A developer shall comply with the following requirements and principles of land subdivision to encourage proper development patterns and the provision of adequate facilities and services in the borough.
A.
No subdivision shall be approved unless all lots abut an improved street as defined by this chapter. Any request for relief from this provision shall conform to the procedures of the N.J.S.A. 40:55D-36 or 40:55D-60.
B.
Any proposed subdivision determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon the property in question or adjacent properties may be required to be revised to remove such adverse effect prior to further review. Where the remaining portion of the tract is of sufficient size to be subdivided further, the applicant may be required to submit a sketch of the entire remaining portion to indicate a feasible plan whereby the proposed subdivision and subsequent subdivisions will not create any such adverse effect.
A.
General design considerations.
[Amended 3-9-1987 by Ord. No. 379; 6-28-1994 by Ord. No. 474]
(1)
All proposed streets in a subdivision of land shall be classified as either a loop street, a cul-de-sac street or a borough collector as defined in Plates 2, 3 and 4.[1]
[1]
Editor's Note: Plates, 2, 3 and 4 are included as attachments to this chapter.
(2)
Borough collectors shall be designed to provide for the extension and connection of existing streets.
(3)
When a subdivision adjoins land susceptible to being subdivided, suitable provisions shall be made for optimum access of the remaining and/or adjoining tract to existing or proposed streets within the proposed subdivision.
(4)
Access shall be designed in all major subdivisions according to the following standards:
(a)
All major subdivisions bounded by arterials and major collectors as defined by the functional classification system contained within the approved Borough Master Plan shall control access to said streets by having all driveways intersect marginal service streets, parallel streets or streets intersecting said arterials, major collectors and county-local roads.
(b)
When a subdivision of five or more lots borders an existing borough street or county-local road, reverse frontage or a marginal service road may be required.
(5)
All subdivisions which control access to existing borough or county roads by reverse frontage or marginal service roads shall construct an adequate buffer between the development and the existing street. The buffer for reverse frontage shall consist of densely planted nursery-grown trees to a depth of 20 feet as indicated on Plate 5.[2] Plate 6[3] indicates the required landscaped area for marginal service roads.
[2]
Editor's Note: Plate 5 is included as an attachment to this chapter.
[3]
Editor's Note: Plate 6 is included as an attachment to this chapter.
(6)
A subdivision that adjoins or includes existing borough streets that do not conform to the right-of-way widths specified in the Borough Master Plan and in the street cross-section requirements of this chapter shall dedicate the additional land needed to conform to the right-of-way standards. If the subdivision is along one side of the road, 1/2 of the required extra width shall be dedicated.
(7)
A cul-de-sac shall provide access to a minimum of six dwellings and a maximum of 14 dwelling units. No cul-de-sac shall exceed 750 feet in length, measured from the intersecting street right-of-way to the end of the turnaround right-of-way. The minimum 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.
(8)
A cul-de-sac shall not be permitted unless the developer proves to the satisfaction of the Planning Board that due to the terrain and configuration of the land proposed for development, no other street configuration would be reasonably possible. In making this decision, the fact that more lots might be created by the use of a cul-de-sac street or P-loop street instead or some other street configuration shall not be a factor.
(9)
Any development containing any proposed new street or extension of any street shall include at least one street that connects at least two pre-existing public streets. This requirement may be waived by the Reviewing Board if the applicant proves to the satisfaction of the Reviewing Board that due to the terrain and configuration of the land proposed for development, such a street configuration would not be reasonably possible and, in addition, that the development provides at least two separate entrances by streets going into the development from a pre-existing public street, which entrances are at least 250 feet distant from each other. In granting such a waiver the Reviewing Board may impose additional reasonable conditions to provide for eventual street connections with the surrounding area for an integrated street system for the borough and for the efficient and safe flow of vehicular and pedestrian traffic to, from, in and through the development.
[Amended 2-27-1996 by Ord. No. 500]
B.
Specific design requirements. The following specific design requirements shall be met in the construction of new streets or the improvements of existing streets:
(1)
When connection street lines deflect from each other at any one point by more than ten degrees (10°), they shall be connected by a curve with a radius conforming to standard engineering practice so that the minimum sight distance shall be not less than 100 feet for cul-de-sacs, 150 feet for loop streets and not less than 300 feet for collectors and arterials.
(2)
A tangent of at least 200 feet long shall be introduced between reverse curves on arterial and collector streets.
(3)
Longitudinal grades on borough collectors or roads of higher functional classification shall not exceed 4%. The longitudinal grade of any other local street shall not exceed 8%. All changes in grade shall be connected by vertical curves of at least 50 feet for each difference in grade of 2% or portion thereof to ensure proper sight distance which will conform to good engineering practice.
(4)
The longitudinal grade of any street shall not be less than one-half of one percent (1/2 of 1%). Grades between one-half of one percent (1/2 of 1%) and 1% may require monolithic curb-and-gutter construction to ensure adequate drainage.
C.
Intersections.
(1)
Street intersections shall be at a minimum angle determined by the road classification. All intersections shall be at ninety degrees (90°), except that cul-de-sac or loop streets which intersect a borough collector or county-local road shall have a minimum angle of seventy-five degrees (75°), and a cul-de-sac which intersects a loop street shall have a minimum angle of sixty degrees (60°).
(2)
Separation of intersections.
(a)
No more than two streets shall meet or intersect at any one point, and the center line of both intersecting streets shall pass through a common point. Any two intersections shall be separated by the following distances:
Classification | Minimum Distance Between Intersections (feet) |
|---|---|
Arterials and county collectors | 350 |
Borough collectors and | |
county-locals | 250 |
Loop streets and cul-de-sacs | 200 |
(b)
Whenever two roads of different functional classification intersect, the minimum separation standards of the more important road shall be followed.
(3)
The maximum grades of all intersections shall be 3%, except that intersections involving only borough collectors or other local streets shall have a maximum grade of 4%.
(4)
The block corners at intersections shall be rounded at the curbline, with the street having the highest radius requirement determining the minimum standard for all curblines.
Classification | Radius (feet) |
|---|---|
Arterials and county collectors | 40 |
Borough collectors and county-locals | 30 |
Loops and cul-de-sacs | 20 |
(5)
Sight triangles.
(a)
For both major and minor subdivisions, clear sight triangle easements shall be required at all intersections in addition to the right-of-way requirement described above. Within such triangles, no vision-obstructing object shall be permitted which exceeds a height of 30 inches above the elevation of the intersecting streets except for streetlighting standards. The "sight triangle" is defined as the area of vision which enables a motorist entering a road to perceive oncoming vehicles and which enables oncoming vehicles to perceive the entering vehicle. This area is bounded by the intersecting street lines and the straight line connecting sight points, one each located on the two intersecting street center lines. "Sight points" are defined as being the following distances from the intersection:
Classification | Distance (feet) |
|---|---|
Arterials | 400 |
County major collectors | 300 |
County minor collectors | 250 |
Borough collectors and county-locals | 200 |
Loop streets | 150 |
Culs-de-sac | 110 |
(b)
These points are to be connected to a point 90 feet from the intersection of the street center lines. Plates 7 through 10[4] illustrate the required sight triangle easements. The sight easement shall describe two overlapping triangles whenever the intersecting roads are of functional classification borough collector or above. The easement for intersections involving cul-de-sac or loop streets shall only include the sight triangle needed for the motorist entering the intersection street.
[4]
Editor's Note: Plates 7 through 10 are included as attachments to this chapter.
D.
Street construction standards. All subdivisions shall be served by paved public streets with an all-weather base and pavement with an adequate crown. All new streets and improvements to existing streets shall adhere to the following standards:
(1)
The minimum pavement width shall be in accordance with the following standards and as illustrated on Plates 11 through 16:[5]
Lanes | Shoulder | ||||
|---|---|---|---|---|---|
Type-of-Street | No. | Width (feet) | Width (feet) | Type1 | Right- of-Way (feet) |
County major collector | 2 | 12 | 6 | 1 | 86 |
County minor collector | 2 | 12 | 6 | 2 | 66 |
County-local | 2 | 11 | 6 | 2 | 50 |
Borough collector2 | 2 | 11 | 6 | 1 | 50 |
Loop | 2 | 11 | 5 | 1 | 50 |
Cul-de-sac | 2 | 11 | 3 | 1 | 50 |
NOTES: |
1 The shoulder types shall be 1, paved; and 2, application of oil and stone, and gravel. |
2 In areas proposed for less intense development [minimum lot sizes over one acre], the minimum shoulder shall be compacted gravel with oil. |
[5]
Editor's Note: Plates 11 through 16 are included as attachments to this chapter.
(2)
All new existing streets shall be constructed or improved to fulfill the above minimum requirements. The subdivider shall be responsible for improving only 1/2 of the street immediately adjacent to the subdivision, except in cases where off-site contributions are required. If off-site contributions are required the subdivider may be responsible for improving more than 1/2 of the street and other nearby streets or intersections.
(3)
Deceleration and acceleration lanes shall be constructed outside of the normal cartway as determined necessary by the Borough Engineer.
(4)
The minimum total asphalt surface thickness for all pavements shall be three and one-half (3'/2) inches of FABC-2, Mix No. 5, two inches to be laid and used as running surface until all settlement is completed, then brought to final grade with a one-and-one-half-inch overlay and such additional material as shall be needed to compensate for settlement. The minimum subbase shall be four inches of soil aggregate Type 5, Class A, or, as an alternate subbase, with Planning Board approval, six inches of soil aggregate Type 2, Class B. No bituminous-concrete pavement shall be laid until the existing subbase has been prepared and thoroughly compacted with an approved roller.
(5)
The minimum requirements of any new street shall be in accordance with the specifications and procedures set forth in the New Jersey State Highway Department Standard Specifications (1983) and all addenda or revisions thereto.
(6)
Whenever curbing and guttering are required under this chapter, it shall be constructed in a manner approved by the Borough Engineer. If concrete, the curbing and gutters shall meet the following specifications:
(a)
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.
(b)
Expansion joints shall be provided at intervals of 20 feet.
(c)
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 one and one-half (1/2) inches.
(d)
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. (See Plate 4 as attached.[6])
[1]
The top of the curb shall be six inches in width.
[2]
The rear of the curb shall be 12 inches in height.
[3]
The width of the curb at the gutter elevation shall be seven inches.
[4]
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.
[5]
All exposed edges shall be rounded with a radius of 3/4 inch to one inch.
[6]
Editor's Note: Plate 4 is included as an attachment to this chapter.
(e)
Openings for driveway access shall be in such width as shall be determined by the Borough 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 one and one-half (1 1/2) inches extend above the finished 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 one and one-half (1 1/2) inches.
(7)
All work shall be inspected through the course of construction by the Borough Engineer or his duly authorized representative who shall be notified 48 hours in advance before any work is started or completed.
A.
General design considerations.
(1)
The drainage system of a proposed development, subdivision or site plan shall be adequate to carry off and/or store the stormwater and natural drainage water which originates not only within the property boundaries, but also that which originates from the total natural watershed surrounding the property in question. All structures must be so located, and the site must be graded, and adequate drainage facilities must be installed, where necessary, to prevent the pooling of the surface drainage water within 20 feet of any part of the structure for any amount of time and to provide proper drainage for the lot.
[Amended 5-25-04 by Ord. No. 598]
(2)
The drainage system shall be designed to control the amount and rate of stormwater runoff. A general principle for major subdivision design shall be to not increase the parcel's amount or rate of stormwater runoff by the use of structural and nonstructural measures.
(3)
Whenever possible, any major development's drainage system shall be designed for the recharge of groundwater and the retention of stormwater on the site.
(4)
Provisions shall be made to limit the amount of sedimentation and other pollutants that may enter a natural watercourse as a result of the development.
(5)
Where possible, a subdivision's stormwater management design shall preserve stream channels, floodplains and wetlands in their natural condition to act as buffers against flooding and pollution.
(6)
No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems, create flooding or require the construction of additional drainage facilities in other private or public lands without proper and approved provisions being made for remedying these off-site or off-tract conditions.
(7)
All subdivisions or lands that fall within the municipal flood hazard area as established by the Municipal Flood Hazard map shall not be developed without appropriate permits.
[Amended 3-9-87 by Ord. No. 379]
B.
Specific design considerations.
(1)
For all development(s) where the average elevation of the lot, or the elevation of the building site is below the crown of the existing or proposed road, the lot shall be graded to ensure proper drainage flow away from the buildings, and to prevent the ponding of stormwater in front, side or rear yards. The following shall apply:
[Amended 5-25-04 by Ord. No. 598]
(a)
The owner and/or developer shall submit plans prepared by a New Jersey licensed engineer or surveyor showing contours and elevations at one foot intervals, demonstrating to the Zoning Office, in consultation with the Borough Engineer, that the structure(s) and site will be properly drained and that water cannot reasonably be expected to collect in the manner prohibited above. Neither a zoning permit or construction permit shall issue for such structure(s) or use until such plan is submitted and approved.
(b)
If grading or drainage facilities are necessary, such grading plan, subdivision plan and/or site plan, approved by the Planning Board and/or Borough Engineer shall specify the grading and drainage facilities to be installed, and the plans must be carried out before a certificate of occupancy for the structure may be issued and before it may be used for the intended use, unless a performance guaranty, in favor of the borough, approved by the Borough Solicitor, is posted with the borough in an amount equal to 120% of the Borough Engineer's estimate of the cost of the grading and drainage facilities, guaranteeing the completion of the improvement within six months of occupancy. Such performance guaranty shall be governed by the provisions of N.J.S.A. 40:55D-53.
(c)
Prior to the issuance of a certificate of occupancy for any structure(s) which have a grading plan, subdivision plan and/or site plan, as stated under Subsection B. above; the applicant requesting the certificate of occupancy shall provide a copy of a topographic survey of the site improvements, prepared and sealed by a New Jersey licensed engineer or surveyor, to the construction office, Zoning Officer and Borough Engineer, demonstrating that the "as-built" conditions and grading conform to the previously approved plan.
(2)
All streets shall be provided with catch basins and pipes where necessary for proper surface drainage. Dry wells are specifically prohibited as alternatives to catch basins or as a method of recharge.
(3)
The materials used for drainage facilities and appurtenances shall be in conformance with standard specifications for Road and Bridge Construction of the New Jersey Department of Transportation, 1983, and all addenda. The technique for calculations and design parameters shall be by the rational method for drainage sheds less than four acres and the Soil Conservation Service method for drainage sheds above four acres. The following recurrence interval parameter shall be adhered to: minor inlets, two years; low points, five years; sump inlets, 10 years; minor stream structure [50 acres or less], 10 years; major stream structures with no headwaters, 25 years; and major stream structures with maximum headwater, 100 years. Single Type B inlets shall not be designed to catch more than five and one-half (5 1/2) cubic feet per second, regardless of head, but shall not be spaced greater than 500 feet center to center. Discharge and collection systems shall not be designed for inlet head under any circumstances
(4)
Drainage structures which are located on state or county highway rights-of-way shall be approved by the State or County Highway Engineer's office, and a letter from that office indicating such approval shall be directed to the Borough Planning Board and shall be received prior to the final plat approval. Drainage structures proposed on a brook or stream with a drainage area of 1/2 square mile [320 acres] or greater shall be approved by the New Jersey Division of Water Policy and Supply, and a letter from the office shall be directed to the Planning Board Chairman.
(5)
All proposed subdivisions or developments abutting a brook or stream whose drainage area, up to and including the subdivision or development, is greater than 50 acres shall be required to secure a stream encroachment permit from the New Jersey Division of Water Policy and Supply, Bureau of Floodplain Management, prior to the authorization of final approval. Furthermore, a copy of the permit shall be forwarded to the Planning Board and shall be attached to the final engineering plans of same.
(6)
Road drainage. The use of swales for road drainage purposes may be permitted at the discretion of the Borough Planning Board, provided that the subdivision is under 20 lots, the minimum lot size is greater than one acre, and that the grade does not exceed 6% nor is less than one-half of one percent (1/2 of 1%). In subdivisions with more than 20 lots, swales may only be permitted along roads in which reverse frontage has been provided. Where these conditions are not met or where drainage conditions warrant, curbing and guttering shall be required along all existing and proposed streets. In minor subdivisions, curbing and guttering may be required where drainage or traffic conditions warrant or when the subdivision is in proximity to existing curbed and guttered areas.
(7)
Land drainage. All surface drainage shall be piped unless the developer demonstrates that the use of swales is a more appropriate form of conveyance, to the satisfaction of the Borough Planning Board. The use of swales shall not be permitted where the adjacent lot sizes on the same tract are 25,000 square feet or less.
(8)
Swales, where permitted, shall be designed according to the following standards:
(a)
Swales shall have a parabolic or trapezoidal shape.
(b)
Side slopes of a swale along a road shall not be steeper than four to one (4:1) adjacent to the road and two to one (2:1) on the slope away from the road. Side slopes of swales not along a road shall not exceed three to one (3:1).
(c)
Trees, brush and stumps, as well as other objectionable material, are to be cleared and disposed of so as not to interfere with construction or proper functioning of the waterway.
(d)
Separate areas filled are to be compared as needed to prevent unequal settlement that will cause damage in the completed waterway.
(e)
Waterways and outlets shall be protected against erosion by vegetative means as soon after construction as practical before diversions or other channels are outlasted into them. Seeding, fertilizing, mulching and sodding shall be in accordance with the applicable standards as determined by the Soil Conservation Service of the State of New Jersey.
(9)
Storm sewer pipe shall be installed in accordance with proper engineering practices and shall be designed according to the following standards:
(a)
The pipe shall be concrete or aluminum as required by the Borough Engineer. Nonreinforced-concrete pipe shall conform to A.A.S.H.O.M. - 86 for specified diameter and strength class. Reinforced-concrete pipe shall conform to A.A.S.H.O.M. - 170 for specified diameter and strength class. Aluminum alloy pipe shall conform to A.A.S.H.O.M. - 197 for specified diameter and strength.
(b)
All drainage pipes shall have a minimum diameter of 15 inches. The pipe shall be laid in straight alignment, between manholes. All transitions in slope, change of direction or pipe size shall be confined to manholes, catch basins or other accessible structure.
(c)
The size of the pipe, slope and invert elevations shall be submitted on a final drainage plan.
(d)
In those areas where the groundwater elevation is such that roadway subbase instability could occur from same, the Borough Engineer shall reserve the right to require extra-strength porous concrete pipe in lieu of either reinforced-concrete or corrugated-aluminum storm sewer conduit for the purpose of adequately underdraining the surrounding soil and stabilizing the affected subbase.
(e)
Slotted drain pipe shall not be permitted except if approved by the Borough Engineer.
(10)
Where a subdivision is traversed by a watercourse, surface or subsurface drainageway, channel or stream, or a subdivision proposes the creation of such surface or subsurface drainageways, there shall be provided and dedicated a drainage right-of-way easement to the borough. The width of the drainage easement required shall be determined by the Borough Engineer based upon the width needed to accommodate future stormwater runoff and to allow sufficient area for maintenance or construction activities. A minimum width of all drainage easements shall be 40 feet or 20 feet from the edge of the watercourse.
(11)
Detention basins shall be designed in accordance with the following criteria:
(a)
Inflow Q shall be designed for a twenty-five-year recurrence interval under full development conditions within the subdivisions.
(b)
Outflow Q shall be designed based on the capacity of the nearest downstream drainage structure, and it shall not be more than the ten-year recurrence interval under full development conditions within the subdivision.
(c)
All detention basins shall have a minimum freeboard of one foot above the design high-water level and shall likewise have an emergency spillway capable of discharging flow from a design storm with a recurrence interval of 100 years. Where the depth of high water in any basin exceeds two feet, then a fence of minimum height of eight feet and made of approved material shall be required.
(d)
Detention basins are not permitted where soils have a percolation rate of less than five minutes per inch or more than 60 minutes per inch.
(12)
Retention basins shall be designed in accordance with the following criteria:
(a)
Inflow Q shall be designed as required for detention basins.
(b)
Outflow Q shall not be considered for any basin whose soil percolation rate is in excess of six minutes per inch.
(c)
The bottom elevation of all retention basins shall be a minimum of two feet above the seasonal high-water table. Overflow and freeboard design shall be as previously specified for detention basins. Fencing requirements shall likewise be as previously specified for detention basins.
(d)
The preferred side slope of the banks for either detention or retention basins shall be a five-to-one ratio with a minimum acceptable ratio of three-to-one (3:1) if conditions do not permit.
(e)
Retention basins are not permitted where soils have a percolation rate of less than five minutes per inch or more than 60 minutes per inch.
(13)
Collection basis. The collection basis shall be designed in accordance with the rational method expressed as the equation:
Q = AIR
Where
Q = Volume of runoff in cubic feet per second.
A = The contributory drainage area, in acres, both within and outside the boundary of the subdivision.
R = Rainfall intensity. A minimum intensity of 2.75 shall be used.
I = Coefficient of runoff applicable to the drainage area. It shall consider the soil character, slope of area and degree of ultimate development as determined by current zoning. In general, the values of the runoff coefficient will fall within the following ranges. For composite areas of various classifications, the coefficient for the predominate area shall be used for all calculations.
Classification | Coefficient |
|---|---|
Parklands, golf courses, etc. | 0.15 to 0.30 |
Densities below 1 dwelling unit per acre | 0.30 to 0.50 |
Densities of 2 dwelling units per acre and above | 0.50 to 0.70 |
Commercial and industrial | 0.70 to 0.90 |
(14)
Flow design criteria.
(a)
Velocity of flow shall be determined by Manning's formula:
V | = | 1.486R2/3 | x | S1/2 |
_________ | ||||
N |
Where
R = Hydraulic radius of conduit or area of stream divided by wetter perimeter.
S = Slope of hydraulic grade line or, for open channels or ditches, the slope of the water surface.
n = The coefficient of friction.
(b)
Acceptable values of "n" are:
[1]
Fifteen-thousandths (0.015) for circular cross section, nonporous concrete pipe.
[2]
Fifteen-thousandths (0.015) for pipes 18 inches or smaller in diameter and concrete-lined ditches.
[3]
Twenty-five thousandths (0.025) for clear unlined ditches.
[4]
Three hundredths to 0.15 for fair-to-poor natural streams and watercourses.
(c)
Other cross sections of pipe materials shall have commensurate friction factors as may be approved by the Borough Engineer.
(d)
Permissible design velocities for open channel ditches shall be as follows:
Material | Velocity (feet per second) |
|---|---|
Fine sand to loam | 2.5 to 3.5 |
Clay to hardpan | 3.75 to 6.0 |
Concrete lined | 15 |
Pipe | 3* |
*NOTE: Minimum design velocity at flowing-full condition shall be three feet per second. Pipes shall be considered flowing full at maximum capacity. |
[Amended 3-28-06 by Ord. No. 2006-618; 2-23-2021 by Ord. No. 2021-2; amended in its entirety 4-9-2024 by Ord. No. 2024-3]
[Added 4-9-2024 by Ord. No. 2024-3]
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 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.
B.
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in § 67-97.1.2.
C.
Applicability.
(1)
This section shall be applicable to the following major developments:
(a)
Nonresidential major developments and redevelopment projects; and
(b)
Aspects of residential major developments and redevelopment projects that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21 et seq.
(c)
Any development that exceeds the impervious coverage limits of the subject zone (that is not an existing nonconformity as of the adoption of this section).
(2)
This section shall also be applicable to all major developments undertaken by the Borough of Woodstown, Salem County, NJ.
(3)
Applicability of this section to major developments shall comply with last amended N.J.A.C. 7:8-1.6, incorporated herein by reference.
D.
Compatibility with other permit and ordinance requirements.
(1)
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.
(2)
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.
[Added 4-9-2024 by Ord. No. 2024-3]
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.
[Added 4-9-2024 by Ord. No. 2024-3]
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.
[Added 4-9-2024 by Ord. No. 2024-3]
A.
Site design features identified under § 67-97.1.3 above, or alternative designs in accordance with § 67-97.1.3 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 § 67-97.1.4A(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 seven 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.
[1]
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.
(c)
For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.
(2)
The standard in § 67-97.1.4A(1) above does not apply:
(a)
Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than nine square inches;
(b)
Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified in 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:
[1]
A rectangular space four and five-eighths (4.625) inches long and one and one-half (1.5) inches wide (this option does not apply for outfall netting facilities); or
[2]
A bar screen having a bar spacing of 0.5 inches.
Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).
(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.
[Added 4-9-2024 by Ord. No. 2024-3]
A.
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.
B.
Safety ledge illustration.
Elevation View-Basin Safety Ledge Configuration  |
[Added 4-9-2024 by Ord. No. 2024-3]
A.
Submission of site development stormwater plan.
(1)
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at § 67-97.1.6C below as part of the submission of the application for approval.
(2)
The applicant shall demonstrate that the project meets the standards set forth in this section.
(3)
The applicant shall submit 15 copies of the materials listed in the checklist for site development stormwater plans in accordance with 67-97.1.6C of this section.
B.
Site Development Stormwater Plan Approval. The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.
C.
Submission of site development stormwater plan. The following information shall be required:
(1)
Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and manmade 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 § 67-97.1.3 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.
(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 § 67-97.1.3 of this section.
(b)
When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on-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 § 67-97.1.7.
(8)
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in § 67-97.1.6C(1) through 67-97.1.6C(6) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
[Added 4-9-2024 by Ord. No. 2024-3]
A.
Applicability. Projects subject to review as in § 67-97.1.1C of this section shall comply with the requirements of § 67-97.1.7B and 67-97.1.7C.
B.
General maintenance.
(1)
Maintenance for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5.8, incorporated herein by reference.
(2)
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:
(a)
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
(b)
Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.
(3)
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, stormwater coordinator or their 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.
(4)
An annual report shall be submitted to the Department of Public Works, by the responsible party, attesting to the continued maintenance and functioning of the stormwater facilities. The property owner and responsible party shall allow a Municipal representative to enter upon the property for yearly inspection of stormwater facilities as scheduled at least 72 hours ahead of time. The responsible party shall have a copy of the Maintenance plan and a log of inspection, regular maintenance and remedial actions available at the site for the Municipal representative to review. In the case of an emergency, the Municipal representative shall be allowed immediate access without notice.
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.
[Added 4-9-2024 by Ord. No. 2024-3]
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 penalties listed in the Woodstown Code § 67-120C.
[Added 4-9-2024 by Ord. No. 2024-3]
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.
[Added 4-9-2024 by Ord. No. 2024-3]
This § 67-97.1 may be renumbered for codification purposes.
[Added 4-9-2024 by Ord. No. 2024-3]
This § 67-97.1 shall be in full force and effect from and after its adoption and any publication as required by law.
[Added 6-9-2025 by Ord. No. 2025-14]
[Added 6-9-2025 by Ord. No. 2025-14]
The purpose of this section is to require the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Borough of Woodstown to protect the environment, public health, safety and welfare, and to prescribe penalties for failure to comply. Installation of all new storm drain inlets must include a catch basin or other BMP designed for solids collection in areas which drain to surface waters and that do not have any other downstream BMPs prior to the surface water discharge.
[Added 6-9-2025 by Ord. No. 2025-14]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When consistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Woodstown or other public body, and is designed and used for collecting and conveying stormwater.
Means any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
Means the point of entry into the storm sewer system.
[Added 6-9-2025 by Ord. No. 2025-14]
A.
No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
B.
The below design standard applies to the following types of storm drain inlet retrofit projects unless a more stringent standard is specified by the municipality's Stormwater Control Ordinance:
(1)
Privately owned or operated storm drain inlets (e.g., condominium association) must be retrofitted where the storm drains are:
(a)
In direct contact with any repaving, repairing (excluding individual pothole repair), or resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen); or
(b)
In direct contact with any reconstruction or alteration of facilities. This does not include single-family homes.
C.
Grates in pavement or other ground surfaces shall meet either of the following standards:
(1)
The New Jersey Department of Transportation (NJDOT) bicycle-safe grate standards described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (see www.state.nj.us/transportation/about/publicat/pdf/BikeComp/introtofac.pdf); or
(2)
A grate where each individual clear space in that grate has an area of no more than 7.0 square inches or is not 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 basin floors used to collect stormwater from the surface into a storm drain or surface water body.
(b)
For curb-openings inlets, including curb-opening inlets in combination inlets, the clear space in the 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.
[Added 6-9-2025 by Ord. No. 2025-14]
The following exemptions from the design standard apply:
A.
Where each individual clear space in the curb opening in existing curb-opening inlets does not have an area of more than 9.0 square inches;
B.
Where the review agency determines 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., 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:
(1)
A rectangular space 4 5/8 inches long and 1 1/2 inches wide; or
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 Department 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 the standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
[Added 6-9-2025 by Ord. No. 2025-14]
This section shall be enforced by the Police Department or the Zoning Official of the Borough of Woodstown.
[Added 6-9-2025 by Ord. No. 2025-14]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $1,000 for each storm drain inlet that is not retrofitted to meet the design standard.
[Added 6-9-2025 by Ord. No. 2025-14]
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.
[Added 3-9-10 by Ord. No. 2010-3]
A.
Purpose and statutory authority. The purpose of this section is to designate riparian zones, and to provide for land use regulation therein in order to protect the streams, lakes, and other surface water bodies of the Borough of Woodstown in order to provide compliance with N.J.A.C. 7:15-5.25(g)3 which requires municipalities to adopt an ordinance that prevents new disturbance for projects or activities in riparian zones. Authority is provided or limited as follows:
(1)
Compliance with the riparian zone requirements of this section does not constitute compliance with the riparian zone or buffer requirements imposed under any other federal, state or local statute, regulation or ordinance.
(2)
Land use regulation powers given to the Borough of Woodstown under the provisions of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., which authorizes each municipality to plan and regulate land use in order to protect public health, safety, and welfare through the protection and maintenance of native vegetation in riparian areas. The Borough of Woodstown is also empowered to adopt and implement this section under provisions provided by the following legislative authorities of the State of New Jersey.
(a)
Water Pollution Control Act, N.J.S.A. 581 OA-1 et seq.
(b)
Water Quality Planning Act, N.J.S.A. 58:11A-i et seq.
(c)
Spill Compensation and Control Act, N.J.S.A. 58:10-23 et seq.
(d)
Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
(e)
Flood Hazard Area Control Act, N.J.S.A. 58:16A-50 et seq.
B. ACID PRODUCING SOILS APPLICANT CATEGORY ONE WATERS OR C1 WATERS INTERMITTENT STREAM LAKE, POND, OR RESERVOIR PERENNIAL STREAM RIPARIAN ZONE SPECIAL WATER RESOURCE PROTECTION AREA OR SWRPA SURFACE WATER BODY(IES) THREATENED OR ENDANGERED SPECIES TROUT MAINTENANCE WATER TROUT PRODUCTION WATER
Definitions.
Soils that contain geologic deposits of iron sulfide minerals (pyrite and maracasite) which, when exposed to oxygen from the air or from surface waters, oxidize to produce sulfuric acid. Acid producing soils, upon excavation, generally have a pH of 4.0 or lower. After exposure to oxygen, these soils generally have a pH of 3.0 or lower. Information regarding the location of acid producing soils in New Jersey can be obtained from local Soil Conservation District offices.
A person, corporation, government body or other legal entity applying to the Planning Board, Board of Adjustment or the Construction Office proposing to engage in an activity that is regulated by the provisions of this section, and that would be located in whole or in part within a regulated riparian zone.
Shall have the meaning ascribed to this term by the Surface Water Quality Standards, N.J.A.C. 7:9B, for purposes of implementing the antidegradation policies set forth in those standards for protection from measurable changes in water quality characteristics because of their clarity, color, scenic setting, and other characteristics of aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, or exceptional fisheries resources.
A surface water body with definite bed and banks in which there is not a permanent flow of water and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h) CI waters as shown on the USGS quadrangle map or in the County Soil Surveys.
Any surface water body shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the cause of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), CI waters as shown on the USGS quadrangle map or in the County Soil Surveys, that is an impoundment, whether naturally occurring or created in whole or in part by the building of structures for the retention of surface water. This excludes sedimentation control and stormwater retention/detention basins and ponds designed for treatment of wastewater.
A surface water body that flows continuously throughout the year in most years and shown on the New Jersey Department of Environmental Protection Geographic Information System (GIS) hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), Cl waters as shown on the USGS quadrangle map or in the County Soil Surveys.
The land and vegetation within and directly adjacent to all surface water bodies including, but not limited to lakes, ponds, reservoirs, perennial and intermittent streams, up to and including their point of origin, such as seeps and springs, as shown on the New Jersey Department of Environmental Protection's GIS hydrography coverages or, in the case of a Special Water Resource Protection Area (SWRPA) pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h), Cl waters as shown on the USGS quadrangle map or in the County Soil Surveys. There is no riparian zone along the Atlantic Ocean nor along any manmade lagoon or oceanfront barrier island, spit or peninsula.
A 300 foot area provided on each side of a surface water body designated as a Cl water or tributary to a Cl water that is a perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein and shown on the USGS quadrangle map or in the County Soil Surveys within the associated HUC 14 drainage, pursuant to the Stormwater Management rules at N.J.A.C. 7:8-5.5(h).
Any perennial stream, intermittent stream, lake, pond, or reservoir, as defined herein. In addition, any regulated water under the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2, or State open waters identified in a Letter of Interpretation issued under the Freshwater Wetlands Protection Act Rules at N.J.A.C. 7:7A-3 by the New Jersey Department of Environmental Protection Division of Land Use Regulation shall also be considered surface water bodies.
A species identified pursuant to the Endangered and Nongame Species Conservation Act, N.J.S.A. 23:2A-1 et seq., the Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq. or the Endangered Plant Species List, N.J.A.C. 7:5C-5.1, and any subsequent amendments thereto.
A section of water designated as trout maintenance in the New Jersey Department of Environmental Protection's Surface Water Quality Standards at N.J.A.C. 7:9B.
A section of water identified as trout production in the New Jersey Department of Environmental Protection Surface Water Quality Standards at N.J.A.C. 7:9B.
C.
Establishment of riparian zones.
(1)
Riparian zones adjacent to all surface water bodies shall be protected from avoidable disturbance and shall be delineated as follows:
(a)
The riparian zone shall be 300 feet wide along both sides of any Category One water (C1 water), and all upstream tributaries situated within the same HUC 14 watershed.
(b)
The riparian zone shall be 150 feet wide along both sides of the following waters not designated as C1 waters:
(i)
Any trout production water and all upstream waters (including tributaries);
(ii)
Any trout maintenance water and all upstream waters (including tributaries) within one linear mile as measured along the length of the regulated water;
(iii)
Any segment of a water flowing through an area that contains documented habitat for a threatened or endangered species of plant or animal, which is critically dependent on the surface water body for survival, and all upstream waters (including tributaries) within one linear mile as measured along the length of the regulated water; and
(iv)
Any segment of a water flowing through an area that contains acid producing soils.
(c)
For all other surface water bodies, a riparian zone of 50 feet wide shall be maintained along both sides of the water.
(2)
The portion of the riparian zone that lies outside of a surface water body is measured landward from the top of bank. If a discernible bank is not present along a surface water body, the portion of the riparian zone outside the surface water body is measured landward as follows:
(a)
Along a linear fluvial or tidal water, such as a stream, the riparian zone is measured landward of the feature's centerline;
(b)
Along a nonlinear fluvial water, such as a lake or pond, the riparian zone is measured landward of the normal water surface limit;
(c)
Along a nonlinear tidal water, such as a bay or inlet, the riparian zone is measure landward of the mean high water line; and
(d)
Along an amorphously-shaped feature such as a wetland complex, through which water flows but which lacks a discernible channel, the riparian zone is measured landward of the feature's centerline.
(3)
The applicant or designated representative shall be responsible for the initial determination of the presence of a riparian zone on a site, and for identifying the area on any plan submitted to the Borough of Woodstown in conjunction with an application for a construction permit, subdivision, land development, or other improvement that requires plan submissions or permits. The initial designation of the presence of a riparian zone must be made by a person qualified in the designation of riparian lands. This initial determination shall be subject to review and approval by the municipal engineer, governing body, or its appointed representative, and, where required, by the New Jersey Department of Environmental Protection.
D.
Exceptions.
(1)
The following new disturbances for projects or activities in riparian zones are excepted:
(a)
Redevelopment within the limits of existing impervious surfaces, or
(b)
New disturbance in the riparian zone necessary to protect public health, safety or welfare, to provide an environmental benefit, to prevent extraordinary hardship on the property owner peculiar to the property, or to prevent extraordinary hardship, provided the hardship was not created by the property owner, that would not permit a minimum economically valuable use of the property based upon reasonable investment.
(c)
New disturbance on property owned by the Borough of Woodstown or the Woodstown Sewerage Authority[1] or any entity of the Borough of Woodstown making a new disturbance on municipally owned property or on behalf of the Borough of Woodstown.
(d)
An exception to any of the disturbances listed in Subsection D(1)(a) above shall be granted by the Borough Engineer upon proof by virtue of submission of appropriate maps and drawings, that the proposed redevelopment is within the limits of impervious surfaces that existed at the time of passage of this section and shall be in conformance with the Stormwater Management Rules, N.J.A.C. 7:8, and the Flood Hazard Area Control Act Rules, N.J.A.C. 7:13.
(e)
For all riparian zones an exception to any of the disturbances listed in Subsection D(1)(b) above shall be granted by the Planning Board upon proof by virtue of submission of appropriate maps, drawings, reports and testimony, that the disturbance protects public health, safety or welfare; provides an environmental benefit; prevents extraordinary hardship on the property owner peculiar to the property; or prevents extraordinary hardship, provided the hardship was not created by the property owner, that would not permit a minimum economically viable use of the property based upon reasonable investment. Hardship variances may be granted by the Planning Board in cases of a preexisting lot (existing at the time of adoption of this section) when there is insufficient room outside the riparian zone for uses permitted by the underlying zoning and there is no other reasonable or prudent alternative to placement in the riparian zone, including obtaining variances from setback or other requirements that would allow conformance with the riparian zone requirements.
E.
Adjustments.
(1)
Adjustments to the riparian zones established by this section are allowed to the extent they comply with the Stormwater Management Rules (N.J.A.C. 7:8), the Flood Hazard Area Control Act Rules (N.J.A.C. 7:13), and the Highlands Water Protection and Planning Act Rules (N.J.A.C. 7:38), and shall be subject to review and approval by the New Jersey Department of Environmental Protection unless exempt. The following adjustments to riparian zones are allowed:
(a)
The proposed disturbance in a riparian zone is for a linear development with no feasible alternative route. If the riparian zone is associated with Category One waters, the linear development must also meet the requirements for Special Water Resource Protection Areas under the Stormwater Management rules at N.J.A.C. 7:8-5.5(h);
(b)
The proposed disturbance in a riparian zone is in accordance with a stream corridor restoration or stream bank stabilization plan or project approved by the New Jersey Department of Environmental Protection;
(c)
The proposed disturbance of a riparian zone is necessary to provide pedestrian access or water dependent recreation that meets the requirements of the Freshwater Wetlands Protection Act rules, N.J.A.C. 7:7A, the Flood Hazard Area Control Act rules, N.J.A.C. 7:13, or the Coastal Zone Management rules, N.J.A.C. 7:7E; or
(d)
The proposed disturbance of a riparian zone is required for the remediation of hazardous substances performed with New Jersey Department of Environmental Protection or Federal oversight pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11a et seq. or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. § 9601 et seq.
F.
Appeals procedures, conflicts and severability.
(1)
Any party aggrieved by the location of the riparian zone boundary determination under this section may appeal to the Borough Engineer under the provisions of this section. The party contesting the location of the riparian zone boundary shall have the burden of proof in case of any such appeal.
(2)
Any part aggrieved by any determination or decision of the Borough Engineer under this section may appeal to the Mayor and Council of the Borough of Woodstown. The party contesting the determination or decision shall have the burden of proof in case of any such appeal.
(3)
Conflicts. All other ordinances, parts of ordinances, or other local requirements that are inconsistent or in conflict with this section are hereby superseded to the extent of any inconsistency or conflict, and the provisions of this section apply.
(4)
Severability.
(a)
Interpretation. This section shall be so construed as not to conflict with any provision of New Jersey or federal law.
(b)
Notwithstanding that any provision of this section is held to be invalid or unconstitutional by a court of competent jurisdiction, all remaining provisions of the section shall continue to be of full force and effect.
(c)
The provisions of this section shall be cumulative with, and not in substitution for, all other applicable zoning, planning and land use regulations.
G.
Enforcement.
(1)
Prompt investigation shall be made by the appropriate personnel of Woodstown Borough, of any person or entity believed to be in violation hereof. If, upon inspection, a condition which is in violation of this section is discovered, a civil action in the Special Part of the Superior Court, or in the Superior Court, if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, by the filing and serving of appropriate process. Nothing in this section shall be construed to preclude the right of Woodstown Borough, pursuant to N.J.S.A. 26:3A2-25 to initiate legal proceedings hereunder in Municipal Court. The violation of any section or subsection of this section shall constitute a separate and distinct offense independent of the violation of any other section or subsection, or of any order issued pursuant to this section. Each day a violation continues shall be considered a separate offense.
[Added 3-9-10 by Ord. No. 2010-4]
A.
Purpose. The purpose of this section is to regulate the intensity of use in areas of steeply sloping terrain in order to limit soil loss, erosion, excessive stormwater runoff, the degradation of surface water and to maintain the natural topography and drainage patterns of land.
B.
Background. Disturbance of steep slopes results in accelerated erosion processes from stormwater runoff and the subsequent sedimentation of water bodies with the associated degradation of water quality and loss of aquatic life support. Related effects include soil loss, changes in natural topography and drainage patterns, increased flooding potential, further fragmentation of forest and habitat areas, and compromised aesthetic values. It has become widely recognized that disturbance of steep slopes should be restricted or prevented based on the impact disturbance of steep slopes can have on water quality and quantity, and the environmental integrity of landscapes.
C.
Applicability. This section shall be applicable to new development or land disturbance on a steep slope within the Borough of Woodstown.
D. DISTURBANCE IMPERVIOUS SURFACE REDEVELOPMENT STEEP SLOPES
Definitions.
The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.
Any structure, surface, or improvement that reduces or prevents absorption of stormwater into land, and includes porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated structures, and other similar structures, surfaces, or improvements.
The construction of structures or improvements on areas which previously contained structures or other improvements.
Any slope equal to or greater than 20% as measured over any minimum run of 10 feet. Steep slopes are determined based on contour intervals of two feet or less.
E.
Designation of areas. The percent of slope (rise in feet per horizontal distance) shall be established by measurement of distance perpendicular to the contour of the slope. The percent of slope shall be calculated for each two-foot contour interval. For example, any location on the site where there is a one-foot rise over a 10-foot horizontal run constitutes a 10% slope; a 1.5 foot rise over a 10-foot horizontal run constitutes a 15% slope; a two-foot rise over a 10-foot horizontal run constitutes a 20% slope.
F.
Steep slope limits. For steep slopes any disturbance shall be prohibited except as provided below:
(1)
Redevelopment within the limits of existing impervious surfaces; and
(2)
New disturbance necessary to protect public health, safety or welfare, such as necessary linear development with no feasible alternative; to provide an environmental benefit, such as remediation of a contaminated site; to prevent extraordinary hardship on the property owner peculiar to the property: or to prevent extraordinary hardship, provided the hardship was not created by the property owner, that would not permit a minimum economically viable use of the property based upon reasonable investment. For example, redevelopment, within the footprint of existing impervious cover should be allowed to support efforts to revitalize development that has fallen into disrepair.
The applicant shall demonstrate through site plans depicting proposed development and topography that new disturbance is not located in areas with 20% or greater slope.
G.
Conflicts and severability.
(1)
Conflicts. All other ordinances, parts of ordinances, or other local requirements that are inconsistent or in conflict with this section are hereby superseded to the extent of any inconsistency or conflict, and the provisions of this section apply.
(2)
Severability.
(a)
Interpretation. This section shall be so construed as not to conflict with any provision of New Jersey or federal law.
(b)
Notwithstanding that any provision of this section is held to be invalid or unconstitutional by a court of competent jurisdiction, all remaining provisions of the section shall continue to be of full force and effect.
(c)
The provisions of this section shall be cumulative with, and not in substitution for, all other applicable zoning, planning and land use regulations.
H.
Enforcement, violation and penalties. A prompt investigation shall be made by the appropriate personnel of the Borough of Woodstown, of any person or entity believe to be in violation hereof. If, upon inspection, a condition which is in violation of this section is discovered, a civil action in the Special Part of the Superior Court, or in the Superior Court, if the primary relief sought is injunctive or if penalties may exceed the jurisdictional limit of the Special Civil Part, by the filing and serving of appropriate process.
Nothing in this section shall be construed to preclude the right of the Borough of Woodstown, pursuant to N.J.S.A. 26:3A2-25, to initiate legal proceedings hereunder in Municipal Court.
The violation of any section or subsection of this section shall constitute a separate and distinct offense independent of the violation of any other section or subsection, or of any order issued pursuant to this section. Each day a violation continues shall be considered a separate offense.
I.
Effective date. This section shall take effect upon final adoption and publication in accordance with the law.
B.
Insofar as practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
C.
Where additional right-of-way has been required to bring existing right-of-ways up to standard, lots shall begin at the proposed right-of-way line, and all setbacks shall be measured from that line.
D.
For proper development of the land within the borough, lots shall have an average length no greater than 250% of the average width, except where the width exceeds three times the zoning requirement.
E.
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 percolation tests or test borings show the ground conditions to be inadequate for proper on-lot sewage treatment, the Planning Board may, after adequate investigation, withhold approval of such lots. If approval is withheld, the Planning Board shall specify the reasons for such denial in the minutes.
The important natural features of a site shall be preserved in the design of all subdivisions. Natural features which shall be protected include the natural terrain, wetlands, wooded areas, vistas, natural drainageways and lakes. A developer shall only be permitted to significantly alter or encroach on the existing natural features if the Planning Board is convinced that the alteration is the minimum necessary to allow the use of the land for the intended purpose and that there is no alternative to the subdivision design which would eliminate or mitigate any adverse impact on natural features.
A.
The clearing of woodland shall be strictly controlled. The stripping of trees from a lot and the filling, or the alteration of the water table in wooded areas shall be prohibited except if an extensive replacement tree planting program has been approved by the Borough Planning Board. All subdivisions and developments shall be designed to have minimal impact on existing woodland. The siting of structures shall be such as to preserve the maximum number of trees over 15 inches in diameter and all trees over 24 inches in diameter.
B.
Shade trees. In all major subdivisions, shade trees shall be provided along the road frontage. Two trees properly planted, staked and fertilized 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. All shade trees shall meet the following requirements:
(1)
Trees shall be a deciduous variety (oak and hard maple) native to the area and shall be approved by the Planning Board.
(2)
Trees shall be nursery grown and shall have a minimum caliper of one and one-half (1 1/2) inches measured three feet above the ground.
(3)
Trees shall be planted where required by the Planning Board in a planting strip 10 feet from the edge of the shoulder when the road has been designed according to the approved cross sections.
No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed within the subdivision so as to provide at least four inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting.
A.
A pedestrian circulation system shall be provided for all major subdivisions over 20 lots and may be required whenever an interior street system is utilized. The system shall include sufficient sidewalks and interior walkways to provide safe pedestrian movement between residential units and to provide access to environmental amenities, recreation areas and other forms of pedestrian attraction within, adjacent to, or in close proximity [1/2 mile] of the site. The circulation system shall connect with any existing or proposed adjacent developments and may or may not be related to the street system. The Borough Planning Board shall review and approve the proposed circulation system.
B.
In all minor and major subdivisions, sidewalks shall be required along both sides of roads classified as Borough collectors or county-local roads.
[Amended 6-14-2022 by Ord. No. 2022-6]
E.
Construction. Where required, sidewalks shall be set back three feet from the edge of the improved road and shall be four feet wide and four inches in thickness. Sidewalks shall be concrete or an equivalent approved by the Planning Board and shall be constructed in accordance with the specifications of the New Jersey State Highway Department. Walkways within the open space reserved under the cluster option shall be limited in scale and shall be composed of material compatible with the natural character of the area.
[Amended 5-9-06 by Ord. No. 2006-632]
Street lighting shall be provided in accordance with the recommendations of the Borough Engineer and in compliance with Chapter 71 of the Municipal Code. Adequate lighting shall be provided at all intersections and along all roads classified as borough collectors. The developer shall pay to the borough the costs of operation of said streetlights (as determined by the standard rates of the utility) until the street upon which said streetlights are installed as accepted by the Borough Council as a public street.
A.
All public services shall be connected to an approved public utilities system, where one exists. Prior to the granting of final approval, the subdivider shall submit three copies of a final plat showing the installed location of these utilities, as well as a written instrument from each serving utility which shall indicate compliance with this section.
B.
For all major subdivisions, the subdivider shall arrange with the serving utility for the underground installation of the utilities distribution supply lines and service connections. Service connections shall be made underground for all minor subdivisions whenever the supply lines that serve the lands are 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.
C.
In large-scale development, easements along rear or side property lines may be required. Such easements shall be at least 20 feet wide and to the extent possible, be centered on or adjacent to rear or side lot lines.
[Added 11-10-1993 by Ord. No. 466]
Any residential development which shall contain three or more dwelling units contained within a single structure or located on a single tax lot shall have a designated recycling area located for the use of its occupants to collect and store separated recyclable materials in accordance with the following guidelines:
A.
The designated recycling area shall be located outdoors to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the multifamily housing is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator and shall be consistent with the municipal recycling plan.
B.
The recycling area shall be conveniently located for use of the occupants of the subject multifamily housing. Preferably, the recycling area shall be near, however, clearly separated from that area located for refuse.
C.
The recycling area shall be well lit, safely and easily accessible by the occupants and recycling personnel and vehicles responsible for collection. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area and the bins or containers placed therein against theft or recyclable materials, bins or containers.
D.
The recycling area or the bins or containers placed therein shall be designed for durability and to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any containers used for recyclable paper products shall be equipped with a lid or otherwise covered so as to keep the paper products dry.
E.
Durable and permanent signs shall be located at the recycling area designating the materials to be accepted and the regular collection days of the week. The individual bins or containers located in the recycling area shall be clearly and durably marked to show the materials that are to be placed therein.
F.
Aesthetically pleasing landscaping and/or fencing shall be provided around the recycling area.
Street signs shall be metal posts of the type, design and standards utilized elsewhere in the borough. The location of the street signs shall be determined by the Planning Board, but there shall be at least two street signs at each intersection. All street signs shall be located free of visual obstruction.
Monuments shall be installed in compliance with the requirements of N.J.S.A. 46:23-9.11q. All lot corners shall be marked with a durable metal-alloy pin.
[Added 7-13-04 by Ord. No. 601]
A.
Map.
(1)
A map and accompanying text shall identify sites and describe their type, physical accessibility and availability for the public use of recreation facilities and services within two miles of the site, including but not limited to the following: waterways, beaches, wetlands, marinas, boat docks and launching platforms, playgrounds, parks, forests, natural areas, tennis courts, swimming pools and bikeways etc. The extent of existing use and of unused capacity of these facilities shall also be indicated based upon the anticipated schedule of development.
(2)
The relationship of the outlying recreational facilities and the utility to the needs of the proposed project shall be clearly documented with respect to demand and supply considerations.
B.
Open space and recreation plan.
(1)
The proposed location, type and quantity of open space provided by the applicant at the site shall be classified and described. The proposed location, type and quantity of areas and structures provided by the applicant for on-site active and passive indoor and outdoor recreation shall be classified and described. The applicant shall discuss how the open space and recreation areas are to be maintained. The applicant shall demonstrate how the proposed open space and recreation system links with, enhances or expands upon the contiguous or adjacent open space and recreation areas and specify how the public's access to open space and recreation system is assured, either through public ownership, dedicated land or other suitable mechanisms.
(2)
Common open space shall be dedicated to public ownership or restricted by an open space easement or by private deed restrictions running in favor of the residents of the development and the borough.
(a)
If open space is not dedicated to public ownership, responsibility for maintaining common space shall lie with the developer, a homeowners association or similar entity.
(b)
The controlling entity shall be responsible for maintenance and provide adequate funding through a system of fees assessed against residents of the development.
(3)
The recreational plan shall present a detailed breakdown of recreational activities for the population of the proposed project by age groups and sex. Such plan shall indicate both the recreational uses and the seasonal uses.
(4)
All recreation areas and facilities shall be designed in accordance with the New Jersey Department of Environmental Protection publication; Administrative Guidelines: Barrier Free Design Standards for Parks and Recreational Facilities.
C.
General requirements.
(1)
Prior to preliminary approval, the applicant shall submit, for review by the Borough Planner and Engineer, manufacturer's descriptive data and supporting information for all proposed park and recreation equipment and playground apparatus.
(2)
In the designation of common open space areas, consideration shall be given to providing for continuity of open space between sections of a development and between open space within a development and open space on adjacent lands. Open space shall be distributed throughout the development so that there is a hierarchy of activities from preservation areas to passive open space adjacent to and between each residential cluster. Designating all open space in one portion of a development is discouraged.
(3)
Usable recreation space should be provided for active recreation within one-quarter (1/4) mile of all units. Part of this recreation component may consist of a lake, wet basin and/or pond having a permanent water level. Any larger preservation spaces shall be contiguous to and directly related to dwelling structures. Usable recreation space may be improved with facilities for swimming pools, tot lots, playgrounds and quiet outdoor sports such as, but not limited to, tennis, paddle tennis, golf, baseball, basketball, soccer, lacrosse and the like and accessory buildings such as clubhouses and pavilions. The approving authority shall have complete and final determination as to the adequacy, usefulness and functionality of lands set aside for open spaces.
(4)
Recreational facilities shall be operated for the benefit of the residents of the development. They shall not be commercial enterprises open to anyone who pays a fee.
(5)
Common open space for recreation purposes shall be provided in all major subdivisions and residential site plans in an amount of 0.02 acres per dwelling unit plus 5% of the gross site area for undeveloped recreation. The developer shall improve this area for active and passive recreation as specified herein. Plans for the improvement of this recreation area shall be an integral component of any preliminary plat and final construction drawings for any major subdivision or residential site plan.
(6)
The common open space shall be easily accessible from all parts of the development. In no case shall areas of floodplain, buffer, wetland or any regulated area in which development is prohibited, be counted for the required open space.
(7)
Notwithstanding the minimum area requirements for open space and recreation, as required by Zoning Section 67-57.1, such open space areas shall be developed with appropriate recreational facilities sufficient to meet the needs of the residents of the proposed development. These areas shall provide recreational opportunities for residents of all proposed residential developments within the borough.
(8)
Where feasible, the common open space shall connect to existing borough park, recreation or conservation lands or connect into an adjacent planned development's common open space. Public pedestrian and/or bicycle paths shall be included in the open space whenever feasible and shall be designed to connect into a larger scale borough system if applicable or feasible.
(9)
There should be a close visual and physical relationship between open space and as many dwelling units as is reasonably possible. Open space areas should weave between dwelling units generally respecting a minimum width of 50 feet and periodically widening out into significant and usable recreation areas.
D.
Open space and recreation guidelines.
(1)
An effective open space system should connect a number of diverse recreational activity areas with adequate pedestrian pathways and auto/bicycle access for the residents it is intended to serve. The open space contained in a development should provide direct access to as many of the homes as possible. Developed open space generally should not be isolated in one corner of the project.
(2)
Active recreation should be visibly close but shall not interfere with the privacy of adjacent residents. It should be designed to accommodate the recreation needs of the projects, intended age groups.
(3)
Development in the vicinity of the undeveloped open space shall be designed to protect the site's natural resources, animal habitat, flood-prone areas, etc. The undeveloped open space shall be utilized to provide protection for critical ecosystems within the project site and to preserve in perpetuity the natural assets of the site.
(4)
All open space shall be recorded in the master deed and homeowners documents for each project. This will ensure the permanent preservation of the open space. Such documents shall be submitted to the Planning Board prior to the Board granting final approval of the project.
E.
Recreational facilities.
(1)
In all residential developments that require facilities, the developer shall install, as a minimum, the following recreational facilities on the land that has been set aside for recreational purposes. The Planning Board may alter the schedule at their discretion.
Dwelling Units | Land | Tot Lots | Tennis Courts | Basketball Courts | Play Fields | Multi-Purpose |
|---|---|---|---|---|---|---|
1-4 | — | — | — | — | — | — |
5-24 | ** | 1 | — | — | — | — |
25-49 | ** | 1 | — | 1 | — | — |
50-99 | ** | 1 | 1 | 1 | — | — |
100-199 | ** | 2 | 2 | 1 | — | — |
200-299 | ** | 2 | 3 | 1 | 1 | 1 |
300+ | ** | 2 | 4 | 2 | 1 | 1 |
**0.02 acre per dwelling unit plus 5% of the gross site area for undeveloped recreation |
F.
Equipment.
(1)
Tot lots. Tot lots shall be a minimum of 2,500 square feet excluding areas required for fencing, buffering or walkways and shall contain, as a minimum, the following improvements:
(a)
Four foot high chain link fence with gate or other buffering or screening bordering residential properties and roadways.
(b)
Two benches, each to be eight feet long and constructed of aluminum.
(c)
Two table and bench seats.
(d)
Ground under and within six feet of play equipment shall be covered with safety sand, or approved equal, to a depth of 12 inches.
(e)
One swing set with four swings, two of which shall be tot swings, one tot chair and one slash-proof belt seat two and three-eighths (2 3/8) inches outside diameter; legs and top rail with two and seven-eighths inches outside diameter fittings, eight feet in height.
(f)
One single platform whirl seven feet eight (7'8") inches in diameter.
(g)
One climber, two feet by 12 feet, with a height of approximately four feet seven (4' 7") inches.
(h)
One sandbox, 15 feet by 15 feet.
(i)
One slide, two feet by 14 feet, with a height of approximately six feet, and must have wraparound top rails with nonskid steps.
(j)
One trash receptacle with retractable bottom, 10 gallon capacity.
(2)
Playgrounds. Playgrounds shall be not less than three acres in size, excluding areas required for fencing, buffering or walkways, and shall contain, as a minimum, the following improvements:
(a)
Not fewer than one tot lot as defined above.
(b)
Not fewer than one play lot which shall contain, as a minimum the following improvements:
(i)
One heavy duty swing set with legs and top rail not less than two and three-eighths (2 3/8) inches outside diameter and with two and seven-eighths (2 7/8) inch fittings. The swing set is to be at least 10 feet in height with not fewer than four splash-proof belt type seats.
(ii)
One bicycle rack not less than 10 feet in length, of aluminum construction or such other materials as may be approved by the Borough Engineer.
(3)
Playing fields and courts.
(a)
Not less than two and one-fourth (2.25) acres of seeded or sodded open space (not otherwise utilized as a tot lot/playground) which shall, as a minimum contain one of the following:
(b)
Two basketball or tennis courts.
(c)
One baseball and one softball field (fields may share portions of the same area, layout will be subject to Borough Planner and Engineer approval).
(d)
One soccer and one football field (fields may share portions of the same area, layout will be subject to Borough Engineer approval).
(4)
Tennis courts. Tennis courts shall be of regulation sealer and in all cases shall be constructed in pairs and constructed as follows:
(a)
The courts base construction shall be four inches of bituminous base on a properly prepared subgrade as set forth by the Borough Engineer. The surface construction shall be one and one-half (1 1/2) inches of FASC leveling course and one and one-half (1 1/2) inch SP-1 vinyl latex top course and shall be coated with light green for the in play and brick red for the out of play. The sealer shall be California Products Corporation or equal as approved by the Borough Engineer.
(b)
There shall be one set of ground sockets set in concrete on each court.
(c)
There shall be one set of tennis posts three and one-half (3 1/2) inches outside diameter with heavy duty nylon tennis nets on each court.
(d)
There shall be one reel per court.
(e)
Tennis courts shall be surrounded with a 12 foot high green vinyl link fence with entrance gate and buffered planning as designated by the Borough Engineer.
(f)
Night lighting (if desired) shall be approved by the Borough Engineer.
(5)
Basketball courts. Basketball courts shall be a minimum size of fifty feet by eighty-four (50' x 84') feet and shall contain the following improvements:
(a)
Two aluminum backstops.
(b)
Two four and one-half (4 1/2) inch outside diameter basketball posts with 48 inch extension.
(c)
Two double ring and double brace goals with nets.
(d)
Four inches of bituminous stabbed base course on properly prepared subgrade as set forth by the Borough Engineer, one and one-half (1 1/2) inches of FABC leveling course, and one inch SP-1 vinyl latex top course.
(e)
Night lighting (if desired) shall be approved by the Borough Engineer.
(6)
Baseball and softball fields. Baseball/softball fields shall have a minimum slope of 2% and not exceed 3% slope, with grading to be approved by the Borough Engineer and all fields shall contain the following requirements:
(a)
Baseball/softball field combinations should conform to the recommended standards in design.
(b)
There shall be one four paneled backstop; two 10 foot back panels and two 10 foot side panels with complete overhang over the back and side panels.
(c)
There shall be two fences, each four feet high and extending 20 feet past the side panels.
(d)
The infield shall be covered with infield dirt as required by the Borough Engineer.
(e)
There shall be two 15 foot player benches constructed of aluminum.
(7)
Football/soccer fields. Football and soccer fields shall be a minimum of one and three-fourths (1 3/4) acres and shall have a minimum 2% slope that shall not exceed 3%, with grading to be approved by the Borough Engineer. All fields shall be constructed to face north to south and shall contain the following requirements:
(8)
Pedestrian, bicycle and fitness trails.
(a)
Pedestrian and bicycle trails when constructed as one trail shall be a minimum of eight feet wide. Fitness trails are to be a minimum of four feet wide. All trails shall be free of branches and other obstructions, and have a minimum slope of 2% and should follow the contour of the area where possible. Paths should generally follow ground contours, streams, lakes, ponds or other natural features and shall have a destination.
(b)
Walkways and bicycle paths shall have information signs. If trails are designed especially for bicycle use, proper signage will need to be displayed.
(9)
Neighborhood parks. A neighborhood park shall be minimum of five acres including fencing, screening, buffering and landscaping. Each park shall contain the minimum requirements:
(10)
Barrier free site designs for the disabled. All facilities shall be designed barrier free to allow accessibility for the disabled. Such areas are to be fully accessible both in active and passive recreation areas and shall contain, as a minimum, the following requirements:
(a)
There shall be two parking spaces with appropriate signage.
(b)
Walkways shall be a minimum of five feet wide to allow for easier mobility.
(c)
All entrances at gate shall be a clear opening of at least 34 inches wide.
(d)
All walkways which cross roads or sidewalks, a depressed curb shall be provided for accessibility for the handicapped.
(11)
Community buildings. In planned developments over 150 dwelling units, consideration may be given towards a recreation/ community building. Such buildings shall be in walking or short biking distance of the residents it intends to serve.
(12)
Other amenities including a jogging trail and exercise areas in planned developments, provided adequate benches and places for rest are provided, especially where views are available of significant landscape. Consideration should be given towards interesting site design and larger developments may reserve areas for small garden plots.
G.
Development of open space improvements and construction of recreational facilities shall proceed at the same rate of development as dwelling units. To assure compliance with this section, the Planning Board shall require the approval of the overall phasing plan and approval for any subdivision, planned or cluster developed.
H.
The Board may require a developer to make certain preparation improvements to open spaces and may require necessary improvements to be included as part of the site plan, including, but not limited to removal of dead trees, thinning of trees, and grading and seeding.
I.
The requirements of this section relating to the construction of active recreation facilities and the provision of open space for passive recreation may be modified and/or waived at the request of the developer, if the Planning Board determines that both the development and the borough's parks and recreation needs would be better served by a predetermined cash contribution to the designated municipal parks and recreation fund.
J.
Contribution in-lieu of providing recreation facilities.
(1)
The required amount of the contribution in-lieu of providing recreation facilities shall be determined by the estimated cost of the passive and active recreation facilities and equipment that would otherwise be required for the proposed development. This estimated cost shall also include the value of the additional lots that the developer shall have for sale, and shall be prorated over the total number of building lots as follows:
Number of Lots | Contribution per Lot |
|---|---|
5-24 | $1,000 |
25-49 | $1,200 |
50-99 | $1,400 |
100 or more | $1,500 |
(2)
Payment of the in-lieu contribution shall be made proper to the borough executing the final subdivision plat. The payment shall be equal to the determined per lot contribution times the number of building lots shown on the final plat.
(3)
The cash contribution shall be used exclusively for park and recreation purposes.
K.
The open space and recreation plan shall be submitted to the Borough Council, the Borough Engineer and the Public Works Director for review and comment prior to receipt of final approval by the Planning Board.