A. 
General. The purpose of this section is to establish a uniform set of specific design standards and construction details. The standards shall be applicable to all site plans, subdivisions and other development applications and shall be used in conjunction with the general design and performance standards outlined elsewhere in this chapter. All improvements shall be installed in complete accordance with the standards of this chapter as specified in this section and as set forth in Chapter 15, Zoning, with other particular specifications approved by the Board and Township Engineer and with all other applicable municipal, county and state regulations. All streets in residential developments shall be designed and constructed in accordance with Subchapter 4, "Streets and Parking," of N.J.A.C. 5:21 (Residential Site Improvement Standards), as amended.
B. 
Standard specifications and construction details. The Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, latest edition, including all addenda, and the Standard Construction Details of the New Jersey Department of Transportation, latest revision, as modified, supplemented, amended or superseded by the requirements of this chapter, by the approval of a final plat, by particular agreement among the Board, Township Council and subdivider or by other applicable municipal, county or state regulations shall govern the completion of the required improvements. Such standard specifications and standard construction details are made a part of this chapter by this reference and will not be repeated herein. It is the responsibility of all the subdividers to familiarize themselves with these standards, copies of which may be examined at the Office of the Township Engineer and may be obtained, upon payment of the cost thereof, from the New Jersey Department of Transportation. The requirement of this chapter of an approved final plat or of particular agreements and conditions of approval and of applicable municipal, county or state regulations shall govern and prevail in the case of conflict between them and the standard specifications or standard construction details. Should the Township adopt, subsequent to the effective date of this chapter, particular and specific standard construction details for Little Egg Harbor Township, they shall govern and prevail over the Standard Construction Details of the New Jersey Department of Transportation.
A. 
The arrangement of streets shall provide for the extension and realignment, as appropriate, of existing collector and primary streets. The arrangement of streets now shown on the Master Plan or an Official Map shall be such as to provide for and encourage the appropriate extension of existing streets, shall conform to the topography as far as practicable and shall allow for continued logical extension into adjoining undeveloped tracts. Streets shall be designed to promote safety and shall conform to the current requirements and policies of the American Association of State Highway and Transportation Officials (AASHTO), except as stated in the minor street design standards.
(1) 
Design of minor streets. Minor streets in residential subdivisions shall be laid out so that there is no possibility of their use by traffic having neither origin nor destination at the lots to which they provide access and shall conform to the standards of this chapter.
(a) 
Cul-de-sac (dead-end streets) may be used where necessary but should not have a center-line length, from the intersecting street center line to the center point of the cul-de-sac, less than 100 feet nor longer than 1,200 feet and should not provide access to more than 25 lots.
(b) 
When their use is possible, short loop streets are preferred to cul-de-sacs. Short loop streets should provide access to no more than 45 lots, except that where access is provided by a combination of a short loop street and cul-de-sacs, the maximum shall be 60 lots, provided that the length of the loop street alone will not exceed 3,000 feet. Loop streets shall have both of their termini located on the same major street to be so classified.
(c) 
In all residential zones, development bounded by any arterial or collector streets shall control access to the streets by having all driveways intersect minor streets. Where the size, shape, location or some other unique circumstance may dictate no other alternative than to have a driveway enter an arterial or collector street, the lot shall provide on-site turnaround facilities so that it is not necessary to back any vehicle onto an arterial or collector street, and abutting lots shall share a common access drive.
(2) 
Classification of streets. In any major subdivision, it shall be the duty of the Board to classify proposed streets according to their types. The Board, in making its decisions, shall refer to the Master Plan and shall consider conditions within the subdivision and surrounding area.
(3) 
Right-of-way and paving widths and street detail. Right-of-way widths, measured from lot line to lot line, graded widths and paving widths and other items shall be not less than the requirements set forth in the following Subsection A(4) unless otherwise indicated on the Master Plan or the Official Map. Where a proposed development will result in the extension of an existing street, the paved width of the extension shall be as set forth in Subsection A(4) hereafter or the paved width of the existing street, whichever is greater.
(4) 
Requirements for street classifications.
Type
Minor
Subcollector
(county roads)
Primary Collector
Right-of-way (row) width (feet)
50
6
80*
Paving widths, 2-way (feet)
30
40
40*
Curb radii at intersection (feet)
25
35
35
Tangents between reverse curves (min.)
100
200
300
Horizontal center-line radius (feet)
150
500
1,000
Maximum center-line grades
10%
8%
6%
Minimum center-line grades
1/2%
1/2%
1/2%
Max grades at intersection, 3% for distance from center-line intersection (feet)
100
150
150
Turnaround at end of cul-de-sac
Radius of right-of-way (feet)
60
Radius of pavement (feet)
50
Curb face required (inches)
6
6
8
Pavement crown (inches)
6
8
8
Sidewalks
Width (feet)
4
4
4
Setback (from front curb face)(feet)
4
5
6
NOTES:
*
As designed or indicated on the Master Plan or mandated by the Ocean County Engineer, Township Planning Board or Board Engineer.
(5) 
Vertical geometric requirements.
(a) 
At all points of grade changes, where the algebraic difference in intersecting grades equals one or greater, a vertical parabolic curve shall connect the intersecting grade lines. The vertical curve shall be of a length required to provide a smooth transition avoiding sharp crests or sags, provide proper drainage flow and provide the required horizontal and vertical sight and stopping distances set forth in the current requirements and policies of the American Association of State Highway and Transportation Officials (AASHTO). The vertical curve length shall be in accordance with AASHTO criteria for the design speed of the roadway, prevailing topographic conditions and existing horizontal and vertical sight obstructions. In no case shall the vertical curve lengths be less than the following minimums specified as follows:
[1] 
100 feet for algebraic differences in intersection grades of one or greater and less than two.
[2] 
200 feet for algebraic differences in intersecting grades of two or greater and less than 10.
(b) 
Vertical sight distances. Vertical curves shall be a sufficient length to provide the minimum sight distances as required by current AASHTO requirements and in no case shall be less than the following:
[1] 
Minor streets: 200 feet.
[2] 
Collector streets: 300 feet.
(c) 
The location, by station, middle ordinate or K, length and point of vertical intersection (PVI) station must be indicated on the profiles.
(6) 
Where dead-end streets (cul-de-sacs) are utilized, they shall conform to the following standards:
(a) 
Dead-end streets of a permanent nature (where provision for the future extension of the street in the boundary of the adjoining property is impractical or impossible) or of a temporary nature (where provision is made for the future extension of the street to the boundary line of adjoining property) shall provide a turnaround at the end with a right-of-way radius of not less than 60 feet and a cartway radius of not less than 50 feet. The center point for the radius shall be on the center line of the associated street or, if offset, to a point where the cartway radius also becomes a tangent to one of the curblines of the associated street. If the cul-de-sac is offset, the tangent shall be on the right side of the street, wherever possible, for approaching vehicles. In the center of the turnaround, a planting island equal in dimension to the cartway radius minus the cartway width of the roadway shall be provided in lieu of excessive pavement.
(b) 
If a dead-end street is of a temporary nature, provisions shall be made for removal of a turnaround and reversion of the excess right-of-way to the adjoining properties as an off-tract responsibility to the developer creating the street extension when the street is extended.
(7) 
No street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound the names of existing streets so as to be confusing therewith. The continuation of an existing street shall have the same name. The names of new streets must be approved by the approving authority.
(8) 
All streets shall be curvilinear in horizontal alignment wherever deemed practical and feasible by either the Planning Board or the Planning Board Engineer and shall be designed to discourage speed and monotony. The maximum straight line distance shall not exceed 1,000 feet.
(9) 
Nonresidential streets. The widths of internal streets in business or industrial developments designed as a whole in accordance with a comprehensive site plan shall be determined by the Board in each case in the light of the circumstances of the particular situation and with a view to ensuring the maximum safety and convenience of access for traffic and firefighting equipment, circulation and parking, including provisions for the loading and unloading of goods, and, in general, shall conform to collector street design standards.
(10) 
Subdivisions on existing streets. Subdivisions that adjoin or include existing streets which do not conform to the widths as shown on the Master Plan, the Official Map or the street width requirements of this chapter shall dedicate the required additional width along either one or both sides of the street as the Board may deem necessary.
(11) 
Street intersections. Street intersections shall be designed according to the following standards:
(a) 
No more than two streets shall cross the same point.
(b) 
Street intersections shall be at right angles wherever possible, and intersections of less than 70°, measured at the center line of streets, shall not be permitted.
(c) 
All intersections of less than 90° shall be discouraged.
(12) 
Approaches to all intersections shall follow a straight line for at least 100 feet, measured from the intersecting street corner line to the beginning of the curve. Streets intersecting another street from opposite sides shall have at least 200 feet between the two street center lines. Any development abutting an existing street which is classified as a collector street shall be permitted not more than one new street every 800 feet on the same side of the street within the boundaries of the tract being subdivided. In the spacing of streets, consideration will be given to the location of existing intersections on both sides of the development.
(13) 
Sight triangles shall be provided as required in this chapter.
(14) 
No development showing reserve strips controlling access to streets or another area, either developed or undeveloped, shall be approved, except where the control and disposal of land comprising such strips has been given to the governing body.
(15) 
Streets shall be constructed in accordance with the following standards and in accordance with the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation as herein defined.
(a) 
Local and minor streets:
[1] 
Six inches of Class A or B road gravel or an approved equal.
[2] 
Two inches of bituminous stabilized base course.
[3] 
1 1/2 inches of FABC-1 surface course or an approved equal.
(b) 
Collector streets:
[1] 
Six inches of Type 2, Class B, road gravel or an approved equal.
[2] 
Four inches of bituminous stabilized base course.
[3] 
Two inches of FABC-1 surface course or an approved equal.
(16) 
Street signs shall be enameled metal of the size and color equal and similar to the type now in use by Little Egg Harbor Township. They shall be in a workmanlike manner. At street intersections, one post shall carry two signs at right angles to denote the name of each street. Posts shall be 10 feet overall, with three feet in the ground surrounded with concrete.
(17) 
Street and road excavations shall include the work of clearing and grubbing within the limits of the right-of-way and outside thereof, within slope areas to be graded or as otherwise prescribed. The ground surface shall be cleared of trees, brush, weeds, roots, matted leaves, debris and other unsuitable matter before street and roadway subgrade operations are commenced. Trees which do not interfere with the operations shall not be removed but shall be protected during the progress of the work. Branches of trees overhanging the traveled way shall be cut off to a height of 14 feet above it, and cuts made more than one inch in diameter shall be painted. Tree stumps shall be grubbed out within the areas to be graded where the subgrade will be less than 3 1/2 feet above the ground surface.
B. 
Streetlights.
(1) 
Miscellaneous provisions.
(a) 
When required by the provisions of this chapter or by the approving authority, streetlights shall be installed in accordance with the recommended practice of street and highway lighting of the Illuminating Engineering Society along all streets within and abutting any development.
(b) 
Said streetlights shall be high-pressure sodium and shall meet the standards of Conectiv (formerly Atlantic Electric) which presently are as follows:
Watts
Lumens
50
3,600
70
5,500
100
8,550
150
14,400
250
24,750
400
45,000
(c) 
All streetlighting standards, fixtures or luminaries which may be required shall be installed at the same time in a single process of installation. All wires and other equipment necessary to serve the streetlighting system shall be placed underground, the cost to be paid by the developer, and arrangements shall be made with the appropriate utility for carrying out this provision.
(2) 
In any development consisting of four or more residential units or any other type of nonresidential development, the developer shall be responsible for providing streetlighting so as to provide a minimum lighting level of 0.5 horizontal footcandle on all local, local collector, minor arterial and principal arterial streets. The developer shall pay the full cost for the installation of any streetlights. Streetlights shall be of a type approved by the Committee and by the electric utility company serving the proposed development. Upon notice from the Township, the developer shall deposit with the Township cash or an equivalent in the amount determined by the electric utility to be the cost of the initial installation of the streetlights. The Township shall utilize said cash deposit to pay for the cost of the initial installation of said streetlights.
(3) 
Streetlighting shall be provided by the developer in any development which has been approved by the Planning Board, Board of Adjustment or the Committee. The Planning Board, Board of Adjustment or the Committee, in case of appeal, in approving any development shall require the developer to install streetlighting as a condition of its approval of the development. The developer shall submit a plan for the installation of streetlights to the Board Engineer for approval.
(4) 
Acceptance of streetlighting. If the Planning or Zoning Board includes as a condition of approval of an application for development the installation of streetlighting on a dedicated public street connected to a public utility, then upon notification in writing by the developer to the Board of jurisdiction and Township Committee that 1) the streetlighting on a dedicated public street has been installed and accepted for service by the public utility and 2) that certificates of occupancy have been issued for at least 50% of the dwelling units and 50% of the floor area of the nonresidential uses on the dedicated public street or portion thereof indicated by section pursuant to Section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the municipality shall within the 30 days following receipt of the notification, make appropriate arrangements with the public utility for, and assume the payment of, the costs of the streetlighting on the dedicated public street on a continuing basis. Compliance by the Township with the provisions of this section shall not be deemed to constitute acceptance of the street by the municipality.
A. 
Concrete curb shall be installed along every street within the development and at intersections with local roads, county roads and state highways, except in the PA, PV and FA Zones, where secondary local streets serving primarily a residential land access function shall be exempt from the curb installation requirement. The standard curb section to be used shall be not more than 10 feet in length and shall be set in accordance with approved lines and grades, and radial curbs shall be formed in an arc segment in a smooth curve. Chord segments are prohibited.
B. 
Concrete curbs shall be 8 x 6 x 18 inches (six inches exposed face), using Class B concrete having a 28-day compressive strength of 4,500 pounds per square inch.
C. 
Expansion joints conforming to the requirements of the New Jersey Department of Transportation shall be provided at 20-foot intervals in all curbing, with construction joints being provided at 10-foot intervals.
D. 
At locations specified by the approving authority and at all intersections, the curbing shall have a barrier-free design to provide a ramp for bicycles and/or wheelchairs, details for which may be obtained from the engineer. In certain instances, it may be necessary or desirable to construct alternate curb types. For example, these may be required by the Planning Board on the perimeter of channelizing islands or in areas of unusually heavy gutter drainage flow or may be desired by the subdivider for decorative purposes or to preserve vegetation (e.g., granite block curb, rolled concrete curb, etc.). If alternate curb types are to be permitted, an appropriate construction detail shall be submitted for approval with the preliminary and final plat.
E. 
All curbs and driveway aprons shall be constructed in accordance with the specifications of the Code of the Township of Little Egg Harbor as contained herein.
Curbs, gutters and shoulders in all residential developments shall be designed and constructed in accordance with Subchapter 4 (Streets and Parking) of N.J.A.C. 5:21 (Residential Site Improvement Standards), as amended.
Monuments shall be the size and shape required by N.J.S.A. 46:23-9.11[1] of the Map Filing Law,[2] as amended, and shall be placed in accordance with the statute and indicated on the final map.
[1]
Editor's Note: Repealed by L. 2011, c. 217, § 2, effective May 1, 2012.
[2]
Editor's Note: See N.J.S.A. 46:26b-1 et seq.
The following shade trees or trees of equal or better quality and suitability shall be planted in the following locations. (Only nursery grown, healthy, cultivated varieties of the following species shall be utilized. All plantings must be approved by the Board of jurisdiction.)
A. 
Plantings along streets or areas to be dedicated to Little Egg Harbor Township adjacent to brackish waters, rivers, bay or lagoons:
(1) 
Platanus acerfolia, London plane-tree.
(2) 
Pyrus calleryana, callery pear.
(3) 
Sophora japonica, scholartree.
B. 
Plantings along streets or areas to be dedicated to Little Egg Harbor Township (uplands):
(1) 
Acer saccharum, sugar maple.
(2) 
Acer platanoides, Norway maple.
(3) 
Fraxinus americana, white ash.
(4) 
Pyrus calleryana, callery pear.
(5) 
Quercus borealis, red oak.
(6) 
Quercus phellos, willow oak.
(7) 
Sophora japonica, scholartree.
(8) 
Tilia cordata, littleleaf linden.
(9) 
Zelkova serrata, Zelkova.
C. 
Plantings along streets or areas to be dedicated to Little Egg Harbor Township (adjacent to fresh water):
(1) 
Acer rubrum, red maple.
(2) 
Fraxinus lanceolata, green ash.
(3) 
Gleditsia triancanthos, honeylocust.
(4) 
Liquidambar styraciflua, sweetgum.
(5) 
Platanus acerfolia, London plane-tree.
(6) 
Quercus phellos, willow oak.
D. 
Site plantings (adjacent to fresh or brackish waters) other than areas to be dedicated to Little Egg Harbor Township:
(1) 
Any tree permitted under Subsection A or D of this section.
(2) 
Betula populifolia, birch.
(3) 
Prunus serrulata, Japanese cherry.
(4) 
Crategus oxycantha, hawthorn.
(5) 
Quercus palustris, pin oak.
(6) 
Salix babylonica, willow.
E. 
Site plantings on uplands other than areas to be dedicated to Little Egg Harbor Township:
(1) 
Any tree permitted under Subsection B of this section.
(2) 
Cornus florida, dogwood.
(3) 
Malus species, crab apple.
(4) 
Quercus alba, white oak.
(5) 
Pinus strobus, white pine.
(6) 
Pinus thunbergi, black pine.
(7) 
Ilex americana, holly.
F. 
All plantings shall be planted in accordance with the details provided herewith, and all landscape plans shall include planting details which conform to the details provided herewith and additional requirements as appropriate to ensure the proper installation, survival and growth of all plantings.
G. 
All plantings shall conform to the standards of the American Association of Nurserymen, Inc., as set in the most recent addition of the American Standard for Nursery Stock (ANSI Z60.1). Trees which are diseased, damaged, exhibit irregular or undesirable branching, habit or form and trees with a cut or dead leader shall not be utilized.
[Amended 5-24-2001 by Ord. No. 2001-08; 12-27-2001 by Ord. No. 2001-035; 9-9-2004 by Ord. No. 2004-24; 4-14-2005 by Ord. No. 2005-12; 3-14-2019 by Ord. No. 2019-04; 7-11-2024 by Ord. No. 2024-18]
A. 
Purpose. An ordinance to establish requirements for tree removal and replacement in the Township of Little Egg Harbor to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.
B. 
Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter 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 use of the word "shall" means the requirement is always mandatory and not merely directory.
ALTER
To take action by cutting or pruning any tree, or by filling, surfacing, grading, compacting or changing the drainage pattern of the soil around any tree in a manner that threatens to diminish the vigor of the tree; provided, that, as used in this chapter, the term "alter" does not include normal seasonal trimming, shaping, thinning or pruning of a tree necessary to its health and growth.
APPLICANT
Any "person," as defined below, who applies for approval to remove trees regulated under this chapter.
CRITICAL FOOTPRINT AREA
Any area to be occupied by a building, driveway, drainage field, septic tank or recreation area (tennis courts, swimming pools or similar facilities).
CRITICAL ROOT RADIUS (CRR)
The zone around the base of a tree where the majority of the root system is found. This zone is calculated by multiplying the diameter at breast height (DBH) of the tree by 1.5 feet. For exampled a tree with a 6-inch dbh would have a CRR = 6-inch by 1.5-inch = 9-inch.
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of the trunk of a mature tree generally measured at a point four and a half feet above ground level from the uphill side of the tree. For species of trees where the main trunk divides below the 4 1/2 foot height, the DBH shall be measured at the highest point before any division.
HAZARD TREE
A tree or limbs thereof that meet one or more of the criteria below. Trees that do not meet any of the criteria below and are proposed to be removed solely for development purposes are not hazard trees. (Municipalities may choose to require a licensed tree expect to make all hazard tree determination.)
(1) 
Has an infectious disease or insect infestation;
(2) 
Is dead or dying;
(3) 
Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective;
(4) 
Is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or
(5) 
Is determined to be a threat to public health, safety, and/or welfare by a certified arborist or licensed tree expert (LTE).
NATURAL HABITAT
An undisturbed natural area and its wild-growing plant life and vegetation, which may be in a field, the undergrowth in a stand of trees, or a forest floor, and may consist of trees, shrubs, bushes, vines, etc. Particular emphasis and preservation consideration is to be accorded holly trees and Mountain Laurel, which are native to the Township of Little Egg Harbor.
PERSON
Any individual, resident, corporation, utility, company, partnership, firm, or association.
PLANTING STRIP
The part of a street right-of-way between the public right-of-way and the portion of the street reserved for vehicular traffic or between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk.
RESIDENT
An individual who resides on the residential property or contractor hired by the individual who resides on the residential property where a tree(s) regulated by this chapter is removed or proposed to be removed.
SPECIMEN TREE
Any living deciduous or coniferous tree(s) that has superior characteristics and quality when compared to trees of the same species or other trees in its vicinity within the Township of Little Egg Harbor. Such a tree must also have a circumference that is 50% of the registered circumference of the same species as noted in New Jersey's Record Trees. The determination of a "specimen tree" can be made by the Department of Community Development and Planning with the assistance of the Township Landscape Architect and Environmental Commission as needed.
STREET TREE
A tree planted in the sidewalk, planting strip, and/or in the public right-of-way adjacent to (or specified distance from) the portion of the street reserved for vehicular traffic. This also includes trees planted in planting strips within the roadway right-of-way, i.e., islands, medians, pedestrian refuges.
TREE
A woody perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground.
TREE CALIPER
The diameter of the trunk of a young tree, measured six inches from the soil line. For young trees whose caliper exceeds four inches, the measurement is taken 12 inches above the soil line.
TREE REMOVAL
To kill or to cause irreparable damage that leads to the decline and/or death of a tree. This includes, but is not limited to, excessive pruning, application of substances that are toxic to the tree, over-mulching or improper mulching, and improper grading and/or soil compaction within the critical root radius around the base of the tree that leads to the decline and/or death of a tree. Removal does not include responsible pruning and maintenance of a tree, or the application of treatments intended to manage invasive species.
WOODLAND MANAGEMENT PLAN
A plan prepared in accordance with criteria set forth in Woodland Management Plan N.J.A.C. 18:215-2.10 and which is required to be filed with the assessor and the DEP by an owner of the woodland as set forth in N.J.A.C. 18:215-2.7.
C. 
Regulated activities.
(1) 
Application process.
(a) 
Any person planning to remove a street tree, as defined as tree removal, with DBH of 2.5-inch or more or any non-street tree with DBH of six inches or more on their property shall submit a Tree Removal Application to the Department of Community Development and Planning. No tree shall be removed until municipal officials have reviewed and approved the removal.
[1] 
Unauthorized clear-cutting is strictly prohibited.
[2] 
No person, entity, or contractor, including the property owner shall remove, destroy, or cause to be removed or destroyed, any tree(s), holly or Mountain Laurel, on land that is to be developed as part of a major or minor subdivision or site plan within the Township, unless a permit is first obtained for such removal, and such removal has specifically been authorized by the Township, or there is an exemption for the property under Subsection D.
[3] 
A tree clearing permit shall be required for all work within the right-of-way, easements and stormwater management areas. A separate permit for each individual building lot and/or site plan shall also be required. Under no circumstances shall clearing of individual lots occur until all right-of-way, easements, stormwater management areas clearing has been completed and an individual lot clearing permit, including a building specific tree clearing plan has been submitted to and approved by the Department of Community Development and Planning.
(b) 
Permit application. Application for a permit shall be made to the Department of Community Development and Planning and shall contain the information required as follows:
[1] 
Location on the property, of the trees, Mountain Laurel, and/or holly on the removal plan. For any major or minor subdivisions, and all site plans, the tree location plan shall be indicated on a survey prepared by a licensed land surveyor.
[a] 
The plan shall indicate the number and location of tree(s), Mountain Laurel, and/or holly to be preserved.
[b] 
The plan shall indicate a limit of disturbance line.
[c] 
All trees greater than six inches in caliper (DBH), American Holly greater than eight feet in height, Mountain Laurel masses greater than 400 square feet, or any specimen tree (i.e., any unique or remarkable tree or species) to be removed shall be indicated on the plan.
[2] 
Any other information, which may reasonably be required to enable the application to be properly evaluated (i.e., Woodland Management Plan).
[3] 
Minor or Major Subdivision Plans or Site Plans as approved by the Planning Board or Zoning Board of Adjustment in accordance with this § 215-12.7.
(c) 
Application fee. A tree removal permit application must be obtained from, and filed with, the Department of Community Development and Planning.
For new construction or residential building sites, a filing fee of $25 will be required for each building lot, or buildable lot, and $25 per acre for non-residential development.
(d) 
Issuance of tree removal permits. Where an application is made in connection with the construction of a building or other improvements, no building permit shall be issued until the tree removal permit has been granted.
[1] 
New development. If the application is for a new development (subdivision or site plans), trees may be removed as permitted by Subsection C(1)(f), Standards for removal, of this section for the purpose of clearing for roads, utilities, stormwater management areas, building envelopes and driveways, provided a performance guarantee is posted pursuant to N.J.S.A. 40:55D-53 for the trees to be replanted as required by this section.
[2] 
Non-residential development. All existing non-residential development shall be required to obtain a removal permit prior to any removal of trees, Mountain Laurel, and/or holly.
(e) 
Removal plan. Where the application is in conjunction with an application for a subdivision, or site plan approval, a removal plan shall be submitted and shall include the following:
[1] 
Total acreage of the tract.
[2] 
A site plan, on a scale of one inch equals 50 feet or less, showing the location of existing wooded areas. The site plan shall include the lot and block numbers, the street address, if assigned, and a statement of compliance with the requirements of this section.
[3] 
The location of streams and watercourses.
[4] 
The location of slopes greater than 10% where any removal is proposed.
[5] 
The location(s), species, and caliper of all trees six inches or greater in caliper (DBH) or greater than eight feet in height for evergreens to be removed on a survey drawing and/or site plan. The location, species, size of existing trees shall be established by on-site survey and may be accomplished by a representative 10,000 square foot sample (100 feet x 100 feet) taken at one sample area per two acres of disturbance area or portion thereof.
[6] 
The location of specimen trees and all trees greater than 12 inches in caliper (DBH), or any American Holly 10 feet in height, or Mountain Laurel masses 400 square feet in area, if any.
[7] 
The location of existing and proposed structures including parking areas, detention basins and other stormwater facilities.
[8] 
The location of replacement trees, including a replacement schedule indicating species, quantities and size in accordance with Subsection N, Mitigation required.[1]
[1]
Editor's Note: So in original.
[9] 
The removal plan shall include a schedule for compliance with this § 215-12.7 for the protection, removal and reforestation of trees.
[10] 
The following information may be required, at the discretion of the reviewing entity, for approval of tree removal:
[a] 
The quality, quantity and limits of vegetation on the remainder of the site.
[b] 
The location, species and caliper of each tree within the drip line of each tree to be removed.
[c] 
Existing contours and proposed grading.
[d] 
Proposed preservation methods of trees to remain, if necessary.
(f) 
Standards for removal.
[1] 
Existing landscape. The intent of this section is to encourage the preservation of existing deciduous and coniferous trees, Mountain Laurel, and holly.
[2] 
Any area occupied by the critical footprint area, such as a building, driveway, stormwater management areas, swales, areas requiring grading to improve stormwater flow on the site, utility lines, drainage field, septic tank or recreation area (tennis courts, swimming pools or similar facilities) may have the trees removed for a distance of not more than 15 feet around the perimeter of such facilities, provided that the same does not violate any buffer requirements within the zone.
[3] 
The permit shall be granted if there is a finding by the Township Zoning Officer and/or Township Landscape Architect or engineer that the removal and destruction will not impair the growth and development of remaining trees on the property of the applicant or adjacent properties and would not cause erosion of soil.
[4] 
The Township Zoning Officer and/or Township Landscape Architect or engineer shall view the land where the tree or trees are to be removed, as well as drainage, grade and other physical conditions existing on the subject or adjoining property, and will consider any reports from the Environmental Commission when issuing a permit.
[5] 
Protection of trees, Mountain Laurel and/or holly.
[a] 
No structure, equipment or movable machinery shall be permitted to be stored, parked, or operated within the dripline of any tree, which is to be saved, in order not to disturb the soil and injure the tree, except when the dripline of the tree is within the 15-foot area set forth in Subsection C(1)(f)[2] herein.
[b] 
If the removal of, or destruction of trees, will impede or hamper the growth and vigor of the remaining trees, removal will not be permissible unless a stump grinder is utilized.
[c] 
No soil material, equipment, temporary buildings, work areas, fuels, and other construction items shall be placed within the dripline of trees.
[d] 
Trees not subject to removal under the permit granted shall be fenced or heavily marked with ribbon so as to prevent injury or removal. The fence installation or ribbon markings must be approved by the Township Engineer prior to clearing.
[e] 
All planting shall follow the guidelines as set forth in the § 215-11.8.
[f] 
Any tree of historical or environmental significance or any tree that is significant by reason of its rarity, as determined by the Township Engineer, shall not be cut or removed unless applicant shows substantial evidence as to the necessity of the cutting or removal. The determination as to whether to cut or remove such a tree shall be in the discretion of the Township Engineer. Specimen trees shall be protected in accordance with the provisions of Subsection M herein.[2]
[2]
Editor's Note: So in original.
(g) 
Buffer. It is a requirement of this section that, natural habitat buffer zones shall be preserved as per § 215-11.7 of the Township Code.
(h) 
Permit revocation. The administrative office may revoke a permit when there has been a false or misleading application or for noncompliance with an approved replacement plan.
(2) 
Tree replacement requirements.
(a) 
Any person who removes one or more street tree(s) with a DBH of 2.5 inches or more, unless exempt under Subsection D, shall be subject to the requirements of the Tree Replacement Requirements Table below.
(b) 
Any person, who removes one or more tree(s), as defined as tree removal, with a DBH of 6 inches or more per acre, unless otherwise detailed under Subsection D, shall be subject to the requirements of the Tree Replacement Requirements Table.
(c) 
The species type and diversity of replacement trees shall be in accordance with § 215-12.6.
(d) 
Replacement tree(s) shall:
[1] 
Be replaced in kind with a tree that has an equal or greater DBH than tree removed or meet the Tree Replacement Criteria in the table below;
[2] 
Be planted within 12 months of the date of removal of the original tree(s) or at an alternative date specified by the municipality;
[3] 
Be monitored by the applicant for a period of two years to ensure their survival and shall be replaced as needed within 12 months; and
[4] 
Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements.
Tree Replacement Requirements Table
Category
Tree Removed
(DBH)
Tree Replacement Criteria
(See Appendix A[3])
1
DBH of 2.5 inches (for street trees) or 6 inches (for non-street trees) to 12.99 inches
Replant 1 tree with a minimum tree caliper of 2.5 inches for each tree removed
2
DBH of 13 inches to 22.99 inches
Replant 2 trees with minimum tree calipers of 2.5 inches for each tree removed
3
DBH of 23 inches to 32.99 inches
Replant 3 trees with minimum tree calipers of 2.5 inches for each tree removed
4
DBH of 33 inches or greater
Replant 4 trees with minimum tree calipers of 2.5 inches for each tree removed
[3]
Editor's Note: Said appendix is on file in the Township offices.
(3) 
Replacement alternatives.
(a) 
If the municipality determines that some or all required replacement trees cannot be planted on the property where the tree removal activity occurred, then the applicant shall do one of the following:
[1] 
Plant replacement trees in a separate area(s) approved by the municipality.
[2] 
In lieu of the replanting requirement specified above, the applicant shall pay a cash equivalent to the Township of Little Egg Harbor for each tree not replanted as determined by the Township Landscape Architect and or the Township Engineer in accordance with 215-12.7, to be placed in a fund entitled "Little Egg Harbor Tree Bank Account" to be used for the purchase of replacement trees by the Township of Little Egg Harbor for use on public property. In the event the cash contribution is made, such contribution shall be made prior to the filing of final map and/or approval for construction. No tree removal permit shall be issued until such time as the Mitigation requirement is met as outlined above.
The following contribution schedule shall apply:
Description
Number of Units
Value Per Tree/Shrub
Number of Units
Value Per Tree/Shrub
Number of Units
Value Per Tree/Shrub
Mountain Laurel
1 – 50
$50
51 – 200
$25
over 200
$15
American Holly
1 – 50
$300
51 – 200
$100
over 200
$50
All other trees
1 – 50
$100
51 – 200
$50
over 200
$25
D. 
Exemptions.
(1) 
All persons shall comply with the tree replacement standard outlined above, except in the cases detailed below:
(a) 
Residents who remove fewer than four trees per acre that fall into category 1, 2, or 3 of the Tree Replacement Requirements Table within a five-year period. (The number of trees removed is a rolling count across a five-year period. For example, if three trees from category 1 are removed in July 2023, the count resets to zero in July 2028. However, if 1 tree from category 1 is removed in July 2023 and another in July of 2025 the first tree will come off the count in July 2028 and the second in July 2030.)
(b) 
Tree farms in active operation, nurseries, fruit orchards, and garden centers;
(c) 
Properties used for the practice of silviculture under an approved forest stewardship or Woodland Management Plan that is active and on file with the municipality;
(d) 
Any trees removed as part of a municipal or state decommissioning plan. This exemption only includes trees planted as part of the construction and predetermined to be removed in the decommissioning plan.
(e) 
Any trees removed pursuant to a New Jersey Department of Environmental Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved environmental clean-up, or NJDEP approved habitat enhancement plan;
(f) 
Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife;
(g) 
Hazard trees may be removed with no fee or replacement requirement.
(h) 
Lands within the jurisdiction of the New Jersey Pinelands Commission.
(2) 
Proper justification for an exemption shall be provided to the Township Administrator and Township Engineer, in writing, in the form of certified statements and/or photographs from a licensed tree expert as defined pursuant to N.J.S.A. 45:15C-12 under the Tree Experts and Tree Care Operators Licensing Act by all persons claiming an exemption.
E. 
Enforcement. This section shall be enforced by the Township Zoning Officer, Code Enforcement Officer, Township Engineer, Township Planner, and Police Department of Little Egg Harbor Township during the course of ordinary enforcement duties.
F. 
Penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a minimum fine of $500 or the amount required to replace the tree(s) and the cost of planting as determined by the Township Engineer, whichever is the higher amount. Any person(s) found to be in violation of this section shall also be subject to the penalties set forth in § 215-19.1, and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
Sidewalks shall be required, except in the PA, PV and FA Zones. Sidewalks shall be at least four inches thick of Class B concrete having a 28-day compressive strength of 4,500 pounds per square inch. Expansion joints shall be provided at 20-foot intervals in sidewalks, with construction joints at four-foot intervals. Expansion joints shall also be provided at all points where sidewalks intersect or abut concrete drive aprons and at all points where concrete drive aprons abut curbing. Concrete drive aprons shall have a thickness of at least six inches and shall be of Class B concrete having a 28-day compressive strength of 4,500 pounds per square inch and shall be air-entrained. Such driveway aprons shall be reinforced with six by six inches of 10/10 welded steel wire mesh.
Sight triangles shall be required at each quadrant of an intersection of streets and streets and driveways. The area within sight triangles shall be maintained as part of the lot adjoining the street and set aside on any subdivision or site plan as a sight triangle easement. Within a sight triangle, no grading, planting or structure shall be erected or maintained between 30 inches and 84 inches above the center line grade of each street or driveway intersection, excluding utility poles, street name signs and official traffic regulation signs. Where any street or driveway intersection involves earth banks or vegetation, including trees, the developer shall trim such vegetation and trees, as well as establish proper excavation and grading, to provide the sight triangle. Trees within a sight triangle or distance area shall be of sufficient size to be pruned to a seven-foot branching height upon planting. Planting within a sight triangle or distance area must be approved by the Township Engineer. The "sight triangle" is that area bounded by the intersecting street lines and a straight line which connects sight points located on each of the two intersecting center-line street lines the following distances away from the intersecting street lines: arterial streets at 300 feet, collector streets at 200 feet, minor collector roads at 120 feet and minor streets at 90 feet. Sight points for driveways shall be located on the center line of the driveway a distance of 30 feet from the right-of-way line of the intersecting roadway and on the center line of the intersecting roadway a distance of 90 feet from the center line of the driveway. The classification of existing and proposed streets shall be those shown on the adopted Master Plan or as designated by the Planning Board at the time of the application for approval for a new street not included on the Master Plan. A sight triangle easement dedication shall be expressed on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided for in the Township Land Development Ordinance." Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and may be included in establishing the minimum setbacks required by the zoning provisions.
[Amended 9-8-2005 by Ord. No. 2005-21; 3-25-2010 by Ord. No. 2010-05]
All lots, open spaces and planting areas shall be graded to secure proper drainage, to prevent the collection of stormwater and to prevent an adverse impact on adjacent properties. The grading shall be performed in a manner which will minimize the damage to or destruction of trees growing on the land. This shall include the installation of protective barriers, such as four-foot-high snow fence or silt fence along the drip line of the tree or at a distance of not less than four feet from shrubs and not less than 10 feet from trees. These barriers shall not be supported by the plants they are protecting, but shall be self-supporting. Topsoil shall be provided and/or redistributed on the surface as cover and shall be stabilized by seeding or planting. Gradings shall be designed to prevent or minimize drainage to structures or improvements when major storms, exceeding the design basis of the storm drainage system, occur. Grading plans shall have been submitted with the preliminary and final plats, and any departure from these plans must be approved in accordance with the requirements of this section for the modification of improvements. When the development of an individual lot is involved, a grading waiver may be granted with written approval by the Township Engineer.
A. 
Wherever possible, the land shall be graded so that the stormwater from each lot shall drain directly to the street. If impossible to drain directly to the street, it shall be directed to a system of interior yard drainage designed in accordance with this chapter.
B. 
Unless otherwise required by this chapter, all tree stumps, masonry and other obstructions shall be removed to a depth of two feet below existing or finished grade, whichever is lower.
C. 
The minimum slope for lawns and disturbed areas shall be 1 1/2% and, for smooth, hard-finished surfaces other than roadways, 4/10 of 1%.
D. 
The ground within eight feet, or 10 feet, of a building shall be graded in accordance with the New Jersey Uniform Construction Code, so as to drain surface water away from the foundation wall. The maximum grade for lawns and disturbed areas more than 10 feet from a building shall be 25%, except for driveways the maximum grade shall be 10%.
E. 
Site grading and filling, if necessary, shall be performed such that the outside finished grade shall be above the crown of the roadway directly in front of the structure in accordance with the standards set forth in this section. All lots being filled shall be filled so as to allow complete surface draining of the lot to the street or natural drainage right-of-ways. No construction or regrading shall be permitted which creates or aggravates water stagnation, siltation or drainage problems on adjacent properties. Any topsoil disturbed during approved operations shall be redistributed throughout the site.
F. 
Sites requiring cuts or fills shall be designed with retaining walls and protective tile or masonry rings such that a minimum amount of trees will have to be removed in order to meet existing grades.
G. 
Retaining walls installed in slope-control areas shall be constructed of heavy creosoted timber or logs, reinforced concrete, other reinforced masonry or of other construction acceptable to the Board Engineer and shall be adequately designed and detailed on the final plat to carry all earth pressures, including any surcharges. The heights of retaining walls shall not exceed 1/3 of the horizontal distance from the foundation wall of any building to the face of the retaining wall.
H. 
The subdivider shall take all necessary precautions to prevent any siltation of streams during the construction of the subdivision. The subdivider shall provide adequate provisions to prevent all deposition of silt or other eroded material in any stream or watercourse. Such provisions may include but are not limited to construction and maintenance of siltation basins or holding ponds and diversion berms throughout the course of construction and planting areas.
I. 
All lots, open space and planting areas shall be seeded with a suitable stabilizing ground cover approved by the Township Engineer. On any waterfront lots or open spaces, the Board may allow a suitable stabilizing ground cover other than seeding if approved by the Township Engineer.
J. 
No topsoil shall be removed from the site or used as soil. Topsoil moved during the course of construction shall be redistributed so as to provide at least four inches of spread cover to all seeding and planting areas of the subdivision and shall be stabilized by seeding or planting. In the event that the quantity of topsoil at the site is insufficient to provide four inches of cover for all seeding and planting areas, the developer shall provide and distribute a sufficient quantity of topsoil to provide such a cover. Topsoil shall be approved by the Township Engineer.
K. 
This section shall be applicable to all subdivisions, site plans and all individual dwelling unit(s) site disturbances.
L. 
If, in the opinion of the Township Engineer, the requirements of this section cannot be met, a certification from a licensed engineer or licensed land surveyor setting forth an acceptable drainage and grading plan shall be necessary prior to the issuance of a certificate of occupancy.
[Amended 12-13-2007 by Ord. No. 2007-26; 3-14-2019 by Ord. No. 2019-04; 2-11-2021 by Ord. No. 2021-01; 7-11-2024 by Ord. No. 2024-19]
A. 
Scope and purpose.
(1) 
Policy statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure best management practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for green infrastructure, water quality, quantity, and groundwater recharge.
(2) 
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection B
(3) 
Applicability.
(a) 
This section shall be applicable to the following major developments:
[1] 
Non-residential major developments and redevelopment projects; and
[2] 
Aspects of residential major developments and redevelopment projects that are not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21 et seq.
(b) 
This section shall also be applicable to all major developments undertaken by Little Egg Harbor Township.
(c) 
Applicability of this section to major developments shall comply with last amended N.J.A.C. 7:8-1.6, incorporated herein by reference.
(4) 
Compatibility with other permit and ordinance requirements.
Development approvals issued pursuant to this section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.
B. 
Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions used in this chapter shall be the same as the last amended Stormwater Management Rules at N.J.A.C. 7:8-1.2, incorporated herein by reference.
C. 
Design and performance standards for stormwater management measures. This section establishes design and performance standards for stormwater management measures for major development intended to minimize the adverse impact of stormwater runoff on water quality and water quantity and loss of groundwater recharge in receiving water bodies. Design and performance standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5, incorporated herein by reference.
D. 
Solids and floatable materials control standards.
(1) 
Site design features identified under Subsection C above, or alternative designs in accordance with Subsection C above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see Subsection D(2) below.
(a) 
Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
[1] 
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or
[2] 
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inch across the smallest dimension. Note that the Residential Site Improvement Standards at N.J.A.C. 5:21 include requirements for bicycle safe grates. Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.
[3] 
For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.
(2) 
The standard in Subsection D(1)(a) 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 4.625 inches long and 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 inch.
Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).
(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.
E. 
Safety standards for stormwater management basins.
(1) 
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin. Safety standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-6, incorporated herein by reference.
(2) 
Safety ledge illustration.
Elevation View — Basin Safety Ledge Configuration
F. 
Requirements for a Site Development Stormwater Plan:
(1) 
Submission of Site Development Stormwater Plan.
(a) 
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection F(3) below as part of the submission of the application for approval.
(b) 
The applicant shall demonstrate that the project meets the standards set forth in this section.
(c) 
The applicant shall submit 12 copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection F(3) of this section.
(2) 
Site development stormwater plan approval. The applicant's Site Development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this chapter.
(3) 
Submission of site development stormwater plan. The following information shall be required:
(a) 
Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of 1 inch = 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.
(b) 
Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.
(c) 
Project description and site plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.
(d) 
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsection C is being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(e) 
Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
[1] 
Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.
[2] 
Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.
(f) 
Calculations.
[1] 
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Subsection C of this section.
[2] 
When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.
(g) 
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection G.
(h) 
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection F(3)(a) through F(3)(f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
G. 
Maintenance and repair.
(1) 
Applicability. Projects subject to review as in Subsection A(3) of this section shall comply with the requirements of Subsection G(2) and G(3).
(2) 
General maintenance.
(a) 
Maintenance for stormwater management measures shall comply with last amended N.J.A.C. 7:8-5.8, incorporated herein by reference.
(b) 
The following requirements of N.J.A.C. 7:8-5.8 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department:
[1] 
If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation; and
[2] 
Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.
(c) 
In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or county may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.
(3) 
Stormwater basin access.
(a) 
The facility must be readily accessible from a street or other public right-of-way. Inspection and maintenance easements, connected to the street or right-of-way, should be provided around the entire facility. The exact limits of the easements and rights-of-way should be specified on the project plans and other appropriate documents.
(b) 
Access roads and gates shall be wide enough to allow passage of necessary maintenance vehicles and equipment, including trucks, backhoes, grass mowers, and mosquito control equipment. In general, a minimum right-of-way width of 15 feet and a minimum roadway width of 12 feet is required.
(c) 
To facilitate entry, a curb cut shall be provided where an access road meets a curbed roadway.
(d) 
To allow safe movement of maintenance vehicles, access ramps shall be provided to the bottom of all detention facilities greater than three feet in depth. Access ramps should not exceed 10% in grade.
(e) 
Access roads and ramps shall be stable and suitably lined to prevent rutting and other damage by maintenance vehicles and equipment.
(f) 
When backing up is difficult or dangerous, turning around areas should be provided at the end of all access roads.
(g) 
All stormwater basins shall be perimeter fenced for safety purposes. The minimum fence height shall be six feet.
(h) 
To allow safe movement of maintenance personnel and safe operation of equipment, fences shall be located at least three feet beyond the top or toe of any slope steeper than five horizontal to one vertical.
(i) 
Fences shall be constructed of durable, vandal-resistant materials. Fences must meet all municipal code requirements.
(j) 
Bottom fence rails shall be set at a maximum height of six inches above finished grade.
(k) 
Facility perimeters should be sized and stabilized to allow movement and operation of maintenance and mosquito control equipment. A minimum perimeter width of 25 feet between the facility and adjacent structures is required along at least one side of the facility. This portion of the perimeter shall be readily accessible from a street or other public or private right-of-way. Gates shall be equipped with a double lock system in cooperation with the Ocean County Mosquito Commission to permit same access to the basins.
(l) 
The top of bank for facilities constructed in cut and the toe of slope for facilities constructed in fill shall be located no closer than 10 feet to an existing or proposed property line.
(m) 
Stormwater basins shall be attractively buffered and landscaped, and designed as to minimize propaganda of insects, particularly mosquitoes. All landscaping and buffering shall be approved by the Board Engineer.
(n) 
For safe movement of personnel and safe operation of equipment, side slopes greater than five feet in height shall not be steeper than four horizontal to one vertical. Side slopes five feet or less in height shall not be steeper than three horizontal to one vertical. Flatter side slopes shall be constructed wherever possible.
(o) 
For safe movement of personnel and safe operation of equipment, side slopes steeper than five to one and higher than four feet shall be terraced at their midpoints. The terrace shall have a minimum width of three feet and shall be graded at 2% towards the lower half of the slope.
(p) 
Suitable access to and alongside slopes shall be provided for maintenance personnel and equipment.
(4) 
Maintenance guarantee. The applicant shall provide a maintenance guarantee to ensure that all stormwater management measures required under the provisions of this chapter will be maintained in perpetuity according to the specifications established herein. Conditioned upon Little Egg Harbor Township's approval, this may be accomplished by various mechanisms, including, but not limited to, the following:
(a) 
The applicant may be required to post a bond or other financial assurance mechanism in the amount Little Egg Harbor Township determines is needed to provide maintenance in perpetuity of all stormwater management measures;
(b) 
Little Egg Harbor Township may collect an up-front fee from the applicant in the amount Little Egg Harbor Township determines is needed to provide maintenance in perpetuity of all stormwater management measures. This up-front fee shall be expended by Little Egg Harbor Township for the sole purpose of conducting maintenance activities (including repair and renovation, if needed) for all stormwater management measures required under the applicant's major development application approval;
(c) 
The applicant may dedicate all stormwater management measures to the Little Egg Harbor Township, subsequent to which the Township shall assume all maintenance responsibilities; or
(d) 
The applicant may be required to deposit funds in escrow in the amount Little Egg Harbor Township determines is needed to provide maintenance in perpetuity of all stormwater management measures.
(5) 
Stormwater management maintenance fees. For purposes of this section, the calculation of the maintenance fee will be based on the type of stormwater management system, which is to serve the development, that is, a surface system, such as a detention or retention basin and subsurface infiltration system or a combination of the above. The fee shall be determined as follows:
(a) 
Surface stormwater management systems (detention or retention basins). The amount of the maintenance fee shall be the annual maintenance cost per acre multiplied by the 25-year maintenance period multiplied by the maintenance area in acres. The maintenance area of the stormwater management basin shall be defined to be the area included within a line drawn around the top of the bank of the basin, plus an additional 25 feet outward from the top of the bank. The annual maintenance cost per acre shall be $1,281.25. The minimum contribution regardless of the size of the basin, will be $12,500.
(b) 
Surface infiltration system. The amount of the maintenance fee shall be determined as follows: $1.25 per linear foot of the infiltration system per year for maintenance multiplied by a 25-year period, plus twice the cost of the subsurface infiltration system (not including structures). The replacement cost shall be the amount of the performance guaranties for the subsurface infiltration system, plus the amount of $34.50 per linear foot for road repair for any portion of the roadway disturbed by such replacement determined by the Township Engineer. The minimum fee, regardless of the length of infiltration system, shall be $12,500.
(c) 
Combination systems. The required fee shall be based on a combined total of the above.
H. 
Penalties. Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the following penalties set forth in § 215-19.1, and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
A. 
All streets shall be provided with stormwater inlets and pipes where same may be necessary for proper surface drainage. The system shall be adequate to carry off and/or store the stormwater and natural drainage water, which originates beyond the development boundaries and passes through the development calculated on the basis of maximum potential development as permitted under this chapter. No stormwater development as permitted under this chapter. No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structure on the other lands without proper and approved provisions being made for taking care of these conditions, including off-tract improvements. All drainage design and computation factors shall be submitted to the Board Engineer for review and approval and shall be conforming to the requirements of this chapter.
(1) 
The duration of storm used in computing stormwater runoff shall be the equivalent of the time required for water falling at the most remote point of the drainage area to reach the point in the drainage system under consideration.
(2) 
No pipe size in any storm drainage system shall be less than 15-inch diameter reinforced concrete pipe or its equivalent.
(3) 
Dished gutters shall not be permitted on any streets and intersections.
(4) 
Storm drain pipes shall be reinforced concrete pipe in all cases and shall be of the size specified and laid to the exact lines and grades approved by the Planning Board Engineer. Reinforced concrete pipe shall conform to the most current A.S.T.M. Specifications C76. All pipe shall be Class III, Wall B strength except where stronger pipe is required as determined by the board engineer. All pipe shall be designed for AASHO H20-44 loading, and shall meet the minimum cover requirements.
In locations other than within the right-of-way of public roads where, because of severe topographic conditions or the desire to minimize the destruction of trees and vegetation, corrugated aluminum pipe, pipe arch, helical corrugated pipe, or fully coated corrugated metal pipe, may be used. The material used shall comply with the Standard Specifications for Corrugated Aluminum Alloy Culvert Pipe and Pipe Arch AASHO designation M-196-62 or the Standard Specification for Aluminum Alloy Helical Pipe AASHO designation M-211-65. The minimum thickness of the aluminum pipe to be used shall be: less than 24-inch diameter or equivalent, 0.075 inch; 24-inch diameter and less than 48-inch diameter or equivalent, 0.105 inches; 49-inch but less than 72-inch diameter or equivalent, 0.135 inch; and 72-inch diameter or equivalent, and larger, 0.165 inch except where stronger pipe may be required as determined by the Board Engineer.
(5) 
For all development, blocks and lots shall be graded to secure proper drainage away from all buildings and to prevent the collection of stormwater in pools and to avoid concentration of stormwater from each lot to adjacent lots. Easements or right-of-ways shall be required in accordance with § 215-11.11, Easements, where storm drains are installed outside streets.
(6) 
Runoff. All storm drains shall be designed to carry the runoff from the entire upstream watershed. The quantity of the runoff shall be determined by the rational formula (or other formula acceptable to the Board Engineer).
(7) 
Conduit sizing. The sizing of conduit for the transmission of storm flow shall be determined by the use of the Manning Formula.
(8) 
Coefficient of runoff. The following minimum coefficients shall be used in determining runoff from all off-site contributing areas based upon permitted land use as determined by the current Zoning Ordinance[1]:
Residential use-lot size 1 acre or greater ...............................................C=0.30
Residential use lot size 20,000 sq. ft. or greater but less than 1 acre ....C=0.40
Residential use-lot size less than 20,000 square feet .............................C=0.50
Multi-family use .....................................................................................C=0.70
Commercial use ......................................................................................C=0.85
Industrial use ...........................................................................................C=0.80
Parks, and other permanent open space ..................................................C=0.20
In lieu of more detailed analysis, the above values shall be used to determine the runoff from on-site contributing areas. If the designer wishes to present a more detailed analysis the following coefficients shall be used in determining the average overall coefficient.
Paved surface (streets, drives, roofs, etc. ) ..........................................C=0.95
Unpaved bare surfaces ........................................................................C=0.60
Grassed areas (flat-less than 2%) .......................................................C=0.20
Grassed areas (average between 2 and 10%) .....................................C=0.30
Grassed areas (steep-more than 10%) ................................................C=0.40
[1]
Editor's Note: This chapter.
(9) 
Intensity or rainfall. All subdivision and site plan drainage collection systems shall be designed for a 10-year frequency rainfall, or if the above results in a conduit size at least equivalent to a 27-inch reinforced concrete pipe then a 25-year frequency rainfall shall be used or if the above results in a conduit size at least equivalent to a 54-inch reinforced concrete pipe then a 50-year frequency rainfall shall be used using the applicable time of concentration.
Rainfall data shall be taken from the U.S. Department of Commerce Technical Paper No. 25 "Rainfall Intensity-Duration-Frequency Curves" using the Atlantic City weather station data. Stream relocations, bridges, box culverts, pipes over 72 inches in diameter and other critical waterways, as determined by the Board Engineer, shall be designed for a 100-year frequency rainfall. In all cases, grading should be arranged so that flood damage to buildings and parked motor vehicles can be eliminated.
Detention, retention and recharge facilities are required for certain projects and shall be designed in accordance with the provisions set forth in this chapter.
(10) 
Coefficient of roughness. The following coefficient of roughness shall be used in the Manning Formula to determine pipe capacity:
Concrete pipe ....................................................................................C=0.013
Concrete pipe box culverts .................................................................C=0.015
Corrugated metal pipe/pipe arch 2 2/3 x 1/2 Corr ................................C=0.024
Corrugated metal pipe 3 x 1 Corr ........................................................C=0.026
Corrugated metal pipe/pipe arch (fully paved) .....................................C=0.015
Corrugated metal pipe arch (paved invert) ...........................................C=0.019
The following minimum values shall be used for open channels:
Concrete lined ...................................................................................C=0.015
Earth channels ...................................................................................C=0.025
Natural channels ........................................................................C=0.030 – 0.050
(11) 
Velocity restrictions. In general, velocities in closed conduits at design flow should be at least 2 1/2 feet per second but not more than that velocity which will cause erosion damage to the conduit. In general, velocities in open channels at design flow shall not be less than five-tenths foot per second and not greater than that velocity which will begin to cause erosion or scouring the channel. For unlined earth channels, the maximum velocity allowed will be two feet per second. For other channels sufficient design data and soil tests to determine the character of the channel shall be made by the subdivider and shall be made available to the Board at the time of drainage review. At the transitions between closed conduits and open channels or different types of open channels, suitable provisions must be made to accommodate the velocity transitions. These provisions may include rip rapping, gabions, lining, aprons, chutes and checks or others, all suitable detailed and approved. For all open channel flows tailwater depth and velocity calculations shall be submitted.
(12) 
Drainage structures. All drainage structures including manholes, inlets, headwalls and section and box culverts shall conform to the current details of the New Jersey Department of Transportation. Unless approved otherwise by the board engineer, all curb inlets shall be standard type "B" with curb piece heights equal to the exposed curb face of the adjacent curb plus two inches. All lawn inlets shall be standard type "E." When the pipe size is such as to require a larger structure, standard type "B1" or "B2," "E1" or "E2" shall be used. If still larger sizes are required, they shall be specifically detailed using standard frames and grates.
(13) 
Inlet capacity. The maximum collecting capacity of an inlet shall be: five cubic feet per second for Type "b" inlets and two cubic feet per second for Type "E" inlets, and in addition to gutter flow shall also be limited to provide a maximum gutter flow surface width of eight feet.
(14) 
Inlet location and spacing. Inlets shall be located as follows: At all street low points; in all gutters spaced to ensure that the runoff to each inlet does not exceed the collecting capacity as previously established; in yards and swales as required and as required at intersections to eliminate rocker gutters. In no event shall inlets be placed more than 600 feet apart.
(15) 
Alignment. Curved alignments shall not be permitted. All pipes shall be constructed on a tangent alignment.
(16) 
End section. All discharge pipes shall terminates with an end section which may be: precast flared concrete; flared corrugated metal; straight cast in place concrete or cast in place concrete with flared wingwalls. The final determination as to type of end treatment shall be subject to approval of the Board Engineer.
(17) 
Off-site drainage. All drainage systems shall terminate in an existing permanent natural body of water, drainage course, or as otherwise determined and approved by the Board Engineer.
(18) 
Open channels. Generally, unlined open channel cross section shall have side slopes not steeper than four to one for channel depths of two feet or less and not steeper than six to one for channel depths or more than two feet. Lined open channel sides slopes shall not be steeper than two to one. The bottom of all unlined channels and the channel side slopes to at least the design flow level will be sodded with suitable course grass sod. All unlined open channel side slopes above the design minimum flow level will be topsoiled and seeded or otherwise suitable stabilized in accordance with an approval soil disturbance permit. All unlined open channels which can be expected to have base flow of five cubic feet per second or more for at least two out of every 12 months will be provided with a low flow channel using gabions, rip-rap, lining, one third pipe section or other arrangements approved as part of the final plat submission.
(19) 
N.J.D.E.P. jurisdiction. All drainage facilities carrying runoff from tributary areas larger than one-half square miles or located within a floodplain must have the approval of the N.J. Division of Water Policy and Supply. All encroachments of natural waterways must be referred to the N.J. Division of Water Policy and Supply for approval in accordance with statute. The state may retain jurisdiction, in which case a permit will be necessary as set forth, or may refer the matter to the County Engineer for review.
(20) 
Nonpipe culverts. All nonpipe culverts shall be designed for AASHO H20-44 loading. All culverts of any type shall be carried to the roadway right-of-way and shall terminate with headwalls or other approved end treatment. All conduits terminating or beginning in open channels shall be provided with headwalls or other appropriate end treatment.
(21) 
Guiderails. Guiderails and/or railings shall be placed at all drainage structures where the interests of pedestrians or vehicular safety would dictate. The Board may require that any open channel other than naturally occurring streams be fenced within 48-inch high chain link fencing if the banks of the channel are steeper than one foot vertical for every four feet horizontal and either the total depth of the channel exceeds four feet or the channel would be expected to have a depth of flow greater than two feet more often than once every 10 years. For maintenance purposes, gates may be required by the Board at specified intervals.
(22) 
General drainage requirements.
(23) 
All development applications must be accompanied by the drainage area map and drainage calculations. No drainage pipe or easement shall be permitted within 25 feet of any existing or proposed individual sewerage disposal system. At least one foot and zero inches of minimum cover over the top of the pipe at all times, including during construction, must be provided.
(a) 
Subject to review and approval by the Board, the design of a subdivision may be modified to take advantage of the natural drainage features of the land. In such review the Board will use the following criteria:
[1] 
The utilization of the natural drainage system to the extent possible.
[2] 
The maintenance of the natural drainage system as much as possible in its unimproved state.
[3] 
When drainage channels are required, wide shallow swales with natural vegetation will be preferred to other sections.
[4] 
The construction of flow-retarding devices, detention areas and recharge berms to minimize runoff value increases.
[5] 
Maintenance of base flow in streams, reservoirs and ponds.
[6] 
The reinforcement, improvement and/or extension of the natural drainage system to such extent as is necessary to eliminate flooding and excess maintenance requirements.
(b) 
All developments or portions of total schemes of development which, based upon the preliminary plat submission, total 15 or more acres will be expected, to the extent that the Board considers possible, to limit the total stormwater runoff from the site after development to not more than the runoff from the site in its undeveloped state. The utilization of the provisions of this subsection to limit such runoff is encouraged. However, the Board may require the use of reasonable artificial methods of detention and/or recharge if it determines that natural provisions are not feasible.
[1] 
The Board may waive the provisions of this subsection if the nature of the development, the character of adjacent previously developed areas or other factors make the utilization of natural drainage features or runoff limiting devices inadvisable or impractical.
[2] 
When a subdivider or the engineer determines that it will be necessary to utilize design standards in addition to or other than those minimum requirements established herein, the engineer is advised to consult with the Board Engineer prior to beginning the detailed design for review and approval of the proposed design standards. Standards utilized should generally be nationally recognized and in common use in this area.
[3] 
When the Board and/or Board Engineer finds it necessary, they may waive any or all of the requirements established herein and may require additional information, in accordance with N.J.S.A. 40:55D-51.
[4] 
The Township shall ascertain, in each drainage instance, the drainage area of which the specific subdivision is a part, and apportion the fair costs of adequate drainage for the whole drainage area among landowners who contribute to or who will contribute to the stormwater runoff if the subdivision is approved.
[5] 
Each applicant for a subdivision requiring provisions for overall drainage of stormwater runoff shall install an adequate drainage system in the specific subdivision and shall also pay in cash to the Township the fair cost so apportioned to the specific subdivision for the ultimate disposal of the stormwater runoff to such ultimate adequate outlet for final disposal as aforesaid. Each payment made to the Township shall be held by it in trust until the overall ultimate disposal system is constructed for the drainage area in question, at which time the trust funds raised for that drainage area may be used for such construction in and for that area.
(24) 
floodplain regulations. The purposes of the following floodplain regulations are: (a) to implement the land use rules and regulations promulgated by the New Jersey Department of Environmental Protection for floodways and the flood fringe portion of a flood hazard area; (b) to discourage construction and regrading in flood hazards areas; (c) to prevent encroachments into flood hazard areas which would obstruct or constrict the area through which water must pass; and (d) to prevent pollution of water courses during low- or high-water periods by preventing the placing or storing of unsanitary or dangerous substances in the flood hazard areas.
(a) 
The flood hazard design elevation shall be determined on an individual basis based upon stream encroachment line data from the division of water resources or, in the absence of that data, the flood elevation based on a 100-year storm frequency. One or the other shall be delineated on the plat. In addition, the Planning Board Engineer may, upon receipt of the application and with the consent of the landowner, and at the landowner's expense, determine the precise location of a floodway and flood fringe area by close inspection, field survey or other appropriate method and cause, if requested the same to be marked on the ground and on the plat, and notifying the owner, the N.J. Department of Environmental Protection, Division of Water Resources and the approving authority. The assistance of the United States Department of Agriculture, Soil Conservation Service, U.S. Corps of Engineers, and the New Jersey Department of Environmental Protection, Division of Water Resources may be sought to aid in delineating the flood hazard design elevation except that where state or federal agencies shall subsequently publish any reports which delineate the flood hazard design elevation of a water course, the report shall be the officially delineated flood hazard area as if the report were published in this chapter.
(b) 
Any lot containing a floodway portion of a drainage course and on which it is proposed to regrade and/or construct an improvement shall not be permitted unless the proposed use is permitted by this chapter, plat approval has been granted, and a floodway permit has been issued by the New Jersey Department of Environmental Protection, Division of Water Resources where required by state regulations.
(c) 
Any lot containing a flood fringe portion of the flood hazard area and on which it is proposed to regrade and/or construct an improvement shall not be permitted unless the proposed use is permitted by this chapter and until plat approval has been granted.
(d) 
The procedure for reviewing any proposed regrading and/or construction shall be the same as set forth for plat review. No application shall be approved and no permit granted until all zoning violations have either been corrected or a variance granted.
(e) 
Regulation of the flood fringe portion of the flood hazard area shall be consistent in the approving the authority's determination with the criteria and standards promulgated by the N.J. Department of Environmental Protection governing the flood fringe area.
(f) 
The applicant shall submit maps, reports, and other appropriate documents permitting the approving authority to evaluate whether the proposal has an inherent low flood damage potential; does not obstruct flood flows or increase flood heights and/or velocities; does not affect adversely the water carrying capacity of any delineated floodway and/or channel; does not increase local runoff and erosion; does not unduly stress the natural environment of the floodplain or degrade the quality of surface water or the quality and quantity of groundwaters; does not require channel modification or relocation; does not require fill or the erection of structures; does not include the storage of equipment and materials.
(g) 
Where a development is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream, there shall be provided and dedicated a drainage right-of-way easement to the municipality conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate to accommodate expected stormwater runoff in the future based upon reasonable growth potential in the municipality. The minimum width of easement for channel sections shall be the maximum design top width of the channel section segment plus 20 feet rounded to the next highest five-foot increment. However, if the floodway is not ascertainable for a stream or open channel, the width of drainage easement shall extend 50 feet beyond the top of bank on both sides of the drainage course.
An applicant shall be required to dedicate proposed stormwater management systems to the Township and shall enter into an agreement with the Township to that end. Such agreement shall be a condition of final approval and shall be fully executed prior to release of performance guarantees, and acceptance of the stormwater management agreement shall require payment of the fee set forth in § 215-12.14 in consideration of the Township assuming all future maintenance of the stormwater management facilities. The form of agreement shall be approved by the Township Attorney. The agreement, upon execution, shall be recorded by the applicant in the Office of the County Clerk. The applicant shall thereafter file a copy of the recorded agreement with the Township. Upon certification by the Township Engineer that the performance guarantee for the project may be released, acceptance of the stormwater management facilities by the Township shall be specifically stated in the resolution authorizing the guarantee release. The Township shall retain the cash portion of the guarantee a sum equal to the maintenance fee approved as to amount by the Township Engineer in accordance with the formula in this chapter. In the event that the cash portion of the guarantee is less than the required maintenance fee, the developer shall post the deficit in cash. Any interim performance guarantee reductions authorized by the Township shall not be construed to mean that all or any part of the stormwater management system has been accepted by the Township nor shall any such interim reduction reduce the cash portion of the guarantee to an amount less than the required maintenance fee. It shall be the applicant's responsibility to maintain the stormwater management system during construction.
[Amended 10-8-2005 by Ord. No. 2005-29]
A. 
For purposes of this section, the calculation of the maintenance fee will be based on the type of stormwater management system which is to serve the development, that is, a surface system, such as a detention or retention basin and subsurface infiltration system or a combination of the above. The fee shall be determined as follows:
(1) 
Surface stormwater management systems (detention or retention basins). The amount of the maintenance fee shall be the annual maintenance cost per acre multiplied by the 25-year maintenance period multiplied by the maintenance area in acres. The maintenance area of the stormwater management basin shall be defined to be the area included within a line drawn around the top of the bank of the basin, plus an additional 25 feet outward from the top of the bank. The annual maintenance cost per acre shall be $1,281.25. The minimum contribution regardless of the size of the basin, will be $12,500.
(2) 
Surface infiltration system. The amount of the maintenance fee shall be determined as follows: $1.25 per linear foot of the infiltration system per year for maintenance multiplied by a 25-year period, plus twice the cost of the subsurface infiltration system (not including structures). The replacement cost shall be the amount of the performance guaranties for the subsurface infiltration system, plus the amount of $34.50 per linear foot for road repair for any portion of the roadway disturbed by such replacement determined by the Township Engineer. The minimum fee, regardless of the length of infiltration system, shall be $12,500.
(3) 
Combination systems. The required fee shall be based on a combined total of the above.
A. 
Traffic circulation. The site plan shall provide a safe and efficient circulation system for the movement of vehicles and pedestrians off the site and on the tract.
B. 
Access driveways.
(1) 
All entrance and exit driveways shall be located so as to afford maximum safety and minimum disruption of traffic on the street.
(2) 
The dimensions of entrance and exit driveways and internal roads shall be adequate to accommodate the volume and character of vehicles anticipated to be using the site. The required dimensions for driveways and interior roads shall be as follows:
(a) 
12 feet minimum for one-way operation.
(b) 
24 feet minimum for two-way operation.
(c) 
28 feet minimum for fire lanes.
(3) 
Driveways serving a development having 50 or fewer parking spaces may use a 1 1/2-inch-high depressed curb and concrete apron driveway and concrete walk. Those having more than 50 parking spaces, however, shall use curb returns of not less than 10 feet minimum nor 20 feet maximum in radius, except as otherwise directed by the New Jersey Department of Transportation.
(4) 
Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage.
(5) 
Driveway grades shall adhere to the following: 3/4% minimum to 10% maximum. A maximum slope of 2% for the first 20 feet from the street line shall be maintained.
(6) 
Curb cuts to a public street shall not be closer than 25 feet to the point of curvature or point of tangent of the corner radius curb of an intersecting street, or, if required parking spaces exceed 100, then the driveway curb cuts shall not be closer than 100 feet to the point of curvature or point of tangent of the corner radius of the intersecting street.
(7) 
The number of permitted driveways provided from a site shall be related to the type of street and traffic volume thereon and the number and location of other access points therefrom.
(8) 
Driveway pavement shall extend to the paved portion of the street with which it connects and shall be constructed with a minimum of two inches of stabilized base course and 1 1/2 inches of FABC surface course or an approved equal.
(9) 
Driveways are to be curbed on both sides.
(10) 
Within all residential zones within the Township, with exception of the R-50 Zone, the minimum side yard setback for a driveway shall be:
(a) 
Five feet where the garage doors front a public street or where the garage is detached from the principal structure; or
(b) 
Three feet where the garage doors do not front a public street (i.e., side load garage).
(11) 
All pavement area shall be constructed with six inches of Type 2, Class A or B, gravel subbase, in addition to bituminous stabilized base course and FABC surface course as specified, or an approved equal.
(12) 
In parking lots having a capacity of more than 100 cars, a main access drive shall be provided from points of ingress and egress. No parking shall be permitted on the main access drive, nor shall it serve as an access aisle to adjacent parking spaces.
(13) 
All access drives shall provide a minimum outside turning radius of 30 feet unless as a fire lane, in which case they shall provide a minimum outside turning radius of 50 feet.
(14) 
The maximum width of a driveway depression for a two-car capacity driveway shall be 23 feet.
A. 
Design requirements.
(1) 
The number and size of all parking and loading spaces shall meet the requirements of this section.
(2) 
Any off-street loading spaces shall have a minimum height clearance of 15 feet and be designed in accordance with the following criteria:
Loading Space
Apron/Aisle Length
Length
(feet)
Width
(feet)
(90°)
(feet)
(60°)
(feet)
60
10
72
66
60
12
62
57
60
14
60
54
(3) 
Ingress to and egress from a parking or loading area shall be paved and shall include turning areas to ensure ease of mobility, ample clearance and the safety of vehicles and pedestrians.
(4) 
Parking areas serving light-duty vehicles shall be constructed with a minimum of two inches of stabilized base course and 1 1/2 inches of FABC surface course, or an approved equal, and shall be sufficiently drained so as to prevent an accumulation of water on the site.
(5) 
All pavement areas shall be constructed with six-inch-thick Type 2, Class A or B, gravel subbase, in addition to the bituminous stabilized base course and FABC surface course as specified.
(6) 
A parking area shall be illuminated if used after sunset, and such illumination shall provide a minimum of 0.5 lumen per square foot throughout the area and be shielded from adjoining streets or properties. The location of the parking lot light structure shall be in accordance with the requirements of § 215-12.16.
(7) 
Off-street parking and loading areas shall be designed to prevent the maneuvering of vehicles into or out of parking or loading spaces within any portion of any street.
(a) 
The plan shall include both inside curve radius and outside curve radius for all curves on the site. This is to include the entrances to and exits from fire lanes, loading areas, parking aisles and all entrances and exits from the site. The minimum curve radius shall meet the requirements as outlined in the Design Vehicles and Minimum Turning Path Chart.
(8) 
Parking dimensions shall meet the following standards:
(a) 
Each dead-storage bay of an off-street parking space may be perpendicular with the aisle, parallel with the aisle or at any angle between 60° and 90°.
(b) 
No angle parking layout shall be permitted with an angle less than 60°. The following are minimum stall and aisle dimensions:
Type
Aisle Width
(feet)
Stall Dimensions
(feet)
90-degree parking
24
9 x 18
60-degree parking
18
9 x 18
Parallel parking
1-way operation
12
9 x 22
2-way operation
24
9 x 22
(9) 
Parking or loading space stripes shall be four inches wide using white reflective paint. Hatch lines shall be on an angle of 45° and shall consist of stripes four inches wide using yellow reflective paint two feet on center.
(10) 
All parking and loading areas are to be curbed.
(11) 
No paved area shall be closer to any property line than 15 feet, unless otherwise permitted herein.
(12) 
The maximum grade permitted in parking areas shall be 6%; the minimum grade permitted in parking areas shall be 3/4%.
(13) 
Location of parking. Where parking is permitted between the front building line and the street line, a safety island or raised median separating the public street from the parking area shall be provided for intermediate and large parking in accordance with the following minimum requirements:
(a) 
The width of the safety island shall be that width between the proposed street curbline and a point five feet inside the property line. When this width is less than 25 feet, the parking area shall be reduced to provide a minimum width for the safety island of 15 feet. All required tree and shrub plantings shall be planted on the on-site portion of the safety island, with the exception of streetscape plantings as required herein.
(b) 
Safety islands shall be raised a minimum of six inches above the adjacent parking area.
(c) 
Safety islands shall be topsoiled and seeded or otherwise landscaped as required by § 215-11.8.
(14) 
Small parking areas. Parking lots having 10 or fewer spaces shall comply with all applicable requirements of this chapter and shall also be bordered by a 15-foot unbroken, landscaped strip alongside property lines from the street line to the rear lot line, unless the Board, for good cause, shall waive such requirements; provided, however, that for parking lots having 10 or fewer spaces, only a two-inch compacted thickness bituminous concrete FABC surface course on six-inch compacted gravel base course will be required.
(15) 
Intermediate-size parking areas. Parking areas having more than 10 spaces but fewer than 101 spaces shall be designed to fulfill the following minimum requirements:
(a) 
A safety island or raised median shall be provided as herein described.
(b) 
Not more than one two-way access driveway or two one-way access driveways shall be provided on any one street unless approval otherwise is obtained from the body, agency or official having jurisdiction over the plan.
(c) 
Design of the parking area shall include planting islands, which shall be a minimum of 10% of the total parking area. These islands shall include planting as required by § 215-11.8. Parking bays shall be separated from access or circulation drives by a planting island (of 10-foot minimum width) or area for the full width of a bay at the ends of rows.
(16) 
Large parking areas. Parking lots which have a capacity for parking more than 100 vehicles shall incorporate the following minimum design standards:
(a) 
No parking stalls, which shall require the use of the entrance and exit driveways as access aisles, shall be permitted.
(b) 
All access driveways located along one-way streets or divided highways shall be separate on-way driveways. The driveways shall be located so that vehicles enter the parking area at the beginning of the property and exit at the far end of the property, unless other considerations, such as median openings, dictate otherwise.
(c) 
All directional (one-way) driveways shall be marked by appropriate signs facing all peripheral service roads serving the property as well as the parking area.
(d) 
No driveway shall be located less than 30 feet from the existing drive.
(e) 
The design of the parking area shall include planting islands, which shall be a minimum of 10% of the total parking area. These islands shall include planting as required by § 215-11.8. Parking bays shall be separated from access or circulation drives by a planting island (of 10-foot minimum width) or area for the full width of a bay at the ends of rows. The parking lot shall, where possible, be subdivided into modular parking bays or lots of not greater than 50 spaces each. These modules shall be separated by a landscape island of a minimum 10-foot width. When appropriate, pedestrian walkways shall be provided on these islands. A single line or row within a bay should be no more than 20 spaces in length.
(f) 
The parking area shall contain location markers clearly visible from all areas of the parking lot Location markers shall be placed, at a minimum, at one marker per 25 parking stalls.
(17) 
Intermediate and large parking areas shall be designed so as to provide for a Fire Zone adjacent to the building(s). Parking shall not be permitted in a Fire Zone. Fire Zones shall be at least 20 feet in width and may be used for on-site traffic circulation but shall have a turning radius of 50 feet at any entrance and exit of the site. These zones shall be labeled "Fire Zones, No Stopping or Standing."
(18) 
Parking for the handicapped.
(a) 
Parking spaces for the handicapped shall be located to provide convenient access to building entrances by way of depressed curbs and ramps in accordance with state regulations. All handicapped spaces shall comply with state design standards. The number of spaces to be provided shall be determined by the following table:
Total Parking in Lot
Required Minimum Number of Accessible Spaces
1 to 25
1
26 to 50
2
51 to 75
3
76 to 100
4
101 to 150
5
151 to 200
6
201 to 300
7
301 to 400
8
401 to 500
9
501 to 1,000
2% of total
1,001 and over
20, plus 1 for each 100 over 1,000
[1] 
One in every eight accessible spaces, but not less than one, shall be served by an access aisle 96 inches wide minimum and shall be designated "van-accessible" as required by Subsection A(18)(e). The vertical clearance at such spaces shall comply with Subsection A(18)(f). All such spaces may be grouped on one level of a parking structure.
[2] 
If passenger loading zones are provided, then at least one passenger loading zone shall comply with Subsection A(18)(g).
[3] 
At facilities providing medical care and other services for persons with mobility impairments, parking spaces complying with Subsection A(18)(b) through (g) shall be provided in accordance with Subsection A(18)(a), except as follows:
[a] 
Outpatient units and facilities: 10% of the total number of parking spaces provided serving each such outpatient unit or facility.
[b] 
Units and facilities that specialize in treatment or services for persons with mobility impairments: 20% of the total number of parking spaces provided serving each such unit or facility.
[4] 
Valet parking. Valet parking facilities shall provide a passenger loading zone complying with Subsection A(18)(g) located on an accessible route to the entrance of the facility. Subsections A(18)(a), (a)[1] and (a)[3] in this section do not apply to valet parking facilities.
(b) 
Minimum number. Parking spaces required to be accessible by Subsection A(18)(a) shall comply with Subsection A(18)(c) through (f). Passenger loading zones required to be accessible by Subsection A(18)(a) shall comply with Subsection A(18)(f) and (g).
(c) 
Location. Accessible parking spaces serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance. In parking facilities that do not serve a particular building, accessible parking shall be located on the shortest accessible route of travel to an accessible pedestrian entrance of the parking facility. In buildings with multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located closest to the accessible entrances.
(d) 
Parking spaces. Accessible parking spaces shall be at least eight feet wide. Parking access aisles shall be part of an accessible route to the building or facility entrance and shall comply with accessible route requirements of the Barrier Free Subcode of the New Jersey Uniform Construction Code (UCC). Two accessible parking spaces may share a common aisle. Parked vehicle overhangs shall not reduce the clear width of an accessible route. Parking spaces and access aisles shall be level with surface slopes not exceeding 1:50 [2%] in all directions.
(e) 
Signage. Accessible parking spaces shall be designated as reserved by a sign showing the symbol of accessibility. Spaces complying with Subsection A(18)(a) shall have an additional sign "Van-Accessible" mounted below the symbol of accessibility. Such signs shall be located so they cannot be obscured by a vehicle parking in the space.
(f) 
Vertical clearance. A minimum vertical clearance of 9.5 feet shall be provided at accessible passenger loading zones and along at least one vehicle access route to such areas from site entrance(s) and exit(s). At parking spaces complying with Subsection A(18)(a), a minimum vertical clearance of 98 inches at the parking space and along at least one vehicle access route to such spaces from site entrance(s) and exit(s) shall be provided.
(g) 
Passenger loading zones. Passenger loading zones shall provide an access aisle at least five feet wide and 20 feet long adjacent and parallel to the vehicle pull-up space. If there are curbs between the access aisle and the vehicle pull-up space, then a curb ramp complying with the New Jersey UCC shall be provided. Vehicle standing spaces and access aisles shall be level with surface slopes not exceeding 1:50 (2%) in all directions.
(19) 
Landscaping. Landscaping in parking and loading areas shall be shown on the landscaping plan. Trees shall be staggered and/or spaced so as not to interfere with driver vision and have branches no lower than six feet. All areas between the parking area and the building shall be landscaped.
(20) 
Minimum parking requirements shall be as follows:
(a) 
Automotive repair garage or body shop: four parking spaces per each bay.
(b) 
Automotive sales and service: one parking space for each 400 square feet of gross floor area shall be provided for customer and employee parking. These areas shall be in addition to areas utilized for display and storage of vehicles. Site plans shall specify which parking spaces are designated for customers, employees, display and storage.
(c) 
Automotive service station:
[1] 
Gas only: four parking spaces.
[2] 
Gas and convenience store: six parking spaces.
[3] 
Gas, convenience store and service bays: 10 parking spaces.
[4] 
Gas, convenience store and car wash: eight parking spaces.
(d) 
Banks: three parking spaces per 1,000 square feet of gross floor area.
(e) 
Bar: 15 parking spaces per 1,000 square feet of gross floor area or 0.5 parking space per seat.
(f) 
Barber and beauty shop: three parking spaces for each beautician chair or two parking spaces for each barber chair (if known), but not fewer than one parking space per 200 square feet of gross floor area.
(g) 
Car washes: one parking space per employee, plus off-street storage (stacking) space equal to at least 10 spaces per washing lane. For self-wash or self-service car washes, off-street storage space shall be five spaces per washing lane.
(h) 
Church, synagogue, temple or mosque: 0.33 parking space per seat.
(i) 
Convalescent home, nursing home or residential health-care facility: one parking space for each three beds based on its licensed bed capacity.
(j) 
Fast-food establishment: one parking space for each 75 square feet of gross floor area. If located within a shopping center, then one parking space for each 100 square feet of gross floor area or:
[1] 
Drive-up: 0.3 parking space per seat.
[2] 
With drive-through: 0.3 parking space per seat.
[3] 
Without drive-through: 0.5 parking space per seat.
(k) 
Funeral home: 5.4 parking spaces per 1,000 square feet of gross floor area.
(l) 
Furniture or carpet store: 1.2 parking spaces per 1,000 square feet of gross leasable area.
(m) 
Hospital: 1.83 parking spaces for each bed, based on its licensed capacity.
(n) 
Hotel or motel: one parking space per room, plus 0.5 parking space per employee; adjust upward for restaurants.
(o) 
Industrial uses:
[1] 
Assembly operations: 1.25 parking spaces per 1,000 square feet of gross floor area.
[2] 
Industrial, light: 2.1 parking spaces per 1,000 square feet of gross floor area or 1.5 parking spaces per employee of largest shift.
[3] 
Manufacturing: 1.6 parking spaces per 1,000 square feet of gross floor area or 0.7 parking spaces per employee of largest shift.
[4] 
Research lab: 2.5 parking spaces per 1,000 square feet of gross floor area or one parking space per employee of largest shift.
[5] 
Warehouse/high tech or flex space: 0.66 parking space per 1,000 square feet of gross floor area.
(p) 
Library or museum: 3.3 parking spaces per 1,000 square feet of gross floor area.
(q) 
Medical center: one parking space for each 250 square feet of gross floor area.
(r) 
Office uses:
[1] 
General: 3.5 parking spaces per 1,000 square feet of gross floor area.
[2] 
Dental or medical: five parking spaces per 1,000 square feet of gross floor area.
(s) 
Recreational uses:
[1] 
Bowling alley: four and 4.5 parking spaces per lane.
[2] 
Golf course: eight parking spaces per hole.
[3] 
Health club: eight and 8.5 parking spaces per 1,000 square feet of gross floor area.
[4] 
Marina: 0.5 parking space per boat slip.
[5] 
Miniature golf: 1.5 parking spaces per hole.
[6] 
Pool hall/arcade: four parking spaces per 1,000 square feet of gross floor area.
[7] 
Skating rink: seven parking spaces per 1,000 square feet of gross floor area.
[8] 
Stadium: 0.25 parking space per seat.
[9] 
Swimming pool: 0.25 parking space per person in pool.
[10] 
Tennis court: three parking spaces per court.
(t) 
Restaurant:
[1] 
High turnover: 0.5 parking space per seat.
[2] 
Lower turnover: 0.3 parking space per seat.
(21) 
Retail store, freestanding: four parking spaces per 1,000 square feet of gross leasable area.
(22) 
Schools.
(a) 
Nursery, elementary or intermediate: 1.5 parking spaces per classroom, but not less than one parking space per teacher and staff.
(b) 
High school: 0.23 parking space per student.
(c) 
College: 0.62 parking space per student.
(23) 
Shopping center (includes neighborhood, community, regional and super regional):
(a) 
Under 600,000 square feet: four parking spaces per 1,000 square feet of gross leasable area; adjust upward for theaters and restaurants.
(b) 
Greater than 600,000 square feet: five parking spaces per 1,000 square feet of gross leasable area.
(24) 
Storage, self: one parking space for each unit, plus one parking space for each employee.
(25) 
Supermarket; freestanding: seven parking spaces per 1,000 square feet of gross floor area.
(26) 
Theater: 0.4 parking space per seat.
(27) 
Veterinary clinics or hospitals or animal care facilities: one parking space for each 400 square feet of gross floor area.
(28) 
The parking space required for a use not specifically mentioned herein shall be the same as required for a use of similar nature, as determined by the Board, based upon that use enumerated herein which is most similar to the proposed use. If there is no use enumerated herein having sufficient similarity to the proposed use to enable the Board to establish rational parking requirements, the Board may, in its discretion, direct the applicant to furnish the Board with such data as may be necessary to enable the Board to establish rational parking requirements.
(29) 
Off-street parking requirements for residential land uses.
Off-Street Parking Requirements
Residential Use
Spaces
Single-family detached
2-bedroom
1.5
3-bedroom
2.0
4-bedroom
2.5
5-bedroom
3.0
Garden apartment
1-bedroom
1.8
2-bedroom
2.0
3-bedroom
2.1
Townhouse
1-bedroom
1.8
2-bedroom
2.3
3-bedroom
2.4
Mobile home
1-bedroom
1.8
2-bedroom
2.0
(30) 
Miscellaneous criteria for calculating the amount of parking required. In computing the number of above-required parking spaces, the following rules shall govern:
(a) 
Where fractional space results, the required number shall be construed to be the nearest whole number.
(b) 
Nothing in the above requirements shall be construed to prevent the joint use of off-street parking facilities by two or more uses, provided that the total of such spaces shall not be fewer than the sum of the requirements for various individual uses computed separately by the above requirements.
(c) 
All required parking facilities shall be located on the same lot or parcel as the structure or use they shall serve. In the case of nonresidential uses, parking facilities may be provided on other lots or parcels but shall not be greater than 300 feet from the structure or use they shall serve.
(d) 
Where special traffic problems exist, the Planning Board may require a special survey of conditions, at the applicant's cost, and require the location of entrances and exits in the parking lot to be altered to minimize congestion and hazard.
B. 
Minimum loading requirements. Adequate off-street loading and maneuvering space shall be provided for every retail or wholesale commercial and/or industrial use. The following standards shall be applied:
(1) 
Required number of off-street loading spaces:
(a) 
Schools: one loading space.
(b) 
Hospitals with gross floor area:
[1] 
Under 10,000 square feet: one loading space.
[2] 
From 10,000 to 30,000 square feet of gross floor area: two loading spaces.
(c) 
Funeral homes: one loading space.
(d) 
Office, hotel, retail service, wholesale, warehouse, manufacturing or processing or repairing uses with a gross floor area:
[1] 
Under 10,000 square feet: one loading space required.
[2] 
From 10,000 to 25,000 square feet of gross floor area: two loading spaces.
[3] 
From 25,001 to 60,000 square feet of gross floor area: three loading spaces.
[4] 
From 60,001 to 100,000 square feet of gross floor area: four loading spaces.
(e) 
Off-street loading facilities for separate uses may be provided jointly if the total number of spaces so provided is not less than the sum of the separate requirements for each use, and provided that all regulations governing the location of accessory spaces in relation to the use served are adhered to and that no accessory space or portion thereof shall serve as a required space for more than one use.
(2) 
There shall be a minimum of one trash/refuse enclosure and collection location, separate from any parking or loading area and located in a separate enclosure area. The refuse collection or enclosure area shall be totally enclosed and screened from view in accordance with the requirements in § 215-11.18, screening of refuse area. The refuse enclosure area may be located adjacent or within the general loading area(s), provided that containers or enclosures in no way interfere with or restrict loading and unloading.
(3) 
Where any use is located on a tract of at least 50 acres and no portion of a loading area, including maneuvering areas, is closer 200 feet to any property line and where the length of the driveway connecting the loading area to the street is at least 300 feet, the number of off-street loading spaces may be less than the number required by the schedule above, provided that the applicant, as part of the site plan, shall document to the approving authority how the number of spaces to be provided will be adequate to meet the needs of the specific use proposed
(4) 
Access to truck standing, loading and unloading areas may be provided directly from a public street or alley or from any right-of-way that will not interfere with public convenience and will permit orderly and safe movement of truck vehicles.
(5) 
Unless otherwise permitted, fire zones shall not be used as standing, loading or unloading areas.
(6) 
Loading areas, as required under this section, shall be provided in addition to off-street parking spaces and shall not be considered as supplying off-street parking spaces.
(7) 
No off-street loading or unloading area shall be permitted in any required front yard area.
C. 
Location of parking and loading areas.
(1) 
Loading spaces shall be located on the same lot as the use being served, may abut the served rather than requiring a setback from the building and shall be located to directly serve the building for which the space is being provided. Loading spaces shall be located at least 20 feet from any building being served. No off-street parking or loading space shall have direct access from a street.
(2) 
No loading and parking spaces shall be located in any required buffer area.
(3) 
No parking shall be permitted in fire lanes, streets, driveways, aisles, sidewalks or turning areas.
(4) 
Off-street loading spaces shall have 15 feet of vertical clearance and be designed in accordance with the following criteria:
Loading Space
Apron/Aisle Length
Length
(feet)
Width
(feet)
(90°)
(feet)
(60°)
(feet)
60
10
72
66
60
12
62
57
60
14
60
54
[Amended 9-8-2016 by Ord. No. 2016-08]
A. 
A "fence" or "fencing" shall be defined as any wood, masonry, metal or aluminum structure(s) or any wall or hedges constructed on the front, side or rear yard and designated to shield, screen or protect a lot(s) or a portion of a lot(s).
B. 
General requirements.
(1) 
All fences hereinafter erected, rebuilt, renovated and maintained in any district in the Township shall be subject to the following rules, requirements and regulations:
(a) 
On any lot in any district, no fence, wall or hedge shall be erected, built, renovated or maintained so that said fence, wall or hedge shall exceed six feet in height. See-through fencing may be constructed to a maximum height of six feet in accordance with all other provisions contained herein.
(b) 
The height of all fences, walls and hedges shall be measured from the ground elevation or finished grade a vertical distance of six feet.
(c) 
"See-through fencing" shall be defined as any fence or fencing having a consistent density of not greater than 50% for all fences, living fences and hedges.
(d) 
Fences on lagoon properties shall be of a see-through type or variety for a minimum of 15 feet from any bulkhead or rear property line along the side line or side yard of any residential lot so as not to obstruct the view of the lagoon. The entire rear line or rear yard fence shall also be of a see-through type or variety. All living fences and hedges shall adhere to the above-stated 15-foot side-line regulations and shall not be constructed in a continuous non-see-through manner.
(e) 
All fences shall be constructed with the face or finished side away from the structural side toward the interior of the lot(s) on which they are erected.
(f) 
Fences which are painted or stained shall be of one harmonious color throughout each individual lot(s) and blend with the character of the surrounding neighborhood.
(g) 
No fence shall be constructed with barbed wire or electrified or topped with spikes, sharp points or any other dangerous object(s) which may be hazardous to persons or animals.
(h) 
Living fences, hedges or screen plantings shall be planted no closer than six inches to a property line and shall be maintained in a neatly trimmed and aesthetically pleasing condition.
(i) 
Fences shall not be erected on a property line without the approval, in writing, of the adjoining property owners. All fences shall be erected a minimum of six inches from the property line on which they will be located.
(j) 
Fences shall be erected in a proper manner so as to permit the free flow of natural drainage and prohibit the blocking, obstruction, damming and/or ponding of surface water on the lot on which they are erected and on all contiguous and adjoining properties.
(k) 
No fence, wall or hedge shall be used as a side of a shed, building or accessory structure.
(l) 
No fence, wall or hedge shall encroach upon any public right-of-way, public easement or other private property(s) other than the lot(s) which it is intended to serve.
C. 
A fence permit shall be required and shall be issued, in conformance with these rules, regulations and requirements, by the Township Building Department for all fences, except living fences, erected in the Township.
D. 
Clear sight triangles shall be provided at all street intersections. Within such triangles, no vision-obstructing objects shall be permitted which exceed the height of 30 inches above the elevation of the existing street. This restriction shall not prohibit the construction of see-through-type fences at the height limitation prescribed above.
E. 
All fences placed in the front yard in any district shall be at least 50% of an open, see-through variety.
The following principals, measures and guidelines shall be utilized, to the maximum extent practicable, to minimize the impact of development and/or activities on the quality of the township's groundwater resources and to limit the risk of contamination of the Township's potable water supply:
A. 
All commercial and residential development shall minimize impervious coverage and maximize the amount of natural unoccupied open space.
B. 
The preservation of naturally vegetated areas and landscaped areas utilizing native plant material requiring minimal fertilization and pesticide and herbicide application are encouraged.
C. 
Storage of hazardous materials shall, except as otherwise regulated by state or federal regulation, allow access for physical inspection and monitoring and shall utilize the best available technology to provide for automatic and immediate alarm or detection of releases.
D. 
Users of hazardous materials shall have a plan to detect and control hazardous material leaks and spills, including, but not limited to, inspections, notification procedures and emergency containment and cleanup procedure.
A. 
All exterior lighting shall be designed to provide a minimum lighting intensity of 0.5 lumen per square foot. Lighting shall be of a soft or glare-free type such as sodium vapor lights, and shall not cast an illumination color which shall be distractive, obliterate or obscure the view, be ultraviolet, strobic, pulsating, flashing or of any unnatural kind or create a public nuisance, discomfort or hazard.
B. 
All exterior lighting fixtures shall be designed, manufactured, installed and aimed in such manner as to shield glare from reflecting onto adjacent streets, properties, residences or public areas.
C. 
All lighting fixtures shall conform with all applicable requirements of the BOCA Basic Energy Conservation Code and the Lighting Power Budget Determination Procedure, EMS-1, of the Illuminating Engineer's Society.
D. 
All site plans or other development plans proposing the use of exterior lighting, either freestanding or building-mounted, shall include complete data regarding the proposed exterior illumination, including the proposed direction and location of illumination; intensity of illumination, as expressed either in horizontal footcandles or lumens per square foot; the hours of illumination; detail drawings and specifications of lighting fixtures, including, but not limited to, the type of lighting, fixture details, mounting details, mounting height and lighting isobar patterns; illumination areas as shown on the site plan; and provisions to shield glare from reflecting onto adjacent thoroughfares and properties; and in addition, any additional specific and special detailed data deemed appropriate for the particular lighting application as required by the Township Engineer, Construction Code Official, Zoning Officer, Planning Board, Environmental Commission, Electrical Subcode Official, Police Department, Zoning Board of Adjustment or other agency.
E. 
The location of the parking lot light structure shall be in accordance with the requirements of § 215-11.8.
[Added 11-10-2022 by Ord. No. 2022-13]
A. 
Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and Make-Ready parking spaces through municipal parking regulations and other standards. EVSE and Make-Ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and stormwater runoff contaminants. The goals are to:
(1) 
Provide adequate and convenient EVSE and Make-Ready parking spaces to serve the needs of the traveling public.
(2) 
Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.
(3) 
Provide the opportunity for non-residential uses to supply EVSE to their customers and employees.
(4) 
Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.
B. 
Definitions.
CERTIFICATE OF OCCUPANCY
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.) and regulations adopted pursuant thereto.
CHARGING LEVEL
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
(1) 
Level 1 operates on a 15 to 20 amp breaker on a 120 volt AC circuit.
(2) 
Level 2 operates on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit.
(3) 
Direct-current fast charger (DCFC) operates on a 60 amp or higher breaker on a 480 volt or higher three phase circuit with special grounding equipment. DCFC stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.
ELECTRIC VEHICLE
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged on-board battery.
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or (EVSE)
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point of sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."
MAKE-READY PARKING SPACE
The pre-wiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment (EVSE), including, but not limited to, Level Two EVSE and direct current fast chargers. Make-Ready includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment (EVSE) on a "plug-and-play" basis. "Make-Ready" is synonymous with the term "charger-ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et seq.).
PRIVATE EVSE
EVSE that has restricted access to specific users (e.g., single and two-family homes, executive parking fleet parking with no access to the general public).
PUBLICLY ACCESSIBLE EVSE
EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, non-reserved parking in multi-family parking lots, etc.).
C. 
Approvals and permits.
(1) 
An application for development submitted solely for the installation of EVSE or Make-Ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
(2) 
EVSE and Make-Ready parking spaces installed pursuant to § 215-12.20D below in development applications that are subject to site plan approval are considered a permitted accessory use as described in § 215-12.20C(1) above.
(3) 
All EVSE and Make-Ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
(4) 
The administrative officer, zoning officer and or Municipal Engineer shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of Township of Little Egg Harbor land use regulations.
(5) 
An application for development for the installation of EVSE or Make-Ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A.40:55D-1 et seq.[1] or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:
(a) 
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
(b) 
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
(c) 
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.
(d) 
Within the Pinelands Area, the proposed installation complies with the minimum environmental standards of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-6.1 et seq.).
[1]
Editor's Note: The Municipal Land Use Law.
(6) 
An application pursuant to Subsection C(5) above shall be deemed complete if:
(a) 
The application, including the permit fee and all necessary documentation, is determined to be complete;
(b) 
A notice of incompleteness is not provided within 20 days after the filing of the application, or
(c) 
A one-time written correction notice is not issued by the administrative officer and or zoning officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
(d) 
In the Pinelands Area, an application pursuant to Subsection C(5) above shall also require the submission of a Certificate of Filing issued by the New Jersey Pinelands Commission, unless the proposed development meets the criteria of § 215-13.1A(4)(a)[7] of the Code of Little Egg Harbor Township.
(7) 
Upon deeming an application complete pursuant to Subsection C(6) above, the administrative official and or zoning officer shall issue a zoning permit in accordance with § 215-8.15 of the Code of Little Egg Harbor Township, and the following:
(a) 
In the Pinelands Area, said zoning permit shall not take effect and no development shall be carried out until the provisions of § 215-13.2C through F and § 215-13.2G have been met, unless the proposed development meets the criteria of § 215-13.1A(4)(a)[7] of the Code of Little Egg Harbor Township.
(8) 
EVSE and Make-Ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
(9) 
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.
D. 
Requirements for new installation of EVSE and Make-Ready parking spaces.
(1) 
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
(a) 
Prepare as Make-Ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least one-third of the 15% of Make-Ready parking spaces;
(b) 
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional one-third of the original 15% of Make-Ready parking spaces; and
(c) 
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final one-third of the original 15% of Make-Ready parking spaces.
(d) 
Throughout the installation of EVSE in the Make-Ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.
(e) 
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.
(2) 
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in § 215-12.20D(1) above shall:
(a) 
Install at least one Make-Ready parking space if there will be 50 or fewer off-street parking spaces.
(b) 
Install at least two Make-Ready parking spaces if there will be 51 to 75 off-street parking spaces.
(c) 
Install at least three Make-Ready parking spaces if there will be 76 to 100 off-street parking spaces.
(d) 
Install at least four Make-Ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
(e) 
Install at least 4% of the total parking spaces as Make-Ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
(f) 
In lieu of installing Make-Ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
(g) 
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.
(3) 
Notwithstanding the provisions of this § 215-12.20E below, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or Make-Ready parking spaces.
E. 
Minimum parking requirements.
(1) 
All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 215-12.16.
(2) 
A parking space prepared with EVSE or Make-Ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
(3) 
All parking space calculations for EVSE and Make-Ready equipment shall be rounded up to the next full parking space.
(4) 
Additional installation of EVSE and Make-Ready parking spaces above what is required in § 215-12.20D above may be encouraged but shall not be required in development projects.
F. 
Reasonable standards for all new EVSE and Make-Ready parking spaces.
(1) 
Location and layout of EVSE and Make-Ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.
(2) 
Installation:
(a) 
Installation of EVSE and Make-Ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
(b) 
Each EVSE or Make-Ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.
(c) 
To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and Make Ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(d) 
Each EVSE or Make-Ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(3) 
EVSE parking:
(a) 
Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.
(b) 
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
(c) 
Public parking. Pursuant to N.J.S.A 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in an EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to fine and/or impoundment of the offending vehicle as described in § 323-4. Signage indicating the penalties for violations shall comply with § 215-12.20F(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d) 
Public parking spaces for charging of electric vehicles shall comply with § 323-7.1.
(e) 
Private parking. The use of EVSE shall be monitored by the property owner or designee.
(4) 
Safety design standards:
(a) 
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to § 215-12.20F(5) below.
(b) 
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with Township of Little Egg Harbor ordinances and regulations.
(c) 
Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly accessible EVSE. Non-mountable curbing may be used in lieu of bollards if the EVSE is setback a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
(d) 
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in § 215-12.20F(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e) 
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
(f) 
Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(g) 
Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A 24-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, Township of Little Egg Harbor shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.
(5) 
Signs.
(a) 
Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.
(b) 
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.
(c) 
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with § 215-12.20F(5)(b) above.
(d) 
In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:
[1] 
Hour of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;
[2] 
Usage fees and parking fees, if applicable;
[3] 
Contact information (telephone number) for reporting when the equipment is not operating or other problems; and
[4] 
Voltage and amperage levels.
(6) 
Usage fees.
(a) 
Usage fees for public parking spaces for charging of electric vehicles shall comply with § 323-7.1C.
(b) 
This fee may be amended by ordinance of the governing body.
(c) 
Private EVSE. Nothing in this section shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable state and federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.