Township of Middle, NJ
Cape May County
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Table of Contents
Table of Contents
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.
(2) 
An Environmental Assessment Report is not required for:
(a) 
Agricultural operations conducted in accordance with a plan approved by the Soil Conservation District.
(b) 
Silviculture operations conducted in accordance with a plan prepared by a professional forester.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
NO SIGNIFICANT ADVERSE IMPACT
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.
(2) 
Discuss the proposed project and how it relates to:
(a) 
The Middle Township Master Plan.
(b) 
The Middle Township Zoning Ordinance and Subdivision and Land and Site Plan Review.
(c) 
The Cape May County Comprehensive Plan.
(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.
(c) 
The following databases shall be used to determine endangered or threatened species on site:
[1] 
The U.S. Fish and Wildlife Service database.
[2] 
NJDEP Natural Heritage Program Priority Sites files.
[3] 
NJDEP Fish Game & Wildlife Endangered and Nongame Species Program.
(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.
(15) 
Noise. Discuss any noise impacts from the project and whether they will be in compliance with the Township Noise Ordinance,[1] including a discussion about noise impacts during construction.
[1]
Editor's Note: See Ch. 179, Noise.
(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) 
Definitions. For the purposes of this subsection, the following definitions shall apply:
SHRUB
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.
SPECIMEN TREES
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.
TREE
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:
[1] 
The party responsible for the maintenance.
[2] 
Type and frequency of maintenance for each type of structure proposed.
[3] 
Maintenance costs.
[4] 
Lifetime of stormwater facility.
[5] 
Long-term maintenance.
[Added 2-5-2007 by Ord. No. 1247]
A. 
Scope and purpose.
(1) 
Policy Statement. Flood control, groundwater recharge, and pollutant reduction through nonstructural or low-impact techniques shall be explored before relying on structural best management practices (BMPs). Structural BMPs should be integrated with nonstructural stormwater management strategies and proper maintenance plans. Nonstructural strategies include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater. Source control plans 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. It is the purpose of this section to establish minimum stormwater management requirements and controls for major development, as defined in Subsection B.
(3) 
Applicability.
(a) 
This section shall be applicable to all site plans and subdivisions for the following major developments that require preliminary or final site plan or subdivision review:
[1] 
Nonresidential major developments; and
[2] 
Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21.
(b) 
All aspects of this section shall be used in conjunction with the standards outlined in N.J.A.C. 5:21 (Residential Site Improvement Standards).
(4) 
Compatibility with other permit and ordinance requirements. Development approvals issued for subdivisions and site plans pursuant to this section are to be considered an integral part of development approvals under the subdivision and site plan review process and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.
B. 
Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
CAFRA PLANNING MAP
The geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.
COMPACTION
The increase in soil bulk density.
CORE
A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY
An agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
(1) 
A county planning agency; or
(2) 
A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT
The New Jersey Department of Environmental Protection.
DESIGNATED CENTER
A State Development and Redevelopment Plan Center as designated by the State Planning Commission, such as urban, regional, town, village, or hamlet.
DESIGN ENGINEER
A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, 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 lands, 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.
DRAINAGE AREA
A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
ENVIRONMENTALLY CRITICAL AREAS
An area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION
The process by which water seeps into the soil from precipitation.
MAJOR DEVELOPMENT
Any development that provides for ultimately disturbing one or more acres of land. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.
MUNICIPALITY
Any city, borough, town, township, or village.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERMEABLE MATERIAL
Any material that allows for the transfer of water from the surface to the hydrologic cycle.
PERSON
Any individual, corporation, company, partnership, firm, association, Township of Middle, or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
RECHARGE
The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
SEDIMENT
Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
SITE
The lot or lots upon which a major development is to occur or has occurred.
SOIL
All unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.
STATE PLAN POLICY MAP
The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BASIN
An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
TIDAL FLOOD HAZARD AREA
A flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.
URBAN ENTERPRISE ZONES
A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.
URBAN REDEVELOPMENT AREA
Previously developed portions of areas:
(1) 
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
(2) 
Designated as CAFRA Centers, Cores or Nodes;
(3) 
Designated as Urban Enterprise Zones; and
(4) 
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS or WETLAND
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
C. 
General standards. Design and performance standards for stormwater management measures.
(1) 
Stormwater management measures for major development shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards in Subsection D. To the maximum extent practicable, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.
(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.
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.
(3) 
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsections D(6) and (7).
(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) 
Any applicant may seek a waiver from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsections D(6) and (7) 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;
(b) 
The applicant demonstrates through an alternatives analysis that, through the use of nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of Subsections D(6) and (7) to the maximum extent practicable;
(c) 
The applicant demonstrates that, in order to meet the requirements of Subsections D(6) and (7), existing structures currently in use, such as homes and buildings, would need to be condemned; and
(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 Subsections D(6) and (7) that were not achievable on site.
(5) 
Nonstructural stormwater management strategies.
(a) 
To the maximum extent practicable, the standards in Subsection D(6) and (7) shall be met by incorporating nonstructural stormwater management strategies set forth at Subsection D(5) into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental or safety reasons to incorporate any nonstructural stormwater management measures identified in Subsection D(5)(b) below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.
(b) 
Nonstructural stormwater management strategies incorporated into site design shall:
[1] 
Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;
[2] 
Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces;
[3] 
Maximize the protection of natural drainage features and vegetation;
[4] 
Minimize the decrease in the time of concentration from preconstruction to postconstruction. "Time of concentration" is defined as the time it takes for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed;
[5] 
Minimize land disturbance including clearing and grading;
[6] 
Minimize soil compaction;
[7] 
Provide maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of fertilizers and pesticides;
[8] 
Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas;
[9] 
Provide other source controls to prevent or minimize the use or exposure of pollutants at the site, in order to prevent or minimize the release of those pollutants into stormwater runoff. Such source controls include, but are not limited to:
[a] 
Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy Subsection D(5)(c) below;
[b] 
Site design features that help to prevent discharge of trash and debris from drainage systems;
[c] 
Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and
[d] 
When establishing vegetation after land disturbance, applying fertilizer in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.
(c) 
Site design features identified under Subsection D(5)(b)[9][b] above 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 D(5)(c)[3] below.
[1] 
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
[a] 
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
[b] 
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inches across the smallest dimension. Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
[2] 
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.
[3] 
This standard does not apply:
[a] 
Where the review agency determines that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
[b] 
Where flows from the water quality design storm as specified in Subsection D(7)(a) are conveyed through any device (e.g., end-of-pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
[i] 
A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
[ii] 
A bar screen having a bar spacing of 0.5 inches.
[c] 
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 Subsection D(7)(a); or
[d] 
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.
(d) 
Any land area used as a nonstructural stormwater management measure to meet the performance standards in Subsections D(6) and (7) shall be subjected to a conservation easement filed with the appropriate County Clerk's office, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the reviewing agency is maintained in perpetuity.
(e) 
Guidance for nonstructural stormwater management strategies is available in the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in Subsection G or found on the Department's Web site at www.njstormwater.org.
(6) 
Erosion control, groundwater recharge and runoff quantity standards.
(a) 
This subsection contains minimum design and performance standards to control erosion, encourage and control infiltration and groundwater recharge, and control stormwater runoff quantity impacts of major development.
[1] 
The minimum design and performance standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.
[2] 
The minimum design and performance standards for groundwater recharge are as follows:
[a] 
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:
[i] 
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
[ii] 
Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from preconstruction to postconstruction for the two-year storm is infiltrated.
[b] 
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection D(5)(a)[2][c] below.
[c] 
The following types of stormwater shall not be recharged:
[i] 
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
[ii] 
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.
[d] 
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 and other subsurface structures in the vicinity or downgradient of the groundwater recharge area.
[3] 
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:
[a] 
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, postconstruction runoff hydrographs for the two-, ten-, and one-hundred-year storm events do not exceed, at any point in time, the preconstruction runoff hydrographs for the same storm events;
[b] 
Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the preconstruction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten-, and one-hundred-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site;
[c] 
Design stormwater management measures so that the postconstruction peak runoff rates for the two-, ten-, and one-hundred-year storm events are 50%, 75% and 80%, respectively, of the preconstruction peak runoff rates. The percentages apply only to the postconstruction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed. The percentages shall not be applied to postconstruction stormwater runoff into tidal flood hazard areas if the increased volume of stormwater runoff will not increase flood damages below the point of discharge; or
[d] 
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection D(6)(a)[3][a], [b] and [c] above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.
(b) 
Any application for a new agricultural development that meets the definition of major development at Subsection B shall be submitted to the appropriate soil conservation district for review and approval in accordance with the requirements of this section and any applicable soil conservation district guidelines for stormwater runoff quantity and erosion control. For the purposes of this section, "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 manufacturing of agriculturally related products.
(7) 
Stormwater runoff quality standards.
(a) 
Stormwater management measures shall be designed to reduce the postconstruction load of total suspended solids (TSS) in stormwater runoff by 80% of the anticipated load from the developed site, expressed as an annual average. Stormwater management measures shall only be required for water quality control if an additional 1/4 acre of impervious surface is being proposed on a development site. 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 Pollution Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. 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 1. The calculation of the volume of runoff may take into account the implementation of nonstructural and structural stormwater management measures.
Table I
Water Quality Design Storm Distribution
Time
(minutes)
Cumulative Rainfall
(inches)
Time
(minutes)
Cumulative Rainfall
(inches)
0
0.0000
65
0.8917
5
0.0083
70
0.9917
10
0.0166
75
1.0500
15
0.0250
80
1.0840
20
0.0500
85
1.1170
25
0.0750
90
1.1500
30
0.1000
95
1.1750
35
0.1330
100
1.2000
40
0.1660
105
1.2250
45
0.2000
110
1.2334
50
0.2583
115
1.2417
55
0.3583
120
1.2500
60
0.6250
(b) 
For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in Subsection G, or found on the Department's Web site at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in Subsection G. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be submitted by the design engineer directly to the Department at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, PO Box 418, Trenton, New Jersey, 08625-0418.
(c) 
If more than one BMP in series is necessary to achieve the required eighty-percent TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:
R = A + B - (AXB)/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
Table 2
TSS Removal Rates for BMPs
Best Management Practice
TSS Percent Removal Rate
Bioretention systems
90
Constructed stormwater wetland
90
Extended detention basin
40 to 60
Infiltration structure
80
Manufactured treatment device
See Subsection F(3)
Sand filter
80
Vegetative filter strip
60 to 80
Wet pond
50 to 90
(d) 
If there is more than one onsite drainage area, the eighty-percent TSS removal rate shall apply to each drainage area, unless the runoff from the subareas converge on site, in which case the removal rate can be demonstrated through a calculation using a weighted average.
(e) 
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the postconstruction 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 nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in Subsections D(6) and (7).
(f) 
Additional information and examples are contained in the New Jersey Stormwater Best Management Practices Manual, which may be obtained from the address identified in Subsection G.
(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) 
Special water resource protection areas shall be established along all waters designated Category One at N.J.A.C. 7:9B, and perennial or intermittent streams that drain into or upstream of the Category One waters as shown on the USGS Quadrangle Maps or in the county soil surveys, within the associated HUC14 drainage area. These areas shall be established for the protection of water quality, aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, and exceptional fisheries significance of those established Category One waters. These areas shall be designated and protected as follows:
[1] 
The applicant shall preserve and maintain a special water resource protection area in accordance with one of the following:
[a] 
A three-hundred-foot special water resource protection area shall be provided on each side of the waterway, measured perpendicular to the waterway from the top of the bank outwards or from the center line of the waterway where the bank is not defined, consisting of existing vegetation or vegetation allowed to follow natural succession is provided.
[b] 
Encroachment within the designated special water resource protection area under Subsection D(7)(h)[1][a] above shall only be allowed where previous development or disturbance has occurred (for example, active agricultural use, parking area or maintained lawn area). The encroachment shall only be allowed where applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable. In no case shall the remaining special water resource protection area be reduced to less than 150 feet as measured perpendicular to the top-of-bank of the waterway or center line of the waterway where the bank is undefined. All encroachments proposed under this subparagraph shall be subject to review and approval by the Department.
[2] 
All stormwater shall be discharged outside of and flow through the special water resource protection area and shall comply with the standard for off-site stability in the Standards for Soil Erosion and Sediment Control in New Jersey, established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
[3] 
If stormwater discharged outside of and flowing through the special water resource protection area cannot comply with the standard for off-site stability in the Standards for Soil Erosion and Sediment Control in New Jersey, established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., then the stabilization measures in accordance with the requirements of the above standards may be placed within the special water resource protection area, provided that:
[a] 
Stabilization measures shall not be placed within 150 feet of the Category One waterway;
[b] 
Stormwater associated with discharges allowed by this section shall achieve a ninety-five-percent TSS postconstruction removal rate;
[c] 
Temperature shall be addressed to ensure no impact on the receiving waterway;
[d] 
The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable;
[e] 
A conceptual project design meeting shall be held with the appropriate Department staff and soil conservation district staff to identify necessary stabilization measures; and
[f] 
All encroachments proposed under this section shall be subject to review and approval by the Department.
[4] 
A stream corridor protection plan may be developed by a regional stormwater management planning committee as an element of a regional stormwater management plan, or by a municipality through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject Subsection D(7)(h) has been approved by the Department of Environmental Protection, then the provisions of the plan shall be the applicable special water resource protection area requirements for that waterway. A stream corridor protection plan for a waterway subject to Subsection D(7)(h) shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in Subsection D(7)(h)[1][a] above. In no case shall a stream corridor protection plan allow the reduction of the special water resource protection area to less than 150 feet as measured perpendicular to the waterway subject to this subsection.
[5] 
Subsection D(7)(h) does not apply to the construction of one individual single-family dwelling that is not part of a larger development on a lot receiving preliminary or final subdivision approval on or before February 2, 2004, provided that the construction begins on or before February 2, 2009.
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 one of the following methods:
[1] 
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook Section 4 - Hydrology and Technical Release 55 - Urban Hydrology for Small Watersheds; or
[2] 
The Rational Method for peak flow and the Modified Rational Method for hydrograph computations (for watersheds less than one acre).
(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 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.
(d) 
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 and other methods may be employed.
(e) 
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:
(a) 
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Ground-Water 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 http://www.state.nj.us/dep/njgs/; or at New Jersey Geological Survey, 29 Arctic Parkway, P.O. Box 427, Trenton, New Jersey 08625-0427; (609) 984-6587.
F. 
Standards for structural stormwater management measures.
(1) 
Standards for structural stormwater management measures are as follows:
(a) 
Structural stormwater management measures shall be designed to take into account the existing site conditions, including, for example, 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) 
Structural 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(4).
(c) 
Structural 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, 7.4, and 7.5 shall be deemed to meet this requirement.
(d) 
At the intake to the outlet from the stormwater management basin, the orifice size shall be a minimum of 2 1/2 inches in diameter.
(e) 
Stormwater management basins shall be designed to meet the minimum safety standards for stormwater management basins at Subsection H.
(2) 
Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized, provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, ground water recharge and water quality design and performance standards established by Subsection D of this section.
(3) 
Manufactured treatment devices may be used to meet the requirements of Subsection D of this section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department.
G. 
Sources for technical guidance.
(1) 
Technical guidance for stormwater management measures can be found in the documents listed at Subsection G(1)(a) and (b) below, which are available from Maps and Publications, New Jersey Department of Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey, 08625; telephone (609) 777-1038.
(a) 
Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended. Information is provided on stormwater management measures such as: bioretention systems, constructed stormwater wetlands, dry wells, extended detention basins, infiltration structures, manufactured treatment devices, pervious paving, sand filters, vegetative filter strips, and wet ponds.
(b) 
The New Jersey Department of Environmental Protection Stormwater Management Facilities Maintenance Manual, as amended.
(2) 
Additional technical guidance for stormwater management measures can be obtained from the following:
(a) 
The Standards for Soil Erosion and Sediment Control in New Jersey, promulgated by the State Soil Conservation Committee and incorporated into N.J.A.C. 2:90. Copies of these standards may be obtained by contacting the State Soil Conservation Committee or any of the soil conservation districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of each soil conservation district may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey 08625; (609) 292-5540;
(b) 
The Rutgers Cooperative Extension Service, (732) 932-9306; and
(c) 
The soil conservation districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of each soil conservation district may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey, 08625, (609) 292-5540.
H. 
Safety standards for stormwater management basins.
(1) 
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin.
(2) 
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 basin to ensure proper functioning of the basin 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 trash rack 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.
(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) 
For purposes of this paragraph, “escape provisions” means the permanent installation of ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. Stormwater management basins shall include escape provisions as follows:
[1] 
If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in 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 basins having a permanent pool of water deeper than 2 1/2 feet. Such safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Subsection H(4) for an illustration of safety ledges in a stormwater management basin.
[3] 
In new stormwater management basins, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.
(3) 
Variance or exemption from safety standards. A variance or exemption from the safety standards for stormwater management basins may be granted only upon a written finding by the appropriate reviewing agency (municipality, county or Department) that the variance or exemption will not constitute a threat to public safety.
(4) 
Illustration of safety ledges in a new stormwater management basin.
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 applicant's application for subdivision or site plan approval.
(b) 
The applicant shall demonstrate that the project meets the standards set forth in this section.
(c) 
The applicant shall submit three copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection I(3) of this section.
(2) 
Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the subdivision or site plan review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the engineer retained by the Planning and/or Zoning Board (as appropriate) 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) 
Checklist requirements. The following information shall be required:
(a) 
Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map, as appropriate, may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and 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 environs. 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 plan(s). 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 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 of proposed changes in natural conditions may also be provided.
(d) 
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsection C through F 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 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 postdevelopment conditions for the design storms specified in Subsection D of this section.
[2] 
When the proposed stormwater management control measures (e.g., infiltration basins) depends on the hydrologic properties of soils, 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. At a minimum one soil boring shall be provided for each infiltration basin with an additional boring for each 1/4 acre of basin area.
(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 Subsections I(3)(a) through I(3)(f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
J. 
Maintenance and repair.
(1) 
Applicability. Projects subject to review as in Subsection A(3) of this section shall comply with the requirements of Subsection J(2) and J(3).
(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). Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual. If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's agreement to assume this responsibility, or of the developer's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.
(c) 
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.
(d) 
If the person responsible for maintenance identified under Subsection J(2)(b) 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.
(e) 
Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including 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 nonvegetated linings.
(f) 
The person responsible for maintenance identified under Subsection J(2)(b) above shall 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.
(g) 
The person responsible for maintenance identified under Subsection J(2)(b) above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
(h) 
The person responsible for maintenance identified under Subsection J(2)(b) above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsections J(2)(f) and J(2)(g) above.
(i) 
The requirements of Subsection J(2)(c) and J(2)(d) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.
(j) 
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.
(3) 
Nothing in this section 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. 
Effective date. This section shall take effect immediately upon the approval by the county review agency, or 60 days from the receipt of the ordinance by the county review agency if the county review agency should fail to act.
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:
(a) 
Remove and replace the bituminous stabilized base course at the correct thickness.
(b) 
Apply an overlay of bituminous concrete suitable to correct a thickness deficiency.
(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.
(b) 
Handicapped parking spaces shall have, as a minimum, a rectangular area 12 feet wide and 18 feet in depth. (See § 218-87 for more requirements).
(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.
(22) 
Lots over 100 spaces.
(a) 
Exit drives in which direct access to stalls is prohibited shall extend a minimum distance of 60 feet from the curb to the first major access aisle.
(b) 
Wherever feasible, access drives located along one-way streets or divided highways shall be one-way drives.
(23) 
Loading area requirements. Each nonresidential activity shall provide for off-street loading and unloading in accordance with the following requirements:
(a) 
For each building, one space shall be provided for each 10,000 square feet of gross floor area or fraction thereof in excess of 3,000 square feet of building floor area.
(b) 
Each loading space shall be a minimum of 10 feet by 25 feet with a minimum vertical clearance of 14 feet.
(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:
(a) 
Asphalt parking area.
[1] 
Base: six-inch compacted gravel base (Mix I-5).
[2] 
Surface course: two inches of compacted Type FABC-1, (Mix I-5).
(b) 
Concrete parking area.
[1] 
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.
(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:
(a) 
Shoulders are required by CAFRA.
(b) 
Soil and/or topography make the use of shoulders and/or drainage swales preferable.
(c) 
It is in the best interests of the community to preserve its rural character by using shoulders and/or drainage swales instead of curbs.
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:
(a) 
Shrubs shall be a minimum of 1.5 feet in spread immediately after planting.
(b) 
Shrubs, when planted to form a screen, shall be planted so as to form a continuous, unbroken screen within two years after time of planting.
(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]
(a) 
When the parcel to be developed or its environs contain a predominance of non-native shrubs and tree species;
(b) 
For limited ornamental purposes around buildings and other structures; or
(c) 
When limited use of other shrubs or tree species is required for proper screening or buffering.
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.
(11) 
The following intensity in footcandles should be provided:
(a) 
Parking lots: an average of 1.5 footcandles throughout.
(b) 
Intersections: three footcandles.
(c) 
Maximum at property lines: 1.0 footcandle.
(d) 
In residential areas: an average of 0.6 footcandle.
(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.
(1) 
Temporary signs, unless permitted under Code §§ 210-1 et seq. and 218-83.
(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.
G. 
Signs permitted in residential zones.
(1) 
All signs permitted in § 218-83F of this chapter.
(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.
(1) 
All signs permitted in § 218-83G, Signs permitted in residential zones.
(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.
(1) 
All signs permitted in § 218-83F of this chapter.
(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.
(d) 
Educational facilities.
[1] 
Grades kindergarten through 8: one cubic yard per 10 rooms per day.
[2] 
Grades 9 through 12: one cubic yard per 10 rooms per day. In both cases, about 50% 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.
(a) 
Two hundred feet on one plane.
(b) 
Three hundred forty feet on any angle.
(c) 
Five hundred feet along the center line.
(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.
(2) 
Nothing in this section shall be construed to restrict the storage or movement of necessary oil products for the following use:
(a) 
Automobile service station.
(b) 
Retail fuel distribution centers for heating purposes.
(c) 
Direct supply of fuel to structures specifically permitted by this chapter.
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.