The applicant shall observe the following requirements
and principles of land subdivision and site design in the design of
each subdivision and site plan or portion thereof:
A.
The subdivision plat and site plan shall conform to
design standards that will encourage the most appropriate development
pattern in the Township of Middle.
B.
Where either or both an official map and master plan
has been adopted, the subdivision and site plan shall conform to the
proposals and conditions shown therein. The streets, drainage rights-of-way,
school sites, public parks, playgrounds and other municipal facilities
shown on an officially adopted master plan or official map shall be
considered in the approval of subdivision plats and site plans.
C.
All subdivisions and site plans shall, if practical:
(1)
Follow energy-efficient design principles and maximize
the use of renewable energy sources.
(2)
Have the lowest reasonable impact on natural features,
topography and resources possible.
(3)
Provide a safe and efficient means of ingress and
egress to any required or proposed vehicular or pedestrian traffic.
D.
Construal of standards.
(1)
The rules, regulations and standards set forth in
this article shall be considered the minimum requirements for the
protection of the public health, safety and welfare of the citizens
of the Township. However, if the applicant can clearly demonstrate
that, because of peculiar conditions pertaining to his land, the literal
enforcement of these standards is impracticable or will exact undue
hardship, the Planning Board may permit such exemptions as may be
reasonable, within the general purpose and intent of the rules, regulations
and standards established by this article. Applications for site plan
waivers shall include all information required by Subdivision and
Site Plan Ordinance Checklists 1, 2 and 12.[1]
[Amended 5-5-2003 by Ord. No. 1131-2003]
[1]
Editor's Note: Said Checklists are included at the end of this chapter.
(2)
Should improvements be required which are not provided
for within this article, then such improvements shall be designed
and constructed in accordance with good engineering practices and
recognized design standards and subject to the review of the Township
Engineer and the approval of the Board.
(3)
All improvements shall be installed in accordance
with the design standards of this article and with all other applicable
municipal, county, state and federal regulations.
(4)
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
and amended, shall govern the completion of the required improvements.
Such Standard Specifications and Standard Construction Details are
hereby made a part of this article by reference.
E.
Suitability of lands.
(1)
Within the guidelines established by and subject to
the review and approval of the Planning/Zoning Board, all design of
a subdivision or site plan is the responsibility of the developer.
The developer shall review the suitability of lands in question for
development and in that regard shall consider, inter alia,: flood
areas and drainage, slope, depth of seasonal high water, vegetation
and soils.
(2)
The design of the development shall be based on the
site analysis. Placement of lots, buildings and roads shall complement
and preserve historical and natural features of the site such as existing
tree stands, scenic views and bodies of water. Land unsuitable for
development and of a fragile environmental nature shall be protected
for the general health, welfare and safety. If necessary, development
shall be clustered rather than spread over environmentally sensitive
lands.
(3)
The building of roads shall be fitted into the natural
pattern of the landscape to protect the environment, to economize
on construction and to minimize clearing, grading and the removal
of trees.
(4)
Flood-prone areas shall be identified and kept free
from development and setback distances established along all waterways.
(5)
The proposed development shall be arranged so as to
be in harmony with the immediate vicinity; it shall not dominate or
interfere with the development and use of neighboring property; lots,
buildings and roads shall be located to avoid adverse effects of shadow,
noise and traffic on residents of the site or of nearby properties;
where incompatible uses abut, buffers shall be required to minimize
any adverse effects.
(6)
Encroachment on critical areas such as those having
soil conditions unsuitable for proposed development, areas of high
water table, steep slopes over 20%, poor drainage and major tree stands
shall be avoided. Adverse environmental effects such as flooding or
sedimentation off-site shall also be avoided. To properly execute
the design of a site plan or subdivision, it is anticipated that the
developer will obtain or cause to be obtained any and all necessary
design data, including but not limited to traffic studies, environmental
assessments, soil tests, surveys, reports and similar design data.
Any and all data obtained by the developer or by others retained by
him shall be made available to the Planning/Zoning Board and its employees
or professional consultants for the purpose of reviewing the proposed
design.
(7)
Should the Planning/Zoning Board determine that the
material submitted is insufficient for the purpose of completing a
full review of the proposal, it shall require that the developer provide
such additional information as deemed necessary.
(8)
Until the developer supplies the requested information,
no submission under the provisions of this article shall be termed
complete.
Any proposed development shall take advantage
of existing topographic features to minimize disturbance of existing
vegetation and other natural features. When possible, structures shall
be placed to maximize solar gain and development oriented to southerly
slopes. Any streets or walkways should follow rather than cross contours,
and all reasonable precautions shall be taken to prevent the impediment
of natural or existing drainageways.
[Amended 7-16-2011 by Ord. No. 1086-2001; 10-17-2011 by Ord. No.
1399-11]
A.
Purpose. The purpose of an environmental assessment is to identify
and evaluate the impact of proposed development on environmental resources
with a goal of significantly reducing or avoiding adverse impacts
on the environment. As used here, "environmental assessment" means
a written description and analysis of all possible direct and indirect
effects the development will have on the site, as well as on the region,
with particular attention to the potential effects on the preservation
and enhancement of the natural environment and environmentally sensitive
resources.
B.
Applicability.
(1)
An Environmental Assessment Report shall be submitted with all major
site plan and major subdivision applications. It is recognized that
the level of detail required for the variety of development applications
will vary depending on the size of the project, the site conditions,
the location of the project and the information already in the possession
of the Township.
C.
NO SIGNIFICANT ADVERSE IMPACT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The environmental quality and functions of natural resource
features identified on site will not be degraded or impacted in such
a way that would decrease the function of ecological processes on
site.
D.
Submission requirements.
(1)
The Environmental Assessment Report shall be prepared by one or more
qualified professionals in the environmental assessment discipline.
The qualifications and background of the professionals shall be provided,
and the method of investigation shall be described.
(2)
All Environmental Assessment Reports shall consist of written and
graphic materials which clearly present the information required by
this ordinance, along with accompanying information, in a report format.
(3)
The Environmental Assessment Report shall be provided consistent
with the number of copies required for each application to be submitted
with development application prior to the determination of a complete
application.
E.
Environmental Assessment Report waiver.
(1)
The Board may, at the request of an applicant, waive the requirement
for an Environmental Assessment Report if the Board finds that sufficient
evidence is submitted to support a conclusion that the proposed development
will have an insignificant environmental impact to warrant an Environmental
Assessment Report.
(2)
Portions of the Environmental Assessment Report may be waived upon
a finding by the Board that the complete report need not be prepared
in order to adequately evaluate the environmental impact of a particular
project.
(3)
Any site development affecting wetlands and C-1 waters shall not
be granted a waiver from these requirements.
F.
Contents of the Environmental Assessment Report. For each of the
environmental resources listed, the goal is "no significant adverse
impact" as defined above. Provide the requested assessment/existing
conditions information, and propose sustainable actions intended to
mitigate adverse impacts expected as part of the development. In some
cases, suggested sustainable actions have been provided; however,
applicant can choose any alternate means appropriate to mitigate impacts
specific to their development. The Middle Township Natural Resource
Inventory, available at www.middletownship.com, will assist in identifying
area resources.
(1)
Project description. A description of the development, specifying,
in the form of maps, drawings, graphs or other visual aids and also
by narrative, what is to be done and how it is to be done during and
after construction of the development, including information and technical
data adequate to permit a careful assessment of the environmental
impact of the development, shall be provided.
(3)
Wetlands and state open waters.
(a)
Freshwater wetlands, transition areas, state open waters and
coastal wetlands must be delineated and certified pursuant to the
Freshwater Wetlands Protection Act rules; Coastal Zone Management
rules; and other applicable regulations. This includes identification
of wetlands on adjacent properties that may require buffering on the
subject site. The delineation report and plan shall be submitted as
part of the Environmental Assessment Report and the preliminary application.
(b)
NJDEP Upper Wetlands Boundary mapping (1971) and the NJDEP Freshwater
Wetlands mapping (1986), United States Fish and Wildlife Services
National Wetlands Inventory (NWI) maps, and the United States Soil
Conservation Services County Soil Survey maps shall be consulted to
determine whether a site is generally within a wetland area. These
maps provide a general indication of the presence of wetlands; however,
in order to accurately delineate the limit of freshwater wetlands
on a property, an on-site examination of vegetation, soils and hydrology
must be performed on the site in question.
(c)
If the property in question appears to contain freshwater or
coastal wetlands, it is the responsibility of the owner/applicant
and their consultants to delineate any wetlands boundary and submit
the information to the appropriate regulatory agency for their verification.
Any mitigation plan issued by such regulatory agency shall be part
of the Board approval.
(4)
Geology. Describe and assess the geologic formations, confining layers,
etc., including surficial deposits.
(5)
Soils. A map identifying the soils based on the Cape May County Soil
Survey map or using the USDA Web Soils Survey shall be submitted.
A description of the soil characteristics shall be provided. Discuss
impacts of construction, including compaction, on soil erosion and
sedimentation resulting from surface runoff, and any mitigating actions
that will be taken.
(6)
Surface waters.
(a)
Identify and describe all surface water and open water features
on the subject site including downstream receiving water bodies. Identify
any waters classified as Category I under NJDEP rules. Identify the
watershed that the project falls within.
(b)
If surface water is impacted by the proposed development, identify
mitigating actions that will be taken. Suggested actions include bioswales,
raingardens, permeable surfaces, native and well adapted species used
in landscaping to eliminate the need for fertilization and pesticides.
(7)
Subsurface water.
(a)
Describe subsurface water conditions on the site in terms of
aquifers present and depth to ground water. If the area for development
is proposed for water supply wells, provide the name of the aquifer
to be utilized.
(b)
Discuss the impacts of the project on water supply and mitigating
actions that will be taken. Suggested actions include: maximize preservation
of existing natural landscaping; minimize areas that require irrigation;
plant native, drought-tolerant and/or water efficient landscaping;
install irrigation controls such as rain sensors; install "water wise"
plumbing fixtures; employ water re-use; install a rainwater capture
system.
(8)
Topography and existing development features.
(a)
Provide map showing the topographic contours on the site and
existing development features within 100 feet surrounding the site.
(b)
Discuss the impacts of the project on the natural topography
and mitigating actions that will be taken. Suggested actions include
minimal grading and building placement based on topography.
(9)
Floodplains and riparian lands. Floodplains and riparian lands shall
be identified on the site plan. The New Jersey Department of Environmental
Protection, Division of Land Use Regulation, flood hazard area program
must approve construction within the one-hundred-year floodplain,
and in many instances, the riparian zone. Any requirements of such
approval shall be part of the site plan or subdivision approval.
(10)
Hazard mitigation.
(a)
Review Middle Township hazard mitigation plan (HMP) and identify
whether development:
[1]
Is on a parcel identified as a "repetitive loss" or "severe
repetitive loss" property as defined by FEMA (and contained in the
HMP);
[2]
Will have a significant impact on identified evacuation routes
that are included in the HMP; or
[3]
Will negatively impact the areas identified as having flooding
issues.
(b)
If project results in impacts to the areas identified in the
HMP, propose mitigating measures such as additional open space preserved
by deed restriction or conservation easement to serve as a buffer
to flood hazards, or installing higher standards of stormwater management
on site.
(11)
Solid waste recycling, reuse and disposal. Per § 158-11, a designated recyclable materials plan shall be filed. The plan shall include provisions for the recovery of all designated recyclable materials generated during construction, renovation and demolition activities. Identify where waste will be sent for recycling, reuse, reprocessing, or disposal. Provide a list of environmentally preferred building materials used in construction, including recycled, environmentally certified, emissions-free or minimally toxic, and locally produced.
(12)
Endangered or threatened species.
(a)
No development shall be carried out unless it is designed to
avoid irreversible adverse impacts on habitats that are critical to
the survival of any local populations of those threatened or endangered
animals designated by the Department of Environmental Protection pursuant
to N.J.S.A. 23:2A-1 et seq.
(b)
Identify any endangered or threatened species (plant or animal)
protected by the state or federal government which may utilize any
portion of the site.
(d)
A description of the type of habitat utilized by any species
identified within the limits described above shall be provided, as
well as the identification of such habitat, which is found on-site.
The on-site evaluation shall take place during the active period of
the identified species.
(e)
If the proposed project anticipates any impacts to wildlife
or habitat, identify how the project is designed to protect the species.
(13)
Air quality. Discuss the impacts of the project on air quality.
Provide a calculation of the site's carbon footprint based on the
completed project, and identify measures that will be taken to reduce
the project's carbon footprint, including voluntary carbon trading.
(14)
Energy utilization. Generally discuss what type of energy will
be used for the project. Provide a list of alternative energy; energy
savings devices/appliances and fixtures that will be utilized for
this project.
(16)
Historic/cultural resources. Discuss any resources that are
on site, and what measures will be taken to preserve such resources.
(17)
Land use. Describe existing land uses on site and within 200
feet of the site.
(18)
Vegetation. Describe the existing vegetation on the site. A
map shall be prepared showing the location of major vegetative groupings
such as woodlands and open fields. Where woodlands are delineated,
the forest types shall be indicated.
(19)
Trees.
(a)
Specimen trees (those within 85% of the state record tree for
each species) shall be identified on the landscape plan and preserved
to the maximum extent possible.
(b)
Any tree removal shall be limited to that which is necessary
to accommodate a permitted activity, use or structure. Existing wooded
areas shall not be cleared and converted to lawns with the exception
of those specifically intended for active human use such as play fields,
golf courses and lawns associated with a residence or other principal
nonresidential use. In all cases, the amount of lawn shall be the
minimum necessary to accommodate such use.
(20)
Other required approvals. Provide an inclusive listing of all
licenses, permits and approvals required by federal, state, county
or municipal law. The status or copies of these permits and approvals
shall also be included.
G.
Trees.
(1)
SHRUB
SPECIMEN TREES
TREE
Definitions. For the purposes of this subsection,
the following definitions shall apply:
A woody plant that is never tree-like in habit and produces
branches or shoots from or near the base, such as kalmia, rhododendron,
azalea, flex viburnum and similar species.
The largest known individual trees of each species in the
State of New Jersey. The New Jersey Department of Environmental Protection,
Bureau of Forestry, maintains a list of such trees and such trees
are listed and pictured in the book entitled "Magnificent Trees of
Cape May County" by Lyman A. Hoffman. Any trees which are equal to
or larger than said trees, as well as any trees designated by the
Middle Township Shade Tree Commission, shall be considered specimen
trees.
For the purposes of this subsection, any living deciduous
tree having a trunk of greater than three inches measured at 4 1/2
feet from ground level and any living coniferous tree having a trunk
of greater than four inches measured at 4 1/2 feet from ground level.
(2)
Applicability. This subsection shall apply to all applications to the Zoning Board of Adjustment and or the Planning Board for approval of conditional uses, subdivisions (major and minor) and site plans (major and minor and waivers) and shall be in addition to all requirements of all other sections of Chapter 218, the Township's Subdivision and Site Plan Review Ordinance. In the event of any contradiction between Chapter 218 sections, the most stringent shall apply. This subsection shall not be applicable to county, state and federal government lands, nor shall it be applicable to individual buildable lots existing at the time of the adoption of this subsection section which are to be developed with one single-family detached dwelling or one two-family dwelling unit that is characterized as twin or two family, duplex or semiattached. Parcels to be developed by subdivision or site plan shall be subject to this subsection and shall not be clear cut prior to the submission of the subdivision or site plan application to the Zoning Board of Adjustment or the Planning Board for approval.
(3)
Plan information — In addition to
all information, plans and documents required by other provisions
of this Township Subdivision of Land and Site Plan Review Ordinance
and its checklists, applicants shall supply the following:
(a)
Delineation of trees to be removed on the site
plan or subdivision plan.
(b)
Reason for removal or destruction of trees.
(c)
Quantity, caliper, size and species of trees
to be removed.
(d)
Projected dates for beginning and ending of
the tree removal project and of the development itself.
(e)
Name, address and telephone number of person
supervising the removal of trees.
(f)
Such additional information as may be required
by the Planning Board or Zoning Board Engineer/Landscape Architect.
(g)
Plan for reforestation when required.
(h)
Photograph of lot and trees to be retained and
removed.
(4)
Standards for review. Standards for granting or denying
subdivision and or site plan applications with regard to tree removal
are as follows:
(a)
The Planning Board/Zoning Board shall be satisfied
that the removal or destruction of any specimen tree, as herein defined,
or shrub which is unique in age, size or type is required for the
effective utilization of the lands in question and no possible reasonable
alternatives are available.
(b)
The Planning Board/Zoning Board shall be satisfied
that the removal or destruction of trees and shrubs proposed shall
not impair the growth and development of the remaining trees and shrubs
on the lands where the trees are situate or on adjacent lands or adjacent
properties.
(c)
The Planning Board/Zoning Board shall be satisfied
that the removal or destruction of trees and shrubs proposed shall
not cause soil erosion or impair existing drainage patterns.
(d)
The Planning Board/Zoning Board shall be satisfied
that adequate precautions shall be taken with respect to the removal
of trees and shrubs, that other trees will not be damaged by mechanical
removal, that the roots of the remaining trees will not be damaged,
trees removed will not be buried or burned and that the dead trees
are not permitted to become harborage for rats or other rodents.
(5)
Protection. In order to protect and preserve trees,
the following protections shall be followed.
(a)
No structure, equipment or movable machinery
shall be permitted to operate within the dripline of any tree which
is to be saved in order not to disturb the soil and thereby injure
the tree, except when the dripline of the tree is within the twenty-foot
area as set forth in forth in Subsection C(6)(a).
(b)
If the removal 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
and work areas, fuel, paints and other construction items shall be
placed within the dripline of a tree.
(d)
Trees to be saved shall be fenced in or heavily
marked with ribbon in order that none are mistakenly removed or injured.
(e)
All planting, maintenance and care of trees
shall follow the guidelines as set forth by the International Society
of Arboriculture.
(f)
Any tree of historical significance or otherwise
significant by reason of its rarity or environmental significance
shall be given special consideration and shall not be cut or destroyed
unless there is no possible alternative. Specimen trees shall be protected
in accordance with the provisions of Subsection C(8) hereof.
(6)
Standards for removal.
(a)
Any area to be occupied by a building, driveway,
drainage field, septic tank or recreational area (tennis courts, swimming
pools or similar facilities) may have the trees removed but for a
distance of not more than 20 feet around the perimeter of such facilities.
(b)
An owner or developer shall remove only such
trees, vegetation and underbrush as necessary to construct and install
the structure and improvements authorized by issuance of building
permits and/or other applicable governmental approvals required. All
sites should be developed, to the maximum extent possible, in a manner
which will result in the least amount of disturbance to the natural
site.
(c)
An owner/developer may be permitted to perform
selective clearing to remove dead or damaged trees, underbrush and
undesirable vegetation. The areas and extent of selective clearing
must be clearly indicated on the subdivision or site plan itself or
such other plan as may be approved by the Board Engineer/Landscape
Architect. The site boundaries and limits of improvements shall be
clearly staked by the owner/developer on the site for review and approval
by the Board Engineer/Landscape Architect prior to commencement of
clearing.
(d)
All selective clearing operations shall be performed
in strict accordance with all applicable state, local and local regulations.
All cleared material, including but not limited to trees, branches,
stumps, brush, refuse and other deleterious matter, shall be removed
from the site and disposed to a recycling facility licensed by the
State of New Jersey to accept such waste. Alternative methods of removal
such as chipping and cutting for firewood may be employed if approved
by the Township Engineer.
(7)
Reforestation/restoration.
(a)
On an application which is subject to the provisions
of this subsection, and on which 5,000 square feet or more of trees
are to be cleared, the following standards shall apply:
[1]
There shall be planted a minimum of one deciduous
tree for every 500 square feet of land area, or any part thereof.
[2]
All planted trees shall be a minimum size of
three inches caliper.
[3]
The trees shall be planted no less than 15 feet,
trunk to trunk.
[4]
Trees indigenous to the particular area involved
shall be planted.
(8)
Specimen trees.
(a)
Specimen trees are an irreplaceable scientific
and scenic resource. Often these trees have been associated with historical
events. As such, it is the declared legislative policy of the Township
of Middle to preserve and protect specimen trees.
(b)
All development is restricted that would significantly
reduce the amount of light reaching the crown of a specimen tree,
alter the drainage patterns within the site where the specimen tree
is located, adversely affect the quality of water reaching the site
where the specimen tree is located, cause erosion or the depositing
of material in or directly adjacent to the specimen tree or otherwise
injure the specimen tree. The site of the specimen tree extends to
the outer limit of the area necessary to avoid adverse impact or 50
feet from the tree, whichever is greater.
(9)
Carryover of restrictions.
(a)
Notwithstanding the provisions of Subsection
C(2), Applicability, of this subsection, clearing plans and restrictions
approved by the Planning Board or Zoning Board of Adjustment in conjunction
with conditional use, subdivision or site plan approvals granted by
it shall remain applicable to the lots (including those to be developed
with single-family or two-family homes) which are the subject of such
approvals for a period of two years from the date of the Board's memorializing
resolution of approval (final approval for major subdivisions and
site plans). The applicant receiving approval shall file a deed restriction
with the Cape May County Clerk clearly setting forth the above restriction.
(b)
The foregoing shall not restrict clearing authorized
by Subsection C(6)(a), Standards for removal, of this subsection.
(10)
Expert opinion. For aid in making determination
concerning trees as hereinabove set forth, the Planning Board and/or
Zoning Board (as applicable) may consult with its Engineer, certified
Landscape Architect and such other persons and/or agencies as the
Board shall deem advisable.
A.
Design standards.
(1)
All proposed sites must be designed so that the total
stormwater runoff from the site is no greater than the runoff generated
in its undeveloped state. All streets shall be provided with any and
all catch basins, manholes and pipes necessary for proper surface
drainage to appropriate retention and detention facilities.
(2)
The retention and detention facilities are to be designed
to retain and/or detain any and all increased and accelerated runoff
the proposed development creates and release it into the appropriate
watercourse or wetlands area at a rate and in a manner approximating
the natural flow which occurred before development. Channeling runoff
directly into existing waterbodies shall be prohibited.
(3)
Stormwater runoff from parking areas should incorporate
protective measures to prevent oil and sediment from entering receiving
waters and/or clogging interstices thereby preventing infiltration
in subsurface recharge and/or retention facilities.
(4)
The stormwater management system chosen shall be adequate
to carry off and store the stormwater and natural drainage water which
originates from the total natural watershed as well as the site. No
stormwater runoff or natural drainage water is to be diverted so as
to overload existing drainage systems on other private or public properties.
Any proposed drainage structures which are to be located on state
or county roadways, streams or one-hundred-year floodplains may require
the approval of county, state or federal agencies and, as such, letters
of approval from these agencies must be directed to the Planning/Zoning
Board.
B.
General standards.
(1)
Detention and retention facilities must accommodate
site runoff from a two-, five-, ten- and fifty-year twenty-four-hour
storm all considered individually (Type III rainfall as defined in
Soil Conservation Service publications). Runoff greater than that
from a fifty-year storm shall be accommodated by an emergency spillway
or other appropriate means of discharge.
(2)
Outlet structures shall be designed so as to allow
discharge rates equal to those that existed prior to development,
without manual, electric or mechanical controls. Outlet structures
are to be located such that outlet waters are discharged at locations
and in such velocities so as not to cause additional erosion or additional
channels below the development or affect present or future uses of
any public or private property. Materials used, dimensions and construction
methods of any required structures shall be subject to the review,
approval and inspection of the Township Engineer.
(3)
All detention, retention or other stormwater facilities
shall require a minimum of two soil borings extending a minimum of
10 feet below the lowest invert elevation of the proposed stormwater
facility. One additional boring will be required for every 20,000
square feet of additional surface area over 1/2 acre. The soil boring
shall indicate seasonal high water and groundwater and identify the
soils encountered using the Munsell soil identification method and
the unified identification system.
(4)
Detention basins must have side slopes that are no
greater than three to one (3:1) and a vegetative cover of water-tolerant
grasses on the basin slopes and bottom. The distance between basin
inflow and outflow must be as long as possible and, at a minimum,
have a two-to-one (2:1) length-to-width ratio.
(5)
All detention and retention basins must have adequate
buffers, fencing, etc. to prevent unauthorized trespass, drowning,
injury, as well as prevent erosion and trap sediments from overland
flow.
(6)
All drainage structures and/or basins shall have invert
elevations no less than two feet above seasonal high water.
C.
Calculation methods.
(1)
Pre- and postwatershed calculations shall be required
as the basis for determining total stormwater storage capacity required
as well as release rates from detention basins, if required, for two-,
five-, ten- and fifty-year storms. The applicant shall utilize the
Soil Conservation Service's Technical Release No. 55 for sites one
acre or larger. Calculations shall be computed on the basis of the
total watershed serviced by the proposed facilities, not just the
parcel being developed. Peak rates of runoff shall be computed for
the entire area and, if required, design release rates computed on
the basis of preexisting conditions for the entire watershed. From
these computations the applicant must identify:
(a)
The peak rate of runoff, taking into account
percent impervious cover, alteration for hydraulic length and percentage
of watershed as wetlands as noted in TR-55.
(b)
Total quantity of runoff prior to and after
development to be computed by calculating total area under the hydrograph
utilizing hydrographic coefficients contained in TR-55.
(c)
The relative timing of the peak rate of discharge
following the onset of a design storm if outlet structures are proposed.
(2)
Storm sewer design may utilize the rational method
for calculating runoff quantities. Where (Q = CIA), rainfall intensity
(I) shall be computed as a function of time of concentration as found
in the SCS Engineering Field Manual. Area (A) shall include the total
watershed draining onto or through the site. The coefficient of runoff
(C) shall be taken from the tables found in the SCS Engineering Field
Manual. All storm sewers shall be designed for the ten-year storm
with runoff from storms of greater intensity (twenty-five- and fifty-year)
to be directed towards detention/retention basins or other suitable
stormwater facilities.
(a)
Pipe hydraulics are to be computed using Mannings
equation or approved equal. All pipe must be reinforced concrete with
a minimum friction factor "n" of .013 and a minimum diameter of 15
inches.
(b)
The length of pipe between manholes or inlets
is not to exceed 500 feet.
(c)
All pipe rim elevations shall be matched in
all manholes and inlets.
(d)
Design velocities shall be at least two feet
per second and no greater than 10 feet per second.
D.
Construction specifications.
(1)
Storm drain pipes. All storm drain pipes shall be
reinforced concrete conforming to ASTM Specifications C76, Class III
strength (except where stronger pipe is required), and joints shall
have "O-ring" rubber gaskets, where necessary. A minimum cover of
one foot shall be maintained over all drainage pipe. Storm drain pipes
running parallel with streets shall not be located under curbing.
Pipe rim elevations shall be matched in all manholes and inlets. All
pipe shall be laid on a firm bed free of rock or rubble to the line
and grade approved, given or directed by the Township Engineer. The
filling around the pipe shall be made in layers with an approved fill
material free from rock and/or rubble and tamped thoroughly around
and over pipe.
(2)
Drainage structures. All drainage structures, including
but not limited to manholes, inlets, headwalls, weirs, box culverts
and sections, shall conform to the current details of the New Jersey
Department of Transportation. All curb inlets shall be "bicycle safe"
standard Type B with the curb piece height equal to the exposed curb
face plus two inches. All noncurb or lawn inlets shall be "bicycle
safe" standard Type E. When pipe sizes require a larger structure
standard, Type B1 or B2, E1 and E2 shall be used, or, if even a larger
size is required, it shall be detailed using standard frames and grates.
(3)
Discharge structures. All discharge structures shall
incorporate energy dissipators to reduce water velocity and prevent
erosion. All ends of pipe shall have headwalls or other suitable end-sections.
(4)
Open channels. Open channels or swales shall be properly
cleared and graded with side slopes not exceeding a 3:1 slope (three
feet horizontal to one foot vertical). The maximum design velocities
shall not exceed 2.5 feet per second for fine sand to firm loam, five
feet per second for stiff clay to hard pan and 10 feet per second
for a concrete or riprap-lined ditch. All open channels or swales
not lined with riprap or concrete (as determined by velocity) shall
be protected by the use of sod anchored with staples or stakes and
excess water velocity controlled by riprap, paving, ditch checks or
other suitable methods.
(5)
Maintenance requirements.
(a)
All maintenance and operation of stormwater
facilities, including periodic removal and disposal of accumulated
particulate material and debris, shall remain with the owner or owners
of the property. A clear accessway shall be provided of not less than
15 feet for the purpose of vehicular access for maintenance activities.
(b)
Prior to receiving final approval, the Planning/Zoning
Board will require a maintenance schedule which shall contain the
following information:
[Added 8-5-2024 by Ord. No. 1707-24[1]]
A.
Scope and purpose.
(1)
Policy statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure best management practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low-impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
(2)
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection B.
(3)
(4)
Compatibility with other permit and ordinance requirements.
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.
CAFRA CENTERS, CORES OR NODES
CAFRA PLANNING MAP
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
DISTURBANCE
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOODS
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
(1)
(a)
(b)
(c)
(d)
(2)
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
PUBLIC ROADWAY OR RAILROAD
PUBLIC TRANSPORTATION ENTITY
RECHARGE
REGULATED IMPERVIOUS SURFACE
(1)
(2)
(3)
(4)
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
TIDAL FLOOD HAZARD AREA
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONES
URBAN REDEVELOPMENT AREA
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this section.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Board of Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A state development and redevelopment plan center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. In the case of development of agricultural land,
development means: any activity that requires a state permit, any
activity reviewed by the County Agricultural Board (CAB) and the State
Agricultural Development Committee (SADC), and municipal review of
any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1
et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
Neighborhoods designated by the Urban Coordinating Council
"in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame
Species Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a "subwatershed," which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
Is the process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual development, as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of regulated impervious surface
since February 2, 2004;
The creation of 1/4 acre or more of regulated motor vehicle
surface since March 2, 2021 {or the effective date of this section,
whichever is earlier}; or
A combination of Subsection (a)(2) and (3) above that totals an area of 1/4 acre or more. The same surface shall not be counted twice when determining if the combination area equals 1/4 acre or more.
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection (1)(a),(b),(c), or (d) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major development.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with Subsection D(6) of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. §§ 2011 et seq.)], thermal waste,
wrecked or discarded equipment, rock, sand, cellar dirt, industrial,
municipal, agricultural, and construction waste or runoff, or other
residue discharged directly or indirectly to the land, groundwaters
or surface waters of the state, or to a domestic treatment works.
"Pollutant" includes both hazardous and nonhazardous pollutants.
A pathway for use by motor vehicles or trains that is intended
for public use and is constructed by, or on behalf of, a public transportation
entity. A public roadway or railroad does not include a roadway or
railroad constructed as part of a private development, regardless
of whether the roadway or railroad is ultimately to be dedicated to
and/or maintained by a governmental entity.
A federal, state, county, or municipal government, an independent
state authority, or a statutorily authorized public-private partnership
program pursuant to P.L. 2018, c.90 (N.J.S.A. 40A:11-52 et seq.),
that performs a public roadway or railroad project that includes new
construction, expansion, reconstruction, or improvement of a public
roadway or railroad.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization
efforts.
Is defined as the geographic application of the State Development
and Redevelopment Plan's goals and statewide policies, and the
official map of these goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
Is defined as previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surfacewater or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation."
C.
Design and performance standards for stormwater management measures.
(1)
Stormwater management measures for major development shall be
designed to provide erosion control, groundwater recharge, stormwater
runoff quantity control, and stormwater runoff quality treatment as
follows:
(a)
The minimum standards for erosion control are those established
under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq.,
and implementing rules at N.J.A.C. 2:90.
(b)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
(2)
The standards in this section apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or water quality
management plan adopted in accordance with Department rules.
Note: Alternative standards shall provide at least as much protection
from stormwater-related loss of groundwater recharge, stormwater quantity
and water quality impacts of major development projects as would be
provided under the standards in N.J.A.C. 7:8-5.
D.
Stormwater management requirements for major development.
(1)
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection J.
(2)
Stormwater management measures shall avoid adverse impacts of
concentrated flow on habitat for threatened and endangered species
as documented in the Department's Landscape Project or Natural
Heritage Database established under N.J.S.A. 13:1B-15.147 through
13:1B-15.150, particularly Helonias bullata (swamp pink) and/or Clemmys
muhlenbergii (bog turtle).
(3)
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(16), (17) and (18):
(a)
The construction of an underground utility line, provided that
the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground utility line, provided that
the existing conditions are maintained to the maximum extent practicable;
and
(c)
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
(4)
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(15), (16), (17) and (18) may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(a)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(d)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(4)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection D(15), (16), (17) and (18) that were not achievable on-site.
(5)
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection D(15), (16), (17) and (18). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2 (f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1,2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
(6)
Where the BMP tables in the NJ Stormwater Management Rule are
different due to updates or amendments with the tables in this section
the BMP Tables in the Stormwater Management Rule at N.J.A.C. 7:8-5.2(f)
shall take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Cistern
|
0%
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0%
|
No
|
Yes
|
2
|
|
Grass swale
|
50% or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0%
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a)(g)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80%
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80%
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60% to 80%
|
No
|
No
|
—
|
|
(Notes corresponding to annotations(a) through(g) are found after Table 3.)
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity (or
for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver
or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Bioretention system
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80%
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80%
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90%
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations(b) through(d) are found after Table 3.)
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C.
7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Blue roof
|
0%
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40% to 60%
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80%
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90%
|
No
|
No
|
1
|
|
Wet pond
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at Subsection D(15)(b);
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a ten-foot wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of "green infrastructure" at Subsection B;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B.
|
(7)
An alternative stormwater management measure, alternative removal rate, and/or alternaltive method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection F(2). Alternative stormwater management measures may be used to satisfy the requirements at Subsection D(15) only if the measures meet the definition of "green infrastructure" at Subsection B. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection D(15)(b) are subject to the contributory drainage area limitation specified at Subsection D(15)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection D(15)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from Subsection D(15).
(8)
Whenever the stormwater management design includes one or more
BMPs that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high-water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
(9)
Design standards for stormwater management measures are as follows:
(a)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high-water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(b)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection H (3);
(c)
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5
shall be deemed to meet this requirement;
(d)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection H; and
(e)
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of 2 1/2 inches
in diameter.
(10)
Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B may be used only under the circumstances described at Subsection D(15)(d).
(11)
Any application for a new agricultural development that meets the definition of "major development" at Subsection B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Sections IV.O, P, Q and R and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
(12)
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17) and (18) shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
(13)
Any stormwater management measure authorized under the municipal stormwater management plan or section shall be reflected in a deed notice recorded in the Office of the Cape May County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(15), (16), (17) and (18) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection J(2)(e). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
(14)
A stormwater management measure approved under the municipal stormwater management plan or section may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection D of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Cape May County Clerk's office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection D(13) above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection D(13) above.
(15)
Green infrastructure standards.
(a)
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection D(16) and (17), the design engineer shall utilize green infrastructure BMPs identified in Table I at Subsection D(6) and/or an alternative stormwater management measure approved in accordance with Subsection D(7). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
(acres)
|
|---|---|
|
Dry well
|
1
|
|
Manufactured treatment device
|
2.5
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed 3 times the area occupied
by the BMP
|
|
Small-scale bioretention systems
|
2.5
|
|
Small-scale infiltration basin
|
2.5
|
|
Small-scale sand filter
|
2.5
|
(d)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection D(7), may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17) and (18).
(e)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection D(16), (17) and (18), unless the project is granted a waiver from strict compliance in accordance with Subsection D(4).
(16)
Groundwater recharge standards.
(a)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows.
(b)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:
[1]
Demonstrate through hydrologic and hydraulic analysis
that the site and its stormwater management measures maintain 100%
of the average annual preconstruction groundwater recharge volume
for the site; or
[2]
Demonstrate through hydrologic and hydraulic analysis
that the increase of stormwater runoff volume from preconstruction
to post-construction for the projected two-year storm, as defined
and determined pursuant to N.J.A.C. 7:85.7(d), is infiltrated.
(c)
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection D(16)(d) below.
(d)
The following types of stormwater shall not be recharged:
[1]
Stormwater from areas of high pollutant loading.
High pollutant loading areas are areas in industrial and commercial
developments where solvents and/or petroleum products are loaded/unloaded,
stored, or applied, areas where pesticides are loaded/unloaded or
stored; areas where hazardous materials are expected to be present
in greater than "reportable quantities" as defined by the United States
Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where
recharge would be inconsistent with Department-approved remedial action
work plan or landfill closure plan and areas with high risks for spills
of toxic materials, such as gas stations and vehicle maintenance facilities;
and
[2]
Industrial stormwater exposed to source material.
"Source material" means any material(s) or machinery, located at an
industrial facility, that is directly or indirectly related to process,
manufacturing or other industrial activities, which could be a source
of pollutants in any industrial stormwater discharge to groundwater.
Source materials include, but are not limited to, raw materials; intermediate
products; final products; waste materials; by-products; industrial
machinery and fuels, and lubricants, solvents, and detergents that
are related to process, manufacturing, or other industrial activities
that are exposed to stormwater.
(17)
Stormwater runoff quality standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
(b)
Stormwater management measures shall be designed to reduce the
post-construction load of total suspended solids (TSS) in stormwater
runoff generated from the water quality design storm as follows:
[1]
Eighty percent TSS removal of the anticipated load,
expressed as an annual average shall be achieved for the stormwater
runoff from the net increase of motor vehicle surface.
[2]
If the surface is considered regulated motor vehicle
surface because the water quality treatment for an area of motor vehicle
surface that is currently receiving water quality treatment either
by vegetation or soil, by an existing stormwater management measure,
or by treatment at a wastewater treatment plant is to be modified
or removed, the project shall maintain or increase the existing TSS
removal of the anticipated load expressed as an annual average.
(c)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection D(17)(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(d)
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
|
Table 4 - Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
(e)
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
| ||
|
Where:
| ||
|
R
|
=
|
total TSS percent load removal from application of both BMPs.
|
|
A
|
=
|
the TSS percent removal rate applicable to the first BMP.
|
|
B
|
=
|
the TSS percent removal rate applicable to the second BMP.
|
(f)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection D(16), (17) and (18).
(g)
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
(h)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(i)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3.i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(j)
This stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
(18)
Stormwater runoff quantity standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
(b)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection E, complete one of the following:
[1]
Demonstrate through hydrologic and hydraulic analysis
that for stormwater leaving the site, post-construction runoff hydrographs
for the current and projected two-, ten-, and 100-year storm events,
as defined and determined pursuant to N.J.A.C. 7:8-5.7(c) and (d),
respectively, do not exceed, at any point in time, the preconstruction
runoff hydrographs for the same storm events;
[2]
Demonstrate through hydrologic and hydraulic analysis
that there is no increase, as compared to the preconstruction condition,
in the peak runoff rates of stormwater leaving the site for the current
and projected two-, ten-, and 100-year storm events, as defined and
determined pursuant to N.J.A.C. 7:8-5.7(c) and (d), respectively,
and that the increased volume or change in timing of stormwater runoff
will not increase flood damage at or downstream of the site. This
analysis shall include the analysis of impacts of existing land uses
and projected land uses assuming full development under existing zoning
and land use ordinances in the drainage area;
[3]
Design stormwater management measures so that the
post-construction peak runoff rates for the current and projected
two-, ten-, and 100-year storm events, as defined and determined pursuant
to N.J.A.C. 7:8-5.7(c) and (d), respectively, are 50%, 75%, and 80%,
respectively, of the preconstruction peak runoff rates. The percentages
apply only to the post-construction stormwater runoff that is attributable
to the portion of the site on which the proposed development or project
is to be constructed; or
[4]
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection D(18)(b)[1], [2] and [3], above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
(c)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse,
or receiving storm sewer system.
E.
Calculation of stormwater runoff and groundwater recharge.
(1)
Stormwater runoff shall be calculated in accordance with the
following:
(a)
The design engineer shall calculate runoff using the USDA Natural
Resources Conservation Service (NRCS) methodology, including the NRCS
Runoff Equation and Dimensionless Unit Hydrograph, as described in
Chapters 7, 9, 10, 15, and 16, Part 630, Hydrology National Engineering
Handbook, incorporated herein by reference as amended and supplemented.
This methodology is additionally described in Technical Release 55
— Urban Hydrology for Small Watersheds (TR-55), dated June 1986,
incorporated herein by reference, as amended and supplemented. Information
regarding the methodology is available from the Natural Resources
Conservation Service website at https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf
or at United States Department of Agriculture Natural Resources Conservation
Service, 220 Davison Avenue, Somerset, New Jersey 08873.
(b)
For the purpose of calculating runoff coefficients and groundwater
recharge, there is a presumption that the preconstruction condition
of a site or portion thereof is a wooded land use with good hydrologic
condition. The term "runoff coefficient" applies to both the NRCS
methodology above at Subsection E(1)(a)[1] and the Rational and Modified
Rational Methods at Subsection E(1)(a)[2], A runoff coefficient or
a groundwater recharge land cover for an existing condition may be
used on all or a portion of the site if the design engineer verifies
that the hydrologic condition has existed on the site or portion of
the site for at least five years without interruption prior to the
time of application. If more than one land cover have existed on the
site during the five years immediately prior to the time of application,
the land cover with the lowest runoff potential shall be used for
the computations. In addition, there is the presumption that the site
is in good hydrologic condition (if the land use type is pasture,
lawn, or park), with good cover (if the land use type is woods), or
with good hydrologic condition and conservation treatment (if the
land use type is cultivation).
(c)
In computing preconstruction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce preconstruction stormwater runoff rates and volumes. In computing
stormwater runoff from all design storms, the design engineer shall
consider the relative stormwater runoff rates and/or volumes of pervious
and impervious surfaces separately to accurately compute the rates
and volume of stormwater runoff from the site. To calculate runoff
from unconnected impervious cover, urban impervious area modifications
as described in the NRCS Technical Release 55 - Urban Hydrology for
Small Watersheds or other methods may be employed.
(d)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
(2)
Groundwater recharge may be calculated in accordance with the
following: The New Jersey Geological Survey Report GSR-32, A Method
for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated
herein by reference as amended and supplemented. Information regarding
the methodology is available from the New Jersey Stormwater Best Management
Practices Manual; at the New Jersey Geological Survey website at:
https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New
Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420
Mail Code 29-01, Trenton, New Jersey 08625-0420.
(3)
The precipitation depths of the current two-, ten-, and 100-year storm events shall be determined by multiplying the values determined in accordance with Subsection E(3)(a) and (b) below:
(a)
The applicant shall utilize the National Oceanographic and Atmospheric
Administration (NOAA), National Weather Service's Atlas 14 Point
Precipitation site. Frequency Estimates: NJ, in accordance with the
location(s) of the drainage area(s) of the This data is available
at: https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj;
and
(b)
The applicant shall utilize Table 5-5 below, which sets forth
the applicable multiplier for the drainage area(s) of the site.
|
Table 5-5: Current Precipitation Adjustment Factors
| |||
|---|---|---|---|
|
County
|
2-year Design Storm
|
10-year Design Storm
|
100-year Design Storm
|
|
Cape May
|
1.03
|
1.03
|
1.04
|
(4)
Table 5-6 below sets forth the change factors to be used in determining the projected two-, ten-, and 100-year storm events for use in this section. The precipitation depth of the projected two-, ten-, and 100-year storm events of a site shall be determined by multiplying the precipitation depth of the two-, ten-, and 100-year storm events determined from the National Weather Service's Atlas 14 Point Precipitation Frequency Estimates pursuant to Subsection E(3)(a) above, by the change factor in Table 5-6 below where the drainage area(s) of the site is located.
|
Table 5-6: Future Precipitation Change Factors
| |||
|---|---|---|---|
|
County
|
2-year Design Storm
|
10-year Design Storm
|
100-year Design Storm
|
|
Cape May
|
1.21
|
1.24
|
1.32
|
F.
Sources for technical guidance.
(1)
Technical guidance for stormwater management measures can be
found in the documents listed below, which are available to download
from the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(a)
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
(b)
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
(2)
Submissions required for review by the Department should be
mailed to: The Division of Water Quality, New Jersey Department of
Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton,
New Jersey 08625-0420.
G.
Solids and floatable materials control standards.
(1)
Site design features identified under Subsection D(6) above, or alternative designs in accordance with Subsection D.(7) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection G(1)(b) below.
(a)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
[1]
The New Jersey Department of Transportation (NJDOT)
bicycle-safe grate, which is described in Chapter 2.4 of the NJDOT
Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines;
or
[2]
A different grate, if each individual clear space
in that grate has an area of no more than 7.0 square inches, or is
no greater than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening-portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
[3]
For curb-opening inlets, including curb-opening
inlets in combination inlets, the clear space in that curb opening,
or each individual clear space if the curb opening has two or more
clear spaces, shall have an area of no more than 7.0 square inches,
or be no greater than 2.0 inches across the smallest dimension.
(b)
The standard in Subsection G(1)(a) above does not apply:
[1]
Where each individual clear space in the curb opening
in existing curb-opening inlet does not have an area of more than
9.0 square inches;
[2]
Where the municipality agrees that the standards
would cause inadequate hydraulic performance that could not practically
be overcome by using additional or larger storm drain inlets;
[3]
Where flows from the water quality design storm
as specified in N.J.A.C. 7:8 are conveyed through any device (e.g.,
end of pipe netting facility, manufactured treatment device, or a
catch basin hood) that is designed, at a minimum, to prevent delivery
of all solid and floatable materials that could not pass through one
of the following:
[a]
A rectangular space 4.625 inches long and 1.5 inches
wide (this option does not apply for outfall netting facilities);
or
[b]
A bar screen having a bar spacing of 0.5 inches.
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle-safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1].
[4]
Where flows are conveyed through a trash rack that
has parallel bars with one-inch spacing between the bars, to the elevation
of the water quality design storm as specified in N.J.A.C. 7:8; or
[5]
Where the New Jersey Department of Environmental
Protection determines, pursuant to the New Jersey Register of Historic
Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard
is an undertaking that constitutes an encroachment or will damage
or destroy the New Jersey Register listed historic property.
H.
Safety standards for stormwater management basin.
(1)
This section sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This section applies to any new stormwater management BMP.
(2)
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection H(3)(a), (b), and (c) for trash racks, overflow grates, and escape provisions at outlet structures.
(3)
Requirements for trash racks, overflow grates and escape provisions.
(a)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the stormwater management
BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
[1]
The trash rack shall have parallel bars, with no
greater than six-inch spacing between the bars;
[2]
The trash rack shall be designed so as not to adversely
affect the hydraulic performance of the outlet pipe or structure;
[3]
The average velocity of flow through a clean trash
rack is not to exceed 2.5 feet per second under the full range of
stage and discharge. Velocity is to be computed on the basis of the
net area of opening through the rack; and
[4]
The trash rack shall be constructed of rigid, durable,
and corrosion resistant material and designed to withstand a perpendicular
live loading of 300 pounds per square foot.
(b)
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
such grate shall meet the following requirements:
[1]
The overflow grate shall be secured to the outlet
structure but removable for emergencies and maintenance.
[2]
The overflow grate spacing shall be no less than
two inches across the smallest dimension.
[3]
The overflow grate shall be constructed and installed
to be rigid, durable, and corrosion resistant, and shall be designed
to withstand a perpendicular live loading of 300 pounds per square
foot.
(c)
Stormwater management BMPs shall include escape provisions as
follows:
[1]
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection H(3) a freestanding outlet structure may be exempted from this requirement;
[2]
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See Subsection H(5) for an illustration of safety ledges in a stormwater management BMP; and
[3]
In new stormwater management BMPs, the maximum
interior slope for an earthen dam, embankment, or berm shall not be
steeper than three horizontal to one vertical.
(4)
Variance or exemption from safety standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
(5)
Safety-ledge illustration.
 Elevation View - Basin Safety Ledge Configuration
|
I.
Requirements for a site development stormwater plan.
(1)
Submission of site development stormwater plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection I(3) below as part of the submission of the application for approval.
(b)
The applicant shall demonstrate that the project meets the standards
set forth in this section.
(2)
Site development stormwater plan approval. The applicant's
Site Development project shall be reviewed as a part of the review
process by the municipal board or official from which municipal approval
is sought. That municipal board or official shall consult the municipality's
review engineer to determine if all of the checklist requirements
have been satisfied and to determine if the project meets the standards
set forth in this section.
(3)
Submission of site development stormwater plan. The following
information shall be required:
(a)
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inches equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
(b)
Environmental site analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
(c)
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
(d)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections C through E are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(e)
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
[1]
Total area to be disturbed, paved or built upon,
proposed surface contours, land area to be occupied by the stormwater
management facilities and the type of vegetation thereon, and details
of the proposed plan to control and dispose of stormwater.
[2]
Details of all stormwater management facility designs,
during and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
(f)
Calculations.
[1]
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection D of this section.
[2]
When the proposed stormwater management control
measures depend on the hydrologic properties of soils or require certain
separation from the seasonal high-water table, then a soils report
shall be submitted. The soils report shall be based on on-site boring
logs or soil pit profiles. The number and location of required soil
borings or soil pits shall be determined based on what is needed to
determine the suitability and distribution of soils present at the
location of the control measure.
(g)
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J.
(h)
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the Municipal Engineer, waive submission of any of the requirements in Subsection I(3)(a) through (f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
J.
Maintenance and repair.
(2)
General maintenance.
(a)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(b)
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
(c)
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.
(d)
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.
(e)
If the party responsible for maintenance identified under Subsection J(2)(c) above is not a public agency, the maintenance plan and any future revisions based on Subsection J(2)(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken. Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.) of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of non-vegetated linings.
(f)
The party responsible for maintenance identified under Subsection J(2)(c) above shall perform all of the following requirements:
[1]
Post a two-year maintenance guarantee in accordance
with N.J.S.A. 40:55D-53;
[2]
Maintain a detailed log of all preventative and
corrective maintenance for the structural stormwater management measures
incorporated into the design of the development, including a record
of all inspections and copies of all maintenance-related work orders;
[3]
Evaluate the effectiveness of the maintenance plan
at least once per year and adjust the plan and the deed as needed;
and
(g)
The requirements of Subsection J(2)(c) and (d) 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. Maintenance and inspection guidance can be found on the NJDEP's website at: https://www.njstormwater.org/maintenance_guidance.htm
(h)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the Municipal Engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or county may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
(3)
Nothing in this subsection shall preclude the municipality in
which the major development is located from requiring the posting
of a performance or maintenance guarantee in accordance with N.J.S.A.
40:55D-53.
K.
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 penalties as outlined in § 218-96.
L.
Severability. Each section, subsection, sentence, clause and phrase
of this section is declared to be an independent section, subsection,
sentence, clause and phrase, and the finding or holding of any such
portion of this section to be unconstitutional, void, or ineffective
for any cause, or reason, shall not affect any other portion of this
section.
M.
Effective date. This section shall be in full force and effect from
and after its adoption and any publication as required by law.
[1]
Editor's Note: This ordinance also repealed former § 218-73.1,
Stormwater best management practices and stormwater control, added 4-5-2021 by Ord. No. 1620-21.
A.
Drainage easements. If the property on which proposed
development is to be located is or is proposed to be traversed by
a pipe, stream, swale, channel or other drainage facility, the Planning/Zoning
Board may require the developer to provide an easement or drainage
right-of-way, the width of which is suitable for the installation
and access of storm drains and channels or conforms substantially
to the floodplain of the watercourse in question. The easement shall
protect the watercourse and the adjacent topography and composition
of the land located within the easement. No construction or development
may occur within the boundaries of the easement which will in any
way interfere with or hinder the natural or existing flow of the watercourse
and adjacent right-of-way except in the course of an authorized drainage
improvement.
B.
Conservation easements. On property where proposed
development is to occur and existing ponds, marshes, swamps, streams
or other waterbodies are present, a conservation easement may be required
in order to prevent the siltation of watercourses and adjacent lands.
Any county, state or federal buffer requirements can be used to meet
the Planning/Zoning Board's conservation easement requirements, provided
that the buffer or easement is a minimum of 50 feet from any watercourse
or drainage right-of-way. The conservation easement shall prohibit
the removal of trees, shrubs and ground cover or the filling and/or
grading of any land contained within unless such operations improve
the appearance or function of the easement and are approved by the
Planning/Zoning Board and any other applicable county, state or federal
agencies.
C.
Sight triangles. Sight triangle easements shall be
required at intersections, in addition to the specified right-of-way
width, in which no grading, planting or structure shall be erected
or maintained more than 30 inches in height as measured from the mean
elevation of the finished grade five feet away from the center line
of the grading, planting or structure. The sight triangle is defined
as that area outside the right-of-way which is bounded by the intersecting
street lines and the straight line connecting sight points, one each
located on the two intersecting street center lines. Such easement
dedication shall be expressed on the site plan or plat as follows:
"Sight triangle dedicated for the purposes provided for and expressed
in the Subdivision and Site Plan Ordinance."
D.
Utility easements. All utility easements are to traverse
and encompass any street right-of-way outside of the pavement or curb
lines. Such easements shall have a minimum width of 10 feet when adjacent
to a street and a width of 25 feet elsewhere. No utility easement,
except where they may cross, shall be within the beds of street pavements.
A.
Blocks. Block lengths, widths and acreages within bounding roads shall be such as to accommodate the size of the lot required by Chapter 250, Zoning, and as dictated by topographic and existing roads and to provide adequately for sewage disposal, convenient access, circulation and safety of street traffic. In blocks over 1,000 feet long, public rights-of-way and sidewalks through the blocks may be required in locations deemed necessary by the Planning/Zoning Board. Such rights-of-way shall be at least 15 feet wide and straight from street to street.
B.
Lots. Lot dimensions, front, side and rear yard areas and total area shall not be less than required by Chapter 250, Zoning, insofar as it is practical, side lot lines shall be at right angles to straight streets and radial to curved streets. Lot lines shall be regular and straight, except where the outside perimeter lines of the subdivision tract make such an arrangement unfeasible.
(1)
Each lot must front upon a street, and the frontage shall not be less than that required Chapter 250, Zoning, as measured along the building setback line and street right-of-way line. The minimum frontage along a cul-de-sac shall be measured at the minimum required building setback line.
(2)
Before a permit for the erection of any structure
on the lot is granted, such street shall be improved or such improvement
shall have been assured by means of a performance guaranty.
(3)
Every lot shall have access to it that is sufficient
to afford a reasonable means of ingress and egress for emergency vehicles
as well as vehicles customary to the use.
(4)
Where a portion of a lot is to be dedicated for road
widening, or right-of-way, lot dimensions shall be measured from the
dedicated area, except that the dedicated area may be included when
calculating the lot area for the lot in question.
[Amended 10-5-1995 by Ord. No. 942-95]
(5)
Where there is a question of the suitability of the
lot or lots for their intended use due to factors such as rock formations,
flood conditions, high water table, sewerage disposal, excessive topographic
slope or similar circumstances, the Planning/Zoning Board may, after
adequate investigation, withhold approval of such lots.
(6)
Lots fronting on arterial or collector roads shall,
at the discretion of the Planning/Zoning Board, be serviced by a reverse
frontage or other approved means.
(7)
Concrete monuments shall be installed for all lot
corners of all lots approved as part of a major subdivision. All lot
corners of lots approved as part of a minor subdivision submission
shall be marked with a metal alloy pin or permanent character. Monuments
shall be in accordance with the Map Filing Law.[1]
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
A.
General standards. The applicant shall observe the
following general requirements and principles of street layout and
hierarchy in the design of all streets, the purpose of which is to
create an effective, safe and efficient street system in the Township
of Middle:
(1)
The arrangement of streets not shown on the Master
Plan or Official Map shall be as such as to provide for the extension
of existing streets where appropriate.
(2)
Where a proposed development is adjacent to vacant
land capable of being subdivided into a major subdivision, a right-of-way
or other approved provisions shall be made to provide future street
access to the same.
(3)
Where a proposed development is to be located adjacent
to one or more existing developments, connecting street(s) are to
be constructed within the right-of-way provided to allow circulation
separate from that provided by the arterial streets. The construction
and cost of such street(s) is to be the sole responsibility of the
owner/applicant of the proposed development.
(4)
Streets shall be arranged so as to take advantage
of favorable, solar orientations, allow for maximum privacy, avoid
long linear runs and discourage through traffic.
(5)
All proposed street layouts must provide a safe and
reliable means of access to all emergency vehicles.
B.
Street hierarchy. Streets shall be classified according
to the following street hierarchy system defined by road function
and average daily traffic (ADT, as per the Institute of Transportation
Engineers):
|
Street Type
|
Maximum
ADT
| |
|---|---|---|
|
Residential access street/ cul-de-sac/alley
|
250 (each loop) 500 (total)
| |
|
Residential subcollector or marginal access
street
|
500
| |
|
Residential collector
|
1,000
| |
|
3,000
| ||
|
(total)
| ||
|
Arterial (minor and major)
|
3,000 and over
| |
|
Each street shall be classified and designed
for its entire length to meet the standards for its classification,
and the applicant shall demonstrate that the traffic hereinabove on
the proposed street will not exceed the ADT thresholds as listed.
| ||
C.
Street design standards.
(1)
The following dimensions are to be the minimum allowed
for all proposed streets in the Township of Middle:
|
Residen-
tial Access
|
Residen
tial Sub-
collector
|
Residen-
tial Collector
|
Arterial
| ||
|---|---|---|---|---|---|
|
Normal traffic capacity (ADT)
|
250
|
500
|
3,000
|
3,000 and over
| |
|
Minimum right-of-way width (feet)
|
50
|
50
|
60
|
100
| |
|
Minimum paving width (feet)
|
30
|
30
|
40
|
60
| |
|
Minimum shoulder width
|
--
|
--
|
--
|
2 at 8 feet
| |
|
Sidewalks:
| |||||
|
Width (feet)
|
4
|
4
|
4
|
4
| |
|
Setback (from curb) (feet)
|
4
|
4
|
4
|
8
| |
|
Minimum curb return radius at intersection (feet)
|
25
|
25
|
35
|
45
| |
|
Minimum centerline radius of horizontal curve
(feet)
|
100
|
150
|
500
|
2,000
| |
|
Minimum tangent length between reverse curves
(feet)
|
100
|
100
|
200
|
600
| |
|
Maximum longitu-
dinal grade (percent)
|
8
|
8
|
8
|
4
| |
|
Minimum
longitu-
dinal grade (percent)
|
0.5
|
0.5
|
0.5
|
0.5
| |
|
Maximum longitu-
dinal grade
for 200 feet from each side of an inter-
section (percent)
|
3.5
|
3.5
|
3
|
1.5
| |
(2)
Marginal access. In streets that abut arterial streets
and such other streets or portions of streets as the Planning/Zoning
Board shall designate on the Master Plan, the proposed plan shall
include provisions to minimize the curb cuts or entrances and exits
onto the same. Further, the Planning/Zoning Board may require provisions
for marginal access roads, reverse frontage lots with buffer strips
for planting or other design methods for the purpose of separating
through and local traffic.
(3)
In the event that a development adjoins or includes
existing streets that do not conform to the street width requirements
of this chapter, additional land along either or both sides of the
street, sufficient to conform to the right-of-way requirements, shall
be dedicated to the Township for the location, installation, repair
and maintenance of streets, drainage facilities, utilities and other
facilities customarily located on street rights-of-way. The necessary
deeds of ownership shall be furnished and the dedication shall be
expressed as follows: "Street right-of-way granted permitting the
entrance upon these lands for the purposes stated in the Subdivision
and Site Plan Ordinance of the Township." If the development is along
one side only, 1/2 of the required extra width shall be dedicated.
Additionally, that portion of the existing street or road adjoining
or included within a site plan or major subdivision shall be improved,
including excavation, grading, base courses and surfacing in accordance
with the road improvement standards of this chapter.
(4)
Acceleration-deceleration lanes. Acceleration and
deceleration lanes may be required for any entrance to a site that
is located on an arterial roadway with a posted speed limit in excess
of 35 miles per hour (mph) or greater. Acceleration lanes are to be
14 feet in width and 250 feet in length. Deceleration lanes are to
be 14 feet in width and 150 feet in length. Both lanes are to abut
and match the existing arterial pavement.
(5)
Intersections. Street intersections shall be as near to right angles as possible and in no case shall be less than 60º. New intersections along one side of a street shall, if possible, coincide with any existing intersections on the opposite side of each street. Use of T intersections in subdivisions shall be encouraged. Centerline offsets between intersections shall be a minimum of 200 feet. Corners at intersections shall be rounded at the radius shown in Subsection C(1). All intersections will be required to provide site triangle easements the size of which is shown on Diagram 5A.[1] No more than two streets shall cross the same point. Local
streets are not to enter collector streets at intervals any less than
500 feet.
[1]
Editor's Note: Said Diagram 5A is on file
in the Township Hall.
(6)
Tangents. A tangent at least 100 feet long shall be
introduced between reverse curves on arterial and collector streets.
When connecting street lines deflect from each other at any one point,
they shall be connected by a curve with a radius conforming to standard
engineering practice so that the minimum sight distance within the
right-of-way shall be 500 feet for local streets, 750 feet for a collector
street and 1,000 feet for an arterial street.
(7)
Culs-de-sac. Dead end streets or culs-de-sac shall
not be longer than 1,000 feet and shall provide a turnaround at the
end with a cartway radius of not less than 50 feet and tangent to
the right side of the street. When a dead-end street terminates at
an adjoining property line and where it is possible to extend the
street at a future time, the turnaround right-of-way shall be considered
temporary in nature, and provisions shall be made for future extension
of the street and reversion of the excess right-of-way to the adjoining
property owners, the removal of such turnaround and the extension
of the street to be accomplished by the future developer. The Planning/Zoning
Board in all cases may require the provisions in this article to be
applied in order to continue the circulation pattern onto adjacent
properties if this is deemed appropriate.
(8)
Street names. Streets shall not have names which will
duplicate or nearly duplicate so as to be confused with the names
of existing streets. The continuation of an existing street shall
have the same name. All proposed street names will require the approval
of the Planning/Zoning Board.
(9)
Shoulders. Where shoulders are required, they shall
be eight feet wide on each side of the street and be located within
the right-of-way. A side slope of no greater than three to one (3:1)
is to be maintained along the edge of the shoulder, with any steeper
slopes or dropoffs supported with suitable retaining walls or structures
and protected with appropriate guardrails or equal.
D.
Construction standards.
(1)
The NJDOT Standard Specifications for Road and Bridge
Construction, as modified, supplemented, amended or superseded by
the requirements of this chapter, shall govern the completion of the
required improvements. Such standard specifications are made a part
of this chapter by reference, and it is the responsibility of all
developers to acquire, familiarize and conform to these standard specifications.
Said material may be obtained from the NJDOT.
(2)
At a minimum, the pavement foundation shall consist
of six inches of compacted gravel Type 2, Class A or B (Soil Aggregate
I-5) which has been thoroughly compacted and bound together, smooth,
even and free from defects and at proper grade and contour.
(3)
A bituminous stabilized base course in compliance
with the State of New Jersey specifications on the same shall be installed
at a minimum compacted thickness of two inches. Upon completion, one
core sample per 1,000 square yards may be requested by the Township
Engineer at the expense of the developer for verification of proper
thickness. If a deficiency is noted, the Township Engineer may, at
his discretion, direct the developer to:
(4)
Upon completion of construction as determined by the
Township Engineer, the street shall be permanently paved with compacted
two inches of fine aggregate bituminous concrete Type FABC-1, Mix
I-5, constructed in accordance with NJDOT specifications.
[Amended 10-5-1995 by Ord. No. 942-95; 5-21-2001 by Ord. No.
1082-2001; 9-16-2002 by Ord. No. 1113-2002; 3-3-2003 by Ord. No. 1124-2003; 5-17-2004 by Ord. No. 1163-2004]
Off-street parking is required for any and all
development and shall follow the requirements listed in this article.
All off-street parking areas shall provide all necessary passageways
and driveways with parking spaces perpendicular, angled between 60º
and 90º and parallel. No parked vehicles shall block or obstruct
sidewalks or walkways and no parking shall be permitted on lawn or
landscaped areas or other areas not intended, designed or approved
for such parking. The owner and the developer of land on which a shopping
center and/or office complex is to be located, and any other necessary
party, shall be required to consent to the application of Title 39
of the New Jersey Statutes in the parking lot of such facility and
to the enforcement of the provisions thereof by the Middle Township
Police Department. The owner, developer and any other necessary party
shall execute any and all documents necessary to accomplish the aforesaid.
In this regard they shall also consent to the placing of all appropriate
signs at all appropriate locations within the shopping center and/or
office complex. The aforesaid requirements shall be a condition of
any preliminary and/or final site plan approval granted for shopping
centers and/or office complexes.
A.
Design standards.
(1)
Aisles. The provision of parking spaces shall also
include adequate driveways and turning areas. Parking areas shall
be designed to permit each motor vehicle to proceed to and from the
parking space provided for it without requiring the moving of any
other motor vehicle. Aisles providing access to parking spaces shall
have the following minimum dimensions. Where the angle of parking
is different on both sides of the aisle, the large aisle width shall
prevail.
|
Parking
Angle
(degrees)
|
Aisles
(feet)
|
Bay Widths
Parking
Both Sides
(feet)
|
Bay Widths
Parking
One Side
(feet)
| |
|---|---|---|---|---|
|
90
|
25
|
65
|
45
| |
|
60
|
19
|
63
|
41
| |
|
45
|
14
|
55
|
35
|
(2)
Dimensions of spaces.
(a)
Each perpendicular or angled off-street parking
space shall have, as a minimum, a rectangular area nine feet in width
and 18 feet in depth. Each parallel parking space shall have, as a
minimum, a rectangular area eight feet in width and 22 feet in depth.
(3)
No parking area is to be located closer than 10 feet
to any street right-of-way or property line.
(4)
Parking areas for nonresidential uses shall not be
located within 50 feet of the lot line of any adjacent residential
district (RR, SR, TR, CR, SL) or 20 feet to any adjacent residential
use.
(5)
All required parking spaces and the associated support
facilities required shall be located on the same lot or parcel as
the structure or use it shall serve, except where the Planning/Zoning
Board determines that enforcement of such will cause an undue hardship
upon the applicant and granting of such will not create any unsafe
conditions or traffic hazards.
(6)
No parking area is to be located closer than 15 feet
to any building or structure and closer than 10 feet to any property
line (if no other restrictions apply).
(7)
All off-street parking areas shall be so designated
as to permit vehicles entering a means to turn around on-site in order
to prevent the necessity of any vehicles backing onto a public street.
(8)
All off-street parking areas located between the front building line and the street right-of-way shall provide a safety island or raised strip separating the public street from the parking area. The width of the safety island shall be a minimum of 10 feet and be suitably landscaped as required in § 218-81. This article does not apply to single- or two-family dwellings.
(9)
All parking areas must provide sidewalks or other suitable means of passage for pedestrian traffic between parking areas and principal structures, along aisles and driveways and wherever else pedestrian traffic shall occur. Sidewalks shall be raised and curbed six inches above the parking area except where crossing the street or driveways or other areas deemed by the Township Engineer, as appropriate. All sidewalks shall comply with § 218-78.
(10)
The perimeter of all parking areas and islands shall have a six-inch-high concrete curb or approved equivalent. Curbing shall comply with § 218-79. In addition, the following requirements shall be met:
(a)
All off-street parking and loading areas shall
be provided with curbing so that vehicles cannot be driven onto required
perimeter landscaped areas, buffer zones and street rights-of-way
and so that each parking and loading area has controlled entrances
and exits and drainage control. Curbing shall be located to prevent
any part of a vehicle from overhanging internal sidewalks or landscaped
areas. Parking and loading spaces shall not be an extension of any
street right-of-way.
(b)
Curbing shall be depressed at the driveway or
the curbing may be rounded at the corners and the driveway connected
with the street in the same manner as another street.
(c)
Parking areas for 25 or more cars and access
drives for all parking areas on arterial streets shall provide curbed
return radii of not less than 15 feet for all right turn movements
and left turn access from one-way streets and concrete aprons on entrance
and exit drives.
(d)
Parking areas for fewer than 25 cars may utilize
concrete aprons without curb returns at entrance and exit drives which
are not located on an arterial street.
(11)
Parking aisles and areas shall be adequate in
size to service the vehicles that will be parked and maneuvered on
such. If vehicles larger than automobiles are to be parked, loaded,
unloaded or stored on the proposed development, such indications and
allowances shall be included on the plan.
(12)
All parking lots which have a capacity of 50
vehicles or more shall provide an exit drive with a minimum length
of 80 feet from the street right-of-way to the parking area.
(13)
All access drives located along one-way streets
or divided highways shall be separate one-way drives when feasible.
The access drives shall be placed so as to cause vehicles to enter
the parking area at the beginning of the property and exit at the
end of the property whenever possible.
(14)
Unrestricted vehicular access shall not be permitted
between adjacent properties. Controlled vehicular access between two
or more adjacent properties, if required or approved by the Board,
shall be limited to not more than one opening providing two lanes
of traffic and shall be located in such a manner as to maintain continuity
of traffic circulation on both properties. The opening shall occur
at the point furthest from the street line which would facilitate
the joining of the properties. The remainder of the side lot lines
shall be separated by a landscaped dividing strip, 10 feet in width,
located on each property being developed. If an adjoining property
is not yet being developed, there shall be provided a similar dividing
strip at least 10 feet wide at the time of development.
(15)
No off-street parking entrance or exit is to
be located less than:
(a)
Ten feet from the side property line or within
50 feet of an existing entrance or exit, whichever is greater.
(b)
Fifty feet from the nearest right-of-way of
an intersecting street.
(c)
One hundred feet from the nearest right-of-way
of an intersecting street if the parking lot holds more than 50 vehicles.
(16)
Adequate provisions for return of shopping carts
must be provided in shopping center developments.
(17)
Parking for all uses in one building must be
provided.
(18)
Off-street parking areas located on lots having
less than 100 feet in width shall have not more than one accessway
to any street or highway. All other parking areas shall not have more
than two accessways to any street or highway. In the case of unusually
large parking areas, an exception may be granted by the Board.
(19)
The width of any accessway leading to or from
a street or highway shall not exceed 24 feet unless separated by an
island area defined by a curb or other suitable barrier and shall
not be less than 12 feet. No such accessway opening shall be located
nearer than 30 feet to any street intersection.
(20)
All off-street parking areas shall be located
on the same lot with the facility they serve. If the Board determines
that it is impractical to provide adequate parking space on the same
lot, the Board may permit the required parking spaces to be located
on another lot, provided that the lot is within 300 feet of the facility
served.
(21)
No commercial signs, light standards or other
aboveground structures other than plantings shall be permitted within
10 feet of the street right-of-way.
(23)
Loading area requirements. Each nonresidential
activity shall provide for off-street loading and unloading in accordance
with the following requirements:
(24)
Lighting.
(a)
All parking facilities providing five or more
parking spaces shall be lighted.
(b)
The style of light and light standard shall
be consistent with the architectural style of the principal building.
(c)
The maximum height of freestanding lights shall
be the same as the principal building, but not exceeding 25 feet.
(d)
All lights shall be shielded to restrict the
maximum apex angle of the cone of illumination to 150º.
(e)
Where lights along property lines will be visible
to adjacent residents, the lights should be appropriately shielded.
(f)
Spotlight-type fixtures attached to buildings
should be avoided.
(g)
Freestanding lights shall be so located and
protected as to avoid being easily damaged by vehicles.
(h)
Lighting should be located along streets, parking
areas, at intersections and crosswalks and where various types of
circulation systems merge, intersect or split.
(i)
Pathways, sidewalks and trails should be lighted
with low or mushroom-type standards.
(j)
Stairways and sloping or rising paths, building
entrances and exits require illumination.
(k)
Lighting should be provided where buildings
are set back or offset.
(25)
All parking areas, regardless of size and location,
shall be suitably drained and maintained.
B.
Minimum off-street parking spaces required.
(1)
Specific minimum off-street parking requirements.
[Amended 10-17-2011 by Ord. No. 1399-11]
|
Use
|
Parking Requirements
| ||
|---|---|---|---|
|
Automotive repair garage, body shop, tire service, muffler shop,
lubrication service
|
1 space for each 200 square feet of GFA and 1 space per employee
on the maximum shift
| ||
|
Automobile service stations (full service)
|
5 spaces for first service bay, plus 3 parking spaces for each
additional bay
| ||
|
Automobile service stations (gas only)
|
0.5 space for each gasoline pump exclusive of parking area in
front of pumps used for filling purposes, plus 1 space per employee
on the maximum shift
| ||
|
Banks, savings and loans, fiduciary institutions
|
5 spaces for each teller window and automatic teller machine,
plus 8 on-site stacking spaces per each drive-in window
| ||
|
Bars, cocktail lounges, nightclubs, taverns
|
1 space for each 4 seats, plus 1 for each 400 square feet of
GFA
| ||
|
Barber- and beauty shops
|
3 spaces for each chair
| ||
|
Car washes
|
5 on-site stacking spaces for each lane, plus 1 space for each
vacuum cleaner, plus 1 space for each employee on the maximum shift
| ||
|
Car washing (self service)
|
Equivalent of 2.5 spaces per wash bay. Spaces may be provided
in open paved area for drying cars.
| ||
|
Church, synagogue, chapel or other houses of worship
|
1 space for each 3 seats or 48 inches of pew length
| ||
|
Club, lodge, association
|
1 space for each 100 square feet of GFA
| ||
|
Community center, library, museum, art gallery
|
1 space for each 200 square feet of GFA
| ||
|
Community club, private club, lodge
|
1 space for each 100 square feet of GFA
| ||
|
Convalescent home, nursing home, rest home
|
1 space for each 5 beds, plus 1 space for each employee on the
maximum shift
| ||
|
Driving range, miniature golf
|
1 space for each tee or hole
| ||
|
Dwelling units
|
Parking for all residential pursuant to residential site improvement
standards
| ||
|
Funeral homes, mortuaries
|
1 space for each 30 square feet of GFA in slumber rooms, funeral
service rooms and parlors, plus 1 space for each employee on the maximum
shift
| ||
|
Golf course
|
2 spaces for each hole, plus 1 space for each employee. Additional
parking may be required for each accessory use.
| ||
|
Government, county and municipal offices
|
1 space for each 200 square feet of GFA
| ||
|
Hospitals (all types)
|
Two spaces per 1,000 building gross square footage or one space
per two patient beds, whichever is greater.
| ||
|
Hotels, motels
| |||
|
Single-room units
|
1 space for each single-room unit exclusive of bathrooms and
kitchen areas, plus 1 space for each employee on site during the maximum
shift of employees
| ||
|
Suites
|
1.5 spaces for each room per suite, including bedrooms, parlors
and living rooms (exclusive of bathrooms and kitchen areas), regardless
of gross floor area, plus 1 space for each employee on site during
the maximum shift of employees
| ||
|
Laundromats or similar coin-operated cleaning
|
1 space for each 3 cleaning units
| ||
|
Marina, boatyard or boat sales, including boat slips that are
accessory uses for any commercial or residential use
|
0.6 spaces per boat slip, plus 1 space for each employee, plus
1 space for each 400 square feet of GFA for sales offices, plus 1
space per 1,000 square feet of gross outdoor sales area, plus 1 space
per 300 square feet of gross indoor sales area. Plus 1 space if a
manager's residential unit is provided.
| ||
|
Meeting rooms, assembly halls, auditoriums, exhibition halls
|
1 space for each 100 square feet of GFA or 1 space for each
3.5 seats, whichever is greater
| ||
|
Medical offices, including physicians, dentists, chiropractors,
therapists
|
1 space for each 150 square feet of GFA
| ||
|
Offices, business and professional (nonmedical)
|
1 space for each 200 square feet of GFA
| ||
|
Personal service establishments
|
1 space for each 200 square feet of GFA, plus 1 space for every
vehicle used in the business
| ||
|
Recreation
| |||
|
Batting cages
|
2 spaces per cage, with other uses calculated separately.
| ||
|
Bowling alleys
|
4 spaces for each alley, plus all required spaces for other
commercial uses within the same building
| ||
|
Miniature golf
|
1.5 spaces per hole, with other uses calculated separately
| ||
|
Commercial swimming pool
|
1 space per 1,000 square feet of gross recreation area, with
other uses calculated separately
| ||
|
Skating rink
|
1 space per 1,000 square feet of lot area, plus 1 space per
2 employees
| ||
|
Restaurant, fast-food, drive-through
|
1 space for each 50 square feet of GFA devoted to customer service,
plus 1 space for each 4 seats, plus 10 on-site stacking spaces for
each drive-through lane
| ||
|
Restaurant, including cafe, diner, other
|
1space per 4 seats
| ||
|
Retail sales
| |||
|
Furniture, hardware, home center, appliance stores, automotive
supply
|
1 space for each 400 square feet of GFA, plus 1 space for each
vehicle used in connection with the business
| ||
|
Outdoor sales, i.e. lumberyards, automobile, boat and truck
sales
|
1 space per 1,000 square feet of gross outdoor sales area, plus
1 space per 400 square feet of gross indoor sales area, plus 1 space
for each employee on maximum shift
| ||
|
Retail stores other than those specified
|
1 space for each 200 square feet of GFA
| ||
|
Schools, colleges, educational uses (public, parochial, private)
| |||
|
Elementary (grade), nursery, junior high schools and day camps
|
1 space for each employee, plus 1 space for each vehicle used
to transport students, plus 20% for visitors
| ||
|
High schools, prep schools
|
1 space for each administrator, teacher and other employees,
plus 1 space for each vehicle used to transport students, plus 1 space
for every 8 students in grades 9 through 12, plus 20% for visitors
| ||
|
College, junior college, academy, trade or technical school,
or similar institution
|
1 space for every 2 students, plus 1 space for each teacher,
administrator and any other employee, plus 1 space for each school
use vehicle
| ||
|
Self-storage facilities
|
1 space for every 200 storage units (a minimum of 4 spaces including
the handicapped parking space), and 2 covered parking spaces if a
manager's residential unit is provided
| ||
|
Shopping centers
|
4.5 spaces per 1,000 square feet of GFA, plus all parking required
herein for restaurants, offices, theaters and other nonretail uses
| ||
|
Studio, instructional (art, music, dance), health spa, fitness
center
|
1 space for each 100 square feet of GFA used for instructional
or patron use
| ||
|
Theaters
|
1 space for each 3 seats, plus 5 spaces for employees
| ||
|
Theaters in shopping centers
|
1 space for each 5 seats, plus 5 spaces for employees
| ||
|
Theater, performance
|
1 space per 4 fixed seats
| ||
|
Veterinary or animal hospital
|
1 space for each 200 square feet of GFA, plus 1 space for each
staff veterinarian and employee
| ||
|
Wholesale, machinery, large equipment sales
|
1 space for each 1,000 square feet of GFA, plus 1 space for
each vehicle used in the business operation, plus 1 space for each
200 square feet of GFA of office use
| ||
|
Warehouse (storage only)
|
1 space per 500 square feet of GFA plus one per employee.
| ||
|
Multiuse facility/shared parking provision
|
When a building or structure contains more than 1 proposed use,
the parking shall be calculated for each individual use, except for
mixed use buildings and developments, where up to 25% of residential
parking requirement may be reduced.
| ||
(2)
"GFA" shall mean gross floor area and shall be the
sum of the gross horizontal areas of the several floors of a building
measured from the exterior face of exterior walls or from the center
line of a wall separating two buildings but not including interior
parking spaces, loading space for motor vehicles or any space where
the floor-to-ceiling height is less than six feet.
(3)
For uses not specifically stated herein or similar
in nature to use stated, off-street parking space requirements shall
be determined by the Planning Board using criteria set forth in the
Parking Generation Manual and Trip Generation Manual as published
by the Institute of Transportation Engineers, latest edition.
C.
Construction standards.
(1)
Parking areas for fewer than 50 cars which are determined
by the Planning/Zoning Board not to be utilized by heavy truck traffic
or drive-up window service may use the following specifications:
(2)
Parking areas for 50 or more cars or areas that experience truck traffic and/or drive-up window service shall require an asphalt base equivalent to that required for roadways (see § 218-76) or Class C (air-entrained) concrete six inches thick, with welded wire fabric reinforcing (6 x 6-10/10) and appropriate expansion and/or contraction joints.
(3)
All parking areas are to provide all necessary paint
striping to delineate parking stalls, barrier lines, lane lines, directional
arrows, stop lines, fire lanes and any other striping required to
provide safe and convenient traffic circulation. All markings shall
conform with the Manual on Uniform Traffic Control Devices. All parking
areas shall also provide traffic control signs and devices as required.
All signs and devices shall conform to the Manual on Uniform Traffic
Control Devices.
A.
Design standards.
(1)
Sidewalks shall be installed along all proposed streets
and other areas where a pedestrian walk is required in order to link
dwelling units with other dwelling units, the street and on-site activity
areas such as parking areas and recreational areas. When adjacent
to the street, they shall be located four feet from the curb and in
the right-of-way, parallel to the street. An exception to this may
be granted if it permits the preservation of topographic or natural
features, provides visual interest or the applicant shows that an
alternative pedestrian system provides safe and convenient circulation.
(2)
At corner intersections and other areas that are appropriate, the sidewalk shall continue to the curb and slope to provide access for handicapped individuals (see § 218-87)
(3)
In commercial and high-density areas, sidewalks may
abut the curb, but provisions shall be made so that cars do not overhang
the sidewalk.
(4)
When sidewalks are located adjacent and parallel to
an arterial road (as determined by the Planning/Zoning Board), the
sidewalk shall be located a minimum of eight feet from the curb.
B.
Construction standards. All sidewalks and pedestrian
walkways are to be constructed of concrete unless otherwise approved
by the Township Engineer. All concrete walks shall be made of 3,500
psi concrete reinforced with welded wire fabric reinforcing (6 x 6-6/6),
four feet in width, four inches in thickness with contraction joints
every four feet and expansion joints every 12 feet on a compacted
subgrade. Preformed cellular joint fillers shall be placed at all
expansion joints and in between the sidewalk and curb in locations
that they abut. Where sidewalks cross driveways or experience any
vehicular traffic, they shall be increased in thickness to six inches
and reinforced with welded wire fabric (6/6-10 x 10) across their
entire width.
A.
Design standards. Curbing shall be required for drainage
purposes, safety, delineation and protection of the pavement edge
based on the intensity of development and street classification at
the discretion of the Planning/Zoning Board.
(1)
Curbing shall generally be required for all subdivisions
and site plans.
(2)
The curb at all delivery and exit/entrance points
shall be depressed to a point 1 1/2 inches above the finished pavement.
(3)
Curbing shall also be depressed at intersections and
other appropriate locations for the access of the handicapped.
(4)
The requirements for curbing may be waived and shoulders
and/or drainage swales used when it can be shown that:
B.
Construction standards.
(1)
Curbing shall consist of 3,500 psi concrete, with
a height of not less than 18 inches, a width at base not less than
eight inches and a width at top of not less than six inches. All curb
shall show a vertical face above the pavement of six inches and shall
provide one-half-inch bituminous expansion joints every 20 feet, 10
feet scored.
(2)
Alternate curb types may be desirable or necessary
in some instances, for heavy drainage flow, vehicular access, decorative
purposes, etc. These are permitted if the proposed curb meets the
approval of the Township Engineer and Planning/Zoning Board.
A.
Design standards. All exit and entry drives are to
be located so as to provide safe entry and exit onto the same from
public streets.
(1)
Driveway entrances/exits are to intersect the street
at an angle as close to 90º as possible and in no circumstances
less than 60º.
(2)
Driveways that service parking areas which provide
parking for fewer than 25 vehicles shall utilize concrete aprons to
access public roads where curbs are present.
(3)
Driveways that service more than 25 vehicles shall provide curb returns at the dimensions stated in § 218-76C(1).
(4)
The dimensions of the driveway are to coincide with
the anticipated traffic demand on such. Listed are required minimum
and maximum dimensions for driveways in the Township of Middle.
|
One-Way Operation
|
Two-Way Operation
| |||
|---|---|---|---|---|
|
Curbline
Opening
(feet)
|
Driveway
Width
(feet)
|
Curbline
Opening
(feet)
|
Drive-
way
Width
(feet)
| |
|
Commer-
cial and industrial
|
24 to 50
|
18 to 34
|
24 to 50
|
24 to 46
|
|
Service station
|
15 to 36
|
15 to 36
|
24 to 36
|
20 to 36
|
|
Single- or two-family dwellings
|
16 to 24
|
12 to 20
| ||
(5)
The number of driveways permitted from any one site
that has access onto public or municipal street shall be as follows:
|
Length of
Site Frontage
(feet)
|
Recommended No. of Driveways
|
|---|---|
|
150 or less
|
1
|
|
More than 150 to 800
|
2
|
|
Over 800
|
To be specified by the Planning/Zoning Board
upon receipt of advice of the City Engineer
|
B.
Construction standards.
(1)
All commercial and industrial driveways are to be constructed following the guidelines for street paving as defined in § 218-76.
(2)
All residential driveways may be constructed with
a six-inch compacted gravel base and a surface course of two inches
of compacted Type FABC. Other paving materials and methods may be
acceptable contingent upon the approval of the Township Engineer and
Planning/Zoning Board.
A.
Design standards, general. Landscaping shall be provided
on all site plans and subdivisions and shall be designed to enhance
the visual appearance of the site, to screen unpleasant views and
to integrate other elements of the site design. All reasonable effort
shall be made to preserve as much of the existing vegetation as possible,
with special consideration to be given to large and/or relatively
rare trees and specimen plantings.
(1)
All landscape plans required as part of site plan/subdivision
approval shall be prepared by a certified landscape architect or appropriately
licensed professional.
(2)
The plan shall locate existing and proposed trees,
shrubs, ground cover, existing natural features and other existing
and proposed landscape elements. Lots from which trees and shrubs
have been removed shall be replanted to reestablish the tone of the
area in conformance with adjacent lots.
(3)
The plan shall include a plant list inclusive of common
and botanical names, sizes and quantities along with the appropriate
planting and/or site details necessary.
(4)
The plans shall provide for a variety and mixture
of plantings. The variety shall consider colors, textures, shapes,
blossoms, foliage, seasonal interest and susceptibility to disease.
(5)
A minimum of 25% of a site plan shall be reserved
for landscaping reasonably distributed within the area and shall include
suitable shrubbery in an area not less than four feet wide around
the perimeter of any structure(s) located on such. This requirement
shall be in addition to any requirements set forth in parking areas
and buffers.
(6)
Except in conservation easements and areas specifically
designated to remain in their natural state, existing wooded areas
shall be selectively thinned and dead or diseased vegetation, either
standing or fallen, undesirable trees and any other undesirable growth
and stumps shall be removed.
(7)
Landscaping of the area of all cuts, fills or terraces
shall be sufficient to prevent erosion and shall be approved by the
Board. All roadway slopes steeper than one foot vertically to three
feet horizontally shall be planted with suitable ground cover plants
combined with grasses and/or sodding. Grasses or sodding alone shall
not be acceptable. No cut or fill slopes shall go unstabilized for
more than 30 days.
(8)
The Board may waive or modify the requirements of
this section in heavily wooded areas, in areas unsuitable for plantings
or because of other exceptional conditions and/or may require supplementary
plantings.
(9)
Irrigation systems must be provided for all landscape
and grass areas.
(10)
All clearing and soil disturbance activities shall be limited
to those which are necessary to accommodate a permitted activity,
use or structure.
[Added 10-17-2011 by Ord. No. 1399-11]
(11)
Permanent lawn or turf areas shall be limited to those specifically
intended for active human use such as play fields, golf courses and
lawns associated with a residence or other principal nonresidential
use. In all cases, the amount of lawn shall be the minimum necessary
to accommodate such use. A statement regarding compliance with state
regulations regarding use of pesticides and herbicides shall be included
in the environmental assessment report.
[Added 10-17-2011 by Ord. No. 1399-11]
B.
Parking area landscape requirements. All off-street
parking areas shall adhere to the following minimum standards:
(1)
One pollution-resistant shade tree or ornamental tree
shall be planted for every eight parking spaces and shall be located
in an island or other reasonable location within said parking area.
Precautions shall be taken to protect the trees from vehicular traffic
and provide the same with adequate space and water for healthy growth.
The base of each tree shall be left an eight-foot-diameter area free
of pavement.
(2)
Pollution-resistant shade trees shall be planted along
all undedicated roads, drives and parking areas. One tree is required
for each 30 feet of perimeter edge of pavement.
(3)
No parking area shall contain more than 12 parking
spaces in a row in a business, commercial or industrial zone, nor
more than eight spaces in a row in a residential zone, without interruption
by a landscaped divider at least eight feet in width and containing
shade trees and shrubs.
(4)
All parking areas that will contain 20 or more vehicles
shall contain landscaped island areas with a minimum width of eight
feet separating the rows of parking spaces. These islands should contain
a minimum of one shade tree for every eight parking spaces as well
as the appropriate shrubs and/or groundcovers.
(5)
Between all parking lots and any property line along
a street, there shall be a buffer strip of a minimum of 10 feet in
width. The buffer strip shall contain a curb or other suitable barrier
against unchanneled motor vehicle ingress and egress, which shall
be no less than five feet from any sidewalk line and shall be continuous
for the entire width of the lot adjoining the street or highway right-of-way
line except for accessways permitted below. The buffer strip shall
be landscaped with plant materials of a size and type that do not
block the line of sight of motorists entering the street or highway.
(6)
A minimum fifty-foot landscape buffer shall be maintained
on the perimeter of all commercial and industrial areas that abut
a residential zoning district (RR, SR, TR, CR, SL); a twenty-foot
buffer is required to any adjacent residential use. The buffer shall
consist of trees, conifers and shrubs that in combination, and in
all seasons, provide a solid screen with a minimum height of six feet.
[Amended 10-5-1995 by Ord. No. 942-95; 5-21-2001 by Ord. No. 1082-2001]
C.
Landscape screening requirements.
(1)
Landscape screens shall be required around all parking
areas, loading areas, trash enclosures, reverse frontage lots, conflicting
uses and structures and/or activities that would otherwise create
a disturbance to adjacent lots.
(2)
Landscape screens may include any and all trees, conifers
and shrubs, provided that they create a varied and solid visual barrier
six feet or more in height during all seasons of the year.
(3)
Fences may be used as a screen, provided that trees, conifers and shrubs are planted along the fence to break up the monotony of the fence (see § 218-84 for fence requirements).
(4)
All loading areas shall be landscaped and screened
sufficiently to obscure the view of the parked vehicles and loading
platforms from any public street, adjacent residential district or
uses and the front yards of adjacent commercial and industrial uses.
Such screening shall be by a fence, wall, planting or combination
of the three and shall not be less than four feet in height.
(5)
Berms may be used as a screening device, provided
that they are adequately landscaped, do not contain slopes in excess
of three to one (3:1) and reach a minimum height of five feet.
D.
Landscape buffer requirements. The following is a
list of the minimum required distances for buffers in the Township
of Middle:
(1)
A twenty-five-foot buffer is required between a reverse
frontage lot and the street right-of-way.
(2)
A ten-foot buffer is required between any off-street
parking area and the street right-of-way.
(3)
A ten-foot buffer is required between any off-street
parking area and any property line.
(4)
A fifteen-foot buffer is required between any off-street
parking area and building or structure.
(5)
A fifty-foot buffer is required between any. commercial,
industrial or nonresidential use and residential zoning district (RR,
SR, TR, CR, SL, RB); a twenty-foot buffer is required between any
commercial, industrial or nonresidential use and a residential use.
[Amended 10-5-1995 by Ord. No. 942-95; 5-21-2001 by Ord. No. 1082-2001]
E.
Street tree requirements.
(1)
All interior streets of any proposed development shall
be provided with shade trees located every 50 feet on center, 20 feet
from the edge of curb. All shade trees selected shall be sturdy, hardy
species not prone to wind or insect damage and disease. Trees that
cannot be located 20 feet from the curbline due to structures, utilities
or other restrictions shall be located a minimum of two feet from
the curb in an adequate planting pit, providing sufficient water,
fertilizer and air to the root system.
(2)
If more than 10 shade trees are to be required, a
compatible mixture of trees are to be selected (two species minimum)
in order to prevent a monoculture condition.
F.
Plant material requirements.
(1)
All plant material selected for use must conform to
the standards of the American Standard of Nursery Stock.
(2)
All plant material selected shall be suitable for
use in the climatic zone and soils of Middle Township.
(3)
The following standards apply to all shade trees planted
in the Township of Middle:
(a)
Trees shall be of a species that has a mature
crown spread of greater than 20 feet and which can be maintained at
an overhead height of six feet or greater.
(b)
No tree shall be planted that has a caliper
of less than two inches or a height less than 10 feet.
(c)
Tree species which are known to have invasive
roots which could cause damage sidewalks, utilities, etc., shall not
be placed within 15 feet of any such structures.
(4)
Any conifers planted in the Township of Middle shall
be a minimum of six feet in height.
(5)
The following standards shall apply to any shrubs
planted in the Township of Middle:
(6)
Any and all plant material installed shall be maintained
for a twenty-four-month period following the completion of the landscape
planting. All plantings which fail to survive within this period shall
be replaced by the developer at no cost or expense to the Township.
Said replacement shall be within 60 days following written demand
from the Township for such replacement or for such extended periods
as may be specified.
(7)
All nursery stock should be balled and burlapped.
(8)
Native shrubs and trees shall be used for revegetation or landscaping
purposes to accommodate nutrient poor soil. Other shrubs and trees
may be used in the following circumstances:
[Added 10-17-2011 by Ord. No. 1399-11]
G.
Topsoil and seeding requirements.
(1)
Topsoil specifications. No topsoil shall be removed
from the site or used as spoil. Topsoil moved during the course of
construction shall be stabilized if stored and shall not be placed
within 10 feet of any existing trees or shrubs designated to remain
on the preliminary or final plat. Topsoil moved shall be redistributed
so as to provide at least four inches of cover for all seeding and
planting areas. If the existing amount of topsoil on-site is insufficient,
the developer shall provide and distribute a sufficient quantity of
topsoil to provide such a cover.
(2)
Fertilizer, seed and mulch specifications.
(a)
All fertilizing, seeding and mulching in the
Township of Middle shall meet the following specifications:
[1]
Ground limestone: two tons per acre.
[2]
10-29-10 fertilizer: 600 pounds per acre.
[3]
Salt, hay or straw mulch: 1 1/2 to two tons
per acre.
[4]
Temporary seeding: one pound of ryegrass per
1,000 square feet.
[5]
Permanent seeding: 1/2 pound of perennial ryegrass,
3/4 pound of creeping red fescue and 3/8 pound of Kentucky bluegrass
per 1,000 square feet.
(b)
These mixtures may be either broadcast seeded
or hydroseeded. If hydroseeded, the fertilizer, seed, mulch and mulch
binder shall be applied at the same rate as specified in a slurry
mix. If broadcast seeded, the seed shall be mulched with salt hay
or equivalent at the rate prescribed and sprayed with a tackifying
agent to prevent movement and loss. Steep areas or swales subject
to washout where mulching alone is not sufficient shall be stabilized
with juga mats or equal.
(c)
This section of the land use regulation will
not be considered complied with until the seed attains growth sufficient
to ensure a stable ground condition.
All lighting shall be designed by the utility
company or using as a guideline the standards set forth by IES Lighting
Handbook. Generally, the lighting design should ensure the safe movement
of persons and vehicles as well as providing adequate lighting of
all building and/or structure entries and exits for security purposes.
As such, lighting will be required at intersections, along walkways,
at entryways, between buildings and in parking areas.
A.
Site lighting.
(1)
The style of the light and light standard shall be
consistent with the architectural style of the principal building.
(2)
The maximum height of freestanding lights shall be
the same as the principal building but not exceeding 25 feet.
(3)
All lights shall be shielded to restrict the maximum
apex angle of the cone of illumination to 150º.
(4)
Where lights along property lines will be visible
to adjacent residents, the lights should be appropriately shielded.
(5)
Spotlight-type fixtures attached to buildings should
be avoided.
(6)
Freestanding lights shall be so located and protected
as to avoid being easily damaged by vehicles.
(7)
Lighting should be located along streets, parking
areas, at intersections and crosswalks and where various types of
circulation systems merge, intersect or split.
(8)
Pathways, sidewalks and trails should be lighted with
low or mushroom-type standards.
(9)
Stairways and sloping or rising paths and building
entrances and exits require illumination.
(10)
Lighting should be provided where buildings
are set back or offset.
(12)
Display lighting shall be shielded and shall
be so located and maintained as not to constitute a hazard or nuisance
to the traveling public or to neighbors. In particular, so-called
"string lights" shall not be permitted.
B.
Streetlighting.
(1)
Adequate streetlighting shall be provided along all
proposed new streets of a type and at intervals approved by the Township
Engineer. At a minimum, such lighting is required at street intersections,
along pedestrian crosswalks and at any private drive entrance or exit
providing access to 10 or more parking spaces. Such lighting shall
be installed according to standards approved by the Township Engineer.
(2)
Where streetlighting is required as a condition of
approval of an application for development connected to a public utility,
then upon notification, in writing, by the developer to the Township
that the streetlighting on a dedicated public street has been installed
and accepted for service by the public utility and the certificates
of occupancy have been issued for at least 50% of the dwelling units
and 50% of the floor area of nonresidential units on the dedicated
public street or a portion thereof approved in stages pursuant to
N.J.S.A. 40:55D-38, the Township will, within 30 days following receipt
of notification, make appropriate arrangements with the public utility
for and assume the payment of the cost of streetlighting on the dedicated
public street on a continuing basis.
[Amended 10-5-1995 by Ord. No. 942-95; 5-21-2001 by Ord. No. 1082-2001; 9-16-2002 by Ord. No. 1113-2002; 9-5-2012 by Ord. No. 1423-12]
A.
Purpose: The regulation of signs under this article is intended to:
(1)
Ensure that the proposed signage is compatible with surrounding land
uses.
(2)
Create a more attractive economic and business climate within the
commercial areas of the Township.
(3)
Protect and enhance the physical appearance of all areas.
(4)
Reduce the distractions, obstructions and hazards to pedestrian and
auto traffic caused by the indiscriminate placement and use of signs.
(5)
To protect the historic character of the Cape May Court House Overlay
District by ensuring that signage is aesthetically compatible.
(6)
Effectuate the Master Plan goal to "Update sign standards that promote
safety while discouraging sign proliferation."
B.
General requirements.
(1)
Any sign proposed to be placed in the Township of Middle is subject
to review and approval by the Zoning Officer who will determine whether
or not such sign is in compliance with this article.
(2)
All regulations described in this article shall govern and control
the installation, enlargement, expansion, alteration, operation, maintenance,
relocation and removal of all signs within the Township that are visible
from any street, sidewalk, walkway and public or private property.
Any signs not permitted in this article are prohibited.
(a)
All existing signs that are presently nonconforming which were
legally erected prior to the enactment of this chapter may remain
but shall not be replaced if removed or destroyed.
(3)
The American Flag, defined as a piece of cloth, varying in size, usually attached at one edge to a staff or cord and used as the symbol of the United States of America, may be flown or displayed without limitation, as it is not considered a sign relative to this section. Federal guidelines that govern the manner in which an American Flag shall be flown shall be followed at all times. Flags used for advertising purposes shall be regulated as set forth in Chapter 210 of the Code of Middle Township.
C.
Design standards.
(1)
All signs that are to be illuminated shall be lit by a shielded or indirect white light source. No illuminated sign is to be placed so as to permit the beams and/or illumination of such to be directed or beamed upon adjacent public and/or private property so as to create a nuisance or traffic hazard. In addition, any illuminated sign that is adjacent or across the street from any residential zoning district and is visible from such shall be illuminated between the hours of 11:00 a.m. and 7:00 p.m. only, unless the use to which the sign pertains is open for business past those hours. To protect and enhance the historic character of the Cape May Court House Overlay District, no internally illuminated or electronic messaging signs (as defined herein) are permitted in the Cape May Court House Overlay District. Also see § 250-640, Design guidelines for nonresidential uses in Cape May Court House Overlay Zone.
(2)
No sign is to be located so as to, by reason of its position, size,
shape, content or color, be confused for, obstruct, impair, obscure
or interfere with any traffic control sign, signal or device.
(3)
No signs, unless publicly owned, shall be placed within or extend
into or over any public right-of-way or easement.
(4)
No sign or any part thereof shall be located closer than 10 feet
to any lot line and no greater in height than 20 feet (unless otherwise
noted).
(5)
To determine the square footage of any sign, the measurements shall
include the entire display, together with all spaces between letters
and/or symbols and any artwork, framing or other work clearly a part
of the display area of the sign, but not including the supporting
structure. No sign shall contain more than two sides visible from
any street. Unless otherwise prohibited, all signs may be double-faced
with the maximum area applying to each side individually. Signs that
require posts or pylons whose surface is being used for advertising
purposes shall include these surfaces in the total sign area.
(6)
Wall or facade signs shall not extend above the height of the vertical
wall or cornice to which they are attached, nor may they obstruct,
project over or occupy any window surface required for light and/or
ventilation. Wall or facade signs may not project more than 18 inches
from the building facade to which it is attached or be closer than
eight feet from the ground level under said sign.
(7)
Whichever a proposed development is bordered by more than one street,
additional signage may be permitted by the Planning/Zoning Board in
accordance with the provisions of this article.
(8)
All signs shall be located on the same property with the use, firm,
facility, business, product, service or organization they advertise,
unless otherwise provided by this chapter.
(9)
All signs shall be of a character and composition harmonious with
the area of the Township in which the sign is located, and shall have
a professional appearance.
(10)
Window signs are permitted in all commercial zones limited to
25% of the window area.
D.
Construction standards.
(1)
All signs are to conform to the structural requirements of the New
Jersey Uniform Construction Code. Freestanding signs shall be supported
by posts or pylons constructed of concrete, steel, treated wood or
other suitable materials or a combination of the same. Posts or pylons
are to be securely anchored into the ground so that the sign will
withstand high winds. No guy wires or bracing is permitted. Signs
attached to structures are to be securely anchored by means of nonrusting
metal hardware.
(2)
All signs shall be maintained in a safe, secure and proper painted
condition. Any sign not maintained in such a manner will be removed
at the expense of the permittee if no repairs are performed 10 days
after a written notice is issued by the Construction Official.
E.
Prohibited signs.
(2)
Animated or moving signs or signs using blinking, flashing, vibrating,
revolving, flickering, tracer and/or sequential lighting.
(3)
Signs using red, yellow or green lights which would be mistaken for
or interfere with the operation of any traffic control signals.
(4)
Signs using neon lights or any other material which sparkles or glitters.
(5)
Roof signs. No sign may be constructed which attaches to the roof
or projects above the roofline.
(6)
Portable signs that are used for advertising purposes, sidewalk and curb signs, unless permitted under § 218-83F(6).
(7)
Signs on a tree or utility pole or painted on or otherwise directly
affixed to any rock, ledge or other natural feature, whether on public
or private property.
(8)
Signs which contain statements, words or pictures of any obscene
character or nature.
(9)
Signs which advertise, identify or pertain to any business no longer
conducted or product no longer sold on the premises where the sign
is located.
(10)
Signs containing advertising which is untruthful.
(11)
Banners, strings of banners, pinwheels, inflated signs, and
other similar attention-getting devices.
(12)
Billboards.
(13)
Off-premises signs on stationary boats located within the Township's
jurisdiction in any Township waterways or in any waterways adjacent
to the Township.
(14)
Signs on motor vehicles and trailers that are parked or stored
in a lot in excess of 48 hours shall be presumed to be used for advertising
purposes and therefore prohibited under this section.
(15)
Internally lit or electronic message signs in residential zones
or in the Cape May Court House Overlay Zone.
F.
Signs permitted without a permit.
(1)
Official traffic, parking and street signs.
(2)
Signs authorized by the Chief of Police.
(3)
Warning and no-trespassing signs indicating private ownership of
roadways or other private property that do not exceed two square feet
in area, limited to one sign per 200 feet of lot frontage.
(4)
Name and number plates identifying residents and affixed to a house,
apartment or mailbox that do not exceed four square feet in area.
(5)
Signs posted by governmental agencies that are pursuant to governmental
statute, order or regulation.
(6)
"A-frame" sandwich board signs are permitted in the TB and VC Zones
only, provided that the following conditions are met:
(a)
No freestanding signs presently exist on the site.
(b)
The sign must be displayed during business hours only; and must
be removed after closing.
(c)
The sign area may not exceed six square feet per side.
(d)
The style of the sign must be consistent with the architecture
and character of the neighborhood in which it is located. The materials,
design and lettering must exhibit a professional appearance.
(7)
Real estate, housing development and community entrance signs.
(a)
One sign not greater than six square feet, including any attachments,
shall be permitted on any property, lot or building, advertising the
property, lot or building for sale, rent or lease. Properties with
frontage on two roadways shall be permitted two signs. In the event
that more than one person with a real estate license is authorized
to advertise the property, lot or building, each person with a real
estate license may place one such sign on the property, lot or building,
to a maximum of two total signs. In the case of any parcel of land
larger than one acre or any building containing covered floor space
greater than 10,000 square feet, each sign advertising the property,
lot or building for sale may be greater than six square feet but not
greater than 12 square feet, and for each acre of land area or for
each 10,000 square feet of covered floor space there shall be a maximum
of four such signs.
(b)
In addition, one additional off premises directional signs is
permitted per property for sale, only if all of the following conditions
are met:
[1]
The maximum size of the signs shall be three square feet in
area, with nothing attached (including, but not limited to, balloons,
pennants and riders).
[2]
No more than one sign per corner, with no part of the sign to
block or protrude over any part of a sidewalk or driveway.
[3]
Signs are permitted only during the time of the open house (defined
as period during which a sales agent is present on the property for
sale).
[4]
Signs are permitted only if anchored to the ground. No signs
are permitted on vehicles, poles or structures.
[5]
Signs shall be in compliance with sight triangle regulations.
(c)
Commercial properties for sale shall be permitted one sign not
greater than 16 square feet in area.
(d)
Signs advertising that a property, lot or building has been
sold, rented or leased shall be permitted for a period not to exceed
30 days.
(e)
One sign not greater than 32 square feet shall be permitted
to advertise developments containing four or more lots for sale. Such
signs shall be set back no less than 10 feet from the property line.
All development signs shall be removed when 95% of the lots have been
initially sold.
(f)
Identification signs calling attention to the entrance to a
community within the Township may be permitted, provided that such
signs do not exceed 32 square feet, do not call attention to any particular
businesses or organizations within the community and are necessary
and desirable, in the opinion of the Planning Board, for the general
welfare of the Township.
(g)
One temporary construction sign not greater than 32 square feet
shall be permitted to announce the erection of a building and call
attention to the architect, contractors, sponsors and other individuals
and firms participating in the construction. Such a sign may be erected
for a period of 60 days plus the construction period, after which
the sign shall be removed from the premises.
(8)
Temporary political signs which promote the election of a particular
candidate or candidates, with the following requirements:
[Amended 11-21-2016 by Ord. No. 1537-16]
(a)
Removed within five days following the date of the election.
(b)
Shall not be placed on public property.
(c)
Shall not be placed within a site triangle.
(d)
Shall not exceed three square feet in area if located in a residential
zone, except on an approved commercial property.
(e)
Shall not exceed 32 square feet in area if located in a commercial
zone.
(9)
Yard sales and/or garage sale signs must be removed within 24 hours
after the event.
(10)
"Open" flags.
[Added 10-2-2023 by Ord. No. 1682-23]
(a)
Each business shall be limited to one "open" flag as described herein.
(b)
"Open" flags shall be no larger than three feet by five feet in size.
(c)
"Open" flags shall be on a pole attached to either the building or the building side of an existing freestanding sign consistent with § 218-83H(4).
(d)
The flag shall say only "open" and contain no other content.
(e)
No other advertising flags or banners shall be permitted.
(f)
"Open" flags shall be displayed only during business hours when the
business is actually open.
(g)
In multitenant buildings,
tenants must obtain approval from the landlord to attach an "open"
flag to the building or existing freestanding sign.
(h)
Each tenant shall be limited to one "open" flag on a multitenant
building.
(i)
In addition to an "open" flag as described herein, a business shall be permitted to display the American flag as set forth in § 218-83B(3) of this chapter and the other cited sections of the Middle Township Code referenced therein, though nothing in this section shall be construed to regulate or limit the display of the American flag on a building or business property.
G.
Signs permitted in residential zones.
(2)
Identification signs for residential developments, provided that
they are associated with an approved use within a residential zone.
Such signs are not to exceed 32 square feet in area and six feet in
height. If there are two entrances to the development, a second sign
of up to half the size of the first is permitted.
(3)
Business signs that are accessory to a nonconforming commercial use
or a commercial use approved by a variance granted by the Zoning Board
of Adjustment.
(a)
Freestanding signs shall not exceed 16 square feet in area,
five feet in height.
(b)
One facade sign is permitted to be placed or inscribed upon
the facade of the building for each use or activity that takes place
there. Such sign shall not exceed an area of 1/4 square foot for each
one foot in width of the front of the building or portion thereof
devoted to such use or activity, and in no case shall exceed 20 square
feet in area.
(4)
Any sign specifically permitted in § 250-500, Conditional
uses, will take precedent over this section.
H.
Signs permitted in TP Town Professional.
(2)
Nonilluminated direction signs.
(3)
One facade sign is permitted to be placed or inscribed upon the facade
of the building for each use or activity that takes place there. Such
sign shall not exceed an area of 1/4 square foot for each one foot
in width of the front of the building or portion thereof devoted to
such use or activity and in no case shall exceed 20 square feet in
area. Where a business faces two highways, as determined by the Board
Engineer, utilizing appropriate highway designations, a second facade
sign of up to 1/2 of the size of the first facade sign is permitted.
Such sign shall meet the same requirement as all permitted building
signs.
(4)
One freestanding sign is permitted. Such sign is not to exceed an
area of 16 square feet and five feet in height; setback: 10 feet.
(5)
Temporary signs for the promotion of a public function or charitable
fund-raising event that meets all of the following conditions:
(a)
Prior to the installation of any such sign, the applicant shall
file an application for a zoning permit which shall include a sketch
of the sign, dimensions of the sign, its location and the dates proposed
for its exhibition.
(b)
Shall not be erected more than 21 days prior to the first day
of the event and shall be removed not more than three days after the
last day the event has taken place.
(c)
Such signs shall not exceed six feet in height and 32 square
feet in area if on event property, and shall not exceed 16 square
feet if off site.
(d)
The event must be held in Middle Township and must benefit a
public agency or legally established nonprofit.
(e)
The sign must not be located in a public right-of-way.
(f)
Only one sign per property is permitted.
(g)
Shall not be located within a residential zone.
(h)
The sign shall not be illuminated, and the materials, design
and lettering must exhibit a professional appearance.
I.
Signs Permitted in the B Business, HV Hildrith Village, TB Town Business,
and VC Village Commercial Zoning Districts.
(2)
Nonilluminated directional signs.
(3)
One sign attached to the main building. Such sign shall not exceed
an area of one square foot for each one foot in width of the front
of the building or portion thereof devoted to such use or activity
and in no case shall exceed 50 square feet in area. Such sign shall
have a vertical dimension no greater than five feet. Where a business
faces two major highways, as determined by the Board Engineer, utilizing
appropriate highway designations, a second facade sign of up to 1/2
of the size of the first facade sign is permitted. Such sign shall
meet the same requirement as all permitted building signs.
(4)
One freestanding sign which shall not exceed two square feet in area
for each ten-foot interval of street frontage of the lot on which
the sign is to be located. Such signs shall not exceed 20 feet in
height and shall contain a maximum of 40 square feet of area with
the exception of specific types of business as set forth in this section.
The setback of sign edge from right-of-way/property line shall be
a minimum of 10 feet.
(5)
Temporary signs for the promotion of a public function or charitable
fund-raising event that meets all of the following conditions:
(a)
Prior to the installation of any such sign, the applicant shall
file an application for a zoning permit which shall include a sketch
of the sign, dimensions of the sign, its location and the dates proposed
for its exhibition.
(b)
Shall not be erected more than 21 days prior to the first day
of the event and shall be removed not more than three days after the
last day the event has taken place.
(c)
Such signs shall not exceed six feet in height and 32 square
feet in area if on event property, and shall not exceed 16 square
feet if off site.
(d)
The event must be held in Middle Township and must benefit a
public agency or legally established nonprofit.
(e)
The sign must not be located in a public right-of-way.
(f)
Only one sign per property is permitted.
(g)
Shall not be located within a residential zone.
(h)
The sign shall not be illuminated, and the materials, design
and lettering must exhibit a professional appearance.
J.
Signs permitted in the TC Town Center Zone.
(1)
Wall signs.
(a)
Each business shall be permitted one wall sign of two square
feet of sign area for each linear foot of building width, but shall
not exceed 150 square feet.
(b)
Where a business faces two major highways, as determined by
the Board Engineer, utilizing appropriate highway designations, a
second facade sign of up to 1/2 of the size of the first facade sign
is permitted. Such sign shall meet the same requirement as all permitted
building signs.
(2)
Freestanding sign. Each property shall be permitted one freestanding
sign calling attention to the shopping center and/or the business(es)
located therein. The area of the freestanding sign shall be based
on total square footage as stated below:
|
Minimum Retail Square Footage
(square feet)
|
Permitted Sign Area
(square feet)
|
Setback of Sign Edge From
Right-of-Way/Property Line
(feet)
|
|---|---|---|
|
0 to 5,000
|
2 per 10 linear foot of width of building,
not to exceed 40 square feet
|
10
|
|
5,001 to 10,000
|
40
|
10
|
|
10,001 to 20,000
|
60
|
15
|
|
20,001 to 50,000
|
100
|
20
|
|
50,001 to 100,000
|
250
|
25
|
|
100,001 and over
|
400
|
30
|
(3)
Temporary signs for the promotion of a public function or charitable
fund-raising event that meets all of the following conditions:
(a)
Prior to the installation of any such sign, the applicant shall
file an application for a zoning permit which shall include a sketch
of the sign, dimensions of the sign, its location and the dates proposed
for its exhibition.
(b)
Shall not be erected more than 21 days prior to the first day
of the event and shall be removed not more than three days after the
last day the event has taken place.
(c)
Such signs shall not exceed six feet in height and 32 square
feet in area if on event property, and shall not exceed 16 square
feet if off site.
(d)
The event must be held in Middle Township and must benefit a
public agency or legally established nonprofit.
(e)
The sign must not be located in a public right-of-way.
(f)
Only one sign per property is permitted.
(g)
Shall not be located within a residential zone.
(h)
The sign shall not be illuminated, and the materials, design
and lettering must exhibit a professional appearance.
K.
Farm markets. Farm markets shall be permitted to have one temporary
sign with interchangeable lettering. The square footage of the sign
shall be limited to 32 square feet.
|
Zones
|
Facade/Wall Sign Area
|
Freestanding Sign Area
|
Setback
(feet)
|
|---|---|---|---|
|
TP
|
1/4 square foot for each 1 foot maximum building width, 20 square
feet maximum
|
16 square feet;
5 feet high maximum
|
10
|
|
B, HV, TB, VC
|
1 square foot for each 1 foot maximum building width, 50 square
feet maximum
|
2 square feet for each 10 feet street frontage;
20 feet high maximum
40 feet maximum areas
|
10
|
|
TC
|
2 square feet for each 1 foot of building width,
150 square feet maximum
|
See chart above
|
A.
Design standards. All fences constructed in the Township
of Middle shall adhere to the following standards in location and
size. Fences may be used to screen objectionable views, prevent access
to areas of danger, provide security, separate uses, and define spaces.
[Amended 10-5-1995 by Ord. No. 942-95]
B.
Fence requirements. Fences shall be required for
the specific areas listed below:
[Amended 10-5-1995 by Ord. No. 942-95]
(1)
A six-foot-high chain link fence may be required around
the perimeter of all detention and retention basins where there is
likely to be two feet or more of standing water. Such fence shall
contain at a minimum one entrance gate eight feet in width to provide
access for maintenance vehicles. Such fence must be located so as
to provide a minimum six-foot-wide level area around the rim of the
basin.
(2)
A six-foot-high solid wood fence shall be used around
all commercial trash containers with a gate in width and location
so as to allow easy access and emptying of same.
(3)
A four-foot-high fence shall be required around all
pools with a depth of 24 inches or greater.
C.
Construction standards.
(1)
All fences must be erected within the property lines
and may not encroach upon any public right-of-way.
(2)
All supporting members of a fence are to be located
on the inside of the fence, and all razor wire, cloth and canvas fences
are prohibited. Permitted materials include wood, chain link, wrought
iron, stone, aluminum and steel.
(3)
Fences which are to be painted shall be painted in
one color only, harmonious with the surrounding area.
(4)
No fence shall impede the flow of natural drainage
or cause surface water to be blocked or dammed.
(5)
Before any fence is to be constructed, a building
permit must be obtained. The request for a permit must be accompanied
by a plan which shows height, location, type and design of the proposed
fence. In addition, the plan must illustrate the proposed fence's
relation to all buildings, structures, lot lines, rights-of-way and
yards utilizing a survey of the property or a tax map.
D.
Fence height restrictions. Fences erected in the Township
of Middle shall not exceed six feet in height above ground level except
as follows:
(1)
Any fences located in a front yard or within 50 feet
of a river, stream or other natural body of water shall not exceed
a height of four feet.
(2)
Any fences located in the rear or side yard of any
CB, RGB, RI, CD or H/M/M Zones may be a maximum of eight feet in height.
[Amended 5-21-2001 by Ord. No. 1082-2001]
(3)
Any fences located on park, recreation or school properties
may be a maximum of eight feet in height, provided that the same is
located in the side and/or rear yards.
A.
Design standards. All solid waste from uses other
than single- or two-family homes, if stored outdoors, shall be placed
in metal containers and provided a screened refuse area.
(1)
The trash enclosure shall not be located within any
front yard area or so as to interfere with traffic circulation or
the parking of vehicles.
(2)
All trash enclosures are to be provided with adequate landscape buffering (see § 218-81 for details) and separated from any adjacent access drive or parking area by a depressed curb.
(3)
The refuse storage area shall be suitably located
and arranged for access and ease of collection and shall not be part
of, restrict or occupy any parking aisle and shall not be located
further than 300 feet from the entrance to any unit which it is intended
to serve.
(4)
The following storage volumes will be required for
the storage of trash and recyclable materials.
(a)
Retail trade (department stores, shopping centers,
drugstores and other retail stores): one cubic yard per 2,500 square
feet per day. About 75% of this space devoted to recycling.
(b)
Restaurants (various types of eateries): Varies
with number of meals served, type of food and should be established
on a case-by-case basis.
(c)
Offices: one cubic yard per 10,000 square feet
per day. About 70% of this space devoted to recycling.
B.
Construction standards.
(1)
The trash enclosure shall be enclosed on three sides by a solid uniform fence (see § 218-84) or wall not less than six feet in height. An opening in the enclosed refuse area should be provided with a solid gate six feet in height, which provides for adequate access and removal of the refuse container(s) while screening their view from adjoining properties and streets. All refuse is to be placed within the trash enclosure, and no other containers are to be placed anywhere else on the site.
(2)
If outdoor storage of refuse is not proposed, the
site plan submission shall detail the proposed methods for storage
within the structure. The Planning/Zoning Board may require that a
suitable area be set aside for future refuse storage.
C.
Pickup. A business generating 200 pounds or more of
solid waste per week is required to have private solid waste removal
and to pay for same at its own expense.
[Added 7-18-2005 by Ord. No. 1197-05]
A.
Electric and gas line requirements.
(1)
All utility lines and necessary appurtenances, including
but not limited to electric transmission and electric and gas distribution,
communications, streetlighting and cable television, shall be installed
underground within casements or dedicated public rights-of-way.
(2)
The owner/applicant shall arrange with the serving
utility for the underground installation of the utilities' distribution
supply lines, in accordance with the prevailing standards and practices
of the utility or other company providing such services, and shall
submit to the Planning Board prior to final approval a written instrument
from each servicing utility which shall evidence full compliance with
such provisions; except, however, that lots in such subdivisions which
abut existing streets where overhead electric or telephone distribution
supply lines have heretofore been installed on any portion of the
street involved may be supplied with electric and telephone from those
overhead lines, but the service connections from the utilities' overhead
line shall be installed underground.
(3)
In the case of existing overhead utilities, should
a road widening or an extension of service or other such condition
occur as a result of the subdivision and necessitate the replacement
or relocation of such utilities, such relocation or replacement shall
be underground.
(4)
In any particular situation where the applicant can
clearly demonstrate that, because of unusual topographic conditions
or other unusual conditions having to do with the land, installation
of such utilities underground is impracticable or otherwise not feasible
due to such conditions, then the Planning Board may waive this requirement
for underground installation.
B.
Water supply requirements. The water distribution
system for all developments, including major and minor subdivisions,
site plans and development of individual residential lots, shall be
in accordance with this section.
(1)
Water mains shall be connected to an approved system
and shall be installed by or in accordance with specifications of
the water company which supplies the Township of Middle.
(2)
The size and location of the water mains shall be
shown on the plans.
(3)
Water systems shall be constructed with ductile iron
pipe or other Township-approved material.
(4)
Location of hydrants shall be shown on the plans,
and approval of the same shall be obtained by the Fire Department
and utility authority. Installation of hydrants shall be in accordance
with such authority and shall be subject to their inspection and approval.
C.
Sanitary sewers. The sanitary sewerage system for
all development plans, including major and minor subdivisions, site
plans and development of individual residential units, shall be in
accordance with this section. Where the public sanitary sewer system
is reasonably accessible, each lot within the subdivision area shall
be provided with sewage disposal facilities by the required extension
of sewer mains and connections thereto. The cost thereof shall be
borne by the subdivider. All such installations of sewer mains and
connections thereto shall be subject to the inspection and approval
of the utility authority. Where a public sanitary sewer system is
not reasonably accessible, the subdivider shall install individual
sewage disposal systems for each lot at the time improvements are
erected thereon. All such individual sewage disposal systems shall
be constructed in accordance with the Board of Health of the county.
The following provisions are intended to give
handicapped individuals safe and convenient access to public goods
and services in the Township of Middle and to ensure that all areas
open to the public will be designed and constructed with the necessary
features in place.
A.
Sidewalks. All sidewalks shall be sloped and the curbs
depressed at all intersections, crosswalks and other pedestrian access
points. Said ramps shall not exceed 8.33% at these access points and
shall be a minimum of four feet wide.
B.
Parking spaces.
(1)
Parking spaces for the physically handicapped should
be located to provide convenient access to building entrances by way
of depressed curbs and ramps in accordance with state regulations.
Parking spaces for the physically handicapped shall be a minimum of
12 feet in width, and the number of spaces to be provided shall be
determined by the following table:
|
Total
Parking Spaces
|
Minimum Number
of Spaces Provided
for Physically Handicapped
| |
|---|---|---|
|
Up to 25
|
1
| |
|
26 to 50
|
2
| |
|
51 to 75
|
3
| |
|
76 to 100
|
4
| |
|
Over 100
|
1 for each 25 over 100
|
(2)
All handicapped parking areas shall be suitably marked
with signage and striping indicating such.
A.
Each dwelling unit and combined complex of dwelling
units shall have a compatible architectural theme that is consistent
within each cluster. The design shall take into consideration the
relationship of buildings to the site and to other structures, as
well as orientation to the sun so that solar energy may be utilized.
Dwelling unit design may be varied by differences in unit width and
setback.
B.
All parking facilities shall be on the same site as
the building and located within 150 feet of the nearest entrance of
the building they are intended to serve. Parking spaces shall be provided
in areas designed specifically for parking, and there shall be no
designated parking spaces along interior streets. The total area devoted
to parking shall not exceed 20% of the tract, and the total aggregate
area devoted to both parking and interior streets shall not exceed
30% of the tract.
C.
Building configurations.
(1)
Buildings may consist of any configuration that meets
the prescribed area and yard requirements and does not exceed the
following overall or component building lengths. Building coverage
shall not exceed 20% of the tract area.
(2)
Buildings measured along the center line shall provide
one opening at ground level at least every 250 feet. This opening
shall be a minimum of 15 feet in clear width and height and be at
an elevation enabling emergency vehicle access through the opening.
D.
All streets, both internal and external (including
grading and paving), driveways, parking areas, sidewalks, curbs, gutters,
streetlighting, shade trees, water mains, water systems, culverts,
storm sewers, sanitary sewers, pumping stations, drainage structures
and such other improvements as may be found to be necessary for the
health, safety and welfare of the public and in the public interest,
including recreational facilities, shall be installed at the expense
of the developer and shall be completed to the satisfaction of the
Township Engineer before a certificate of occupancy may be issued.
In lieu of total completion of landscaping improvements only, an adequate
performance guaranty posted in accordance with the provisions of this
chapter may be accepted for a period of no more than one year, during
which such landscaping improvements shall be completed or the guaranty
will be forfeited.
[Added 10-5-1995 by Ord. No. 942-95]
No building structure or premises may be used,
altered, or occupied in a manner as to create any dangerous, injurious,
noxious or otherwise objectionable fire, explosive, radioactive or
other hazard; noise or vibration; smoke, dust, odor, or other form
of air pollution; electrical or other disturbance; glare; liquid or
solid refuse or wastes; conditions conducive to the breeding of rodents
or insects; or other substance, condition or element, in any manner
or amount as to adversely affect the surrounding area.
A.
Fire and explosive hazards.
(1)
All activities and all storage of flammable
and explosive material at any location shall be provided with adequate
safety devices against the hazards of fire and explosion. Adequate
fire fighting and fire suppression equipment and devices as specified
by state or Township codes or by the fire inspector of the Township
of Middle shall be provided. All buildings, structures and activities
within such buildings shall conform to all applicable fire regulations.
(2)
All uses shall conform to the following procedures
regarding storage and waste disposal:
(a)
No highly flammable or explosive liquids, solids,
or gases may be stored in bulk above ground, except tanks or drums
of fuel directly connecting with energy devices or other appliances,
located and operated on the same lot as the tanks or drums of fuel.
(b)
All outdoor storage facilities for fuel, raw
material, and products; and all fuel, raw materials and products stored
outdoors shall be enclosed by an approved safety fence.
(c)
No materials or wastes may be deposited upon
any lot in such form or manner that they may be transferred off the
lot by natural causes or forces, nor shall any substance which can
contaminate a stream or watercourse and render it undesirable as a
source of water supply or recreation, or which will destroy aquatic
life, be allowed to be deposited on any lot.
(d)
All materials or wastes which might cause fumes
or dust or which constitute a fire hazard or which may be edible or
otherwise attractive to rodents or insects may be stored outdoors
only if enclosed in containers which are adequate to eliminate such
hazards.
B.
Radioactive or electrical disturbances. There may
be no activities which emit radioactivity at any point. There shall
be no electrical disturbances adversely affecting the operation at
any point of any equipment other than the creator of the disturbance.
C.
Smoke. There may be no emission at any point from
chimney or otherwise for longer than five minutes in any hour of visible
gray or visible smoke of any other color with shade darker than No.
3 of the standard Ringleman Chart as issued by the United States Bureau
of Mines.
D.
Smoke, ash, dust, fumes, vapor, gases, and other forms
of air pollution. There may be no emission at any point, from any
chimney or otherwise, which can cause damage to health, to animals,
vegetation, the environment, or other property; or which cause any
excessive soiling at any point. Any use which produces or results
in emissions of any type shall conform to all applicable state and
federal pollution control standards.
E.
Liquid and solid wastes. There shall be no discharge
at any point, into any sewerage system, or stream or into the ground
of any materials in such a way or of such nature or temperature as
can contaminate or otherwise cause the emission of hazardous material,
except in accord with the standards of the New Jersey Department of
Environmental Protection.
F.
Noise. No use may create unreasonable noise audible
to uses adjacent to or in the surrounding areas. Unreasonable noise
shall mean that which is of a regular, daily, and constant nature,
and either disturbs the sleeping hours of residents and guests or
hampers the business or routine activities and uses in the adjacent
and surrounding areas.
G.
Vibration. No use may produce unreasonable vibrations
to adjacent structures. Unreasonable vibrations are those that cause
structures to shake, articles to fall from tables and walls, and windows
or wall material to break or crack.
H.
Glare. No direct or sky reflected glare, whether from
floodlights or from high temperature process, may be visible from
adjoining public streets or adjacent lots when viewed by a person
standing on ground level. Unreasonable glare would be that which produces
a strong dazzling light or reflection of such a light beyond its lot
lines.
I.
Odor. There may be no emission of odorous gases or
other odorous matter in such quantities as to be offensive on adjoining
streets or adjacent lots.
J.
Heat. No use may produce heat perceptible beyond its
lot lines.
K.
Refined or unrefined petroleum products.
(1)
The following uses as specifically prohibited:
(a)
The storage of crude oil, unrefined or refined
petroleum hydrocarbon products, and byproducts and/or derivatives.
(b)
The installation and/or operation of any pipeline
designed to carry crude oil, refined or unrefined petroleum hydrocarbon
products, by-products and/or other derivatives.
(c)
The construction, maintenance and/or operation
of any refinery or other facility to process crude oil, refined or
unrefined petroleum hydrocarbon products, by-products and/or derivatives
including unprocessed or unrefined natural gas.
(d)
The loading, off loading, pumping or any other
form of transfer of crude oil, refined or unrefined petroleum hydrocarbon
products, by-products and/or derivatives, including unprocessed or
unrefined natural gas to or from any boat, ship, tanker, barge or
other floating means of conveyance, dock, terminal, pipe, tank, vehicle,
or any other facility or equipment.
Developers shall be required, as a condition
for approval of a subdivision or site plan, to pay their pro rata
share of the cost of providing reasonable and necessary street improvements
and water, sewerage and drainage facilities and easements located
outside the property limits of the subdivision but necessitated or
required by construction or improvements within the subdivision. The
following criteria shall be utilized in determining a developer's
proportionate or pro rata share of necessary off-tract improvements.
In cases where the reasonable and necessary
need for an off-tract improvement or improvements is necessitated
or required by the proposed development application where no other
property owners receive a special benefit thereby, the applicant may
be required, as a condition of approval, at the applicant's sole expense,
to provide for and construct such improvements as if such were an
on-tract improvement in the manner provided hereafter and otherwise
provided by law.
A.
Action by Township.
(1)
In cases where the need for any off-tract improvement
is created by the proposed subdivision or site plan and where the
Planning Board determines that properties outside the subdivision
or tract will also be benefited by the improvement, the Planning Board
shall forthwith forward to the municipal governing body a list and
description of all such improvements, together with its request that
the governing body determine and advise the Board of the procedure
to be followed in the construction or installation thereof. The Planning
Board shall withhold action upon the subdivision or site plan until
receipt of the governing body's determination or until the expiration
of 60 days after the forwarding of such list and the description to
the governing body without such determination having been made, whichever
occurs sooner.
(2)
The governing body, within 60 days after receipt of
said list and description, shall determine and advise the Planning
Board whether:
(a)
The improvement or improvements are to be constructed
or installed by the municipality:
[1]
As a general improvement, the cost of which
is to be borne at general expense (except as hereinafter otherwise
provided as to a contribution thereto by the subdivider or developer);
or
[2]
As a local improvement, all or part of the cost of which is to be specially assessed against properties benefited thereby in proportion to benefits conferred by the improvements in accordance with Chapter 56 of Title 40 of the New Jersey Revised Statutes (except as hereinafter otherwise provided as to a contribution thereto by the subdivider or developer).
(b)
The improvement or improvements are to be constructed
or installed by the subdivider or developer under a formula for partial
reimbursement as hereinafter set forth.
(3)
If the governing body shall determine that the improvement or improvements shall be constructed or installed under Subsection A(2)(a) above, the Planning Board shall estimate, with the aid of the Municipal Engineer or such other persons as have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the subdivision or tract, will be specially benefited thereby, and the subdivider or developer shall be liable to the municipality for such excess. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements in a manner consistent with the obligation of the subdivider or developer for any excess of total cost over total benefits conferred, as set forth above.
(4)
If the governing body shall determine that the improvement or improvements shall be constructed or installed under Subsection A(2)(b) above, the Planning Board shall, as provided in Subsection B of this section, estimate the difference between the total costs to be incurred and the total amount by which all properties to be benefited thereby, including the subdivision property or tract, will be specially benefited by the improvement, and the subdivider or developer shall be liable to the municipality therefor, as well as for the amount of any special assessments against the subdivision property or tract for benefits conferred by the improvement or improvements. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements and the assessment of benefits arising therefor in a manner consistent with the obligation of the subdivider or developer with respect thereto, and proceedings under said ordinance shall be in accordance with Chapter 56 of Title 40 of the New Jersey Revised Statutes, except to the extent modified by the obligation of the subdivider or developer for any excess of total costs over total benefits conferred, as set forth above.
(5)
If the governing body shall determine that the improvement or improvements are to be constructed or installed by the subdivider or developer under Subsection A(2)(b) above, the Planning Board shall in like manner estimate the amount of such excess, and the subdivider or developer shall be liable to the municipality therefor, as well as for the amount of any special assessments against the subdivision property or tract for benefits conferred by the improvement or improvements. However, the subdivider or developer shall be entitled to be reimbursed by the municipality for the amount of any special assessments against property other than the subdivision property or tract for benefits conferred by the improvement or improvements, and proceedings under said ordinance shall be in accordance with Chapter 56 of Title 40 of the New Jersey Revised Statutes. However, any such assessment against the subdivision property or tract shall be marked "paid and satisfied" in consideration of the construction or installation of the improvement or improvements by the subdivider or developer.
(6)
If the governing body shall not adopt such an ordinance
or resolution within said time, the final subdivision layout or site
plan shall be designed accordingly, and the Planning Board shall thereupon
grant or deny final approval.
B.
In cases where the need for any off-tract improvement
is necessitated by the proposed development application and where
it is determined that properties outside the development will also
be benefited by the improvement, the following criteria shall be utilized
in determining the developer's proportionate share of such improvements:
(1)
Sanitary sewers. For distribution facilities, including
the installation, relocation or replacement of collector, trunk and
interceptor sewers and the installation, relocation or replacement
of other appurtenances associated therewith, the applicant's proportionate
share shall be computed as follows:
(a)
The capacity and the design of the sanitary
sewer system shall be based on Rules and Regulations for the Preparation
and Submission of Plans for Sewerage Systems, NJDEP.
(b)
Developer's pro rata share.
[1]
The capacity of the existing system to service
the entire improved drainage area shall be computed. If the system
is able to carry the total developed drainage basin, no improvement
or enlargement cost will be assigned to the developer. If the existing
system does not have adequate capacity for the total developed drainage
basin, the prorated enlargement or improvement share shall be computed
as follows:
|
Total enlargement
or improvement cost
_______________
Developer's cost
|
=
|
Total tributary gpd
_______________
Development gpd
|
[2]
If it is necessary to construct a new system
in order to develop the subdivision, the prorated enlargement share
to the developer shall be computed as follows:
|
Total project cost
___________
|
=
|
Total tributary gpd
_________________
to new system
|
[3]
The plans for the improved system or extended
system shall be prepared by the developer's engineer. All work shall
be calculated by the developer and approved by the Township Engineer.
(2)
Roadways. For street widening, alignment, channelization
of intersections, construction of barriers, new or improved traffic
signalization, signs, curbs, sidewalks, trees, utility improvement
uncovered elsewhere, the construction or reconstruction of new or
existing streets and other associated streets or traffic improvements,
the applicant's proportionate cost shall be determined as follows:
(a)
The Township Engineer shall provide the applicant's
engineer with the existing and anticipated peak hour flows for the
off-tract improvement.
(b)
The applicant shall furnish a plan for the proposed
off-tract improvement, which shall include the estimated peak hour
traffic generated by the proposed development. The ratio of the peak
hour traffic generated by the proposed development to the future peak
hour traffic shall form the basis of the proportionate share. The
prorated share shall be computed as follows:
|
Total cost of the roadway improvement and/or
extension
___________________
Developer's cost
|
=
|
Future peak hour traffic
___________________
Future peak hour traffic generated by the development
|
(3)
Drainage improvements. For stormwater and drainage
improvements, including the installation, relocation or replacement
of storm drains, culverts, catch basins, manholes, riprap or improved
drainage ditches and appurtenances thereto and the relocation of replacement
of other storm drainage facilities or appurtenances associated therewith,
the applicant's proportionate share shall be determined as follows:
(a)
The capacity and the design of the drainage
system to accommodate stormwater runoff shall be based on a method
described in Urban Hydrology for Small Watershed Technical Release
55, Soil Conservation Service USDA, January 1975, as amended, and
shall be computed by the developer's engineer and approved by the
Township Engineer.
(b)
The capacity of the enlarged, extended or improved
system required for the subdivision and areas outside of the developer's
tributary to the drainage system shall be determined by the developer's
engineer, subject to approval of the Township Engineer. The plans
for the improved system shall be prepared by the developer's engineer
and the estimated cost of the enlarged system calculated by the Township
Engineer. The prorated share for the proposed improvement shall be
computed as follows:
|
Total cost of enlarge-
ment or improvement
______________
Developer's cost
|
=
|
Capacity of enlargement
or improvement
______________
Development-generated
peak rate of runoff expressed in cubic
feet per second to
be accommodated by
the enlargement or improvement
|
Where the proposed off-tract improvement is
to be undertaken at some future date, the moneys required for the
improvement shall be deposited to the credit of the Township in a
separate account until such time as the improvement is constructed.
If the off-tract improvement is not begun within 10 years of deposit,
all moneys and interest shall be returned to the applicant.
In any case in which an applicant shall not
provide the approving authority with the estimates of a traffic consultant
and/or consulting engineer with regard to estimated improvement costs
and all other information necessary to proportion costs, the approving
authority may rely on the estimates of the Township Engineer.
