible at right angles. In no case shall an intersection be permitted with a skew angle of more than 30°. In the case of an intersection between two collector streets or a collector street and arterial street or major highway, the skew angle shall be no more than 15°.
I.
Reverse curves. A tangent of not less than 100 feet in length shall be used to connect reverse curves on arterial streets. A tangent of not less than 50 feet in length shall be used to connect curves on other streets.
J.
Broken-back curves. The tangent length between horizontal curves in the same direction shall be as long as possible. When reasonable tangent lengths cannot be provided, the curves shall be compounded.
K.
Compound curves. On collector and arterial streets, the ratio of the larger to the smaller curve shall not exceed two. On all other streets, the ratio shall not exceed three.
L.
Street name. No street name shall be proposed which is a duplication in whole or part of any existing street name nor which is so similar as to be confused with an existing street name.
M.
Marginal roads. Subdivisions abutting major alternate streets or highways may be required to provide marginal access roads. Said determination shall be made by the Land Use Board after consultation with the Township Engineer.
N.
Intersection radii. All intersecting street right-of-way lines shall be rounded with a minimum radius of 10°. Intersections of minor and collector streets with arterial streets shall be rounded with a minimum radius of 15°, except that larger radii may be required by the Township Engineer or other body having jurisdiction over the major street.
[Amended 1-19-1977 by Ord. No. 3-77; 3-27-2006 by Ord. No. 2006-7; 12-18-2006 by Ord. No. 2006-27; 7-27-2015 by Ord. No. 2015-11; 2-22-2021 by Ord. No. 2021-03; 6-22-2024 by Ord. No. 2024-04]
A.
Scope and purpose.
(1)
Policy statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure best management practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs 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 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 green infrastructure, water quality, quantity, and groundwater recharge.
(2)
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in § 285-29B.
(3)
Applicability.
(a)
This section shall be applicable to the following major developments:
(b)
This section shall also be applicable to all major developments undertaken by Eagleswood Township.
(c)
Applicability of this section to major developments shall comply with last amended N.J.A.C. 7:8-1.6, incorporated herein by reference.
(4)
Compatibility with other permit and ordinance requirements. Development approvals issued pursuant to this section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
(5)
This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.
B.
Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions used in this section shall be the same as the last amended Stormwater Management Rules at N.J.A.C. 7:8-1.2, incorporated herein by reference.
C.
Design and performance standards for stormwater management measures. This section establishes design and performance standards for stormwater management measures for major development intended to minimize the adverse impact of stormwater runoff on water quality and water quantity and loss of groundwater recharge in receiving water bodies. Design and performance standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5, incorporated herein by reference.
D.
Solids and floatable materials control standards.
(1)
Site design features identified under § 285-29C above, or alternative designs in accordance with § 285-29C 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 § 285-29D(1)(b) below.
(a)
Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
[1]
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or
[2]
A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inches across the smallest dimension. Note that the Residential Site Improvement Standards at N.J.A.C. 5:21 include requirements for bicycle safe grates.
[a]
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.
[3]
For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.
(b)
The standard in Subsection D(1)(a) above does not apply:
[1]
Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than 9.0 square inches;
[2]
Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;
[3]
Where flows from the water quality design storm as specified in the last amended Stormwater Management rules at N.J.A.C. 7:8 et seq. are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
[a]
A rectangular space 4 5/8 (4.625) inches long and 1 1/2 (1.5) inches wide (this option does not apply for outfall netting facilities); or
[b]
A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1].
[4]
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the Water Quality Design Storm as specified in N.J.A.C. 7:8; or
[5]
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
E.
Safety standards for stormwater management basins.
(1)
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin. Safety standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-6, incorporated herein by reference.
(2)
Safety ledge illustration.
Elevation View — Basin Safety Ledge Configuration  |
F.
Requirements for a site development stormwater plan.
(1)
Submission of site development stormwater plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at § 285-29F(3) below as part of the submission of the application for approval.
(b)
The applicant shall demonstrate that the project meets the standards set forth in this section.
(c)
The applicant shall submit three copies of the materials listed in the checklist for site development stormwater plans in accordance with § 285-29F(3) of this section.
(2)
Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.
(3)
Submission of site development stormwater plan. The following information shall be required:
(a)
Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown.
(b)
Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.
(c)
Project description and site plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.
(d)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsection C is being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(e)
Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
[1]
Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.
[2]
Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.
(f)
Calculations.
[1]
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Subsection C of this section.
[2]
When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on onsite boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.
(g)
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 285-29G.
(h)
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in § 285-29F(3)(a) through F(3)(f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
G.
Maintenance and repair.
(1)
Applicability. Projects subject to review as in § 285-29A(3) of this section shall comply with the requirements of § 285-29G(2) and (3).
(2)
General maintenance.
(a)
Maintenance for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5.8, incorporated herein by reference.
(b)
The following requirements of N.J.A.C. 7:8-5.8 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:
[1]
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; and
[2]
Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.
Note: It may be appropriate to delete requirements in the maintenance and repair plan that are not applicable if the ordinance requires the facility to be dedicated to the municipality. If the municipality does not want to take this responsibility, the ordinance should require the posting of a two year maintenance guarantee in accordance with N.J.S.A. 40:55D-53. Maintenance and inspection guidance can be found on the Department's website at: https://www.njstormwater.org/maintenance_guidance.htm.
(c)
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.
(3)
Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
H.
Penalties. Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the following penalties:
(1)
For every violation of the provisions of this section, the owner, contractor, or other person interested, as lessee, tenant or otherwise, in any building or premises where such violation has been committed or shall exist, and who refuses to abates the violation within five days after written notice has been served by the municipal official or police officer either by registered mail or by personal service, shall for each and every violation be subject to the penalty as stated in Chapter 1, General Provisions, Article II, General Penalty, of the Code of the Township of Eagleswood. Each and every day that such violation continues after such notice shall be considered a separate and specific violation of this section. Any person who shall violate any of the terms or provisions of this section shall, upon conviction thereof, be subject to the penalty as stated in Chapter 1, General Provisions, Article II, General Penalty, of the Code of the Township of Eagleswood.
I.
Severability. Each section, subsection, sentence, clause and phrase of this section is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.
A.
General. An easement shall be provided for all natural drainageways and all utility lines, when such utility line or lines do not fall within a dedicated right-of-way. All easements shall be plotted on the preliminary and final plat. A clause shall be inserted in the deed of each lot affected by an easement, specifically reserving the easement.
B.
Minimum easement width. Except as further required by this article, easements shall have a minimum width of 20 feet.
C.
Drainageways. Where a subdivision is traversed by a drainageway, channel or stream, a drainageway easement conforming substantially to the lines of such watercourse shall be provided. The easement shall be a minimum of 20 feet wide or such width as will be adequate to preserve natural drainage and provide sufficient width for maintenance. Where it is found that additional easement width is needed, such width shall be determined by the Township Engineer.
D.
Easement location. To the fullest extent possible, easements shall be centered on or adjacent to rear or side lot lines.
E.
Easement and lot sizes. In specific cases where lots front or side on easements, the Land Use Board may require the depth or width of said affected lots to be increased by the width of the easement. This determination shall take into consideration the health, safety and welfare of the future residents of said lots as well as the usefulness of the lots by future residents as a result of the easement.
Where a park, playground, school or other site for public use is proposed in whole or in part in the applicant's subdivision, the Land Use Board may accept the dedication or reservation of such area within the subdivision. All subdivisions providing for park and recreation facilities shall adhere to the following standards:
A.
Land area shall be based upon a minimum ratio of one acre of land per 50 dwelling units, or fraction thereof, with a minimum of one acre.
B.
The Land Use Board shall determine whether the land to be utilized for recreational purposes shall remain for private recreational uses or be dedicated to public use.
C.
When a subdivision is traversed by a watercourse, the Land Use Board may request the developer to provide additional land along the stream for park purposes.
D.
No depositing of debris shall be permitted in any area designated as a proposed park or other public site.
A.
Topsoil protection. Topsoil moved during the course of construction shall be redistributed to all areas of the subdivision which are not covered by structures or paving and shall be stabilized by seeding or planting. At no time shall topsoil be removed from the site without written permission from the Land Use Board.
B.
Existing trees. To the fullest extent possible, existing trees shall be preserved by the developer. Special consideration shall be given to the layout of lots and the position of dwellings on the lots, to ensure that existing trees are preserved. Special precautions shall also be taken to protect existing trees during the process of grading lots and roads.
C.
Watercourses. Where a subdivision is traversed by a natural lake, pond or stream, the boundaries or alignment of said watercourse shall be preserved and shall conform substantially to the natural alignment or boundary.
D.
Unique physical features. Unique physical features, such as historic landmarks, lookouts and similar features of natural beauty or critical ecological function, shall be preserved to the fullest extent possible. The Land Use Board may, after proper investigation, withhold approval of the lotting of such areas.
E.
Landscaped buffer screen. When a proposed subdivision borders upon an existing commercial or industrial establishment or any other such use which, in the opinion of the Land Use Board, may be visually detrimental to the tranquility of the future residents of the subdivision, the Land Use Board may require a landscaped screen to buffer the subdivision from the visually noncompatible use.