Township of Old Bridge, NJ Design Standards

General.

Streets, drives, parking and service areas shall provide safe and convenient access for users to buildings and structures and for service and emergency vehicles. Streets shall neither be so laid out as to encourage outside traffic to traverse the development on minor streets, nor occupy more land than is required to provide access, nor create unnecessary fragmentation of the development into smaller blocks. In general, block size shall be the maximum consistent with use and shape of the site and the convenience and safety of the occupants.

The proposed street system shall conform to the standards set forth in the Schedule of Required Street Dimensions contained in Appendix I[1] which is incorporated herein by reference and the proposals and conditions shown in the Master Plan.

Editor's Note: Appendix I, Schedule of Required Street Dimensions, is included at the end of this chapter.

Hierarchy. In any major subdivision it shall be the duty of the approving board to classify proposed streets according to their types. In making a determination as to the classification of a particular street, the board shall take into consideration the provisions of the Master Plan and the existing and proposed conditions within the subdivision.

Arterial roadways. This class of roadway is primarily intended to form an interconnected system serving lengthy trips and linking major traffic generators. The first and most important function of arterial roadways is to carry traffic and provision of access to adjoining property is relegated to a secondary function and is minimized. With traffic volumes exceeding 10,000 trips per day, noise levels will normally exceed 65 decibels and with truck traffic can increase to 80 decibels or more; any residential units should therefore be set back at least 100 feet. Arterial roadways shall be assigned to one of the following three subclasses based on the volume of traffic they are intended to carry and shall satisfy the following standards in addition to those otherwise set forth in this chapter:

Major arterials. This class of arterial roadway is intended to carry 25,000 to 40,000 trips per day. Traffic turning onto and off these road can reduce capacity and access points should be restricted as much as possible.

Minor arterials. This class of arterial roadway is intended to carry 15,000 to 25,000 trips per day.

Light arterials. This class of arterial roadway is intended to carry 10,000 to 15,000 trips per day.

Collector roadways. Collector roadways differ from arterials in that they should not form an interconnected system. They should simply carry traffic to the arterials and should not form linkages and interconnections which would accommodate through-traffic which is unrelated to the uses which adjoin them. This class of street is intended to siphon traffic from local streets before their capacity is exceeded and the two functions of traffic movement and property access are of equal importance. Traffic on collector roadways should be given priority over local streets and not interrupted by sharp turns or stop signs. On-street parking is undesirable and should be avoided where possible. This class of collector roadway is intended to carry up to 10,000 trips per day.

Local roadways. Local roadways differ from other roadways in that they are not intended to carry any through-traffic whatsoever. The intended function of this class of roadway is to provide direct access to adjoining properties; traffic capacity is of only secondary importance.

Alignment.

General.

Roads shall be related appropriately to the topography. Local roads shall be curved wherever possible to avoid conformity of lot appearance. All streets shall be arranged so as many of the building sites as possible are at, or above, the grade of the streets. Grades of streets shall conform as closely as possible to the original topography. A combination of steep grades and curves shall be avoided. Specific standards are contained in the design standards of these regulations.

All streets shall be properly integrated with the existing and proposed system of thoroughfares and dedicated rights-of-way established in the Master Plan. All thoroughfares shall be properly related to special traffic generators such as industries, business districts, schools, churches, and shopping centers; to population densities; and to the pattern of existing and proposed land uses.

Local roadways shall be laid out to conform as closely as possible to the topography, to discourage use by through traffic, to permit efficient drainage and utility systems, and to require the minimum number of streets necessary to provide convenient and safe access to property.

The rigid rectangular gridiron street pattern is discouraged and the use of curvilinear streets, culs-de-sac, or U-shaped streets shall be encouraged where such use will result in a more desirable layout.

In business and industrial developments, the streets and other accessways shall be planned in connection with the grouping of buildings, location of rail facilities, and the provisions of alleys, truck loading and maneuvering areas, and walks and parking areas so as to minimize conflict of movement between the various types of traffic, including pedestrian traffic.

Access limitations.

In the case of subdivisions or site plans abutting major or minor arterials, one of the following shall be required in the discretion of the approving board:

A marginal access road shall be provided along the arterial and shall be separated from it by a raised divider strip at least eight feet in width;

The frontage shall be reversed so that the lots contiguous to such arterials will front on an internal street, with a planted buffer strip at least 50 feet in width, provided along the arterial road; or

Such other means of separating through and local traffic and of providing a suitable buffer shall be provided, as the approving board may determine to be appropriate.

Vehicular access into and out of a planned development shall be provided in accordance with the following schedule:

Class I PD: At least one major arterial and one minor arterial, or two minor arterials.

Class II PD: At least two major arterials.

All planned developments shall have two points of access which are ready for use at such time certificates of occupancy are issued for the planned development. A temporary access point may be constructed to meet the requirements of this section until such time as a permanent access point can be constructed. Access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Merging, turnout lanes and traffic dividers shall be provided where existing or anticipated heavy flows indicate they are needed.

[Amended 4-23-2001 by Ord. No. 17-01]

In no case shall streets within a planned development connect to streets outside the development in such a way as to encourage use of minor streets for through traffic.

Within a planned development, vehicular access to local roadways from off-street parking and service areas may be directly to the local roadway; provided that the parking stalls are offset from the cartway by a minimum of 13 feet. Vehicular access to other streets from off-street parking and service areas shall be combined, located and controlled so as to channel traffic from and to those areas conveniently, safely, and in a manner which minimizes marginal traffic friction and promotes free traffic flow.

Extensions.

Proposed streets shall be extended to the boundary lines of the tract to be subdivided, unless prevented by topography or other physical conditions, or unless in the opinion of the approving board such extension is not necessary or desirable for the coordination of the layout of the subdivision with the existing layout or the most advantageous future development on adjacent tracks.

The arrangement of streets shall provide for the continuation of principal streets between adjacent properties when such continuation is necessary for convenient movement of traffic, effective fire protection, efficient provision of utilities, and where such continuation is in accordance with the Master Plan. If the adjacent property is undeveloped and the street must be a dead-end street, the right-of-way shall, except where reserved, be extended to the property line.

A temporary cul-de-sac turnaround, and/or a T- or L-shape turnaround shall be provided on all dead-end streets, with the notation on the subdivision plat that land outside the normal street right-of-way shall revert to the abettors whenever the street is continued. The approving board may limit the length of dead-end streets in accordance with the design standards of these regulations.

Where a street does not extend to the boundary of the subdivision and its continuation is not required by the approving board for access to adjoining property, its terminus shall not be nearer to such boundary than 50 feet. However, the approving board may require the reservation of an appropriate easement to accommodate drainage facilities, pedestrian traffic, or utilities. A cul-de-sac turnaround shall be provided at the end of a permanent dead-end street in accordance with the construction standards and specifications. For greater convenience to traffic and more effective police and fire protection, permanent dead-end streets shall, in general, be limited in length at the discretion of the approving board.

Street grade and intersections.

No more than two streets shall cross the same point. Street intersections shall be at right angles wherever possible, and intersections of less than 60°, measured at the center line of streets, shall not be permitted.

Two streets which do not cross at the same points shall be offset (center line intersection) by at least 150 feet.

The approach of any collector roadway to any intersection of another collector roadway or arterial roadway shall follow a straight line course within 100 feet of the intersection.

Blocks and lots.

Blocks shall have sufficient width to provide for two tiers of lots of appropriate depths. Exceptions to this prescribed block width shall be permitted in blocks adjacent to major roadways, railroads, or waterways.

The lengths, widths, and shapes of blocks shall be such as are appropriate for the locality and the type of development contemplated, but block lengths in residential areas shall not exceed 1,200 feet nor be less than 400 feet in length.

Looped streets shall be preferred to stub or cul-de-sac streets and no dead-end street shall exceed a length of 700 feet, unless turnaround areas are provided at a rate of one for each 600 linear feet.

The approving board may require the reservation of an easement through the block to accommodate utilities, drainage facilities, or pedestrian traffic.

Sight triangles.

Easements for sight at roadway intersections, in the shape of triangles and in a form approved by the approving board attorney, shall be dedicated to cover the area bounded by the right-of-way lines and a straight line connecting "sight points" on the street center lines which sight easement dimensions shall be determined in accordance with the Transportation and Traffic Engineering Handbook (Latest Edition). Within these sight easements, planting shall be restricted to low-spreading varieties of plants and shrubs of not more than 18 inches in height at maturity or trees with the lowest branches 10 feet above the ground or higher.

Proper sight distance should be provided at the intersections of ingress and egress of nonresidential driveways, or driveways which serve parking lots or residential groups of four or more dwelling units, by establishing sight triangles in accordance with the current Township standard specifications. Within these sight triangles, plantings should be restricted to low spreading varieties of plants and shrubs of not more than 18 inches in height at maturity.

Profile.

Right-of-way.

The right-of-way of a roadway shall be measured from lot line to lot line and shall be sufficiently wide to contain the cartway, curbs, shoulders, sidewalks, graded areas, utilities and shade trees.

The right-of-way width of a new street that is a continuation of an existing street shall in no case be continued at a width less than the existing street.

Cartway width.

In order to provide for streets of suitable location, width, and improvement to accommodate prospective traffic and afford satisfactory access to police, firefighting, snow removal, sanitation, and road maintenance equipment, and to coordinate roads so as to compose a convenient system and avoid undue hardships to adjoining properties, the design standards for roads, set out in the aforesaid Schedule of Required Street Dimensions,[2] are hereby required. In utilizing said schedule, road classification shall be as determined by the approving board based upon the standards hereinbefore set forth.

Editor's Note: Appendix I, Schedule of Required Street Dimensions, is included at the end of this chapter.

Where a nonresidential collector roadway or a collector roadway serving more than 100 dwelling units intersects with another collector roadway or arterial roadway, both the right-of-way and the pavement shall be widened by 24 feet for a distance of 200 feet back from the intersection of the center lines of both roadways.

Pavement. Street pavement thickness shall vary by street hierarchy, subgrade properties and pavement type as set forth in the construction specifications.

Shoulders, curbs and gutters.

Curbing shall be required for drainage purposes, safety, and delineation and protection of pavement edge.

Curbs shall be constructed according to the specifications set forth in the construction specifications.

Curbing shall be designed to provide a ramp for bicycle and/or wheelchairs.

Curbing shall be provided along both sides of all subdivision streets and adjacent to the edge of all aisles, drives, and off-street parking areas.

Shoulders and/or drainage swales shall be required instead of curbs when:

Shoulders are required by CAFRA;

Soil and/or topography make the use of shoulders and/or drainage swales preferable; or

It is in the best interest of the community to preserve its character by using shoulders and/or drainage swales instead of curbs.

Shoulder requirements shall vary according to street hierarchy and intensity of development.

[7]

Curb construction. Any project approved for development by the Township Planning Board or Zoning Board of Adjustment, after the effective date of this Subsection A(4)(d)[7], shall comply with the following curb construction requirements:

[Added 6-23-2003 by Ord. No. 25-03]

All curbs, where required, shall be granite curb, also known as "Belgian block" on all designated local residential streets in the Township of Old Bridge.

Construction of granite or Belgian block curbing shall conform to and be in accordance with the current specifications of the Residential Site Improvement Standards, N.J.A.C. 5:21-4.17, and as may be modified from time to time.

Shade trees areas.

All developments shall be provided with street trees planted at the following intervals:

Large trees (maturity height of 40 feet or greater): average of 50 feet with a maximum spacing no greater than 70 feet.

Small to medium trees: average of 40 feet with maximum spacing no greater than 50 feet.

Shade trees shall generally be located within an area outside the right-of-way on both sides of and parallel to the street. The trees shall be planted so as not to interfere with utilities, roadways, sidewalks, sight easements, or streetlights.

Shade tree areas shall be planted with grass, ground cover, or treated with other suitable cover material.

Shade trees may be clustered to provide for a better aesthetic environment, provided the total number of trees is not less than would have been provided in Subsection A(4)(e)[1][a] and [b] above.

Access.

Only one point of ingress and egress may be allowed on each tract, except where the tract has a road frontage of at least 200 feet.

No driveway shall be located closer than 50 feet from the sidelines of the intersection of two streets.

No more than two driveways of not less than 20 feet or more than 30 feet in width for means of ingress and egress for any parking area shall be permitted for each 300 feet of frontage upon a public street. No driveway shall be located closer than 100 feet from the intersection of two streets, and acceleration and deceleration lanes shall be provided. The angle of any intersection shall not be less than 60°. A circular driveway may be permitted on a residential lot providing the lot has at least 100 feet of street frontage.

[Amended 3-15-2010 by Ord. No. 2010-03]

Access to residential units shall be from local roadways where possible. Where access is from a collector or arterial roadway, on-site turnarounds or other means shall be provided to allow for head-on access.

Whenever an emergency access is provided, said access shall be of hard durable material and shall be not less than 20 feet in width.

[Added 3-15-2010 by Ord. No. 2010-03]

Signs.

Design and placement of traffic signs shall follow the requirements specified in the Manual on Uniform Traffic Control Devices for Streets and Highways (Latest Edition), published by the US Department of Transportation and adopted by the DOT.

At least two street name signs shall be placed at each four-way street intersection and one at each T-intersection. Signs shall be installed under light standards and free of visual obstruction. The design of street name signs should be of a style appropriate to the community, of a uniform size and color, and erected in accordance with local traffic safety standards. Site information signs shall follow a design theme related and complementary to other elements of the overall site design.

Names.

Street names and development names shall not duplicate or nearly duplicate the names of existing streets or developments in the Township or surrounding communities.

The continuation of an existing street shall have the same name.

Sidewalks and bikeways.

Pedestrian and cyclist ways within a PD and cluster development.

Designated walkways shall form a logical, safe and convenient system for pedestrian access to all dwelling units, project facilities and principal off-site pedestrian destinations. Where appropriate, pedestrian pathways and bikeways may replace sidewalks.

Walking distance in the open between dwelling units and parking spaces, delivery areas and trash and garbage storage areas intended for use of occupants shall be minimized.

Walkways to be used by substantial numbers of children as play areas or routes to school or other destinations shall be so located and safeguarded as to minimize contacts with automotive traffic. If substantial bicycle traffic is anticipated, bicycle paths shall be incorporated in the circulation system.

Major roadway crossings shall be held to a minimum on the walkways, and shall be located, designed and appropriately marked for safety. Walkways may be combined with other easements and used by emergency or service vehicles, but shall not be used by other automotive traffic.

Routes for pedestrians and cyclists entering or leaving the PD or cluster development shall be arranged to provide safe and convenient access. Pedestrian crossings at edges of the PD shall be safely located, marked and controlled, and fences on other barriers may be used to restrict crossings where there is substantial exposure of pedestrians to automotive traffic at PD access points. Bicycle and/or bridle paths, if provided, shall be coordinated with the pedestrian walkway system so that bicycle, equestrian, and street crossings are combined wherever feasible.

Bikeways.

Separate bicycle paths shall be required when such paths have been specified as part of the Master Plan.

Bicycle lanes, where required, shall be placed in the outside lane of a roadway, adjacent to the curb or shoulder. When on-street parking is permitted, the bicycle lane shall be between the parking lane and the outer lane of moving vehicles. Lanes shall be delineated with markings, preferably striping. Raised reflectors or curbs shall not be used.

Bikeways shall be constructed according to the specifications set forth in the construction specifications.

Sidewalks.

Sidewalks shall be constructed along streets whether public or private in accordance with the Schedule of Required Sidewalks set forth in Appendix J hereof and incorporated herein by reference.[3]

Editor's Note: Appendix J, Schedule of Required Sidewalks, is included at the end of this chapter.

Sidewalks in conventional developments shall be placed in the right-of-way, parallel to the street. In commercial and more intensely developed residential areas, sidewalks may abut the curb.

In planned developments, sidewalks may be located away from the road system to link dwelling units with other dwelling units, the street, and on-site activity centers such as parking areas and recreational areas. They may also be required parallel to the street for safety and other reasons.

Pedestrianway easements at least 10 feet wide may be required by the approving board through the center of blocks more than 600 feet long to provide circulation or access to schools, playgrounds, shopping, or other community facilities.

Sidewalk width shall be four feet, except that:

Wider widths may be required in the discretion of the approving board near pedestrian generators and employment centers; and

Where sidewalks abut the curb and cars overhang the sidewalk, widths shall be six feet.

Sidewalks and graded areas shall be constructed according to the specifications set forth in the construction specifications.

One-family dwellings less than 500 feet distant from an existing sidewalk on the same side of the street shall be required to have a sidewalk constructed along the entire street frontage prior to the issuance of a certificate of occupancy.

The approving board may require easements of a suitable width to facilitate pedestrian access from public or private streets, to schools, parks, playgrounds, or other nearby streets. Such easements shall be indicated on the final plan of the subdivision or site plan.

§ 250-73 Buildings.

General. In all developments, the following building design standards shall apply:

All buildings shall be located with proper consideration of their orientation and relationship to other buildings, both existing and proposed, in terms of light, air and usable open space, access to public right-of-way and off-street parking; height and bulk; drainage and existing topography; trees and vegetation; and other natural features and land forms.

Groups of related buildings shall be designed to present a harmonious appearance in terms of architectural style and exterior materials.

Buildings shall be designed to be attractive from all vantage points, including without limitation fences, storage areas and rear entrances.

Accessory buildings should be architecturally treated in the same manner as principal buildings.

All exterior storage areas and service yards, loading docks and ramps, electrical and mechanical equipment and enclosures, storage tanks and the like shall be screened from the public view, within and from the outside of the development, by a fence, wall or mature landscape materials, compatible with the exterior design of building within the development.

Colors, materials and finishes shall be coordinated in all exterior elevations of buildings to achieve continuity of expression. All roof and wall projections such as gutter, flues, louvers, utility boxes, vents, grills, downspouts, exposed flashing, overhead doors shall be painted or installed with an anodized or acrylic finish, in a color to match adjacent surfaces.

All openings in the wall of a building such as windows and doors should relate to each other on each elevation, vertically and horizontally, in a clearly defined order; and should take into account orientation to the sun for sun-shading and consideration of the efficiencies of heat loss and gain through such openings.

Buildings and parking areas should be designed to relate to existing grade conditions. Exposed basement walls are not acceptable as an architectural treatment. All exposed basement walls must be treated to relate properly to the design of the building.

(9)

Appurtenances such as, but not limited to, tanks, condenser units and other equipment shall be fully screened from view.

(10)

Building design and site arrangements shall allow for public pedestrian access and sidewalks within the area, unless sidewalks and pedestrian circulation are provided for within the adjoining right-of-way of the public street. Where the required front yard setback for the zone is greater, the zone regulations shall take precedence.

Residential development design. The Township encourages innovative and efficient design of planned developments. In such a design, the Township recommends that natural features, such as lakes, rocks, outcrops, streams, topsoil, trees, shrubs and understory, shall be preserved and incorporated into the landscaping and site design of the PD to the maximum extent feasible. In PDs, the following building design standards shall apply:

Attention in site design and layout shall be given to enhancement of views, vistas, panoramas and local points.

Architectural design and building construction shall be consistent, complementary and harmonious. Approval of designs and exterior changes and additions may be recommended by an Architectural Review Committee to the approving board. The Architectural Review Committee shall pay particular attention to facade treatments, materials, color scheme, neighborhood or "village" character, fencing and landscaping, accessory structures, signage and street furnishings.

Site planning in the PD shall provide protection of the development from potentially adverse surrounding environmental constraints, and protection of surrounding areas from potentially adverse environmental constraints within the development.

Open space and recreation design standards. All proposed playground areas in a development shall conform to the following minimum standards:

Playground equipment shall be set back a minimum of six feet from the edge of the designated playground area; provided, however, that said setback shall be 10 feet with respect to slides, swings and other equipment utilizing moving parts.

The playground equipment shall be constructed on a surface of no less than six inches in depth and composed of a suitable material approved by the approving board; provided, however, that, in the case of playground equipment which incorporates decks or other components having a height of six feet or more, such depth shall be increased to a minimum of 10 inches. For purposes of this section, "suitable material" shall include wood fiber, fine sand, manufactured resilient rubber padding, or fine wood chips. Such material shall not include pea gravel, grass, fill dirt, topsoil, course sand, or large course wood chips.

Except as otherwise set forth above, all recreation facilities shall conform to the standards set forth in Chapter 17, or such successor chapter, of Architectural Graphic Standards (Latest Edition), published by the American Institute of Architects.

Nonresidential development design. For commercial and industrial developments, the following building design standards shall apply:

Exterior materials shall include appropriate texture and trim to prevent large undifferentiated facades of the same material.

All roof planes or caps meeting the exterior facade shall have overhangs or appropriate cornice and trim details.

All major entrances to buildings shall be properly identified with architectural elements such as recessed entranceways, projected overhangs, and porticos.

Flat roof canopies on metal pipe columns shall not be used on commercial buildings.

Window and door openings shall include appropriate trim and either recesses or overhangs to promote a harmonious variety of light and shade on the facade of the building.

Buildings and structures used for functional purposes, such as warehouses, indoor sports facilities and manufacturing facilities, shall include appropriate landscaping adjacent to facades in the public view.

Fences.[1]

The following materials are prohibited for use as fencing materials on any lot:

Barbed wire.

Sharp pointed materials of any type to form the top of the fence.

Canvas.

Cloth.

Electrically charged fences.

Temporary fences, such as but not limited to snow fences, expandable fences and collapsible fences upon a lot with a dwelling or structure on it; provided temporary fences shall be permitted to protect any hazardous condition or excavation.

Notwithstanding the foregoing, barbed wire and electrically charged fences shall be permitted in conjunction with farm uses. Where such barbed wire or electrically charged fences are located within 100 feet of any residential property, permanent signs identifying the type of fence shall be posted every 100 feet.

All fences shall be constructed with the face or finished side facing adjacent properties.

Living fences shall be maintained in a neatly trimmed condition and shall not extend into adjacent properties. Living fences along roads and at road intersections must also be maintained in accordance with Chapter 435, Article II, Obstructions Along Roads and at Intersections, of the Code of the Township of Old Bridge.

Fences shall be constructed in a manner so as not to restrict the flow of natural drainage nor cause surface water to be blocked or dammed to create ponding.

Fences around swimming pools shall meet the requirements as established in the Swimming Pool Safety Devices Section of the New Jersey State Uniform Construction Code (N.J.S.A. 52:27D-119 et seq.).

Fences proposed at any new construction project shall be included as part of the site plan proposal presented for consideration before the approving board.

Editor's Note: See also Ch. 164, Fences.

§ 250-74 Landscaping.

Purpose. The purpose of these provisions is to provide proper guidelines and specifications for landscaping of all development. "Landscaping" shall be defined as the means of improving the aesthetic value of a project or project sites through the use of grass, ground covers, plantings, shrubs and trees in a coherent manner consistent with good design practices. It is specifically intended to accomplish the following purposes:

To improve the aesthetics of a building site by the blending together of various unrelated elements into a harmonious whole;

To reduce air and sound pollution; regulate solar radiation and wind control; to provide flood control;

To influence the type and speed of pedestrian and vehicular traffic flow;

To reduce visual discomfort by screening out glare and reflection;

To stabilize soils by preventing soil erosion and otherwise restore a building site to a balanced environment wherever a project causes excessive removal of existing vegetation.

Site protection.

Topsoil.

Topsoil moved during the course of construction shall be redistributed on the site on all regraded surfaces. At least four inches of even cover shall be added to all disturbed areas of the development and shall be stabilized by seeding or planting.

All slopes and minor drainage swales over 10%, and all major drainage swales shall be sodded or stabilized by other means acceptable to the approving board upon recommendation of the Township Engineer. Before construction of the development has begun, selected samples of the existing topsoil at various locations of the site shall be taken as directed by the Municipal Engineer and shall be sent to Rutgers University for analysis and classification. During the course of construction as lots are finished as to grading, seeding, etc., selected samples shall again be taken as directed by the Municipal Engineer and sent to Rutgers University for analysis, classification and comparison with the original sample of the general area to determine whether topsoil has been properly preserved and redistributed.

Slopes.

Landscaping of the area of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with ground covers appropriate for the purpose and soil conditions, water availability, and environment.

Changes of grade levels may be achieved by any combination of the following methods, and the minimum standards shall be in accordance with the construction specifications:

Raised flower beds constructed with timber, railroad ties, brick, brick veneer, pre-cast stone, rock, stone or similar materials.

Pre-cast planters, as well as planters constructed on-site, shall have properly designed drainage or weeping holes and shall incorporate proper footings where required.

Terracing. Terracing shall be designed to prevent soil erosion.[1]

Turf - by grade levels of soil with turf providing grade differential;

Raised terrace of flagstone, brick, pre-cast stone, pre-cast concrete, cobblestone or installed concrete slab;

Wood decking over footing; and

[d]

Below-grade terracing with low retaining walls.

Editor's Note: Amended at time of adoption of Land Development Codification (see Ch. 1, General Provisions, Art. IV).

Retaining walls, with properly installed weeping and drainage holes, on proper footings, with approved anchorage and supports. Materials may be of, but not limited to, timber, railroad ties, brick, cinder block, brick veneer, rock, stone, pre-cast concrete with veneered surfaces or any similar materials approved by the Municipal Engineer.

Other techniques.

Rock gardens, reflecting pools, artificially cycled fountains, waterfalls, formal and/or informal sunken gardens.

Landscaped swales and depressed walkways of tan bark, wood chips, pine needles, pebbles or sand.

Incorporation of berms, mounding of soil on-site, either natural or man-made, may be used to achieve changes of grade, provided it is properly landscaped with turf or ground cover.

[d]

Ravine slopes, drainage and swale slopes, steep stream banks properly landscaped with permanent ground cover, or drywall rock or similar material or rock gardening so as to prevent soil erosion and promote plant growth. These may be terraced or slope graded.

Stream corridors.

The objective of landscaping of stream valleys and other water features is to protect adjacent, upstream and downstream, private and public lands from direct and substantial increased flood damage from:

Increased flood heights and velocities due to obstructions in waterways;

Increased siltation caused by erosion;

Increased runoff; or

Incompatible land uses adjacent to brooks or springs, streams, creeks or estuaries of both tidal and fresh water.

Specific requirements.

Subject to contradictory regulations promulgated by the DEP, all streams, estuaries, creeks, brooks, tributaries and floodplains (hereinafter referred to as "streams") shall comply with the following regulations:

All streams shall be properly de-snagged of all extraneous debris, dead and decaying vegetation.

All banks shall be protected from erosion caused by runoff and flooding or wind damage. Protection against erosion may be achieved by, but not limited to, the use of permanent ground cover, vegetation, drywall construction or any approved combination of the same. The encouragement of plants, ferns and shading vegetation is desired.

A conservation area of a minimum of 50 feet in depth from the center line of said stream shall be clear of all extraneous debris, and dead and decaying vegetation. This area may incorporate appropriate approved selective thinning, the result of which will encourage the healthy woodland growth of existing trees and shrubs which enhances the degree of recharge. No removal of trees, shrubs, etc., on the list of New Jersey Protected Trees will be permitted. Landscaping of this buffer zone is permitted in keeping with a natural setting. The type and amount of vegetation cover shall encourage the stabilization of the soil and prevent erosion and increased runoff.

Structures adjacent to watercourses.

No structure shall be built within 50 feet from the top of the bank of any watercourse, as determined by the Municipal Engineer.

Woodlands and trees.

Protection of existing plantings.

A maximum effort shall be made to save specimens of plantings which are unique due to their relative size or rarity. Trees with a diameter of 14 inches or greater measured at a height of three feet from the ground level shall be inventoried and marked and described on the building plan. The following species of trees shall be identified and marked on the building plan if they exceed three inches or greater in diameter measured three feet from ground level: all specimen trees listed in the Manual of Woody Landscape Plants, Michael A. Dirr, Stipes Publishing Company, Current Edition. Applicant shall identify a tree protection area in the building plan which shall include all areas on the lot except the proposed building footprint, and 10 feet extending in all directions from the proposed building footprint, and the driveway plus three feet from the edge of the driveway. All specified tree and shrubs meeting the above criteria within the tree protection area shall not be removed unless specifically approved by the approving board or as otherwise provided herein. An applicant for subdivision approval shall identify a tentative building footprint for each lot, and if the building footprint is moved by more than 10 feet within the building envelope after final approval is granted, an amended tree protection area for the lot shall be reviewed and approved by the Director of the Department of Community Development or his designee.

[Amended 7-24-2000 by Ord. No. 29-00]

No material or temporary soil deposits shall be placed within four feet of shrubs or 10 feet of trees designated to be retained on the subdivision plat or site plan.

Protective barriers or tree wells shall be installed around each tree, plant and/or group of trees or plants that are to remain on the site during and after construction. The barrier shall be installed before any tree removal permit or construction permit is issued. Barriers shall not be supported by the plants they are protecting, but shall be self-supporting. They shall be a minimum of four feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.

The grade of land located within six feet of a tree shall not be raised or lowered more than six inches unless compensated by welling or retaining methods herein described.

Tree wells are to be constructed around each tree or group of trees before any grades are increased. Wells are to be constructed of uncemented stone, block or any other suitable material. This well should be a minimum of three feet in diameter for four inches or less caliper tree with the wall located 18 inches from the trunk with the construction starting on existing grade so as not to disturb roots with foundation construction. For trees of more than four inches caliper, there should be added one foot to the diameter of the well for each inch caliper over four inches as measured 12 inches above natural ground level.

Retaining walls are to be constructed around each tree or group of trees immediately after the grade is lowered. This retaining wall is to be constructed of railroad ties, or any other suitable material subject to the approval of the Municipal Engineer.

Any cleaning within six feet of tree trunks must be done by hand. No equipment is to be placed over this area and no building materials are to be attached against the tree or within the area of the aforesaid barrier.

No tree is to support any scaffolding, signs, temporary utility or any other device. Topsoil is to be stockpiled in an area at least eight feet from any tree designated to remain.

Removal of debris.

All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials, or other debris shall be removed from the site and disposed of in accordance with the law. No tree stumps, portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips, they may, subject to approval of the Municipal Engineer, be used as mulch in landscaped areas.

Existing vegetation.

In all residential developments, the developer shall be required to preserve as much of the existing vegetation as possible. The preservation of existing healthy trees along roadways may reduce the requirements for the planting of additional street trees, otherwise set forth herein.

Planting.

General.

In residential developments, besides the screening and street trees required, additional plantings or landscaping elements shall be required throughout the subdivision or site plan where necessary for climate control, privacy, or for aesthetic reasons, in accordance with a planting plan approved by the approving board.

In nonresidential developments, all areas of the site not occupied by a building and required improvements shall be landscaped by the planting of grass or other ground cover, shrubs, and trees, or the preservation of existing ground cover, shrubs, and trees, in accordance with a planting plan approved by the approving board.

At a minimum, the equivalent of at least two shrubs and one shade or ornamental tree of two-and-one-half-inch caliper or greater shall be provided for each 1,500 square feet of area of a residential development not covered by buildings or improvements and for each 1,000 square feet of nonresidential development. Existing healthy specimen trees may be included in satisfying these requirements. These plantings shall be in addition to any other landscaping requirements, including landscaping of off-street parking areas and buffer areas.[2]

Editor's Note: Amended at time of adoption of Land Development Codification (see Ch. 1, General Provisions, Art. IV).

The periphery of all buildings and the yard areas, not covered by parking and not subject to other special landscaping requirements contained herein, shall be suitably landscaped. Such landscaping shall employ low-maintenance, hardy shrubs, hedges, ground covers and trees as well as gravel, mulches, decorative concrete and brick.

On slopes, the landscape plan shall recommend plantings that prevent erosion.

Along major roads, the plantings should buffer the adjoining uses from noise and lights.

On north slopes, the plantings should be sufficient to serve as a wind screen; and to the south, the landscaping should be sufficient to provide shade from the hot summer sun.

The overall landscaping plan should "break up" long buildings and screen off parking, service and utility areas. The plan should provide for a variety of different species to protect against disease attacking all of the plantings. A variety should be selected with consideration for various seasons and of different colors, textures, shapes, blossoms and foliage.

The landscape plan should be particularly sensitive to local soil conditions, lack of or overabundance of water, topography and climatological factors.

Parking areas.

All parking lots of 20 or more spaces for both residential and nonresidential developments shall conform to the landscaping design standards set forth herein.

All parking lot landscaping shall be of such quality as to improve and enhance the site and its surrounding areas. Appropriate places for landscaping include the raised walkways or sidewalk areas, at the end of bays, and in specific planting islands established throughout the lots. In narrow islands, low-spreading and low-maintenance plants, such as English ivy, creeping juniper, myrtle or pachysandra, shall be utilized. Where more space is available, yews, juniper or forsythia shall be utilized.

The primary landscaping materials used in parking lots shall be trees which provide shade or are capable or providing shade at maturity. Shrubbery, hedges and other planting material may be used to complement the tree landscaping, but shall not be the sole contribution to the landscaping. Effective use of earth berms and existing topography is also encouraged as a component of the landscape plan.

The landscaping and planting areas shall be reasonably dispersed throughout the parking lots. Trees should be a mixture of flowering, decorative, evergreen and deciduous. Trees in parking areas should be clumped at critical corners or areas to break up the mass of cars apparent to the eye. They should also be located with care so as not to obstruct the vision of the driver.

The interior dimensions of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to insure proper growth.

In those instances where plant material exists on a parking lot site prior to its development, such landscape material may be used in the discretion of the approving board.

Peripheral landscaping shall be required along any side of a parking lot that abuts adjoining property that is not a right-of-way.

A landscaping strip at least five feet in width shall be located between the parking area and the abutting property lines.

One tree for every 50 linear feet of lot line shall be planted in the landscaping strip.

In addition to the required trees, a wall, hedge or other durable landscape barrier shall be planted or installed. The height of any such hedge shall be no less than three feet and no more than seven feet. The height of any wall or other durable landscape barrier shall be no less than five feet and no more than seven feet.

One shrub or vine for each 10 feet of nonliving durable barrier shall be planted between the parking lot and the barrier, and the barrier and the abutting property line.

Street landscaping shall be required along any side of a parking lot that abuts the right-of-way of any street, road or highway.

(j)

A landscaping strip at least 10 feet in depth shall be located between the abutting right-of-way and the parking lot.

One tree shall be planted for each 40 linear feet of the landscaping strip.

A hedge, wall or other durable landscape barrier of at least 2 1/2 feet in height shall extend the entire length of the landscaping strip. The first 25 feet on both sides of any accessory driveway pavement is excluded from this requirement.

One shrub or vine for each 10 feet of nonliving durable barrier shall be planted between the barrier and the street and between the barrier and the parking lot.

(k)

Except as otherwise set forth in this chapter, not less than 20% of the gross parking area of any parking lot shall be landscaped. Such required landscaping shall be in addition to the landscaping required by Subsection C(2)(g), (h), (i) and (j) above.

Shade trees shall be planted 70 feet on center as part of the landscape requirement in all parking lots.

Plant selection.

All plants shall be nursery grown and of a species suitable for US Department of Agriculture Hardiness Zone 6. Dead and dying materials shall be replaced by the developer during the two growing seasons following planting and the estimated costs of such replacement shall be included in the estimate prepared for any maintenance guarantees which the developer is required to post under this chapter.

Plant selection shall also conform to a list of plant materials recommended for planting in the Township on file in the Department of Community Development.

Plant material used should not be of the exotic variety requiring substantial maintenance or material highly subject to pollution, salt damage along highways and current insect disease manifestations.

Specifications.

The following sizes of trees and shrubs are the permitted minimums:

Street trees: two to 2 1/2 inches DBH.

Screening plants: four to five feet tall.

All plant materials must conform to the horticulture standards as set forth by the American Association of Nurserymen.

Planting holes must be a minimum of 12 inches larger in diameter and six inches deeper than the soil ball or root mass, excluding ground covers, and backfilled with a planting mixture incorporating a minimum of 25% organic matter by volume.

Each tree planted in residential areas must be tagged with a durable label bearing the following information:

Genus, species, variety and plant patent number, if a patented tree;

Cultural requirements, including watering and fertilization.

Trees shall be staked in the following manner:

Two stakes shall be driven a minimum of two feet into undisturbed soil outside the planting hole.

Stakes when driven must be 1/2 to 2/3 the height of the tree measured from ground level.

Stakes shall be two inches' diameter minimum at the thick end.

Stakes shall be placed in line with prevailing winds.

Stakes shall be attached to the tree with twelve-gauge galvanized wire covered with rubber or plastic hose. Where wire is likely to come in contact with the tree trunk, an alternate material to be used may be any of the commercially available materials designed for staking trees; provided it is approved by the Municipal Engineer.

The loop in contact with the tree shall be loose enough to permit growth and prevent girdling for two years, but shall be tightly bound to the stake to prevent slipping.

Wrapping. Each tree shall be wrapped with an expandable paper or cloth treated to last at least one year.

The wrap shall extend from the ground level up the trunk to the first branches.

In order to prevent sun scald, the wrap shall be attached or fastened at each end with a material that will permit tree growth without girdling.

Saucer. A ring of packed soil shall be placed around the finished planting hold of each tree.

The saucer shall be a minimum of six inches higher than the finished grade.

Saucers placed on slopes shall be level at the top and perpendicular to the tree trunk.

Trees and shrubs must be planted only when the soil is frost free and friable.

All planting beds must be covered, and the type of covering to be used must be noted on the landscape plan.

Where mulches are used, a layer of black, four-mil polyethlyne or its equivalent must be used to reduce weed growth. Minimum required depth of placement is four inches.

An approved chemical pre-emergence, nonselective herbicide may be used in lieu of the polyethlyne. The chemical to be used must be specified on the landscape plan and used according to directions.

Ground covers are required in place of grass in small restricted areas such as tree and shrub planters.

(j)

All planted beds surrounded by grass must be edged by a physical edging, in accordance with Township standard specifications, flush with the soil to permit mowing.

(k)

Sod is to be used in place of seeding for more rapid establishment and effect, except for areas exceeding one acre. In any area exceeding one acre, at least one acre must be sodded.

(l)

Ground cover areas and steep banks greater than 15% must be planted with an approved ground cover and an approved mulch.

(m)

If wood chips are to be used as a mulch, they must follow Township standard specifications.

(n)

All seed mixtures and sod types must meet the approval of the Municipal Engineer.

§ 250-75 Lighting.

Adequate lighting shall be provided if off-street parking spaces are to be used at night. The lighting shall be arranged and installed to minimize glare on property in a residential district.

Lighting should be located along streets, in parking areas, at intersections and where various types of circulation systems merge, intersect, or split. Pathways, sidewalks and trails should be lit using low or mushroom-type standards. Stairways and sloping or rising paths require illumination, as do building entrances and exits. Lighting should also be provided where buildings are set back or offset.

All direct glare is prohibited. The maximum amount of light permitted is that produced by lights on standards not to exceed the maximum height allowed in the zone and shielded to restrict the maximum apex angle of the cone of illumination to 135°.

Standards upon which lights are placed should be spaced at a distance approximately equal to four times the height. The maximum height should be in scale with the surroundings and should not exceed the maximum building height permitted.

Spotlights, if used, should not be located on buildings and faced outward. Spotlights should be put on standards pointing toward the structures.

The standards and style of light should be consistent with the type and style of the architecture of the buildings. The mounting height shall be not more than 18 feet and arranged to give a fairly uniform lighting pattern of at least one footcandle throughout the lot.

[Amended 3-15-2010 by Ord. No. 2010-03]

Intersecting, converging and diverging roadway areas at grade require higher illumination than that recommended. The illumination in these areas should be at least equal to the sum of the illumination values provided on the roadways which form the intersection.

The lowest footcandle value at any point on the pavement should not be less than 1/3 the average value. The only exception to the requirement applies to residential roadways, where the lowest footcandle value at any point may be as low as 1/6 the average value.

The maximum intensity of illumination permitted on roadways and walkways is as set forth in Appendix K which is hereby incorporated herein.[1]

Editor's Note: Appendix K, Schedule of Maximum Intensity of Illumination, is included at the end of this chapter.

If the approving board includes as a condition of approval the installation of streetlighting on a dedicated public street connected to a public utility, then upon notification in writing by the developer to the board and Township Council that the streetlighting on a dedicated public street has been installed and accepted for service by the public utility and that certificates of occupancy have been issued for at least 50% of the dwelling units and 50% of the floor area of the nonresidential uses on the dedicated public street or portion thereof, the Township shall, within 30 days following receipt of the notification, make appropriate arrangements with the public utility for, and assume the payment of, the costs of the streetlighting on the dedicated public street on a continuing basis. Compliance by the Township with the provisions of this section shall not be deemed to constitute acceptance of the street by the municipality.

Streetlighting.

[Added 3-25-1996 by Ord. No. 6-96]

Streetlighting standards of a type and number approved by the approving authority shall be installed at street intersections and elsewhere if deemed necessary by the approving authority.

The developer shall arrange for the provision of streetlights, at his expense, under the requirements for "contribution fixtures" as established by the Board by Public Utilities Commissioners Tariff No. 6 Electric Part No. 3, effective 4-25-1983. The developer shall also provide for the installation of underground service for streetlighting at his cost.

§ 250-76 Outdoor storage for refuse and recyclables. [1]

Each major application for residential development shall include provisions for the collection, disposition, and recycling of recyclable materials.

Each single-family unit or unit within a two-family dwelling should provide at least 12 square feet of floor area conveniently arranged and located as a holding area for a four-week accumulation of materials. Such an area may be within a laundry room, basement or garage.

Each multifamily dwelling unit or accessory dwelling unit must provide at least three square feet of area conveniently arranged and located to hold a one-week accumulation of recyclable materials. Each multifamily complex must also provide bins in a convenient location or locations in a common area as dropoffs for storing recyclables until collection occurs. The holding area shall provide for truck access and loading and shall be suitably screened from view and set back from property lines.

Each application for a nonresidential use which utilizes 1,000 square feet or more of land shall include provisions for the collection, disposition and recycling of recyclable materials. Each application shall quantify the amount of recyclable material it will generate as part of its weekly operation, including newspapers, white high-grade paper, glass, aluminum, cardboard, tin and bimetal cans. The application shall provide a storage area sized to contain a one-week accumulation of recyclable material. The storage area shall be designed for truck access for pickup of materials and be suitably screened from view if located outside a building.

Editor's Note: See also Ch. 429, Solid Waste.

§ 250-77 Off-street parking and loading.

Off-street parking.

Dimensional standards.

Each off-street parking space shall consist of a rectangular area with dimensions in accordance with the following standards:

Stall Angle (degrees)	Stall Width	Curb Length Per Car	Stall Depth	Driveway Width
0°	10 feet 0 inches	23 feet 0 inches	10 feet 0 inches	12 feet 0 inches
45°	10 feet 0 inches	14 feet 2 inches	20 feet 6 inches	13 feet 0 inches
60°	10 feet 0 inches	11 feet 6 inches	20 feet 6 inches	18 feet 0 inches
90°	10 feet 0 inches	10 feet 0 inches	20 feet 0 inches	24 feet 0 inches

Notwithstanding the aforesaid dimensional standards, parking spaces, ramps, etc., shall be provided for the physically handicapped, in accordance with the New Jersey Barrier-Free Design regulations (N.J.A.C. 5:23-7.1 et seq.) and this chapter.

Back-up areas with a minimum depth of 10 feet shall be provided in all parking lots where there are dead-end aisles.

Planting beds shall have a minimum width of five feet.

Wherever planted material is likely to interfere with vehicular parking, island width shall be increased by two feet and that area covered with mulch.

Single island parking length shall be a minimum of 19 feet, double island parking length shall be a minimum of 38 feet to protect the vehicles parked in each parking row.

Curb return radii adjacent to traffic flow shall be a minimum of five feet.

Layout.

Off-street parking spaces, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve. Parking facilities may be located in any yard space except where specifically prohibited but shall not be closer than five feet from any side yard or rear yard property line.

Off-street parking spaces shall be separated from walkways, sidewalks, streets, or alleys by a wall, fence or curbing or other approved protective device, or by distance so that vehicles cannot protrude over publicly owned areas.

Each parking space shall consist of a suitably graded, drained and unobstructed rectangular area in the plane of which no straight line shall have a grade in excess of 6% or less than 1%.

Parking areas shall be surfaced with bituminous pavement or concrete pavement, the design of which shall be approved by the Municipal Engineer and clearly marked by painted lines or curb or other means to indicate individual parking spaces. These provisions shall not apply to the construction of single-family detached dwellings as defined herein.

All planting islands shall be enclosed by poured concrete curbing, Belgian block or railroad ties meeting Township engineering standards.

Islands shall be located at both ends of each parking row. Intermediate islands shall be installed within each parking row whenever there are more than 20 parking spaces in the row and subsequently shall be constructed whenever more than 10 parking spaces are intervening in the parking row. Islands constructed to channelize traffic flow within the parking lot shall also be landscaped.

Dimensional standards.

Loading spaces shall have a minimum 15 feet of vertical clearance and shall be designed in accordance with the following schedule:

Loading Space		Combined Apron and Aisle Length
Length (feet)	Width (feet)	90° (feet)	60° (feet)
60	10	72	66
60	12	63	57
60	14	60	54

Layout.

Loading and unloading spaces shall be provided directly from a street that will not interfere with public convenience and that will permit orderly and safe movement of truck vehicles.

§ 250-78 Stormwater management.

[Amended 5-13-1996 by Ord. No. 20-96; 8-11-1997 by Ord. No. 31-97; 12-13-1999 by Ord. No. 36-99; 10-23-2006 by Ord. No. 46-2006; 6-25-2007 by Ord. No. 2007-10; 3-16-2020 by Ord. No. 2020-09; 2-23-2021 by Ord. No. 2021-01]

Scope and purpose.

Policy statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure best management practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature, and the anticipated quantity or amount of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.

Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in § 250-78B.

Applicability.

This section shall be applicable to the following major developments:

Nonresidential major developments; and

Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21.

This section shall also be applicable to all major developments undertaken by Old Bridge Township.

CAFRA CENTERS, CORES OR NODES

Compatibility with other permit and ordinance requirements. Development approvals issued pursuant to this section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the stormwater management rules at N.J.A.C. 7:8-1.2.

Those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.

CAFRA PLANNING MAP

The map used by the Department to identify the location of coastal planning areas, CAFRA centers, CAFRA cores and CAFRA nodes. The CAFRA Planning Map is available on the Department's Geographic Information System (GIS).

COMMUNITY BASIN

An infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this chapter.

COMPACTION

The increase in soil bulk density.

CONTRIBUTORY DRAINAGE AREA

The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.

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:

A county planning agency; or

ENVIRONMENTALLY CONSTRAINED AREA

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, 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.

DISTURBANCE

The placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.

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.

EMPOWERMENT NEIGHBORHOOD

A neighborhood designated by the Urban Coordinating Council in consultation and conjunction with the New Jersey Redevelopment Authority pursuant to N.J.S.A 55:19-69.

The following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership, such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

ENVIRONMENTALLY CRITICAL AREAS

An area or feature which is of significant environmental value, including but not limited to stream corridors; natural heritage priority sites; habitats of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice or gravity.

GREEN INFRASTRUTURE

A stormwater management measure that manages stormwater close to its source by:

Treating stormwater runoff through infiltration into subsoil;

Treating stormwater runoff through filtration by vegetation or soil; or

HUC 14 or HYDROLOGIC UNIT CODE 14

Storing stormwater runoff for reuse.

An area within which water drains to a particular receiving surface water body, also known as a "subwatershed," which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

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.

LEAD PLANNING AGENCY

One or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee, pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.

MAJOR DEVELOPMENT

An individual development, as well as multiple developments that individually or collectively result in:

The disturbance of one or more acres of land since February 2, 2004;

The creation of 1/4 acre or more of regulated impervious surface since February 2, 2004;

The creation of 1/4 acre or more of regulated motor vehicle surface since March 2, 2021 (or the effective date of this section, whichever is sooner); or

A combination of Subsection (1)(b) and (c) of this definition that totals an area of 1/4 acre or more. The same surface shall not be counted twice when determining if the combination area equals 1/4 acre or more.

NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL

"Major development" includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection (1)(a), (b), (c) or (d) of this definition. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."

MOTOR VEHICLE

Land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low-speed vehicles. For the purposes of this definition, "motor vehicle" does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf-carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.

MOTOR VEHICLE SURFACE

Any pervious or impervious surface that is intended to be used by motor vehicle and/or aircraft, and is directly exposed to precipitation, including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.

MUNICIPALITY

The Township of Old Bridge.

The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of the best management practice to contribute to compliance with standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with § 250-78D(6) of this chapter and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.

NODE

An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

NUTRIENT

A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERSON

Any individual, corporation, company, partnership, firm, association, Old Bridge Township, or political subdivision of this state and any state, interstate or federal agency.

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.

REGULATED IMPERVIOUS SURFACE

Any of the following, alone or in combination:

A net increase of impervious surface;

The total area of impervious surface collected by a new stormwater conveyance system (for the purpose of this definition, a "new stormwater conveyance system" is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created);

The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or

REGULATED MOTOR VEHICLE SURFACE

The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.

Any of the following, alone or in combination:

The total area of motor vehicle surface that is currently receiving water;

A net increase in motor vehicle surface; and/or

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)

Quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.

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.

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 BMP

An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE

Any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.

STORMWATER MANAGEMENT PLANNING AGENCY

A public body authorized by legislation to prepare stormwater management plans.

STORMWATER MANAGEMENT PLANNING AREA

The geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.

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 in which the flood elevation resulting from the two-, ten-, or 100-year storm, as applicable, is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent of the storm surge from a particular storm event, a flood hazard area may be tidal in the 100-year storm, but fluvial in more frequent storm events.

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD

A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.

URBAN ENTERPRISE ZONE

A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.

URBAN REDEVELOPMENT AREA

defined as previously developed portions of areas:

Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), designated centers, cores or nodes;

Designated as CAFRA centers, cores, or nodes;

Designated as Urban Enterprise Zones; and

Designated as Urban Coordinating Council Empowerment Neighborhoods.

WATER CONTROL STRUCTURE

A structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.

WATERS OF THE STATE

The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface 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.”

Design and performance standards for stormwater management measures.

Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:

The minimum 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 at N.J.A.C. 2:90.

The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.

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.

Stormwater management requirements for major development.

The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 250-78J.

Stormwater management measures shall avoid adverse impacts of concentrated flow on habitats for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).

The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of § 250-78D(16), (17), and (18):

The construction of an underground utility line, provided that the disturbed areas are revegetated upon completion;

The construction of an aboveground utility line, provided that the existing conditions are maintained to the maximum extent practicable; and

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.

A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of § 250-78D(15), (16), (17), and (18) may be obtained for the enlargement of an existing public roadway or railroad, or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:

The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;

The applicant demonstrates, through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of § 250-78D(15), (16), (17), and (18) to the maximum extent practicable;

The applicant demonstrates that, in order to meet the requirements of § 250-78D(15), (16), (17), and (18), existing structures currently in use, such as homes and buildings, would need to be condemned; and

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 § 250-78D(4)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 250-78D(15), (16), (17), and (18) that were not achievable on-site.

Section 250-78D, Tables 1 through 3, below, summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards specified in § 250-78D(15), (16), (17), and (18). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f), Tables 5-1, 5-2 and 5-3, and listed below in § 250- 78D, Tables 1, 2 and 3, are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.

Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this section, the BMP tables in the Stormwater Management Rule at N.J.A.C. 7:8-5.2(f) shall take precedence.

Table 1 Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Cistern	0	Yes	No	—
Dry Well^(a)	0	No	Yes	2
Grass Swale	50 or less	No	No	2^(e) 1^(f)
Green Roof	0	Yes	No	—
Manufactured Treatment Device^(a)(g)	50 or 80	No	No	Dependent upon the device
Pervious Paving System^(a)	80	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Small-Scale Bioretention Basin^(a)	80 or 90	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Small-Scale Infiltration Basin^(a)	80	Yes	Yes	2
Small-Scale Sand Filter	80	Yes	Yes	2
Vegetative Filter Strip	60-80	No	No	—

(Notes corresponding to annotations^(a) through ^(g) are found below Table 3.)

Table 2 Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Bioretention System	80 or 90	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Infiltration Basin	80	Yes	Yes	2
Sand Filter^(b)	80	Yes	Yes	2
Standard Constructed Wetland	90	Yes	No	N/A
Wet Pond^(d)	50-90	Yes	No	N/A

(Notes corresponding to annotations ^(b) through ^(d) are found below Table 3.)

Table 3 BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Blue Roof	0	Yes	No	N/A
Extended Detention Basin	40-60	Yes	No	1
Manufactured Treatment Device^(h)	50 or 80	No	No	Dependent upon the device
Sand Filter^(c)	80	Yes	No	1
Subsurface Gravel Wetland	90	No	No	1
Wet Pond	50-90	Yes	No	N/A

Notes to Tables 1, 2, and 3:
(a)	Subject to the applicable contributory drainage area limitation specified at § 250-78D(15)(b).
(b)	Designed to infiltrate into the subsoil.
(c)	Designed with underdrains.
(d)	Designed to maintain at least a ten-foot-wide area of native vegetation along at least 50% of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation.
(e)	Designed with a slope of less than 2%.
(f)	Designed with a slope of equal to or greater than 2%.
(g)	Manufactured treatment devices that meet the definition of "green infrastructure" at § 250-78B.
(h)	Manufactured treatment devices that do not meet the definition of "green infrastructure" at § 250-78B.

An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with § 250-78F(2). Alternative stormwater management measures may be used to satisfy the requirements at § 250-78D(15) only if the measures meet the definition of "green infrastructure" at § 250-78B. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 250-78D(15)(b) are subject to the contributory drainage area limitation specified at § 250-78D(15)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at § 250-78D(15)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 250-78D(4) is granted from § 250-78D(15).

Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact on the groundwater table and design the site so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.

(9)

Design standards for stormwater management measures are as follows:

Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);

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 § 250-78H(3);

Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5 shall be deemed to meet this requirement;

Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 250-78H; and

The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of 2 1/2 inches in diameter.

(10)

Manufactured treatment devices may be used to meet the requirements of this section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at § 250-78B may be used only under the circumstances described at § 250-78D(15)(d).

(11)

Any application for a new agricultural development that meets the definition of "major development" at § 250-78B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 250-78D(15), (16), (17), and (18) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.

(12)

If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 250-78D(16), (17), (18) shall be met in each drainage area, unless the runoff from the drainage areas converges on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.

(13)

Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Middlesex County Administration Building, 4th Floor, 75 Bayard Street, New Brunswick, New Jersey, 08901. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 250-78D(15), (16), (17), and (18) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 250-78J(2)(e). Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.

(14)

A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to § 250-78D of this chapter and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Middlesex County Administration Building, 4th Floor, 75 Bayard Street, New Brunswick, New Jersey, 08901, and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with § 250-78D(13) above. Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality in accordance with § 250-78D(13) above.

(15)

Green infrastructure standards.

This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.

To satisfy the groundwater recharge and stormwater runoff quality standards at § 250-78D(16) and (17), the design engineer shall utilize green infrastructure BMPs identified in § 250-78D, Table 1, at § 250-78D(6), and/or an alternative stormwater management measure approved in accordance with § 250-78D(7). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:

Best Management Practice	Maximum Contributory Drainage Area
Dry Well	1 acre
Manufactured Treatment Device	2.5 acres
Pervious Pavement Systems	Area of additional inflow cannot exceed three times the area occupied by the BMP
Small-scale Bioretention Systems	2.5 acres
Small-scale Infiltration Basin	2.5 acres
Small-scale Sand Filter	2.5 acres

To satisfy the stormwater runoff quantity standards at § 250-78D(18), the design engineer shall utilize BMPs from § 250-78D, Table 1, or from § 250-78D, Table 2, and/or an alternative stormwater management measure approved in accordance with § 250-78D(7).

If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 250-78D(4) is granted from the requirements of this subsection, then BMPs from § 250-78D, Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with § 250-78D(7), may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 250-78D(16), (17), (18).

For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at § 250-78D(16), (17), and (18), unless the project is granted a waiver from strict compliance in accordance with § 250-78D(4).

(16)

Groundwater recharge standards. This subsection contains the minimum design and performance standards for groundwater recharge as follows:

The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 250-78E, either:

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

Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from preconstruction to post-construction for the two-year storm is infiltrated.

This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or to projects subject to § 250-78D(16)(d) below.

The following types of stormwater shall not be recharged:

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

Industrial stormwater exposed to source material. "Source material" means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.

(17)

Stormwater runoff quality standards.

This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of 1/4 acre or more of regulated motor vehicle surface.

Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:

Eighty percent TSS removal of the anticipated load, expressed as an annual average, shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.

If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load, expressed as an annual average.

The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under an NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with § 250-78D(17)(b) above, unless the major development is itself subject to an NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.

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 § 250-78D, Table 4, below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.

Table 4-Water Quality Design Storm Distribution
Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)
1	0.00166	41	0.1728	81	1.0906
2	0.00332	42	0.1796	82	1.0972
3	0.00498	43	0.1864	83	1.1038
4	0.00664	44	0.1932	84	1.1104
5	0.00830	45	0.2000	85	1.1170
6	0.00996	46	0.2117	86	1.1236
7	0.01162	47	0.2233	87	1.1302
8	0.01328	48	0.2350	88	1.1368
9	0.01494	49	0.2466	89	1.1434
10	0.01660	50	0.2583	90	1.1500
11	0.01828	51	0.2783	91	1.1550
12	0.01996	52	0.2983	92	1.1600
13	0.02164	53	0.3183	93	1.1650
14	0.02332	54	0.3383	94	1.1700
15	0.02500	55	0.3583	95	1.1750
16	0.03000	56	0.4116	96	1.1800
17	0.03500	57	0.4650	97	1.1850
18	0.04000	58	0.5183	98	1.1900
19	0.04500	59	0.5717	99	1.1950
20	0.05000	60	0.6250	100	1.2000
21	0.05500	61	0.6783	101	1.2050
22	0.06000	62	0.7317	102	1.2100
23	0.06500	63	0.7850	103	1.2150
24	0.07000	64	0.8384	104	1.2200
25	0.07500	65	0.8917	105	1.2250
26	0.08000	66	0.9117	106	1.2267
27	0.08500	67	0.9317	107	1.2284
28	0.09000	68	0.9517	108	1.2300
29	0.09500	69	0.9717	109	1.2317
30	0.10000	70	0.9917	110	1.2334
31	0.10660	71	1.0034	111	1.2351
32	0.11320	72	1.0150	112	1.2367
33	0.11980	73	1.0267	113	1.2384
34	0.12640	74	1.0383	114	1.2400
35	0.13300	75	1.0500	115	1.2417
36	0.13960	76	1.0568	116	1.2434
37	0.14620	77	1.0636	117	1.2450
38	0.15280	78	1.0704	118	1.2467
39	0.15940	79	1.0772	119	1.2483
40	0.16600	80	1.0840	120	1.2500

If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

R = A + B – (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

Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in § 250-78D(16), (17), and (18).

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.

The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.

Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.

(j)

These stormwater runoff quality standards do not apply to the construction of one individual single-family dwelling, provided that it is not part of a larger development or subdivision that has received preliminary or final site plan approval prior to December 3, 2018, and that the motor vehicle surfaces are made of permeable material(s) such as gravel, dirt, and/or shells.

(18)

Stormwater runoff quantity standards.

This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.

In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 250-78E, complete one of the following:

Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two-, ten-, and 100-year storm events do not exceed, at any point in time, the preconstruction runoff hydrographs for the same storm events;

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 100-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. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;

Design stormwater management measures so that the postconstruction peak runoff rates for the two-, ten- and 100-year storm events are 50%, 75% and 80%, respectively, of the preconstruction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or

In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with § 250-78D(18)(b)[1], [2], and [3] above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three, will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.

The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.

Calculation of stormwater runoff and groundwater recharge.

Stormwater runoff shall be calculated in accordance with the following:

The design engineer shall calculate runoff using one of the following methods:

The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey, 08873; or

The Rational Method for peak flow and the Modified Rational Method for hydrograph computations. The Rational and Modified Rational Methods are described in "Appendix A-9 Modified Rational Method" in the Standards for Soil Erosion and Sediment Control in New Jersey, January 2014. This document is available from the State Soil Conservation Committee or any of the Soil Conservation Districts listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number for each Soil Conservation District is available from the State Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625. The document is also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.

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 § 250-78E(1)(a)[1] and the Rational and Modified Rational Methods at § 250-78E(a)(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 has 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).

In computing preconstruction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce preconstruction stormwater runoff rates and volumes.

In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 — Urban Hydrology for Small Watersheds or other methods may be employed.

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.

Groundwater recharge may be calculated in accordance with the following: 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 https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf; or at New Jersey Geological Survey, 29 Arctic Parkway, P.O. Box 420, Trenton, New Jersey 08625-0427; (609) 984-6587.

Sources for technical guidance.

Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.

Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in § 250-78D, Tables 1, 2, and 3.

Additional maintenance guidance is available on the Department's website at: https://www.njstormwater.org/maintenance_guidance.htm.

Submissions required for review by the Department should be mailed to: The Division of Water Quality, New Jersey Department of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.

Solids and floatable materials control standards.

Site design features identified under § 250-78D(6) above, or alternative designs in accordance with § 250-78D(7) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 250-78G(1)(b) below.

Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

The New Jersey Department of Transportation (NJDOT) bicycle-safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or

A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inch across the smallest dimension.

Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.

For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.

The standard in § 250-78G(1)(a) above does not apply:

Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than 9.0 square inches;

Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;

Where flows from the water quality design storm as specified in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

A rectangular space 4.625 inches long and 1.5 inches wide (this option does not apply for outfall netting facilities); or

A bar screen having a bar spacing of 0.5 inch. Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle-safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2 and 5:21-7.4(b)1];

Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the water quality design storm as specified in N.J.A.C. 7:8; or

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 Jersey Register listed historic property.

Safety standards for stormwater management basins.

This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.

The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in § 250-78H(3)(a), (b), and (c) for trash racks, overflow grates, and escape provisions at outlet structures.

Requirements for trash racks, overflow grates and escape provisions.

A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management BMP to ensure proper functioning of the BMP outlets in accordance with the following:

The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;

The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;

The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack; and

The trash rack shall be constructed of rigid, durable, and corrosion-resistant material and designed to withstand a perpendicular live loading of 300 pounds per square foot.

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:

The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.

The overflow grate spacing shall be no less than two inches across the smallest dimension.

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.

Stormwater management BMPs shall include escape provisions as follows:

If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to § 250-78H(3), a freestanding outlet structure may be exempted from this requirement;

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 feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See § 250-78H(5) for an illustration of safety ledges in a stormwater management BMP; and

In new stormwater management BMPs, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.

Variance or exemption from safety standards.

A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.

Safety ledge illustration.

Elevation View - Basin Safety Ledge Configuration

Requirements for a site development stormwater plan.

Submission of site development stormwater plan.

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 § 250-78I(3) below as part of the submission of the application for approval.

The applicant shall demonstrate that the project meets the standards set forth in this section.

The applicant shall submit five copies of the materials listed in the checklist for site development stormwater plans in accordance with § 250-78I(3).

Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.

Submission of site development stormwater plan. The following information shall be required:

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.

Environmental site analysis: a written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.

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 will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions may also be provided.

Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of § 250-78C through J 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.

Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.

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.

Calculations.

Comprehensive hydrologic and hydraulic design calculations for the predevelopment and postdevelopment conditions for the design storms specified in § 250-78D.

When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high-water table, then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.

Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 250-78J.

Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in § 250-78I(3)(a) through (f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

Maintenance and repair.

Applicability. Projects subject to review as in § 250-78A(3) shall comply with the requirements of § 250-78J(2) and (3).

General maintenance.

The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.

The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.

If the maintenance plan identifies a person other than the property owner (for example, a developer or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.

Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.

The maintenance plan and any future revisions based on § 250-78J(2)(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.) of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.

The party responsible for maintenance identified under § 250-78J(2)(c) above shall perform all of the following requirements:

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;

Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and

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 § 250-78J(2)(f) and (g) above.

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 10 days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or county may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.

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.

Stormwater management BMPs responsibilities. The following shall apply to allocate responsibility for stormwater management BMPs:

A stormwater management facility required for a commercial or industrial development. Whenever a stormwater management BMP is required for a commercial or industrial development, the basin shall be a part of an individual lot owned and maintained by the property owner. No responsibility, maintenance or otherwise, shall be transferred to the Township.

Stormwater management facility required for a rental multifamily (e.g., apartments) development. Whenever a stormwater management BMP is required for a development approval for a rented multifamily building (e.g., apartments), the detention basin shall be a part of the development and provisions for long-term maintenance of the basin shall be established. No responsibilities, maintenance or otherwise, shall be transferred to the Township.

Stormwater management facility required for the development of a for-sale, multifamily (e.g., condos, townhouses, etc.) development. Whenever a stormwater management BMP is required for a developmental approval for a multifamily building which will be sold to individual owners, the stormwater management BMPs shall be part of a common open space owned by a homeowners' association. No responsibilities, maintenance or otherwise, shall be transferred to the Township.

Single-family detached dwellings requiring stormwater management BMPs. Whenever a stormwater management BMP is required in connection with developmental approvals for single-family detached dwellings, the long-term maintenance of the stormwater management BMP shall be the responsibility of the developer or the homeowners' association created for the residential development. The aforesaid obligation of maintenance shall be required by the approving board to be memorialized and recorded as a deed restriction on the lot involved. No such facility shall be modified or eliminated following issuance of the initial certificate of occupancy unless the Township of Old Bridge permits such modification or elimination, which shall be approved by the Township Engineer and the Planning or Zoning Board.

Dedication of easements. The approving board may require easements along drainage ways, natural watercourses, steep slopes and other unique botanical, historical, geological and paleontological areas located therein or adjacent to a proposed development. The easement shall be indicated on the plan and shall be marked on the land by iron pipes at angle points and or property corners at sufficient locations to enable the easements to be surveyed. In such cases, the approving board shall consult with the Township Planner, Township Engineer, and the Environmental Commission in determining the required shape and size of the easement. The easement shall be in a form approved by the approving board's attorney and shall include provisions assuring the following:

Preservation of the channel and floodplain of the watercourse, including the right to clean, de-snag and all such work necessary to maintain the shape, slope and water flow of the watercourse.

Prohibition of any removal of trees and other cleaning and grading not directly related to the preservation of the channel of a watercourse.

Grant of a right to the Township to install and maintain any drainage facilities necessary for the health and safety of the public.

Right-of-entry to the Township to install and maintain any drainage facilities therein.

Sump pumps and underdrains to be connected to stormwater sewer system.

All sump pumps or other forced pump systems which are installed below grade of any structure for the purpose of removing water which has infiltrated such structure shall be directly connected into the stormwater system.

All drainage collection systems which are installed below the surface of lands in any development (commonly referred to as "underdrains") shall be directly connected into the storm sewer system.

It shall be unlawful to disconnect any sump pump or underdrain which is connected to the storm sewer system. It shall be unlawful to connect any sump pump or underdrain to any sanitary sewer line or main. Any person violating this subsection shall be subject to the penalty set forth in § 250-100, Violations and penalties, of this chapter. Any person who continues to violate this subsection after receiving notice to terminate such violation shall be guilty of continuing violations. Each day such violation continues after notice to cease shall constitute a separate violation.

The requirements of this subsection shall be a mandatory condition of all development approvals granted by the Planning Board or Township Board of Adjustment. The said requirements shall also be applicable and enforceable with respect to any previously approved development or portion thereof which has not yet been constructed.

The Township Engineer may, upon his or her own initiative or upon request, waive the requirements of this subsection. Such waiver shall be based upon good engineering practice and a determination of hydrologic or soil conditions that proves that such a waiver is in the public interest.

Water facilities.

General requirements.

Necessary action shall be taken by the applicant to extend or create a water supply district for the purpose of providing a water supply system capable of providing water for domestic use and fire protection.

Where a public water main is accessible, the developer shall install adequate water facilities (including fire hydrants) subject to the specifications of the state and local authorities. All water mains shall be at least eight inches in diameter, except lines for domestic service only which may be six inches. All waterlines are to be looped wherever practical to provide for continuous flow.

Water main extensions shall be approved by the Municipal Utilities Authority of the Township.

To facilitate the above, the tentative location of all fire hydrants and waterlines shall be shown on the preliminary and final plan.

Individual well and central water systems.

At the discretion of the approving board, if a public water system is not available, individual wells may be used or a central water system provided in such a manner that an adequate supply of potable water will be available to the development. Water samples shall be submitted to the Health Department for its approval, and individual wells and central water systems shall be approved by the appropriate health and permitting authorities. Copies of all approvals shall be submitted to the approving board.

Appropriate grants shall be given to the fire district having jurisdiction over the property to utilize the individual wells and central water system for fire-fighting purposes and protection of the general health and welfare of the public.

If the approving board requires that a connection to a public water main be eventually provided as a condition to approval of an individual well or central water system, the applicant shall make arrangements for future water service at the time the plan receives final approval. Performance bonds or cash bonds shall be required to insure compliance with this provision.

Fire hydrants.

Fire hydrants shall be required for all development projects. Fire hydrants shall be located no more than 500 feet apart and within 250 feet of any structure, and their location shall be approved by the Township Fire Marshall. To eliminate future street openings, all underground utilities for fire hydrants, together with the fire hydrants themselves, and all other supply improvements shall be installed before any final paving of a street shown on the development plan.

Where more than one hydrant connects a waterline, the waterline shall be a minimum of eight inches in diameter up to the next-to-last hydrant. The last section of waterline to the last hydrant may be six inches. In the event that the waterline may be extended in the future, then the waterline shall be eight inches in diameter to its terminus.

Sewerage facilities.

General requirements. The applicant shall install sanitary sewer facilities in a manner prescribed by the Township Municipal Utilities Authority construction standards and specifications. All plans shall be designed in accordance with the rules, regulations and standards of said Authority Engineer, the Township Health Department, and other appropriate agencies. Plans shall be approved by the above agencies.

High-density residential and nonresidential districts. Sanitary sewerage facilities shall connect with public sanitary sewerage systems. Sewers shall be installed to serve each lot and to grades and sizes required by approving officials and agencies.

Low- and medium-density residential districts. Sanitary sewerage systems shall be constructed where a public sanitary sewerage system is reasonably accessible. The applicant shall connect with same and provide sewers accessible to each lot in the subdivision.

Individual disposal system requirements. If public facilities are not available and individual disposal systems are proposed, percolation tests and test holes shall be made as directed by the Township Health Officer. The individual disposal system, including the size of the septic tanks and size of the tile fields or other secondary treatment device, shall also be approved by the Health Officer.

Alternate sewerage treatment facilities. An applicant may consider the use of domestic sewerage for spray irrigation, where appropriate, to conserve use of potable water and recharge the aquifer especially in open space areas and on golf courses subject to the approval of the DEP.

Utilities; location. All utility facilities, except major transmission lines, including, but not limited to, gas, electric power, telephone and CATV cables, shall be located underground throughout the development. Wherever existing utility facilities are located above ground, except where existing on public roads and rights-of way, they shall be removed and placed underground. All utility facilities existing and proposed throughout the subdivision shall be shown on the preliminary plan and final plan.

Easements. Easements for water and sewer lines and other utilities shall be provided and be of the size and form required by the respective utility or authority.

Penalties. Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be guilty of maintaining a nuisance and upon conviction thereof before any court of competent jurisdiction shall be fined no less than $100 nor more than $500 and costs. Each day that such nuisance is maintained shall constitute a separate offense.

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.

Severability. If the provisions of any section, subsection, paragraph, subdivision, or clause of this section shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision, or clause of this section.

§ 250-79 Sign specifications.

Material specifications.

This section provides minimum standards of quality and performance for the basic materials used in the construction of signs.

Design and construction. Only materials permitted in the State of New Jersey Uniform Construction Code (N.J.A.C. 5:23 et seq.) and the conditions set forth in that code shall be used in the manufacture and installation of signs. The latest subcodes approved by the State of New Jersey shall apply.

[Amended 6-25-2007 by Ord. No. 2007-10]

Aluminum.

Structural. Structural requirements and allowable stresses shall conform to the requirements of the Uniform Construction Code.

Finishes. Anodized finishes shall conform to the "Aluminum Association Standards for Anodically Coated Aluminum Applications."

Plastic.

Approved plastic materials. Approved plastic materials shall be those meeting the requirements of the New Jersey State Uniform Construction Code.

[Amended 6-25-2007 by Ord. No. 2007-10]

Design and construction.

Plastic materials. The mechanical and thermal properties of plastics vary between manufacturers as well as types of plastics. This fact must be considered when designing sign faces. Manufacturer's recommendations will be utilized when available and applicable.

Wind load requirements. The sign face shall be designed to withstand the wind pressure specified in the New Jersey State Uniform Construction Code.[1]

Editor's Note: Amended at time of adoption of Land Development Codification (see Ch. 1, General Provisions, Art. IV).

Flat sign face. Flat sign faces shall be designed to limit deflection of the face from damaging internal lighting components or disengagement under positive wind loads, and from disengagement or suckout under negative wind loads without creating stress build-up in the face which will cause fracture or crazing of the plastic. The design must also insure against buckling and sagging of the face under the weight of the face and the design temperatures and otherwise provide for a visually acceptable appearance of the sign face.

Formed sign faces. Formed faces shall be designed in accordance with the same criteria specified for flat sign faces. In addition, the plastic manufacturer's recommendations for minimum inside edge and corner radii must be followed.

Design and construction. The general design and construction of fabricated plastic faces should be in accordance with the plastic manufacturer's recommendation.

Qualification. If, in the opinion of the Township Construction Code Official, the sign design does not meet the above standards, a certified record of a physical test of the sign face under design conditions must be submitted by the sign manufacturer to the Township Engineer for approval.[2]

Editor's Note: Amended at time of adoption of Land Development Codification (see Ch. 1, General Provisions, Art. IV).

[7]

Structural steel. Structural steel used in the construction of on-premises electrical signs must meet the requirements of the New Jersey State Uniform Construction Code. Exposed steel shall conform to A.I.S.C. Specifications for Architecturally Exposed Steel.[3]

Editor's Note: Amended at time of adoption of Land Development Codification (see Ch. 1, General Provisions, Art. IV).

[8]

Miscellaneous. All exposed metal, unless galvanized or noncorroding, shall be painted.

Installation specifications.

Wind loads. Signs and sign structures shall be designed and constructed to resist wind forces as specified in the Uniform Construction Code.

Seismic loads. Signs and sign structures shall be designed and constructed to resist seismic forces as specified in the Uniform Construction Code.

Combined loads. Wind and seismic loads need not be combined in the design of signs or sign structures; only that loading producing the larger stresses need be used. Vertical design loads, except roof live loads, shall be assumed to be acting simultaneously with the wind or seismic loads.

Allowable stresses. The design of wood, concrete, steel or aluminum members shall conform to the requirements of the Uniform Construction Code. Loads, both vertical and horizontal, exerted on the soil shall not produce stresses exceeding those specified in the Uniform Construction Code. The working stresses of wire rope and its fastenings shall not exceed 25% of the ultimate strength of the rope fasteners. Working stresses for wind or seismic loads combined with dead loads may be increased as specified in the Uniform Construction Code.

General. Signs and sign structures shall be designed and constructed to resist wind and seismic forces as specified in this section. All bracing systems shall be designed and constructed to transfer lateral forces to the foundations. For signs on buildings, the dead and lateral loads shall be transmitted through the structural frame of the building to the ground in such a manner as not to over-stress any of the elements thereof. The overturning moment produced from lateral forces shall, in no case, exceed 2/3 of the dead-load resisting moment. Uplift due to overturning shall be adequately resisted by proper anchorage to the ground or to the structural frame of the building. The weight of earth superimposed over footings may be used in determining the dead-load resisting moment. Such earth shall be carefully placed and thoroughly compacted.

Anchorage. Members supporting unbraced signs shall be so proportioned that the bearing loads imposed on the soil in either direction, horizontal or vertical, shall not exceed the sale values. Braced ground signs shall be anchored to resist the specified wind or seismic load acting in any direction. Anchors and supports shall be designed for safe bearing loads on the soil and for an effective resistance pullout amounting to a force 25% greater than the required resistance to overturning. Anchors and supports shall penetrate to a depth below ground greater than that of the frost line. Portable ground signs supported by frames or posts rigidly attached to the base will be adequate to resist the wind. Masonry, concrete, or steel shall be safely and securely fastened thereto by means of metal anchors, bolts or approved expansion screws of sufficient size and anchorage to support safely the loads applied. No wooden blocks or plugs or anchors with wood used in connection with screws or nails shall be considered proper anchorage except in the case of signs attached to wood framing. No anchor or support of any sign shall be connected to, or supported by, an unbraced parapet wall unless such wall is designed for seismic zones in the Uniform Construction Code.

Supports. The supports for all signs and sign structures shall be placed in or upon private property and shall be securely built, constructed, and erected in conformance with the requirements of this chapter. All signs shall be of such a design that all framework for the lateral support of the sign shall be contained within the sign's body or within the structures of the building to which it is attached in such a manner as not to be visible to any person. Exposed guy wires, chains or other connections should not be made as a permanent support of the sign. Where necessary, the projecting cantilever system shall be used to support signs, and the A-frame system should not be used. No sign nor any guy, stay or attachment thereto shall be erected, placed or maintained by any person on rocks, fences or trees, nor in such a manner as to interfere with any electric light, power, telephone or telegraph wires, or the support thereof.

Electrical. All wiring shall be contained in rigid conduit or enclosed in poles or raceways. In no case should the wiring be exposed to the view of the public. All electrical components, connections and installations shall conform to the New Jersey Uniform Construction Code, Electrical Subcode.

(9)

Clearance from high voltage power lines shall be located not less than six feet horizontally or 12 feet vertically from overhead electrical conductors which are energized in excess of 750 volts. The terms "overhead conductors" as used in this section means any electrical conductor, either bare or insulated, installed above the ground, except such conductors as are enclosed in iron pipe or other material covering of equal strength.

(10)

Clearance from fire escapes, exits or standpipes. No sign or sign structure shall be erected in such a manner that any portion of its surface or supports will interfere in any way with the free use of any fire escape, exit or standpipe.

(11)

Obstruction of openings. No sign shall obstruct any openings to such an extent that light or ventilation is reduced to a point below that which meets accepted safety standards. Signs erected within five feet of an exterior wall in which there are openings shall be constructed of noncombustible material or approved plastics.

§ 250-80 Open space.

The Township, by appropriate action of the governing body, may at any time, and from time to time, accept the dedication of land or any interest therein for public use and maintenance.

The developer utilizing an alternative development option, pursuant to Article VIII of this chapter, shall provide for an organization for the ownership and maintenance of any open space, including streets, for the benefit of owners or residents of the development, if said open space is not dedicated to and accepted by the Township. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Township.

In the event that such organization shall fail to maintain the open space in reasonable order and condition, the administrative officer may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof, and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the administrative officer may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be cured. If the said deficiencies set forth in the original notice or in the modification thereof shall not be cured within 35 days or any permitted extension thereof, the Township, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to public by the owner thereof. Before the expiration of said year, the administrative officer shall, upon his initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the administrative officer, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the administrative officer shall determine that such organization is ready and able to maintain said open space in reasonable condition, the Township shall cease to maintain such open space at the end of said year. If the administrative officer shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the Township may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the administrative officer in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the Township shall be assessed pro rata against the properties within the development that have a right of enjoyment of said open space in accordance with their assessed value at the time of imposition of the lien and shall become a lien on said properties to be added to and be a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officers and in the same manner as other taxes.

The appropriate documentation necessary to establish the open space organization hereinabove referred to shall contain the provisions set forth herein and shall be subject to the review and approval of the approving board attorney prior to filing or recording with the appropriate county or state agency.

§ 250-81 Town Centre Design Zone standards.

[Amended 7-9-2001 by Ord. No. 36-01]

In addition to the design standards otherwise set forth in this Article X, the design standards provided in the document entitled "Town Centre District Zoning and Design Standards" as revised June 21, 2001, are hereby incorporated into this chapter and shall be adhered to for all development in the Town Centre Design Zone. Where the standards contained therein conflict with the standards otherwise set forth in this article, the standards therein shall govern.

§ 250-82 Critical and sensitive areas.

The purpose of this section is to provide for the reasonable control of construction in areas containing critical or sensitive environmental features, where improper construction would result in a negative or irreversible impact on the environment. Development control shall be by means of special construction standards intended to promote the health, safety and general welfare of the public by minimizing adverse environmental impact.

Critical area requirements. Lands in which any development will have an adverse impact on the environment that cannot be mitigated shall be deemed critical and shall be identified by the following characteristics:

Property in or on tidal or coastal waters.

Tidal and coastal wetlands.

Freshwater wetlands.

Steep slopes greater than or equal to 30%. Slopes with a continuous vertical drop of less than four feet shall not be deemed critical for the purpose of this section.

Surface waters and floodways as delineated on the Flood Boundary and Floodway Maps of the Township of Old Bridge prepared by FEMA. Waterways with less than 50 acres of contributory drainage area to the downstream most point of the project site shall not be deemed to have a critical floodway.

Construction limitations in critical areas.

Notwithstanding any other provision of this chapter, no building or structure shall be erected, constructed or enlarged above or below ground level, nor shall any soil or vegetation be disturbed within a critical area except as permitted in this section.

No building or structure shall be erected, constructed or enlarged above or below ground level within 50 feet of the top of a critical steep slope as defined above. The Board may reduce the required distance based upon a finding by the Municipal Engineer that design adequately provides for the safety of the structure as well as the preservation of the slope.

A land disturbance permit shall be required prior to soil or vegetative disturbance on, or within 50 feet of, the top of a critical slope.

Permitted construction in critical areas. The following may be permitted by the Board in critical areas:

Dams, culverts, bridges or other drainage structures for the control of floodwaters, providing all approvals of applicable agencies are obtained, and that the Board finds that the facilities are designed in such manner so as not to result in unnecessary disturbance and the destruction of the natural character of the area.

Natural open spaces, woodland preserves, wildlife sanctuaries, and arboretums.

Utility mains, sewage pumping or metering stations and electrical transmission lines and appurtenances.

Game farms and hunting preserves.

Reforestation in accordance with recognized conservation practices and applicable agency approvals.

Recreation uses, such as parks, picnic groves, golf courses and hunting clubs.

Marine recreation uses, such as marinas, swimming, boating, canoeing, and fishing.

Accessory uses customarily incidental to any of the above, but excluding buildings, on-site sewage disposal or treatment facilities.

Considerations for development in critical areas. In considering construction in critical areas the Board may require the following:

A complete site plan showing the location, construction layout and details, phasing, and method of construction.

An environmental impact statement explaining the need for the facility and the short- and long-range impacts on the environment.

The proposed method of construction and any alternate methods customary for the facility proposed.

Sensitive area requirements. Sensitive areas are lands wherein additional caution is needed for development to take place, in order to protect against substantial detriment to the environment. Development control shall be by means of special performance standards intended to promote the health, safety and general welfare of the public by minimizing adverse environmental impact.

Sensitive areas shall be identified by the following characteristics:

Steep slopes: where the gradient is greater than or equal to 15%, but less than 30%. Slopes with a continuous vertical drop of less than five feet shall not be deemed sensitive for the purpose of this section.

Transition areas: pursuant to the New Jersey Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1 et seq.).

Special flood hazard areas: as designated (Zones A and B) on the current Flood Insurance Rate Maps of the Township of Old Bridge.

Stream encroachment areas but excluding the floodway of a stream or waterway as delineated or approved by NJDEP.

Nondelineated streams and waterways with less than 50 acres of contributory drainage area.

Shallow water table, where the depth to the seasonal high water table is less than four feet below the surface of the ground.

Aquifer outcrop areas, as indicated in the Natural Resource Inventory of the Township of Old Bridge.

Construction limitations in sensitive areas.

No building or structure shall be erected, constructed or enlarged above or below ground level within 35 feet of the top of a sensitive steep slope as defined above. The Board may reduce the required distance based upon a finding by the Municipal Engineer that the design adequately provides for the safety of the structure as well as the preservation of the slope.

Structures may be permitted in aquifer outcrop and shallow water tables, providing they comply with the requirements listed below.

Requirements for construction in sensitive areas. The following requirements shall supplement all other applicable standards of this chapter and those of any agency having jurisdiction:

Steep slopes

The removal of trees and the disturbance of soil shall be prohibited except in accordance with a plan approved by the Municipal Engineer and all applicable agencies.

Disturbed areas shall be fine graded (if necessary) and stabilized immediately following construction.

The flow of stormwater runoff above or upon the slope shall be disbursed, conveyed or otherwise controlled in a manner which will avert the concentration of surface flows.

Driveways shall be prohibited on steeps slopes unless it is demonstrated to the satisfaction of the board that no feasible alternative exists, in which case the driveway shall be graded to a maximum of 10%.

Transition areas. Construction may be permitted in New Jersey freshwater transition areas to the extent allowed by, and in accordance with, the standards of NJDEP.

Special flood hazard areas. Construction may be permitted in areas of special flood hazard in accordance with the rules and regulations of Chapter 198, Flood Damage Prevention, of the Code of the Township of Old Bridge.

Stream encroachment areas. Construction may be permitted in stream encroachment areas to the extent allowed by and in accordance with the standards of NJDEP.

Nondelineated streams. Construction shall not be permitted to alter, disrupt, or otherwise impede the flow of water in a nondelineated waterway except in accordance with a plan approved by the Municipal Engineer, applicable municipal board, and any agency having jurisdiction.

Shallow water table.

Basements and cellars shall be prohibited in lands containing a shallow water table unless it is demonstrated to the satisfaction of the Municipal Engineer and board that it will not significantly affect the water table or result in seepage through or excessive pressure on the foundation wall.

Stormwater detention/retention facilities shall be designed so as not to significantly affect nor be affected by the shallow water table. Detention basin beds shall be at least two feet above the seasonal high water table.

Filling to accommodate a septic system above the water table in accordance with N.J.A.C. 7:9A-1.1 et seq. (amendments to P.L. 1954, Chapter 199), may be permitted only where it is demonstrated that the grading will not adversely affect runoff from the site or otherwise negatively impact properties.

Underdrain systems may be required to intercept and convey water away from streets, parking areas and structures.

Aquifer outcrop area.

Construction shall be prohibited unless it is demonstrated to the satisfaction of the Municipal Engineer and board that it will not have significant short-term adverse effects nor any permanent or long-term negative impacts on the aquifer.

An aquifer recharge analysis and implementation plan demonstrating that the volume of infiltration for groundwater recharge will be maintained or exceeded in the post development state must be approved by the Board.

Infiltration structures, recharge swales and basin beds shall not be less than two feet above the seasonal high water table for filtration purposes.

Building foundations shall not be closer than 15 feet as measured on a horizontal plane to an infiltration system.

Water supply wells shall be separated by a minimum of 100 feet from infiltration structures or systems.