A.
RECORD PLAN
Definitions.
The amended plan specifying the locations, dimensions, elevations,
capacities and capabilities of structures or facilities as they have
been constructed.
B.
Standard of review. Any application for development
shall demonstrate conformity to design standards that will encourage
sound development patterns within the Township. Where either an Official
Map or Master Plan have been adopted, the development shall conform
to the proposals and conditions shown thereon. The streets, drainage
rights-of-way, school sites, public parks and playgrounds, scenic
sites, historic sites and flood control basins shown on the officially
adopted Master Plan or Official Map shall be considered in the approval
of plats. In accordance with good design practices, extreme deviations
from rectangular lot shapes and straight lot lines shall not be allowed
unless made necessary by special topographical conditions or other
special conditions acceptable to the approving authority. All improvements
shall be installed and connected with existing facilities or installed
in required locations to enable future connections with approved systems
or contemplated systems and shall be adequate to handle all present
and probable future development.
C.
Character of the land. Land which the approving authority
finds to be unsuitable for the intended lot(s) and their use due to
the flooding, improper drainage, steep slopes, soil conditions, adverse
topography, utility easements or other features which can reasonably
be expected to be harmful to the health, safety and general welfare
of the present or future inhabitants of the development and/or its
surrounding areas shall not be subdivided and site plans shall not
be approved unless adequate and acceptable methods are formulated
by the developer to solve the problems by methods meeting this chapter
and all other regulations.
D.
Plats straddling municipal boundaries. Whenever a
development abuts or crosses a municipal boundary, access to those
lots within the Township shall be from within the Township as the
general rule. Wherever access to a development is required across
land in an adjoining community as the exception, the approving authority
may require documentation that such access is legally established
and that the access road is adequately improved.
E.
Development name. The proposed name of the development
shall not duplicate or too closely approximate the name of any other
development in the municipality. The approving authority shall have
final authority to designate the name of the development, which shall
be determined prior to preliminary approval.
A.
General standards.
(1)
The Township recognizes that it is the applicant's
obligation to adequately provide for the welfare of those attracted
to the community by the development of the applicant's project. The
proper provision of open space and recreational facilities for those
individuals shall be addressed by the applicant in his presentation
before the reviewing board and considered by the reviewing board before
approval is granted. The reviewing board shall determine whether the
facilities within the area of the applicant's proposal are adequate
to service the needs of the proposal, and where they are deficient
it shall be the applicant's responsibility to provide for this need.
(2)
Any developer who proposes to dedicate any parcels
of land to the Township of Burlington for public areas, public drainageway,
public open space, public utilities or any other purpose must make
application to the Township Council for approval of the proposed matters
being offered for dedication prior to the Township's officials' signing
of the approved final development plan.
B.
Regulations.
(1)
Open space, general provisions.
(a)
Where a park, playground, recreation area, school
or other site for public use is proposed in whole or in part in the
applicant's development or natural site features are to be preserved
for public use, the method of reserving such areas for open space,
whether by easement, deed restriction, dedication, homeowners' association
or other means, shall be approved by the reviewing board. Where land
is dedicated to the Township, it shall be submitted to the governing
body for acceptance.
(b)
In the selection of the location of open spaces,
consideration shall be given to the preservation of natural features.
(2)
Developed open space.
(a)
In order to provide for the safety and general
welfare of the public, all residential developments which will result
in five or more dwelling units shall set aside no less than 1,500
square feet of developed open space per dwelling unit for recreational
functions.
(b)
Developed open space shall consist of developable
land devoid of buildings and other physical structures except for
outdoor recreational facilities. Developed open space shall not include
streets, drives, easements, walkways, parking lots or include school
sites, clubhouses, indoor recreational facilities or retention basins
not specifically designed for recreation use.
(c)
The location for and design of such areas shall
be approved by the reviewing board. The area specifically designated
for recreational purposes shall be fully usable for that purpose and
shall have all improvements as required by this chapter. Wherever
possible, recreation sites shall be located adjacent to school sites.
The applicant shall determine whether the land to be utilized for
recreational purposes shall remain for private recreational uses or
be dedicated for public use.
[1]
Exception.
[a]
In special circumstances in all
developments regardless of size and where due to the size, location
and design requirements of the development it is not feasible in the
opinion of the reviewing board to set aside such area or areas for
developed open space or improvements, the applicant shall make a payment
in lieu of the provision of such open space land or improvements to
the Township. Such payments shall be placed in a special recreational
open space land/improvements fund to be utilized solely for the purchase
of public recreational open space or improvements. The amount of the
payment shall be equal in size and character to the land or improvements
which would otherwise be provided within the development itself in
compliance with the regulations of this chapter. The amount of the
required payment shall be determined by the Township Engineer based
on current costs for the developed open space land and improvements
not provided. Said contribution shall be made to the Township prior
to the Township's officials' signing of the final subdivision plat
unless otherwise approved by the reviewing board and the Township
governing body.
[2]
Improvements.
[a]
The applicant shall install as
a minimum the following recreational facilities or their equivalent
on the land which has been set aside for recreational purposes:
Dwelling Units
|
Tot Lots
|
Tennis Courts
|
Basketball Courts
|
Multipurpose Fields
|
---|---|---|---|---|
1 to 4
| ||||
5 to 25
|
1
| |||
25 to 50
|
1
|
1
| ||
51 to 100
|
1
|
1
|
1
| |
101 to 150
|
1
|
1
|
1
| |
151 to 200
|
2
|
2
|
2
| |
201 to 250
|
2
|
2
|
1
|
1
|
251 to 300
|
3
|
3
|
2
|
1
|
301 to 350
|
3
|
3
|
3
|
1
|
351 to 400
|
4
|
4
|
3
|
2
|
401 to 450
|
4
|
4
|
3
|
2
|
451 to 500
|
5
|
5
|
3
|
2
|
Plus 1 for every 100 units or fraction thereof
over
|
Plus 1 for every 200 units or fraction thereof
over
|
Plus 1 for every 125 units or fraction thereof
over
|
Plus 1 for every 200 units or fraction thereof
over
|
[b]
If in the opinion of the reviewing
board it is not feasible for the applicant to install all or some
of the required tennis courts or basketball courts due to the size,
location, and design requirements of the development, then the applicant
shall make a payment in lieu of the provision of said improvements
as specified above under the paragraph entitled "exception."
(3)
Undeveloped open space. Undeveloped space for parks
and for preserving natural features in an undisturbed state shall
be provided in accordance with the following standards:
(a)
Land area shall be based upon a minimum ratio
of one acre of land per 50 dwelling units or fraction thereof with
a minimum of four acres, except that, in special circumstances where
due to the size, location and design requirements of the development
it is not feasible in the opinion of the reviewing board to set aside
such area or areas for undeveloped open space, a lesser amount may
be permitted.
(b)
No removal of natural growth, grading or depositing
of debris shall be permitted in any area designated as a proposed
park or other public site.
(4)
Maintenance requirements for dedicated stormwater
management facilities.
[Amended 9-12-2006 by Ord. No. 06-OR-028]
(a)
Concurrent with the Township accepting dedication and responsibility for any property containing stormwater management facilities, to include appurtenant structures and improvements, provided by the applicant for a development and voluntarily dedicated to the Township in accordance with § 330-76G of this chapter, a payment shall be made to the Township to defray the estimated costs of maintenance of the stormwater management facilities, unless waived by Township Council. Such payment shall be based on the estimated cost of maintenance for the useful (design) life of the improvement or a minimum of 10 years, whichever is greater, and shall be submitted to the Township Administrative Officer concurrent with the release of the performance guarantee(s) associated with the development. All payments under the provisions of this chapter shall be placed in a special stormwater facility maintenance fund to be utilized solely for the maintenance of publicly dedicated stormwater management facilities. The amount of the required payment shall be determined by the Township Engineer based on the following:
Formula:
| ||
---|---|---|
P = A(P/A, i%, n)
|
Where:
| ||||
---|---|---|---|---|
P
|
=
|
Present payment amount required to fund the
Township's annual operating cost for maintenance of stormwater management
facilities and all appurtenant improvements.
| ||
A
|
=
|
Total annual operating cost to Township, stormwater
management facilities, and all appurtenant improvements.
| ||
(P/A, i%, n) =
|
Uniform Series Present Worth Factor based on
the effective interest rate (i%) and the period (n) over which the
annual operating cost is incurred.
|
(b)
In consideration of the above payment and upon
satisfactorily addressing all other terms, conditions and punch lists
for acceptance of the entire project, as outlined in the applicable
performance bond release letter issued by the reviewing board engineer,
the Township will accept dedication and responsibility for stormwater
management facilities and all appurtenant improvements.
(c)
These maintenance requirements shall apply to
all applications for development that have not received preliminary
and/or final approval.
A.
General standards. Apartments and townhouses are regulated
and shall be reviewed to promote the establishment of appropriate
population densities and concentrations that will contribute to the
well-being of persons, neighborhoods, communities and regions, provide
for the preservation of the environment, provide sufficient space
in appropriate locations for a variety of residential uses in order
to meet the needs of a variety of citizens and promote a desirable
visual environment through creative development techniques and good
civic designs.
B.
Regulations. No apartments or townhouses shall be
erected unless public or private central water supply and a central
sanitary sewer system are provided as approved by appropriate state,
county and local regulatory agencies and until the site plan has been
reviewed and approved by the reviewing board and the Board of Fire
Engineers.
(1)
Overall theme. Each overall development shall have
a compatible architectural and landscaping theme with variations in
design to provide attractiveness to the development. Each project
shall specify how each of the following considerations has been incorporated
in the overall plans: landscaping technique; building orientation
to the site and to other structures; topographical natural features
such as wooded areas, drainagecourses, soil conditions, and topographic
relief; and building design features such as varying unit widths,
staggering unit setbacks, providing different exterior materials,
changing rooflines and roof designs, altering building heights and
changing types of windows, shutters, doors, porches, colors and vertical
or horizontal orientation of the facades, singularly or in combination.
(2)
Configuration.
(a)
The configuration of structures may be any alignment
that meets the yard requirements and does not exceed the following
overall or component building lengths:
(b)
Any passageway between two structures which
has a roof attached to both structures shall be included in calculating
these lengths. Structures, as measured along the center line, shall
provide one opening at ground level at least every 200 feet. This
opening shall be a minimum of 15 feet in clear width and a minimum
of 12 feet in clear height and located so that the floor level is
at an elevation not more than eight inches above or below the finished
grade of the adjoining ground. The configuration of townhouse structures
may be any alignment that meets the yard requirements but has not
less than four nor more than eight units in one overall structure.
(3)
Subsurface living area. No dwelling unit shall have
a living area level lower than the finished grade along the front
of the structure.
(4)
Open space. All required open space shall be improved
for the purposes intended as shown on the plan.
(5)
Density. No development shall exceed the density specified
in this chapter.
(6)
Recreation area. Recreational facilities within an
apartment or townhouse development shall be located in the designated
developed open space areas, which shall be located outside of the
yard areas of each structure. The specific location of any recreational
facilities shall be given consideration to the proximity of structures,
type of recreational facility proposed, expected noise level and evening
illumination which may create a possible nuisance for residents, and
expected pedestrian traffic across major interior roads or driveways.
A.
General standards. The Township of Burlington encourages
the appropriate and efficient use of land, the development of appropriate
transportation systems, and the promotion of a desirable, visual environment
through creative development techniques and establishes the policy
that a coordinated bikeway and pedestrian path system be developed
within the community.
B.
Regulations. Bikeways or pedestrianways shall be required
at the reviewing board's discretion, depending on the probable volume
of bicycle and foot traffic, the development's location in relation
to other populated areas or its location with respect to any overall
bike or pedestrian route plan adopted by the Township. Bicycle traffic
shall be separated from motor vehicle and pedestrian traffic as much
as possible. Bikeways and pedestrian paths shall generally not exceed
a grade of 3%, except for short distances, and they should be a minimum
of five feet wide for one-way and eight feet wide for two-way travel.
Bikeways shall have a minimum four-inch base of crushed stone on the
subgrade and a two-inch FABC-1 surface course. Where separate bike
paths intersect streets, the curbing shall be ramped for bicycle access
to the street grade. Bikeways designated for one-way travel shall
only be located along streets. Minimum width for bikeways built in
locations other than along streets is eight feet. The reviewing board
may, where promotion of proper design would suggest, modify the construction
standards set forth above to require less stringent requirements to
provide for the harmonious development of a project.
A.
General standards. Block length and width or acreage
within bounding roads shall be such as to accommodate the size of
lot required by Township ordinances and to provide for convenient
access, circulation control and safety of street traffic. For commercial,
group housing, or industrial use, block size shall be sufficient to
meet all area and yard requirements for such use.
B.
Regulations.
(1)
Block lengths. It is recognized that setting minimum
and maximum block length standards must be related to sound planning
principles and to the varying densities and lot widths specified in
this chapter. To provide for this needed flexibility, the minimum
and maximum length of a block shall be governed by the minimum and
maximum number of lots specified in each lot width category in the
following schedule:
Schedule of Minimum and Maximum Block
Length Standards
| ||||
---|---|---|---|---|
Lot Width Categories
(feet)
|
Minimum Number of Lots
|
Maximum Number of Lots
|
Recommended Standard Number of Lots
| |
100 or less
|
5
|
15
|
10 to 12
| |
101 to 120
|
5
|
12
|
9 to 11
| |
121 to 160
|
4
|
9
|
7 to 8
| |
161 to 200 or more
|
3
|
7
|
5 to 6
|
(a)
A block shall fit into a specific lot width
category when the width of not less than 75% of the lots measured
at the front building setback line falls within a specific ten-foot
lot frontage category.
(b)
Block lengths shall fall within the minimum
and maximum required standards; however, a developer should take notice
of the recommended standard for block lengths. This recommended standard
is set forth as an ideal standard for the majority of the blocks in
the proposed subdivision. Some deviation from this recommended standard,
however, is considered desirable in the interest of variety and good
subdivision design.
(2)
Block-end planting. In cases where lot and block design
results in undesirable sighting down rear property lines from block
ends, a landscape screen of evergreen trees not less than six feet
in height shall be provided at block ends by the developer. The screen
shall be a minimum of 30 feet in length and centered on the rear property
line.
A.
General standards. Buffer areas and screening shall
require site plan or subdivision approval and are required along all
lot lines and street lines which separate a nonresidential use from
either an existing residential use or residential zoning district
and where specified elsewhere in this chapter. Buffer areas shall
also be provided between residential buildings of different types
in multifamily or PRD developments. Buffer areas shall be developed
in an aesthetic manner for the primary purposes of screening views
and reducing noise perception beyond the lot. Buffer widths shall
be measured horizontally and perpendicularly to lot and street lines.
No structure, activity, storage of materials or parking of vehicles
shall be permitted in a buffer area. These standards are intended
to provide flexibility in order to provide effective buffers and screens.
The location and design of buffers and screens shall consider the
use of the portion of the property being screened, the distance between
the use and the adjoining property line, differences in elevations,
the composition, height and width of the buffer, and natural features.
Buffers shall be designed, planted, graded, landscaped and developed
with the general guideline that the closer a use or activity is to
a property line or the more intense the use the more effective the
buffer area must be in obscuring light and vision and reducing noise
beyond the lot.
B.
Regulations.
(1)
Buffer content and location.
(a)
Except as otherwise provided in § 330-37G, buffers shall be a minimum of 15 feet wide. Buffers shall be designed, planted, graded and landscaped to provide an aesthetically pleasing separation of uses. In meeting this standard, the applicant may employ one or more of the following:
[1]
Fencing or wall screening in landscaped areas.
[2]
Evergreen tree or shrubbery screening in a landscaped
area.
[3]
A landscaped berm having a minimum height of
six feet with three-to-one side slopes.
[4]
Except as in § 330-37G, where greater area is utilized, locating a proposed building within a minimum setback of 200 feet from the residential zone or the setback average ground slope in the setback area of less than 20%. Landscaping and trees shall be provided in this area.
[5]
A parking area setback that is screened as required
under the off-street parking provisions of this chapter.
(b)
If in the judgment of the approving authority
any of these alternate provisions will not provide sufficient buffers
for the portion of the site proposed, the approving authority may
require the development plan to be modified to show the extension
of the buffer area or require that the proposed alternatives be landscaped
differently or be relocated until, in the approving authority's judgment,
they provide the desired buffering effect.
(2)
Buffer material and natural foliage. All buffer areas
shall be planted and maintained with either grass or ground cover
together with a screen of live shrubs or scattered planting of live
trees, shrubs or other plant material. The preservation of all natural
wooded tracts shall be an integral part of all development plans and
may be calculated as part of the required buffer area, provided that
the growth is of a density and the area has sufficient width to serve
the purpose of a buffer. Additional plantings may be required by the
reviewing board to establish an appropriate tone for an effective
buffer.
(3)
Screening.
(a)
Screening shall be provided with buffer strips
or as required elsewhere in this chapter so as to provide a year-round
visual or partial acoustical barrier to conceal the view or sounds
of various utilitarian operations and uses from the street or adjacent
properties.
(b)
Screening shall be so placed that at maturity
it will not be closer than three feet from any street or property
line.
(c)
All plants for screening shall be of a species
common to the area, be of balled and burlapped nursery stock, and
be free of insects and disease. Plants which do not live shall be
replaced within two years or two growing seasons. (Screen plantings
shall be broken at points of vehicular and pedestrian ingress and
egress to assure a clear sight triangle at all street and driveway
intersections.)
(d)
Screening shall consist of the following materials:
[1]
Solid masonry. A solid masonry wall not less
than five feet six inches above ground level.
[2]
Solid fencing. A solid fencing, uniformly painted
or of a naturally durable material such as cedar, cypress or redwood,
not less than six feet above ground level and open to the ground to
a height of not more than four inches above ground level.
[3]
Shrubbery.
[a]
Low type shrubbery screening may
be used in and around parking areas, roadways or accessways where
sight distances for vehicular and pedestrian traffic are a prime consideration.
Shrubbery shall be a minimum of three feet high when planted and be
of such density as will obscure, throughout the full course of the
year, the glare of automobile headlights emitted from the premises.
[b]
All other shrubbery for screening
shall be a minimum of five feet high at the time of planting.
[c]
Dense hedges of shrubbery planted
at a maximum of 30 inches on center may be used.
[4]
Trees. Trees for screening shall be evergreens
having a minimum height of five feet above the ground when planted.
Trees shall be placed five feet on centers in a single row, or five
feet on centers in two or more staggered rows with a five-foot separation
between rows. Evergreens may be supplemented with deciduous trees
having a minimum eight-foot height at time of planting with a minimum
caliper of 1 1/2 inches.[1]
A.
General standards. The Township determines that the
provision of curbs and gutters will properly provide for the efficient
disposal of stormwater drainage, prevent soil erosion and preserve
the condition of roadways, and thus promote the general health, safety
and welfare of the community; therefore, as a condition of development
plan approval, applicants shall be required to install curbs and gutters
adequate to provide for the purposes set forth above.
B.
Regulations.
(1)
Concrete curb with gutter or concrete curb or Belgian
block curb shall be installed along every street within the development
and at intersections with Township roads, county roads and state highways.
The standard curb section to be used shall be not more than 20 feet
in length with dummy joints to be cut at midpoint between expansion
joints. Curbs shall be set in accordance with approved lines and grades.
Radial curbs shall be formed having a smooth curve. Chord segments
are prohibited.
(2)
Vertical concrete curb shall be used in all areas
except that monolithic curb and gutter shall be used when the center-line
grade is less than 3/4%. All curb shall conform to the standard detail
drawings.
(3)
At locations specified by the reviewing board, the
curbing shall be designed to provide a ramp for bicycles and the physically
handicapped. This ramp shall conform to the design considerations
outlined under the sidewalk provisions of the chapter.
[Amended 5-23-2006 by Ord. No. 06-OR-020; 2-13-2007 by Ord. No. 07-OR-001; 2-9-2021 by Ord. No. 2021-OR-002]
A.
General.
(1)
Policy statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure best management practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low-impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
(2)
Purpose. It is the purpose of this section to:
(a)
Establish minimum stormwater management requirements and controls for "major development," as defined in Subsection B, or any improvements which may create an adverse drainage impact.
(b)
Assure the stormwater management design and methodology for
new development and redevelopment is consistent with the goals, strategies,
and design and performance standards set forth in the Burlington Township
Municipal Stormwater Management Plan.
(3)
Applicability.
(a)
This section shall be applicable to all site plans and subdivisions
for the following major developments that require preliminary or final
site plan or subdivision review:
(b)
This section shall also be applicable to all major developments
undertaken by Burlington Township.
(c)
This section shall also be applicable to any improvements requiring
a Planning or Zoning Board approval or use permit and which will result
in an overall net increase in stormwater peak runoff rates or volumes,
which in the opinion of the reviewing board engineer or Township Engineer
may create an adverse impact due to existing site conditions; the
absence of drainage facilities; or a lack of capacity within the existing
stormwater management system to which runoff is being conveyed.
(4)
Compatibility with other permit and ordinance requirements. Development
approvals issued for subdivisions and site plans pursuant to this
section are to be considered an integral part of development approvals
under the subdivision and site plan review process and do not relieve
the applicant of the responsibility to secure required permits or
approvals for activities regulated by any other applicable code, rule,
act, or ordinance. In their interpretation and application, the provisions
of this section shall be held to be the minimum requirements for the
promotion of the public health, safety, and general welfare. This
section is not intended to interfere with, abrogate, or annul any
other ordinances, rule or regulation, statute, or other provision
of law except that, where any provision of this section imposes restrictions
different from those imposed by any other ordinance, rule or regulation,
or other provision of law, the more restrictive provisions or higher
standards shall control.
B.
CAFRA CENTERS, CORES OR NODES
CAFRA PLANNING MAP
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
DISTURBANCE
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOODS
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
(1)
(2)
(3)
(4)
MAXIMUM EXTENT PRACTICABLE
MOTOR VEHICLE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
(1)
(2)
(3)
(4)
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
(3)
REVIEWING BOARD ENGINEER
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
TIDAL FLOOD HAZARD AREA
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONES
URBAN REDEVELOPMENT AREA
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this 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.
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this chapter.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the Board of County Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission, such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. In the case of development of agricultural land,
"development" means: any activity that requires a state permit, any
activity reviewed by the County Agricultural Board (CAB) and the State
Agricultural Development Committee (SADC), and municipal review of
any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1
et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
Neighborhoods designated by the Urban Coordinating Council
in consultation and conjunction with the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's landscape project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's landscape
project as approved by the Department's Endangered and Nongame Species
Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a 14-digit hydrologic unit boundary designation, delineated within
New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual development, as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of regulated impervious surface
since February 2, 2004;
The creation of 1/4 acre or more of regulated motor vehicle
surface since March 2, 2021; or
A combination of Subsection (2) and (3) above that totals an area of 1/4 acre or more. The same surface shall not be counted twice when determining if the combination area equals 1/4 acre or more.
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection (1), (2), (3), or (4) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."
|
The implementation of BMPs for a particular site when considering
various factors, to include physical conditions, economic viability,
project size and location within the watershed, and such other factors
as may be considered by the reviewing board.
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.
The Township of Burlington.
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 that best management practice to contribute to compliance with the 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 Subsection C(2)(f) 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.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, ground waters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or
Quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant, where the water quality treatment will be modified or removed.
The duly appointed Planning Board or Zoning Board Engineer.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the Official Map of these
goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
A device, excavation or embankment and related areas designed
to retain stormwater runoff and includes measures that are intended
to reduce, control and/or treat stormwater runoff impacts through
sound site planning and design. A stormwater management BMP may either
be normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
Previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or one-hundred-year storm, flood hazard
area limit, and/or floodway limit of the water. Examples of a water
control structure may include a bridge, culvert, dam, embankment,
ford (if above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
A regulated area that is inundated or saturated by surface
water or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances does support, a prevalence of
vegetation typically adapted for life in saturated soil conditions,
commonly known as "hydrophytic vegetation."
C.
General standards.
(1)
Design and performance standards for stormwater management measures.
(a)
All developments shall be required to provide for surface drainage
within the limits of the project to insure it will not create a burden
to the ultimate users of the property or create an adverse off-site
effect. All streets shall be provided with catch basins and pipes
where the same may be necessary for proper surface drainage. The stormwater
management system shall be adequate to convey and/or store runoff
and natural drainage water which originates within the development
boundaries and that which also originates beyond the development boundaries
but which passes through the development. Calculations shall be based
upon the maximum potential development as permitted under this section.
No stormwater runoff or natural drainage water shall be so diverted
as to overload existing drainage systems or create flooding or the
need for additional drainage structures on adjacent lands without
proper and approved provisions being made for managing these conditions.
Stormwater management measures for non-major development projects
may be required, at the discretion of the reviewing board engineer
or Township Engineer, to incorporate any of the strategies and to
meet the standards set forth in this section, depending on the specific
impact of project.
(b)
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:
[1]
The minimum standards for erosion control are those established
under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq.,
and implementing rules at N.J.A.C. 2:90.
[2]
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
(c)
The standards in this section 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.
(2)
Stormwater management requirements for major development.
(a)
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection C(7)(c)[7].
(b)
Stormwater management measures shall avoid adverse impacts of
concentrated flow on habitat for threatened and endangered species
as documented in the Department's Landscape Project or Natural Heritage
Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
(c)
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection C(2)(o), (p) and (q):
[1]
The construction of an underground utility line provided that
the disturbed areas are revegetated upon completion;
[2]
The construction of an aboveground utility line, provided that
the existing conditions are maintained to the maximum extent practicable;
and
[3]
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.
(d)
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection C(2)(o), (p) and (q) 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:
[1]
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
[2]
The applicant demonstrates through an alternatives analysis
that, through the use of stormwater management measures, the option
selected complies with the intent of this chapter to the maximum extent
practicable;
[3]
The applicant demonstrates that, in order to comply with the
requirements of this chapter, existing structures currently in use,
such as homes and buildings, would need to be condemned; and
[4]
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation, lands not falling under Subsection C(2)(d)[3] above, within the upstream drainage area of the receiving stream that would provide additional opportunities to mitigate those requirements which were not achievable on site;
[5]
The applicant demonstrates that implementing the stormwater
management measures would present an adverse impact to public health,
safety or the environment.
(e)
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 this section. When designed in accordance
with the most current version of the New Jersey Stormwater Best Management
Practices Manual, the stormwater management measures found at N.J.A.C.
7:8-5.2(f), Tables 5-1, 5-2 and 5-3 and listed below in Tables 1,
2 and 3, are presumed to be capable of providing stormwater controls
for the design and performance standards as outlined in the tables
below.
[1]
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.
[2]
Where the BMP tables in the NJ Stormwater Management rules are
different due to updates or amendments with the tables in this section,
the BMP Tables in the Stormwater Management rules 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
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Cistern
|
0%
|
Yes
|
No
|
—
|
Dry well(a)
|
0%
|
No
|
Yes
|
2
|
Grass swale
|
50% or less
|
No
|
No
|
2(e)
1(f)
|
Green roof
|
0%
|
Yes
|
No
|
—
|
Manufactured treatment device(a),(g)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
Pervious paving system(a)
|
80%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small-scale bioretention basin(a)
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small-scale infiltration basin(a)
|
80%
|
Yes
|
Yes
|
2
|
Small-scale sand filter
|
80%
|
Yes
|
Yes
|
2
|
Vegetative filter strip
|
60% to 80%
|
No
|
No
|
—
|
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
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Bioretention system
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Infiltration basin
|
80%
|
Yes
|
Yes
|
2
|
Sand filter(b)
|
80%
|
Yes
|
Yes
|
2
|
Standard constructed wetland
|
90%
|
Yes
|
No
|
N/A
|
Wet pond(d)
|
50% to 90%
|
Yes(i)
|
No
|
N/A
|
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
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Blue roof
|
0%
|
Yes
|
No
|
N/A
|
Extended detention basin
|
40% to 60%
|
Yes
|
No
|
1
|
Manufactured treatment device(h)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
Sand filter(c)
|
80%
|
Yes
|
No
|
1
|
Subsurface gravel wetland
|
90%
|
No
|
No
|
1
|
Wet pond
|
50% to 90%
|
Yes
|
No
|
N/A
|
NOTES TO TABLES 1, 2, AND 3:
| |
---|---|
(a)
|
Subject to the applicable contributory drainage area limitation specified in Subsection C(2)(n)[2].
|
(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" in Subsection B.
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" in Subsection B.
|
(i)
|
Storage may only be presumed to be available above the elevation
of seasonal high groundwater.
|
(f)
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 Subsection C(4)(b). Alternative stormwater management measures may be used to satisfy the requirements in Subsection C(2)(n) only if the measures meet the definition of green infrastructure at Subsection B. Alternative stormwater management measures that function in a similar manner to a BMP listed in Subsection C(2)(n)[2] are subject to the contributory drainage area limitation specified therein for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection C(2)(n)[2] shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection C(2)(d) is granted.
(g)
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.
(h)
Design standards for stormwater management measures are as follows:
[1]
Stormwater management measures shall be designed to consider
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).
[2]
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection C(5)(a).
[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, 7.4, and 7.5 shall
be deemed to meet this requirement.
[4]
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs in Subsection C(6).
[5]
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.
[6]
The general design of all stormwater management facilities shall
conform with the criteria set forth in the New Jersey Department of
Environmental Protection's Best Management Practices Manual, as amended,
and N.J.A.C. 5:21-7.8, with the following additional requirements:
[a]
In those cases where the construction of an emergency
spillway is not physically possible, and the stormwater management
basin is not equipped with an outlet structure that is designed to
function as the principal spillway, the basin shall be designed to
store the volume of runoff generated by back-to-back 100-year design
storms.
[b]
Infiltration basins shall be constructed with an
infiltration trench along the bottom of the basin. The trench shall
be a minimum of three feet wide and three feet deep and shall be lined
(bottom and both sides) with an approved filter fabric and filled
with coarse aggregate. It shall extend for the full length of the
basin bottom in its longest dimension.
[c]
Wet ponds shall be designed with a minimum pool
depth of four feet. If required by the reviewing board engineer, wet
ponds shall be provided with an aerator and a water service to allow
for replenishing the pond during extended periods of dry weather.
[d]
Any basin or other stormwater management facility located within 400 feet of a residential dwelling or public road, which will pond water to a depth greater than 18 inches, is required to be completely enclosed with a minimum four-foot-high fence with lockable gate in accordance with Chapter 590, Water Collection Areas; Excavation Fencing, of the Code of Burlington Township.
[e]
An emergency spillway shall be provided for all
stormwater management basins. The spillway shall be designed to safely
convey the calculated basin inflow resulting from a 100-year frequency
storm. The minimum elevation of the top of the basin berm shall be
designed to be one foot or greater than the water surface elevation
in the basin when runoff from the 100-year frequency storm passes
over the emergency spillway. Potential settlement shall be considered
in this design. In those cases where the construction of an emergency
spillway is not physically possible, and the stormwater management
basin is not equipped with an outlet structure that is designed to
function as the principal spillway, the basin shall be designed to
store the volume of runoff generated by back-to-back 100-year design
storms.
[f]
For the purpose of calculating runoff curve numbers,
the surface area below the elevation of the 100-year design storm
in any stormwater management surface BMP that does not provide groundwater
recharge in accordance with Tables 1, 2 and 3 herein shall be considered
to be impervious.
[g]
Basins and other stormwater facilities which are
designed with a positive outflow shall discharge into a stable outlet
structure, whether natural or man-made. Stability calculations based
on the 100-year design storm outflow shall be submitted to the County
Soil Conservation District.
[h]
Design engineers shall locate basins and other
stormwater facilities so as to not interfere with or adversely affect
existing surface waters on or adjacent to the site. Excavation for
extended detention facilities shall be designed to be the maximum
practical distance above seasonal high groundwater elevation. Extended
detention basins shall be designed to completely empty after a rainstorm
occurs and have standing water for a short period of time during a
storm.
(i)
Manufactured treatment devices may be used to meet the requirements of this section, provided the pollutant removal rates are verified by the NJ Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" in Subsection B may be used only under the circumstances described in Subsection C(2)(n)[4].
(j)
Any application for a new agricultural development that meets the definition of major development in Subsection B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements in Subsection C(2)(n), (o), (p) and (q) 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.
(k)
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards in Subsection C(2)(o), (p) and (q) shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
(l)
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the Burlington County Clerk. A form of deed notice shall be submitted to the Township Engineer 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 in Subsection C(2)(n), (o), (p) and (q) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 U.S. feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection C(8)(b)[5]. Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the Township Engineer and Township Clerk. 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 Township Engineer and Township Clerk within 180 calendar days of the authorization granted by the municipality.
(m)
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 Subsection C(2) 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 Office of the Burlington County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection C(2)(l). Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality in accordance with Subsection C(2)(l).
(n)
Green infrastructure standards.
[1]
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.
[2]
To satisfy the groundwater recharge and stormwater runoff quality standards in Subsection C(2)(o) and (p), the design engineer shall utilize green infrastructure BMPs identified in Table 1 herein and/or an alternative stormwater management measure approved in accordance with Subsection C(2)(f). 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
|
[4]
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection C(2)(d) is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection C(2)(f) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards in Subsections C(2)(o), (p) and (q).
[5]
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility, 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 in Subsection C(2)(o), (p) and (q) unless the project is granted a waiver from strict compliance in accordance with Subsection C(2)(d).
(o)
Groundwater recharge standards.
[1]
This subsection contains the minimum design and performance
standards for groundwater recharge.
[2]
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations in Subsection C(3), either:
[a]
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
[b]
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.
[3]
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection C(2)(o)[4] below.
[4]
The following types of stormwater shall not be recharged:
[a]
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
[b]
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.
(p)
Stormwater runoff quality standards.
[1]
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.
[2]
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:
[a]
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.
[b]
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.
[3]
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection C(2)(p)[2] above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
[4]
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4 below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
Table 4
Water Quality Design Storm Distribution
| |||||
---|---|---|---|---|---|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
[5]
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
R = A + B - (A x B)/100
|
Where:
| ||
R
|
=
|
Total TSS percent load removal from application of both BMPs
|
A
|
=
|
TSS percent removal rate applicable to the first BMP
|
B
|
=
|
TSS percent removal rate applicable to the second BMP
|
[6]
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection C(2)(o), (p) and (q).
[7]
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.
[8]
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 1 waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category 1 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.
[9]
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3.i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
[10]
This stormwater runoff quality standards do not
apply to the construction of one individual single-family dwelling,
provided that it is not part of a larger development or subdivision
that has received preliminary or final site plan approval prior to
December 3, 2018, and that the motor vehicle surfaces are made of
permeable material(s) such as gravel, dirt, and/or shells.
(q)
Stormwater runoff quantity standards.
[1]
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
[2]
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations in Subsection C(3), complete one of the following:
[a]
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;
[b]
Demonstrate through hydrologic and hydraulic analysis
that there is no increase, as compared to the preconstruction condition,
in the peak runoff rates of stormwater leaving the site for the two-,
ten- and 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;
[c]
Design stormwater management measures so that the
post-construction 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
[d]
In tidal flood hazard areas, stormwater runoff
quantity analysis in accordance with Subsection C(2)(q)[2][a], [b]
and [c] 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.
[3]
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
(3)
Calculation of stormwater runoff and groundwater recharge.
(a)
Stormwater runoff shall be calculated in accordance with the
following:
[1]
The design engineer shall calculate runoff using one of the
following methods:
[a]
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/stelprdb104417
1.pdf or at United States Department of Agriculture Natural Resources
Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873;
or
[b]
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.
[2]
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.
[3]
For the purpose of calculating runoff coefficients and groundwater
recharge, there is a presumption that the preconstruction condition
of a site or portion thereof is a wooded land use with good hydrologic
condition. The term "runoff coefficient" applies to both the NRCS
methodology above in Subsection C(3)(a)[1][a] and the Rational and
Modified Rational Methods in Subsection C(3)(a)[1][b]. 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).
[4]
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.
[5]
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 in to account the
effects of tailwater in the design of structural stormwater management
measures.
(b)
Groundwater recharge shall be calculated in accordance with
the following:
[1]
The New Jersey Geological Survey Report GSR-32, A Method for
Evaluating Groundwater-Recharge Areas in New Jersey, incorporated
herein by reference, as amended and supplemented. Information regarding
the methodology is available from the New Jersey Stormwater Best Management
Practices Manual; at the New Jersey Geological Survey website at:
https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New
Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420
Mail Code 29-01, Trenton, New Jersey 08625-0420.
(4)
Sources of technical guidance.
(a)
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.
[1]
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
[2]
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm
(b)
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.
(5)
Solids and floatable materials control standards.
(a)
Site design features identified in Subsection C(2)(e), or alternative designs in accordance with Subsection C(2)(f), 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, refer to Subsection C(5)(a)[2].
[1]
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
[a]
The New Jersey Department of Transportation (NJDOT)
bicycle-safe grate, which is described in Chapter 2.4 of the NJDOT
Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines;
or
[b]
A different grate, if each individual clear space
in that grate has an area of no more than seven square inches, or
is no greater than 0.5 inch across the smallest dimension.
[i]
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
[c]
For curb-opening inlets, including curb-opening
inlets in combination inlets, the clear space in that curb opening,
or each individual clear space if the curb opening has two or more
clear spaces, shall have an area of no more than 7.0 square inches,
or be no greater than 2.0 inches across the smallest dimension.
[2]
The standard in Subsection C(5)(a)[1] above does not apply:
[a]
Where each individual clear space in the curb opening
in existing curb-opening inlet does not have an area of more than
nine square inches;
[b]
Where the municipality agrees that the standards
would cause inadequate hydraulic performance that could not practicably
be overcome by using additional or larger storm drain inlets;
[c]
Where flows from the water quality design storm
as specified in 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:
[d]
Where flows are conveyed through a trash rack that
has parallel bars with one-inch spacing between the bars, to the elevation
of the Water Quality Design Storm as specified in N.J.A.C. 7:8; or
[e]
Where the New Jersey Department of Environmental
Protection determines, pursuant to the New Jersey Register of Historic
Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard
is an undertaking that constitutes an encroachment or will damage
or destroy the New Jersey Register listed historic property.
(6)
Safety standards for stormwater management basins.
(a)
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.
(b)
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection C(6)(c) for trash racks, overflow grates, and escape provisions at outlet structures.
(c)
Requirements for trash racks, overflow grates and escape provisions.
[1]
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:
[a]
The trash rack shall have parallel bars, with no
greater than six-inch spacing between the bars;
[b]
The trash rack shall be designed so as not to adversely
affect the hydraulic performance of the outlet pipe or structure;
[c]
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
[d]
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.
[2]
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:
[a]
The overflow grate shall be secured to the outlet
structure but removable for emergencies and maintenance;
[b]
The overflow grate spacing shall be no less than
two inches across the smallest dimension; and
[c]
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.
[3]
Stormwater management BMPs shall include escape provisions as
follows:
[a]
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection C(6)(d), a freestanding outlet structure may be exempted from this requirement;
[b]
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. Refer to Subsection C(6)(e) for an illustration of safety ledges in a stormwater management BMP; and
[c]
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 (3:1).
(d)
Variance or exemption from safety standards.
[1]
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.
(7)
Requirements for a site development stormwater plan.
(a)
Submission of a site development stormwater plan.
[1]
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan in Subsection C(7)(c) as part of the submission of the application for approval.
[2]
The applicant shall demonstrate that the project meets the standards
set forth in this section.
(b)
Site development stormwater plan approval.
[1]
The applicant's site development project shall be reviewed as a part of the review process by the Township Engineer or the reviewing board engineer from which Land Use Board approval is being sought. Said review process shall include a determination as to whether the items listed in Subsection C(7)(c) have been satisfied and to determine if the project meets the standards set forth in this section.
(c)
Submission of site development stormwater plan. The following
information shall be required:
[1]
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map, as appropriate, may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category 1 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.
[2]
Environmental site analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
[3]
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided along with a
description of the overall stormwater management methodology.
[4]
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsection C(2), (3) and (4) 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.
[5]
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
[a]
Total area to be disturbed, paved or built upon,
proposed surface contours, land area to be occupied by the stormwater
management facilities and the type of vegetation thereon, and details
of the proposed plan to control and dispose of stormwater.
[b]
Details of all stormwater management facility designs,
during and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
[6]
Calculations.
[a]
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection C(2).
[b]
When the proposed stormwater management control
measures depend on the hydrologic properties of soils or require certain
separation from the seasonal high water table, then a soils report
shall be submitted. The soils report shall be based on on-site boring
logs or soil pit profiles. The number and location of required soil
borings or soil pits shall be determined based on what is needed to
determine the suitability and distribution of soils present at the
location of the control measure.
[7]
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection C(8).
[8]
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the reviewing board engineer, waive submission of any of the requirements in Subsection C(7)(c)[1] through [6] of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
(8)
Maintenance and repair.
(a)
Applicability. Projects subject to review in accordance with Subsection A(3) shall comply with the requirements of this subsection.
(b)
General maintenance.
[1]
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
[2]
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.
[3]
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
[4]
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.
[5]
If the party responsible for maintenance identified under Subsection C(8)(b)[3] is not a public agency, the maintenance plan and any future revisions based on Subsection C(8)(b)[7] shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
[6]
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.
[7]
The party responsible for maintenance identified under Subsection C(8)(b)[3] shall perform all of the following requirements:
[a]
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;
[b]
Evaluate the effectiveness of the maintenance plan
at least once per year and adjust the plan and the deed as needed;
and
[8]
The requirements of Subsection C(8)(b)[3] and [4] do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department. However, in the case of those facilities that a property owner chooses to offer for dedication to the municipality and the governing body agrees to accept in accordance with N.J.S.A. 40:55D-53j., prior to acceptance of any dedicated property containing a stormwater management facility, the property owner shall post funds with the municipality to defray the estimated maintenance costs of said facility for a ten-year period. The amount to be posted shall be based on the estimated annual maintenance cost, which cost shall be determined by the Township Engineer, multiplied by a factor of 10.
[9]
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or county may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
(c)
Nothing in this subsection shall preclude the municipality from
requiring the posting of a performance or maintenance guarantee in
accordance with N.J.S.A. 40:55D-53, as applicable.
(9)
Runoff conveyance system design.
(a)
Pipe design.
[1]
All storm sewer pipes shall be rubber-gasketed circular reinforced
concrete pipe (RCP) or elliptical reinforced concrete pipe (ERCP),
meeting the requirements of ASTM C76 or C507, respectively. Subject
to the approval of the reviewing board engineer, alternate pipe materials
such as corrugated metal (CMP), high-density polyethylene (HDPE),
ductile iron (DIP), polyvinyl chloride (PVC), or corrugated polyethylene
(CPP) may be utilized. The use of alternate pipe materials shall be
at the sole discretion of the reviewing board engineer and may require
the submission of manufacturer's data and specifications, bedding
and backfill requirements, installation instructions and applicable
approvals of the alternate materials for use by other agencies such
as the New Jersey Department of Transportation or New Jersey Department
of Environmental Protection.
[2]
Joint design and joint materials for circular concrete pipe
and elliptical concrete pipe shall conform to ASTM C443 and C877,
respectively.
[3]
All concrete pipes shall be minimum Class III, unless loading
conditions or pipe cover call for a higher-class pipe.
[4]
Minimum depth of cover for Class III concrete pipe with a diameter
of 27 inches or less is two feet. For Class III concrete pipe with
a diameter of 30 inches or greater, the minimum cover may be reduced
to one foot. Depth of cover shall be measured from the top of pipe
to the bottom of the overlying pavement section or finished grade,
if no pavement exists or is proposed. Minimum depth of cover for Class
IV and Class V pipe shall be in accordance with that designated by
the American Concrete Pipe Association.
[5]
Design engineers shall determine pipe size based on design runoff,
conduit entrance conditions and hydraulic capacity.
[6]
No pipes shall be sized to less than 15 inches in diameter with
the following exceptions:
[7]
Velocities at design flow shall be a minimum of 2.5 feet per
second with the pipe flowing at 1/4 full, but not more than the velocity
that will cause erosion damage to the conduit, in accordance with
manufacturer's specifications.
[8]
Design engineers shall use Manning's equation to determine hydraulic
capacity for pipes or open-channel flow. The hydraulic capacity is
termed "Q" and is expressed as discharge in cubic feet per second
as follows:
Q = (1.486/n) * A * R2/3 * S1/2
|
Where:
| ||
n
|
=
|
Manning's roughness coefficient
|
A
|
=
|
Cross-sectional area of flow in square feet
|
R
|
=
|
Hydraulic radius in feet, R = A/P, where P is equal to the wetted
perimeter, measured in feet, and defined as the length of the line
of contact between the flowing water and the channel
|
S
|
=
|
Slope of the pipe/culvert in feet per foot
|
[9]
All pipes shall terminate with a precast-concrete headwall with
wing walls, conforming to Township standards. Where design discharge
velocities exceed five feet per second, a high-velocity headwall conforming
to Township standards shall be provided. Flared-end sections are not
permitted, unless authorized by the reviewing board engineer.
[10]
All pipes and culverts shall be designed to convey
the peak runoff rates resulting from a twenty-five-year frequency
storm, except that culverts with an upstream drainage area of 50 acres
or more shall be designed to accommodate the one-hundred-year frequency
storm in accordance with Flood Hazard Area Control Regulations.
[11]
Design engineers shall base culvert capacity on
inlet/outlet analysis, as specified in Hydraulic Design of Highway
Culverts, Hydraulic Design Series (HDS) No. 5, Report No. FHWA-IP-85-15,
U.S. DOT, FHA, September 1985, incorporated herein by reference.
[12]
Continuous profiles for each reach of pipe shall
be plotted, along with the location of the hydraulic gradient and
such information as pipe size and type, slope of pipe, design capacity
and velocity at design capacity.
[13]
Hydraulic gradient calculations of all pipe and
drainage structures shall be submitted to the reviewing board engineer.
In those instances where calculations are not required by the reviewing
board engineer, the Design Engineer shall confirm in writing that
the hydraulic design of all pipes is based on the assumption that
the hydraulic gradient will match the inside top of the pipe when
the system is under maximum design flow. When pipe sizes change, the
inside tops of the pipes shall be matched. In addition, the design
of all pipes shall consider the hydraulic impact of any water body
that may be present at the point of discharge. Where a pipe discharges
to a water body (to include any approved stormwater management basin
or device) which has a 100-year flood elevation above the invert of
said discharge pipe, the tail-water effect of said water body shall
be considered in the hydraulic gradient calculations. In no instance
shall the calculated elevation of the hydraulic gradient be less than
one foot below the top-of-grate elevation of any drainage inlet, catch
basin or manhole.
[14]
Time-of-concentration calculations shall be provided
for all pipe runs, otherwise a time of concentration of six minutes
shall be utilized.
[15]
Pipes constructed through or under a berm shall
be capable of withstanding external loading without yielding, cracking
or buckling. Flexible pipe strength shall not be less that necessary
to support the design load with a maximum of 5% deflection. All pipe
joints shall be watertight.
[16]
Backfill for pipes and drainage structures shall be free of deleterious substances, stumps, brush, weeds, roots, sod, rubbish, garbage and matter that may decay. Backfill to a height of two feet above the top of pipes, culverts and other structures shall be free of stones or rock fragments larger than two inches in greatest dimension. Backfill shall also be free of large rocks or lumps that, in the opinion of the reviewing board engineer, may create voids or prevent proper compaction. The reviewing board engineer may require the developer to provide a professional certification as to the suitability of the on-site material for use as backfill. In those cases where such suitability does not exist, the developer may use borrow material, if said material is approved by the design engineer and a certification as to suitability is provided to the reviewing board engineer. All excavation and backfill shall meet the requirements of § 330-123, Subsurface structure excavation.
[17]
No pipe or structure shall be placed on private
property unless the owner of the land is to own or operate the pipe/structure,
or an easement is obtained from the property owner. All easements
shall be a minimum of 20 feet wide unless the depth, soil conditions,
or additional utilities require wider as determined by the reviewing
board engineer.
(b)
Design of inlets, catch basins, manholes, and outlets.
[1]
Design engineers shall design inlets, catch basins, manholes
and outlet structures in accordance with New Jersey NJDEP of Transportation's
Standard Specifications for Road and Bridge Construction (2007) and
shall also conform to Township standards. In the event of a conflict,
the more stringent standard, as determined by the reviewing board
engineer, shall govern.
[2]
Inlet spacing depends on inlet capacity. Sufficient inlets shall
be located so that the peak rate of surface runoff shall not exceed
the collection capacity of the inlet assuming a hydraulic head of
two inches. Maximum distance between inlets shall be 400 feet. In
areas where pipe is to be installed without the need for inlets, manholes
shall be provided for access at maximum intervals of 400 feet.
[3]
Precast concrete structures shall conform to all applicable
ASTM standards.
[4]
All structures constructed of concrete block shall be coated
with two coats of portland cement mortar on the inside and outside
surfaces.
[5]
The use of masonry brick (clay or shale) is prohibited.
[6]
All structures shall be flush with the finished grade. Grade
adjustments of less than eight inches shall be accomplished using
precast concrete or metal grade rings. Concrete block may also be
used if approved by the reviewing board engineer.
[7]
Frames and covers shall be cast-iron construction, conforming
to ASTM A48, and shall be suitable for H-20 loading capacity. Stream
flow grates shall be provided for outlet structures not located within
a paved area.
[8]
Channels should be constructed as a smooth continuation of the
pipe to provide smooth, unobstructed flow through the structure. Completed
channels shall be U-shaped with a minimum height of 3/4 of the diameter
of the pipe.
[9]
Benches shall provide good footing for workmen and a place where
tools can be laid. Permissible slope of benches is 4% to 8%.
(c)
Open channel design.
[1]
Open ditches or channels will be permitted when the design capacity requires a pipe larger than 60 inches diameter, unless disapproved by the reviewing board engineer. Hydraulic capacity and design velocity shall be calculated based on a twenty-five-year frequency storm, utilizing Manning's equation as stipulated in Subsection C(9)(a)[7]. The Manning's roughness coefficient used by the design engineer shall be consistent with N.J.A.C. 5:21-7.1 or other authoritative source. Where permitted, open-channel design should be based on the following:
[a]
In no case shall the design velocity of an open
channel for a twenty-five-year frequency storm be less than 0.5 feet
per second.
[b]
Minimum freeboard of one foot, as calculated for
a twenty-five-year frequency storm, should be provided on all channels.
[c]
The channel should be designed to conform, wherever
possible, to the adjacent ground conditions and elevations.
[d]
Continuous profiles for each reach of open channel
shall be plotted, along with adjacent average ground and the hydraulic
information pertinent to each reach within the system. This information
shall include the type of channel lining, the Manning's roughness
coefficient, the width of the channel bottom, the side slopes, the
water depth, the design capacity, bottom and top elevations, and the
velocity at the design capacity.
[e]
Open channels shall have a maximum side slope of
three horizontal to one vertical and shall have adequate slope protection
as required by the soil erosion and sediment control subsection of
this section.
D.
Other applicable regulations and standards.
(1)
Grading and drainage.
(a)
All lots developed under the provisions of this section shall
be graded to secure proper drainage away from all buildings and to
prevent the collection of stormwater in pools and to avoid concentration
of stormwater from each lot to adjacent lots. Water shall not flow
across adjacent property lines unless approved by the reviewing board
engineer and a cross-drainage easement is provided.
(b)
The minimum slope for paved surfaces shall be 1%, unless otherwise
approved by the reviewing board engineer due to local conditions.
(c)
The following minimum requirements apply to grading of lawn
areas:
(2)
Flooding. Land subject to periodic or occasional flooding shall not be designed for residential occupancy nor for any other purpose that may endanger life or property. Such land within a lot shall be considered for open spaces, yards, or other similar uses in accordance with § 330-91 and applicable NJDEP floodplain regulations.
(3)
Storm drainage connection and discharges.
(a)
Every approved site plan and subdivision plat shall contain
a note, if applicable, that excess storm drainage may not be conveyed
to the public right-of-way or sanitary sewer system. Where the reviewing
board engineer determines that on-site retainage is inadequate to
prevent the above from occurring, the reviewing board may require
that the applicant provide an underdrain system, dry well, piped connection
to an existing storm sewer or similar approved device on the lot or
lots involved to channel the stormwater flow, including but not limited
to sump pump discharges, to an existing or proposed on-site storm
sewer system. All improvements constructed for the purpose of conveying
such discharges shall be owned and maintained by the owner of the
lot which is being served by said Improvement. In the event that said
Improvement serves more than one property, the owners of each of the
properties being served shall enter into an agreement to be recorded
in the Office of the County Clerk, and absent a recorded document
that assigns this responsibility to another party, each owner shall
own and maintain the portion of the Improvement located on their respective
property.
(b)
Where the reviewing board engineer or Township Engineer determines
that roof runoff from a proposed structure has the potential to adversely
impact adjacent property or right-of-way, the reviewing board may
require that the applicant connect the roof downspouts from the structure
to an existing or proposed storm sewer system located within a reasonable
distance from the property creating the impact.
(c)
Upon the effective date of this section, unless being discharged
to a drainage easement or existing storm sewer system, the rate of
runoff crossing an adjoining private property line resulting from
any improvement or additional impervious surface shall not be increased
more than 0.1 cfs during a two-year design storm.
(d)
Upon the effective date of this section, discharge from a proposed
sump pump, pool filter or any other pump conveying stormwater shall
be prohibited from crossing an adjoining private property line absent
a written agreement with the owner of the affected property. In addition,
said discharge shall not be conveyed across a sidewalk or into a street
right-of-way if it will result in a hazardous condition, such as standing
water and/or ice accumulation.
(4)
Easements.
(a)
Where a development is traversed by a watercourse, surface of underground drainage way or drainage system, channel, or stream, there shall be provided and dedicated a drainage right-of-way easement to the Township conforming substantially with the metes and bounds of such watercourse, and such further width or construction, or both, as will be adequate to accommodate expected stormwater runoff in the future based upon reasonable growth potential in the Township and, in addition thereto, a minimum of 15 feet beyond the bank top on both sides for access to the drainage right-of-way and meeting any minimum widths and locations shown on any adopted Official Map or master plan or as required under this section or § 330-88, Easements.
(5)
Deck construction specifications.
(a)
All decks shall be constructed so as to allow a minimum of 4%
pervious area uniformly distributed between adjacent floor boards
utilizing minimum gaps of 1/8 inch. The ground beneath the entirety
of the deck shall be excavated to a depth of no less than 12 inches
and a completely pervious surface of clean stone shall be constructed
within the entire excavated area. Stone shall be a minimum of 12 inches
deep with the top of the stone being flush with the adjacent ground
surface. A means of drainage relief shall be provided to allow any
overflow from the stone area to drain to the nearest yard swale of
other point of drainage relief. Provisions shall also be made to prevent
groundwater seepage from the stone area into adjacent basements or
crawl spaces. This type of deck shall not be considered impervious.
The construction in all other aspects shall conform to all applicable
ordinances, codes and standards.
E.
Variances. A variance may be granted by the reviewing board from
the green infrastructure, groundwater recharge, stormwater runoff
quality and/or stormwater runoff quantity standards in accordance
with N.J.A.C. 7:8-4.6.
F.
Penalties. Any person who erects, constructs, alters, repairs, converts, maintains or uses any building, structure or land in violation of this section shall be subject to the general penalty provisions of §§ 1-18 and 1-19 of Chapter 1, General Provisions, Article II, Definitions; General Penalty, and/or § 330-135C.
G.
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.
A.
General standards. In order to properly provide for
the efficient provisions of governmental services and to promote the
purposes of good land development design, public easements for utility
installation, floodplain control, conservation and drainage may be
required by the reviewing board. All such easements shall be of a
sufficient clarity to provide for the purposes for which they are
designed.
B.
Regulations.
(1)
Width. Easements along rear property lines or elsewhere
for utility installation shall be at least 25 feet wide for one utility
and five additional feet for each additional utility and be located
in consultation with the companies or governmental departments concerned
and, to the fullest extent possible, be centered on or adjacent to
rear or side lot lines.
(2)
Recording of easements. All easements shall be recorded
by deed, and where the development entails filing of a plan of lots,
all easements shall be dimensioned and identified on said plan.
(3)
Easements and lot sizes. Where lots front or side
on easements, the reviewing board shall require the depth or width
of said affected lots to be increased by the width of the easement.
Required minimum lot areas shall be exclusive of easement areas.
(4)
Floodplain and conservation easements. Floodplain
and conservation easements shall be indicated on the preliminary and
final plats and shown in such a manner that their boundaries can be
accurately determined by elevations.
(5)
Removal of trees. The removal of trees and ground
cover shall be prohibited in a conservation easement or floodplain
except for the following purposes: the removal of dead or diseased
trees; limited thinning of trees and growth to encourage the most
desirable growth; and the removal of trees to allow for structures
designed to impound water or in areas to be flooded in the creation
of ponds or lakes.
(6)
Description of easement. The boundary line of any
easement shall be monumented at its intersection with all existing
or proposed street lines. Such easement dedication shall be expressed
on the plat and in the deed to fully delineate the limits and the
purposes of the easement as well as the grantee.
A.
General standards. The Township has an interest in limiting development on lands which have the presence of materials which exceed in concentration in the "Cleanup Standards for Contaminated Sites," N.J.A.C. 7:26D, as promulgated by the New Jersey Department of Environmental Protection. Development of properties shall be prohibited in absence of a determination that the property does not exceed the standards set forth in the State of New Jersey Department of Environmental Protection's Soil Cleanup Criteria. The Township has determined that the environmental impact statement (EIS) serves to assess the environmental and ecological impacts of specific land development proposals and alerts the reviewing board and the applicant to potential risks and dangers. Where an analysis of an EIS determines that a situation is presented where adverse environmental impacts are real, substantial and not correctable by the applicant, the reviewing board may rely on these impacts as a basis for the denial of an application. The data set forth within the EIS may be used by the reviewing board to require specific conditions relating to the site design or improvements, which shall be met by the applicant to alleviate or rectify problems before development approval is granted. An EIS shall accompany all applications for plan approval of subdivision and site plan applications and shall provide the information needed to evaluate the effect of a proposed development upon the environment and shall include data distributed, reviewed and passed upon in accordance with the standards set forth under Subsection B. Nothing herein contained shall eliminate the necessity to provide other information required under the Land Development Ordinance of the Township of Burlington in the preparation of an EIS.
B.
Regulations.
(1)
Description. A description of the development which
shall specify what is to be done and how it is to be done during construction
and operation, as well as a recital of alternative plans deemed practicable
to achieve the objective.
(2)
Environmental conditions inventory and impact. An
inventory of existing environmental conditions at the development
site shall be described along with appropriate response as to the
nature of the impact as set forth below:
(a)
Soil types.
[1]
USDA soil types (as shown on map).
[2]
Permeability of soil on the site.
[3]
Percolation tests and soil logs noted as to
date of testing and locations on the site. A minimum of one percolation
test and soil log per three acres of land proposed for development
and one additional soil log and percolation test at the location of
each proposed retention basin and per 500 feet of proposed ditch.
(b)
Surface waters.
[1]
Distance of site from nearest surface water
and headwaters of streams.
[2]
Source of runoff water.
[3]
Rate of runoff from the site.
[4]
Destination of runoff water and method of controlling
downstream effects.
[5]
Chemical additives to runoff water on the site.
[6]
Submission of an erosion and sediment control
plan.
(g)
Sewage system.
[1]
Sewage disposal system (description and location
on the site of system).
[2]
Expected content of the sewage effluents (human
waste, pesticides, detergents, oils, heavy metals, other chemicals).
[3]
Expected daily volumes of sewage.
[4]
Affected sewage treatment plant's present capacity
and authorized capacity.
(k)
Impact of proposed action applied for.
[1]
Existing plant species and effects thereon.
[2]
Existing animal species and effects thereon.
[3]
Existing wildfowl and other birds and effects
thereon.
[4]
Effects on drainage and runoff.
[5]
Effects on groundwater quality.
[6]
Effects on air quality.
[7]
Effects on situation of surface waters.
[8]
Effects on surface water quality.
[9]
Alternatives to proposed development consistent
with tract zoning.
[10]
Effects on sites of historic significance.
(l)
Water and soil studies.
[2]
For any applicant whose property lies in a watershed
affected by any upstream manufacturing or commercial establishment
or itself is such a manufacturing or commercial establishment shall
include in addition to the above an analysis of the following:
[4]
At least one soil sample shall be taken on each
proposed lot and on each lot to be transferred or dedicated to the
Township, any government agency or to a homeowners' association. The
testing/sampling of the soil shall be in accordance with the New Jersey
Department of Environmental Protection's Field Sampling Procedure
Manual, dated May 1992, or as revised. The testing/sampling program
protocol will be used to determine the presence of the above-referenced
contaminants in amounts exceeding the New Jersey Department of Environmental
Protection's Cleanup Standards for Contaminated Sites, N.J.A.C. 7:26D
(Soil Cleanup Criteria). The Soil Cleanup Criteria last revised on
July 11, 1996, and all future amendments to these criteria, are incorporated
herein by reference. In the event that the contaminants listed above
and any other contaminants are present on a property in excess of
the New Jersey Department of Environmental Protection's Soil Cleanup
Criteria, the Township Council, the Zoning Board or Planning Board
shall require the applicant to cause the property to be remediated
in a manner consistent with the New Jersey Department of Environmental
Protection's Technical Requirements for Site Remediation, N.J.A.C.
7:26E.
[5]
Any individual or firm conducting the water
and soil studies as outlined in this subsection shall conform to the
following:
[a]
Qualifications:
[i]
The individual(s) who prepares
and conducts the water and soil sampling and test result report shall
provide a resume of qualifications as part of the required report.
Individual qualifications must demonstrate that the persons conducting
the water and soil sampling and testing are qualified to conduct such
environmental engineering work based on education, previous project
experience and current New Jersey Department of Environmental Protection
Standards.
[ii]
The contracting laboratory must
be certified with the State of New Jersey and possess a valid license
from the State of New Jersey.
[b]
Insurance: The firm or individual
conducting and preparing the water and soil sampling and testing result
report shall submit a current certificate of insurance evidencing
general liability coverage including errors and omissions coverage
in an amount at least $2,000,000 per claim.
[c]
Indemnification: The environmental
impact statement shall also include the following statement:
"The applicant hereby indemnifies the Township,
its affiliates and Engineer against any liability, loss, expense,
lien, claim, demand and cause of action of every kind for damage to
property of the applicant and third parties, including fines or penalties,
attorneys' fees and other costs that result from activities associated
with or the findings of this Environmental Impact Statement."
|
(3)
Critical impact areas. In addition to the above, plans
should include any area, condition or feature which is environmentally
sensitive or which if disturbed during construction would adversely
affect the environment.
(a)
Critical impact areas include, but are not limited
to, stream corridors, streams, wetlands, estuaries, slopes greater
than 15%, highly acid or highly erodible soils, areas of high water
table, and mature stands of native vegetation and aquifer recharge
and discharge areas.
(b)
Statement of impact upon critical areas and
of adverse impacts which cannot be avoided.
(c)
Environmental protection measures, procedures
and schedule to minimize damage to critical impact areas during and
after construction.
(d)
A list of all licenses, permits and other approvals
required by municipal, county or state law and the status of each.
(e)
A listing of steps proposed to minimize environmental
damage to the site and region during construction and operation.
(4)
Procedures for evaluating the environmental impact
statement shall be as follows:
(a)
Upon receipt of the application, the Administrative
Officer shall forward the EIS to the appropriate reviewing board engineer.
(b)
The above-mentioned engineer shall review the
applicant's EIS and shall report any comments within 30 days of the
date of submission to the reviewing board.
(c)
The reviewing board may require the opinion
of a special consultant in its review of the EIS.
(e)
Copies of the environmental impact statement
will be on file and available for inspection in the office of the
Administrative Officer.
(5)
Approval or disapproval. Upon completion of all reviews
and public hearing(s), the reviewing board shall either approve or
disapprove the environmental impact statement as a part of its underlying
function with respect to its review of the development. In reaching
a decision, the approving authority shall take into consideration
the effect of the applicant's proposed development upon all aspects
of the environment as outlined above as well as the sufficiency of
the applicant's proposals for dealing with any immediate or projected
adverse environmental effects.
(6)
Waiver. Notwithstanding the foregoing, the approving
authority may, at the request of an applicant, waive the requirement
for an environmental impact statement after or during a public hearing
on the application if sufficient evidence is submitted to support
a conclusion that the proposed development will have a slight or negligible
environmental impact. Portions of such requirement may likewise be
waived upon a finding that a complete EIS need not be prepared in
order to evaluate adequately the environmental impact of a particular
project.
A.
General standards. The provision of proper fire protection
to all users of land is a major concern of the community. Each applicant
shall be required to address the question in his application and make
adequate provisions to minimize the risk and exposure to fire. Design
should achieve maximum protection from this risk. Site plans and major
subdivisions shall be reviewed and approved for fire protection by
the Board of Fire Engineers prior to final reviewing board approval.
B.
Regulations.
(1)
Central system. Whenever a central water supply system
services a development, provisions shall be made for fire hydrants
along streets and/or on the walls of nonresidential structures as
approved by the Board of Fire Engineers in accordance with fire insurance
rating organization standards.
(2)
Alternative water sources. Where streams or ponds
exist, or are proposed on lands to be developed, facilities shall
be provided to draft water for fire-fighting purposes. These facilities
shall be in addition to hydrant service from a public water source
and shall not reduce or replace the requirements for a central fire
protection system. The facilities shall include access from the source
to a public street suitable for use by fire-fighting equipment and
construction of improvements to ponds, dams or similar on-site development,
where feasible. Such facilities shall be approved by the reviewing
board engineer and the Board of Fire Engineers, and constructed in
accordance with fire insurance rating organization standards.
C.
Regulation of establishments where moving pictures
are shown in confined quarters.
(1)
Intent and purpose. Certain business establishments,
as part of their operation, deal in the showing of films in confined
quarters such as booths. Such establishments differ materially from
other business establishments regarding particular needs for the protection
of their patrons as demonstrated by the physical arrangements of such
premises consisting of individual booths located at close quarters
where a fire in one booth, unless contained, would spread rapidly
to other booths. Any fire in such premises would create unusual demands
upon escape facilities. These considerations compel the adoption of
specific regulations for the safety of the patrons of such establishments.
(2)
Specific regulations. All establishments within the
Township of Burlington in which movies or films or shows of any kind
are shown or staged on an individual booth-by-booth basis shall be
subject to the following:
(3)
The provisions contained herein shall be in addition
to, and not in place of, all existing fire, building, maintenance
and safety rules, regulations and ordinances of the Township of Burlington.
A.
General standards.
(1)
Floodplain regulations promote the health, safety
and welfare of the community. Their purposes are:
(a)
To implement the land use rules and regulations
promulgated by the New Jersey Department of Environmental Protection
for floodways and the area of special flood hazard;
[Amended 11-14-2017 by Ord. No. 17-OR-030]
(b)
To discourage construction and regrading in
flood hazard areas;
(c)
To prevent encroachments into flood hazard areas
which would obstruct or constrict the area through which water must
pass; and
(d)
To prevent pollution of watercourses during
low or high water period by preventing the placing or storing of unsanitary
or dangerous substances in the flood hazard area.
B.
Regulations.
(1)
Flood hazard design elevation. The flood hazard design
elevation shall be determined on an individual basis based on a one-hundred-year
storm frequency. This elevation shall be delineated on the plans and
file plat. In addition, the reviewing board engineer may, upon receipt
of the application and with the consent of the landowner, determine
the precise location of a floodway and area of special flood hazard
by close inspection, field survey or other appropriate method and
cause the same to be marked on the ground and on the plat, and notifying
the owner, the New Jersey Department of Environmental Protection,
Division of Water Resources, and the approving authority. The assistance
of the United States Department of Agriculture, United States Department
of Housing and Urban Development, Soil Conservation Service, U.S.
Army Corps of Engineers, and the New Jersey Department of Environmental
Protection, Division of Water Resources may be sought to aid in delineating
the flood hazard design elevation, except that where state or federal
agencies shall subsequently publish any other reports which delineate
the flood hazard design elevation of a watercourse, said report shall
be the officially delineated flood hazard area as if said report were
published in this chapter.
[Amended 11-14-2017 by Ord. No. 17-OR-030]
(2)
Usage regulated in floodway. No building or structure
shall be erected or moved or externally altered, added to or enlarged,
nor shall any fill be placed, nor shall the elevation of any land
be substantially changed in the floodway unless the proposed use is
permitted by this chapter and this section, plan approval has been
granted, and a stream encroachment permit has been issued by the New
Jersey Department of Environmental Protection, Division of Water Resources
where required by state regulation. However, the accepted practices
of soil husbandry and the harvesting of crops in connection with farming,
lawns, gardens and recreational usage that do not include structures
are not included in the foregoing prohibitions.
[Amended 11-14-2017 by Ord. No. 17-OR-030]
(3)
Usage regulated in area of special flood hazard. No building or structure shall be erected or moved or externally altered, added to or enlarged in the area of special flood hazard outside the floodway unless a development permit has been obtained in accordance with Chapter 282, Flood Damage Prevention, and unless the proposed use is permitted by this section and plan approval has been granted.
[Amended 11-14-2017 by Ord. No. 17-OR-030]
(4)
Review standard. The procedure for reviewing any proposal
involving regrading and/or construction shall be the same as set forth
for plan review. No application shall be approved and no permit granted
until all zoning violations have either been corrected or a variance
granted.
(5)
Permitted uses. Permitted uses in an area of special
flood hazard shall be restricted to the following, provided that they
are permitted uses in the district in which the area of special flood
hazard is located:
[Amended 11-14-2017 by Ord. No. 17-OR-030]
(a)
Agriculture: general farming, pasture grazing,
outdoor plant nurseries, horticulture, truck farming, forestry, sod
farming, agriculture and wild crop harvesting.
(b)
Industrial/commercial: yards, loading areas
and parking areas.
(c)
Recreation: golf courses, improved courts and
playing fields, swimming areas, boat launching ramps, picnic and camping
areas and open space uses such as hiking trails.
(d)
Residential: lawns, gardens, parking areas and
play areas.
(6)
Plans. The applicant shall submit maps, reports and
other appropriate documents permitting the reviewing board to evaluate
whether the proposal has an inherent low flood damage potential; does
not obstruct flood flows or increase flood damage heights and/or velocities;
does not affect adversely the water-carrying capacity of any delineated
floodway and/or channel; does not increase local runoff and erosion;
does not unduly stress the natural environment of the floodplain or
degrade the quality of surface water or the quality and quantity of
groundwaters; does not require fill or the erection of structures
and does not include the storage of equipment and materials.
(7)
Public hearing. Prior to any action by the reviewing board on a plan involving a floodway or an area of special flood hazard, a public hearing shall be set and conducted by the reviewing board. Notice of the hearing shall be as required under § 330-24B of this chapter.
[Amended 11-14-2017 by Ord. No. 17-OR-030]
(8)
Action. Upon reviewing the application, hearing the
applicant's representation and hearing comments from the general public
and other municipal agencies to which the application was forwarded
for comment, the reviewing board shall deny, approve subject to conditions,
or approve the application. Its conclusions shall be based on findings
related to the above criteria.
A.
General standards. The regulations of grading and
filling promote the protection of environmental interests and protect
the rights of adjacent property owners. All grading and filling operations
are to be closely reviewed to protect the interests stated.
B.
Regulations. All lots where fill material is deposited
shall have clean fill and/or topsoil deposited which shall be graded
to allow complete surface drainage of the lot into local storm sewer
systems or natural drainagecourses. No regrading of a lot shall be
permitted which would create or aggravate water stagnation or a drainage
problem on the tract or on adjacent properties, or which will violate
the provisions of the soil erosion and sediment control, soil removal
and redistribution, and floodplain provisions of this chapter. Grading
shall be limited to areas shown on an approved site plan or subdivision.
Any topsoil disturbed during approved excavation and grading operations
shall be redistributed throughout the site.
A.
General standards. A homeowners' association may be established by the applicant as a nonprofit corporation before any homes are sold for the purposes of owning and assuming maintenance responsibilities for the common open space and common property designed within a development, provided that the reviewing board is satisfied that the organization will have a sufficient number of members to reasonably expect a perpetuation of the organization in a manner enabling it to meet its obligations and responsibilities in owning and maintaining any property for the benefit of owners or residents of the development. If established, the organization shall incorporate the provisions set forth in Subsection B below.
B.
Regulations.
(1)
Mandatory membership. Membership by all property owners,
condominium owners, stockholders under cooperative development and
other owners of property or interests in the project will be mandatory.
Required membership and the responsibilities upon the members shall
be in writing between the organization and each member in the form
of a covenant, with each agreeing to liability for his pro-rata share
of the organization's costs.
(2)
Responsibility. The organization shall be responsible
for liability insurance, taxes, maintenance of recreational and other
facilities, and any other obligations assumed by the organization,
and shall hold the municipality harmless from any liability. The organization
shall not be dissolved and shall not dispose of any open space or
property by sale or otherwise, except to an organization conceived
and established to own and maintain the open space or property for
the benefit of such development, and thereafter such organization
shall not be dissolved or dispose of any of its open space or property
without first offering to dedicate the same to the municipality or
municipalities wherein the land is located.
(3)
Assessments. The assessment levied by the organization
upon each member may become a lien on each member's property. The
organization shall be allowed to adjust the assessment to meet changing
needs.
(4)
Rights and obligations. The organization shall clearly
describe in its bylaws all the rights and obligations of each tenant
and owner, including a copy of the covenant's model deeds, and articles
of incorporation of the organization, and the fact that every tenant
and property owner shall have the right to use all common properties.
These shall be set forth as a condition of approval and shall be submitted
prior to the granting of final approval.
(5)
Percentage ownership. The articles of incorporation,
covenants, bylaws, model deeds, and other legal instruments shall
ensure that control of the organization shall be transferred to the
members based on a percentage of the dwelling units sold and/or occupied
and shall clearly indicate that, in the event such organization shall
fail to maintain the common open space or common property in reasonable
order and condition, the municipality 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 common
open space or common property 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 designated municipal body or officer, as the case may
be, 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 deficiencies set forth in
the original notice or in the modification thereof shall not be cured
within said 35 days or any permitted extension thereof, the municipality,
in order to preserve the common open space and common property 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 common open space and common property except
when the same is voluntarily dedicated to the public by the owners.
Before expiration of said year, the municipality shall, upon its initiative
or upon the request of the organization theretofore responsible for
the maintenance of the common open space and common property, call
a public hearing upon 15 days' written notice to such organization
and to the owners of the development to be held by the municipality,
at which hearing such organization and the owners of the development
shall show cause why such maintenance by the municipality shall not,
at the election of the municipality, continue for a succeeding year.
If the municipality shall determine that such organization is ready
and able to maintain said open space and property in reasonable condition,
the municipality shall cease to maintain said open space and property
at the end of said year. If the municipality shall determine such
organization is not ready and able to maintain said open space and
property in a reasonable condition, the municipality may, in its discretion,
continue to maintain said open space and property during the next
succeeding year, subject to a similar hearing and determination in
each year thereafter. The decision of the municipality in any such
case shall constitute a final administrative decision subject to judicial
review.
(6)
Costs. The cost of such maintenance by the municipality
shall be assessed pro rata against the properties within the development
that have a right of enjoyment of the common open space and common
property in accordance with assessed value at the time of imposition
of the lien and shall become a lien and tax on said properties and
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.
A.
General standards. The Township of Burlington is a
community of lakes and streams in a natural setting, and their preservation
constitutes a cornerstone of the development plan for the Township
in general. The reviewing board in ruling on a development plan application
shall take into consideration the effect which the proposed development
will have on the lake and stream systems maintained in the Township
and determine that no adverse effect leading to the destruction of
the lakes and streams within the community or the geological or natural
systems upon which the existence of the lakes and streams rely will
occur. In general, the board may utilize the data set forth within
Technical Bulletin 72, prepared by the Urban Land Institute, in evaluating
the techniques employed in lake and stream management.
B.
Regulations. An applicant for development plan approval
shall address in his application the effect which the proposal will
have on lakes, ponds and streams either on the applicant's site, adjacent
to the applicant's site, or into which storm surface water drainage
may be expected to flow. In particular, the applicant shall provide
documentation that the proposal:
(1)
Adverse impact. Would not have an adverse effect on
the ecosystem, geological or other natural systems of the lake, stream,
pond and adjoining shorelines.
(2)
Suitability. Clearly establishes that the proposal
is suitable for the site.
(3)
Conflicting uses. Clearly establishes the proposed
uses which are contemplated for the lakes, ponds and streams to assure
that conflicting uses will not destroy the character and value of
the lakes, ponds and streams.
(4)
Downstream. Will not have an adverse effect in changing
water quality or changing stream flow characteristics to the detriment
of downstream property owners and interests.
(5)
Water levels. Maintenance of proposed water levels
will not adversely affect the ability to maintain proper water level
for existing lakes and ponds effected by the applicant's proposal.
In evaluating this proposal, it should be noted that pond levels should
be maintained at a six-foot-to-seven-foot depth.
(6)
Thermal stratification. Will not create adverse conditions
as a result of thermal stratification. In the event that adverse conditions
are created, the applicant may be required to provide artificial aeration
and agitation.
(7)
Siltation. Adequately provide for prevention of adverse
siltation conditions in the development through the use of approved
soil erosion and sediment control methods.
(8)
Water quality. Maintain proper water quality through
the elimination of contamination.
(9)
Eutrophication. Shall adequately provide for the control
of organic pollution resulting from man's activities (i.e., fertilizers,
detergents, sewage).
A.
General standards.
(1)
Each applicant for development plan approval shall
provide adequate lighting to ensure safe movement of persons and vehicles
and for security purposes. Lighting standards shall be of a type approved
by the reviewing board. Directional lights shall be arranged so as
to minimize glare and reflection on adjacent properties. In determining
whether this provision has been met, the reviewing board may take
into consideration the standards set forth in the Illuminating Engineering
Society Lighting Handbook (5th Edition) edited by John E. Kaufman,
published by the Illuminating Engineering Society, 345 East 46th Street,
New York, New York.
(2)
Each applicant for development plan approval shall
provide, within the limits of practicability and feasibility, lighting
consistent with conservation of energy and use of renewable energy
sources.
B.
Regulations.
(1)
General provisions. All area lighting shall provide
translucent fixtures with shields around the light source. For each
fixture and lighted sign, the total quantity of light radiated above
a horizontal plane passing through the light source shall not exceed
7 1/2% of the total quantity of light emitted from the light
source. Any other outdoor lighting shall be shown on the development
plan in sufficient detail to allow determination of the effects at
the property line and on nearby streets, driveways, residences and
overhead sky glow. No lighting shall shine directly or reflect into
windows or onto streets and driveways in such a manner as to interfere
with driver vision. No lighting shall be of a yellow, red, green or
blue beam nor be of a rotating, pulsating beam or other intermittent
frequency. The intensity of such light sources, light shielding, the
direction and reflection of the lighting, and similar characteristics
shall be subject to development plan approval by the reviewing board.
The objective of these specifications is to minimize undesirable off-site
effects.
(2)
Recommendation for average maintained horizontal illumination.
Area Classification
| ||||||
---|---|---|---|---|---|---|
Commercial
|
Intermediate
|
Residential
| ||||
Roadway and Walkway Classification
|
Footcandle
|
Lux
|
Footcandle
|
Lux
|
Footcandle
|
Lux
|
Vehicular roadways
| ||||||
Freeway*
|
0.6
|
6
|
0.6
|
6
|
0.6
| |
Major and expressway*
|
2.0
|
22
|
1.4
|
15
|
1.6
| |
Collector
|
1.2
|
13
|
0.9
|
10
|
0.6
| |
Local
|
0.9
|
10
|
0.6
|
6
|
0.4
| |
Alleys
|
0.6
|
6
|
0.4
|
4
|
0.2
| |
Pedestrian walkways
| ||||||
Sidewalks
|
0.9
|
10
|
0.6
|
6
|
0.2
| |
Pedestrianways
|
2.0
|
22
|
1.0
|
11
|
0.5
|
*
|
Both main line and ramps.
|
For other critical areas, the recommended footcandles
are as follows:
|
Area
|
Footcandle
|
At intersections
|
2.0
|
Parking areas
|
1.0
|
Maximum at property lines
|
1.0
|
Residential areas
|
0.6 (average)
|
0.1 (minimum)
| |
Plant entrances
|
2.0
|
(3)
Standards. The height of light poles shall be limited
to the maximum height of structures permitted in the particular zoning
district where they are located or 25 feet, whichever is less. The
light itself shall be shielded to restrict the maximum apex angle
of illumination to 150° to eliminate glare.
(4)
Streetlighting. Streetlighting standards of a type
and number approved by the reviewing board and Municipal Engineer
shall be installed at street intersections and elsewhere as deemed
necessary by the reviewing board. The developer shall provide for
the installation of underground service for streetlighting.
(5)
Spacing. Standards should generally be spaced at a
distance of 200 feet. Alternative standard spacing may be considered
by the reviewing agency, provided that the applicant can show that
such spacing provides adequate light intensity and is consistent with
all other development.
(6)
Maintenance. The reviewing board shall consider maintenance
and access regarding light locations. Light shall not be placed in
high or inaccessible locations where maintenance would be difficult.
A.
General standards. The lot size, width, depth, shape,
orientation and the minimum building setback lines shall be appropriate
for the location of the subdivision and for the type of development
and use contemplated.
B.
Regulations.
(1)
Lot dimensions. Lot dimensions and area shall not
be less than the requirements of the zoning provisions.
(2)
Side lot lines. Insofar as is practical, side lot
lines shall be either at right angles or radial to street lines.
(3)
Lot approval. Each lot must front upon an approved
street with a right-of-way width of at least 50 feet.
(4)
Two street frontage. Through lots with frontage on
two streets will be permitted only under the following conditions:
(a)
Where the length of the lot between both streets
is such that future division of the lot into two lots is improbable;
and
(b)
Access shall be to the street with the lower
traffic function and the portion of the lot abutting the other street
shall be clearly labeled on the plat and in any deed that street access
is prohibited.
(5)
Road widening. Where extra width has either been dedicated
or is proposed for widening of existing street, lots shall begin at
such new or proposed street line and all setbacks shall be measured
from such line.
(6)
Contiguous lots. Two or more contiguous lots under
the same ownership, regardless of whether or not each may have been
approved as portions of a subdivision, acquired by separate conveyance
or by other operation of law, and if one or more of said lots should
not conform with the minimum area and/or dimension requirements for
the zone in which it is located, the contiguous lots shall be considered
as a single lot and the provisions of this chapter shall hold.
(7)
Nonconforming lots. Any nonconforming lot existing
at the time of adoption of this chapter which does not meet the definition
of the previous paragraph may have a building permit issued for a
permitted use without an appeal for a variance, provided that: 1)
the building coverage is not exceeded; 2) parking requirements are
met; 3) the conforming lot abuts lot on either side that are developed;
4) the nonconforming lot is the largest possible assemblage of continuous
land under the preceding paragraph. Where the nonconforming lot abuts
either a vacant lot or an oversized developed lot, the issuance of
a building permit may be delayed until the approving authority determines
the reasonableness of requiring the applicant to acquire additional
land to reduce or eliminate the nonconformity. Where the resulting
lot is still nonconforming, the yard and height provisions may be
reduced to the same percentage the area of the undersized lot bears
to the zone district requirements, except that no side yard shall
be less than half that required by the chapter or five feet, whichever
is greater, and no building shall be required to have a height less
than 12 feet.
(8)
Dedicated. Whenever land has been dedicated or conveyed
to the municipality by the owner of a lot in order to meet the minimum
street width requirements or to implement the Official Map or Master
Plan, and which lot existed at the effective date of this chapter,
the Building Inspector shall not withhold a building and/or occupancy
permit when the lot depth and/or area was rendered substandard due
to such dedication and where the owner has no adjacent lands to meet
the minimum requirements.
(9)
Double frontage. Double frontage and reverse frontage
lots shall be avoided except where essential to provide separation
of residential development from traffic arteries or to overcome specific
disadvantages of topography and orientation. A planting screen easement
at least 10 feet wide shall be provided along the line of lots abutting
such a traffic artery or other disadvantageous use. There shall be
no right of access across such easement.
(10)
Odd-shaped lots. Where there is a question as
to the shape and boundary line of a lot or lots for their optimum
use by a future occupant, including such conditions as narrow or unduly
elongated lots and other awkward appearing angles or appendages, the
reviewing board may withhold approval of such lot or lots.
(11)
Extra lot depth. Residential lots fronting on
arterial streets, lots having reverse frontage on arterial streets
and lots backing on streams shall be provided with 30 feet extra depth,
which may include utilities' easements.
(12)
Suitable lots. Where there is a question as
to the suitability of a lot or lots for the intended use, due to factors
such as soil conditions, rock formation, flood conditions, or similar
circumstances, the reviewing board may, after adequate investigation,
withhold approval of such lots or require remedial action before approval.
(13)
Frontage. No single-family residential dwelling
unit shall be permitted to front on a primary road, a major arterial
road, or on a controlled access highway except where no acceptable
alternate access is available.
(14)
Lots backing on railroads. Lots backing on railroad
right-of-way shall have additional depth equal to no less than 25%
of the depth of the majority of the lots in the proposed subdivision.
In the interest of maintaining the safety and welfare of the future
residents of the lots backing on a railroad, a protective fence and
landscaped buffer screen shall be erected by the subdivider, the type
and location of which shall be subject to the approval of the reviewing
board.
(15)
Avoiding headlight glare. If practical, lot
side lines shall be centered on street ends where "T" intersections
exist to prevent automobile lights from shining into residences.
A.
General standards. Monuments shall be required to
preserve lot identities.
B.
Regulations. Monuments shall be the size and shape
required by N.J.S.A. 46:23-9.9 et seq., of the Map Filing Law, as
amended, and shall be placed in accordance with said statute and indicated
on the file plat and in the deeds. Intersection of new lot lines and
an existing road right-of-way shall be marked with a concrete monument
whether said subdivision is filed by plat or deed. All other corners
shall be marked with a metal alloy pin of permanent character.[1]
A.
General standards. Natural resources, such as trees,
brooks, swamps, hilltops and views, shall be preserved whenever possible.
On individual lots, care shall be taken to preserve selected trees
to enhance soil stability and the landscape treatment of the area.
B.
Regulations.
(1)
Topsoil protection. Topsoil moved during the course
of construction shall be redistributed to all areas of the development
and shall be stabilized by seeding or planting. At no time shall topsoil
be removed from the site without written permission from the reviewing
board.
(2)
Existing trees. To the fullest extent possible, existing
trees shall be preserved by the developer. Special consideration shall
be given to the layout of lots and the position of dwellings on the
lots to ensure that existing trees are preserved. Special precautions
shall also be taken to protect existing trees during the process of
grading lots and road. Where any land other than for streets is to
be dedicated to public use, the developer shall not remove any trees
or topsoil from the site or change the site in any way without written
permission from the reviewing board.
(3)
Watercourses. Where a development is transversed by
a natural lake, pond or stream, the boundaries or alignment of said
watercourse shall be preserved and shall conform substantially with
the natural alignment or boundary.
(4)
Unique physical features. Unique physical features
such as historic landmarks, rock outcropping, hilltop lookouts and
similar features shall be preserved if possible. The reviewing board
may, after proper investigation, withhold approval of the lotting
of such area or areas.
A.
General standards. The applicant shall provide for
proper pedestrian and vehicular traffic movement within and adjacent
to the site. The reviewing board shall ensure that all parking spaces
are usable and safely and conveniently arranged. The design and layout
of buildings and parking areas shall be reviewed so as to provide
an aesthetically pleasing design and efficient arrangement. Particular
attention shall be given to safety and fire protection and the impact
of the facilities on adjacent buildings and land.
B.
Regulations.
(1)
Access to and from lots. Drives shall be limited to
a maximum of two to any street, except when the frontage of a property
along any one street exceeds 500 feet, the number of drives to that
street may be based on one drive for each 250 feet of property frontage.
Each drive shall handle no more than two lanes of traffic in each
direction; be at least 50 feet or 1/2 the lot frontage, whichever
is greater, but need not exceed 300 feet from the street line of any
intersecting street, and be at least 20 feet from any property line.
The width of the curb cut shall be determined by the type of traffic
to be handled. Driveways shall be reviewed by the approving authority
giving consideration to the width, curbing, direction of traffic flow
and radii of curves, except that, in driveways exceeding 24 feet in
width, consideration shall be given to a traffic flow divider. Depressed
curbing shall extend across the driveway opening. Radii of standard
curbing shall be provided to both sides of the driveway opening.
(2)
Access to parking and loading spaces. Individual parking
and loading spaces shall be served by on-site drive aisles designed
to permit each motor vehicle to proceed to and from each parking and
loading space without requiring the moving of any other motor vehicle.
Where the angle of parking is different on both sides of the aisle,
the larger required aisle width shall prevail.
(3)
Buffers. Parking and loading areas for commercial
and industrial uses shall be buffered and screened from adjoining
streets, an existing residential use, or any residential zoning district
in a manner meeting the objectives of the buffer and screening section
of this chapter.
(4)
Curbing.
(a)
All off-street parking areas containing six
or more spaces and all off-street loading areas shall have concrete
or Belgian block curbing around the perimeter of the parking and loading
areas, and to separate major interior driveways from the parking and
loading spaces. Curbing shall also be installed within the parking
or loading area to define segments of them. Precast concrete wheel
blocks shall be installed on all parking spaces which are not required
to be curbed.
(b)
All curbing shall be located in conjunction
with an overall drainage plan. Curbing installed at locations requiring
pedestrian access shall be designed in accordance with the Barrier-Free
Design Regulations of the State of New Jersey Department of Transportation.
(5)
Dimensions. Off-street parking spaces shall be 10
feet wide and a minimum of 20 feet in length.
(6)
Handicapped parking. Parking spaces for the handicapped
shall be provided as follows:
Accessible Parking Spaces
| ||
---|---|---|
Total Parking Spaces in Lot
|
Required Number of Accessible Spaces
| |
Up to 50
|
1
| |
51 to 200
|
2
| |
Over 200
|
2 plus 1% of the number of spaces over 200 rounded
to the next higher whole number
|
(a)
Parking spaces.
[1]
Parking spaces for the handicapped shall be
located as close as possible to elevators, ramps, walkways and the
accessible entrance they serve. They shall be no more than 200 feet
from the accessible entrance. They shall be as level as possible with
surface slopes not exceeding 1 to 48 1/4 inch per foot in any
direction.
[2]
Each parking space shall be marked with an R7-8
sign from the Manual on Uniform Traffic Control Devices displaying
the international symbol of accessibility. Beneath the R7-8 sign,
each parking space shall also be marked with an R7-8P sign, as required
by N.J.S.A. 39:4-197(3)c, containing the following language:[1]
Penalty
$250 First Offense
Subsequent Offenses
$250 Minimum and/or
Up to 90 Days'
Community Service
Tow-Away Zone
|
[3]
Each sign shall be protected by the installation
of a precast concrete wheel stop which is steel-reinforced, defined
as an "extra-duty parker bumper" as manufactured by the Castex Corp.,
Irvington, New Jersey, or an approved equivalent.
[4]
The bottom edge of the R7-8 sign shall be mounted
approximately 60 inches above the parking lot surface.
[5]
Where the designated space cannot be within
200 feet of the accessible principal entrance or entrance, dropoff
area is to be provided within 100 feet of such entrance or entrances.
[6]
Parking spaces for individuals with physical
handicaps shall be 12 feet wide with an unobstructed, near-level,
paved surface that is suitable for wheeling and walking.
[7]
Such parking spaces shall allow room for individuals
in wheelchairs or individuals on braces, canes and crutches to get
in and out of either side of an automobile.
[8]
A standard parking space parallel to a curb
shall constitute an acceptable space for handicapped parking, provided
that it allows sufficient area for the individuals in wheelchairs
or individuals on braces and crutches to get in and out of either
side of an automobile onto a near-level, paved surface that is suitable
for wheeling and walking, and affords route of travel accessibility
to the building.
[9]
Care in planning shall be exercised so that
individuals in wheelchairs and individuals using brace and crutches
are not compelled to wheel or walk behind parked cars.
[10]
Where applicable, curb ramps shall be provided
to permit handicapped people access from parking area to sidewalk.
(b)
Parking lots and parking garages.
[1]
Every parking lot or parking garage servicing an accessible entrance shall have at least the number of accessible parking spaces for the handicapped as set forth in Subsection B(6).
[a]
Parking lots or parking garages
servicing buildings of Use Group I-2 licensed by the Department of
Health and Senior Services shall have at least the number of accessible
parking spaces for the handicapped as set forth below:
[i]
In parking lots or parking garages
servicing a hospital, 2% of the parking spaces, but not less than
two, shall be accessible.
[ii]
In parking lots or parking garages
servicing a special purpose hospital that treats conditions that affect
mobility, 20% of the parking spaces, but not less than two, shall
be accessible.
[iii]
In parking lots or parking garages
servicing a long-term-care facility, 2% of the parking spaces, but
not less than two, shall be accessible.
[iv]
In parking lots or parking garages
servicing an outpatient facility, 10% of the parking spaces, but not
less than two, shall be accessible.
[2]
Where parking is provided, at least the number of accessible parking spaces for the handicapped as shown in Subsection B(6) shall be provided. Where there are multiple lots, the accessible parking spaces shall be proportionately divided among those lots which are within 200 feet of an accessible entrance.
(c)
The Township Council may designate parking spaces
for handicapped persons at public buildings. Public buildings as set
forth in this chapter are as defined in N.J.S.A. 52:32-6a.
(d)
The parking spaces for physically handicapped as determined and designated pursuant to this chapter shall be for the exclusive use of those vehicles displaying special markers issued by the Director of the Division of Motor Vehicles pursuant to N.J.S.A. 39:4-205 and operated or occupied by a handicapped person. The enforcing authority for parking violations within a space reserved for physically handicapped shall be the Police Department, and penalties shall be as provided by Section 15:11, Handicapped Parking (Chapter 15, Vehicles and Traffic).
(7)
Drive aisle widths. Drive aisle widths in parking
shall conform to the following minimum requirements:
Spaces: 10 feet by 20 feet
| |||
---|---|---|---|
Angle of Parking Spaces
|
One-Way Aisle
(feet)
|
Two-Way Aisle
(feet)
| |
90°
|
22
|
25
| |
60°
|
18
|
20
| |
45°
|
15
|
20
| |
30°
|
12
|
18
| |
Parallel
|
12
|
18
|
(8)
Off-street loading areas. Off-street loading areas
shall have a minimum vertical clearance of 15 feet and be designed
in accordance with the following schedule:
Loading Space
|
Aisle Length
(feet)
| |||
---|---|---|---|---|
Length
(feet)
|
Width
(feet)
|
90°
|
60°
| |
40
|
15
|
40
|
34
| |
50
|
15
|
50
|
44
| |
60
|
15
|
60
|
54
|
(9)
Drainage. All parking and loading areas shall have drainage facilities installed in accordance with good engineering practice as approved by the reviewing board engineer and in accordance with the drainage provisions of § 330-87 of this chapter. Where subbase conditions are wet, spongy or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least six inches to 12 inches below the proposed finished grade and filled with a suitable subbase material as determined by the reviewing board engineer. Where required by the engineer, a system of porous concrete pipe subsurface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material shall be applied.
(10)
Surfacing. Surfacing shall be approved as part
of the plan approval.
(a)
Areas of ingress and egress, loading and unloading
areas, major interior driveways, aisles and other areas likely to
experience similar heavy traffic shall be paved with not less than
five inches of compacted base course of plant-mixed bituminous stabilized
base course constructed in layers of not more than 2 1/2 inches
compacted thickness and prepared and constructed in accordance with
Section 304 of the New Jersey Department of Transportation Standard
Specifications for Roads and Bridge Construction (1989) and amendments
thereto. A minimum two-inch-thick compacted wearing surface of bituminous
concrete (FABC) or equivalent shall be constructed thereon in accordance
with Section 404 of the New Jersey Department of Transportation Specifications
and amendments thereto.
(b)
Parking space areas and other areas likely to
experience light traffic shall be paved with not less than three inches
of compacted base course of plant-mixed bituminous stabilized base
course or equivalent, prepared and constructed in accordance with
Section 304 of the New Jersey Department of Transportation Standard
Specifications for Road and Bridge Construction (1989) and amendments
thereto. At least two-inch compacted wearing surface of bituminous
concrete (FABC) or equivalent shall be constructed thereon in accordance
with Section 404 of the New Jersey Department of Transportation Specifications
and amendments thereto.
(11)
Landscaping. Landscaping in parking and loading
areas shall be shown on the landscaping plan. Trees shall be staggered
and/or spaced so as not to interfere with driver vision, have branches
no lower than six feet, and placed at the rate of at least one tree
for every 20 parking spaces. All areas between the parking area and
the building shall be landscaped with trees, shrubs and ground cover.
Any plantings which do not live shall be replaced within two years
or two growing seasons. A majority of the parking areas for more than
50 cars shall be obscured from streets by buildings, landscaped berms,
natural ground elevations or plantings, singularly or in combination.
(12)
Location of parking spaces and loading areas.
(a)
Loading spaces shall be located at the side
or rear of the building and on the same lot as the use being served,
may abut the building, and shall be located to directly serve the
building for which the space is being provided.
(b)
No off-street parking or loading space shall
have direct access from a street but shall have provided adequate
driveways and turning areas.
(c)
No loading or parking spaces shall be located
in any required buffer area.
(d)
No required off-street parking shall be permitted
in streets, fire lanes, driveways, aisles, sidewalks or turning areas,
or within 20 feet of the building being served.
(13)
Minimum off-street parking and loading requirements.
(a)
Minimum parking requirements. Where a particular
function contains more than one of the following categories of uses,
the total parking requirements shall be the sum of the component parts.
Use
|
Minimum Number of Required Spaces
| ||
---|---|---|---|
Auditoriums, assembly halls, community centers
|
1 for each 100 square feet of gross floor area
or 1 for each 4 seats, whichever is greater
| ||
Automotive sales
|
10 plus 1 for each employee
| ||
Banks
|
6 per 1,000 square feet of gross floor area
| ||
Barbershops, beauty salons
|
2 per chair plus 1 per employee
| ||
Bowling alleys
|
6 per alley
| ||
Church, house of worship
|
1 for each 3 seats plus 1 per pastor and 1 for
every 2 employees. (Where benches are used, a seat shall be 22 inches)
| ||
Clubs, lodges, fraternal organizations
|
20 plus 1 for each 200 square feet of gross
floor area
| ||
Department stores
|
7 per 1,000 square feet of gross floor area
| ||
Drive-in restaurants
|
1 per 25 square feet of gross floor area
| ||
Dwellings:
| |||
Single-family detached
|
2 per dwelling unit
| ||
Two-family
|
2 per dwelling unit
| ||
Townhouses
|
2 per dwelling unit
| ||
Multifamily
|
2 per dwelling unit
| ||
Funeral homes, mortuary
|
1 for each driving family resident on the premises,
plus 1 for each 2 employees, plus 1 for each 30 square feet of gross
floor area in viewing rooms, parlors, or funeral service rooms
| ||
Golf courses
|
2 per tee plus 1 per 200 square feet of gross
floor area
| ||
Hotels, motels, rooming houses
|
1 1/4 per room plus 1 per employee
| ||
Hospitals, nursing homes, convalescent centers
|
1 for each 2 beds plus 1 per doctor, plus 1
for each 2 employees. (Bassinets and ambulance space not used to determine
requirements.)
| ||
Industrial
| |||
Storage and repair
|
1 per 750 square feet of gross floor area
| ||
Manufacturing
|
1 per 700 square feet of gross floor area
| ||
Office
|
1 per 200 square feet of gross floor area
| ||
Trucking
|
1 per vehicle operating from site
| ||
Laundromats
|
1 per each 2 machines
| ||
Office
| |||
General
|
1 per 250 square feet of gross floor area
| ||
Professional
|
1 per 200 square feet of gross floor area
| ||
Doctor, dentist
|
6 per doctor or dentist plus 1 per employee
| ||
Restaurants, taverns
|
1 per each 3 seats plus 1 per each 2 employees
| ||
Research laboratory
|
1 per employee plus 10%
| ||
Retail store, service business
|
5.5 per each 1,000 square feet of gross floor
area
| ||
Service stations or auto repair facility
|
4 per service bay or lift plus 1 per employee
plus 1 per vehicle operating from site
| ||
Shopping centers
| |||
0 to 25 acres
|
6 per each 1,000 square feet gross floor area
| ||
25 to 50 acres
|
5.5 per each 1,000 square feet gross floor area
| ||
50 acres plus
|
5.3 per each 1,000 square feet gross floor area
| ||
Supermarkets, food stores
|
1 per each 100 square feet gross floor area
| ||
Schools
| |||
Grade school
|
1 per each employee plus 10%
| ||
High school
|
1 per each employee plus 10 per classroom
| ||
College
|
1 per each 2 students
| ||
Skating rink
|
1 per each 120 square feet of gross floor plan
| ||
Swimming pools
|
2 per 100 square feet of gross area in decking
and water surface
| ||
Theaters
|
1 per each 3 seats plus 1 per each employee
| ||
Wholesale store
|
1 per 400 square feet of gross floor area plus
1 per employee
| ||
Outdoor recreation
|
6 per acre or fraction thereof
|
(b)
Minimum loading requirements. Adequate off-street
loading and maneuvering space shall be provided for every use. Loading
space shall not be considered as supplying off-street parking space.
The number of spaces shall be based on the following schedule:
[1]
Commercial, general business. For every building,
structure or part thereof having over 4,000 square feet of gross floor
area erected and occupied for commerce, hospital, laundry, dry cleaning,
places of public and quasi-public assembly, and other similar uses
involved in the receipt and distribution by vehicles of material or
merchandise, there shall be provided and permanently maintained adequate
space for standing, loading and unloading services in order to avoid
undue interference with the public use of streets or alleys. Every
building, structure or addition thereto having a use which complies
with the above definition shall be provided with at least one loading
space. One additional truck space shall be provided for every additional
20,000 square feet, or fraction thereof, of gross area in the building.
[2]
Shopping centers and industrial. Each activity
shall provide for off-street loading and unloading with adequate ingress
and egress from streets. Each space shall be at least 15 feet by 40
feet. One space shall be provided for the first 7,000 square feet
of gross floor area or fraction thereof in each building and one additional
space for each additional 10,000 square feet of gross floor area or
fraction thereof. There shall be no loading or unloading from the
street.
[3]
There shall be at least one central point for
trash/garbage pickup in multifamily and nonresident uses, which shall
be separated from parking and loading areas by locating such facility
outside the building in totally enclosed metal containers, obscured
from view from parking areas, streets and adjacent residential uses
or zoning districts by a fence, wall, planting or combination of the
three. If located within the building, approval of the trash/garbage
storage facility shall be obtained from the Board of Fire Engineers.
If a container is used for trash/garbage collection functions, it
may be located adjacent to or within the general loading areas, provided
the containers do not interfere with or restrict in any manner loading
and unloading functions.
(14)
Modifications.
(a)
Authorization. The reviewing board, in its review
of the site plan for a project required to furnish parking pursuant
to the provisions of this chapter, shall review the adequacy of the
provisions called for to achieve proper planning objectives for the
site. Where the reviewing board shall determine that less than the
entire area called for is necessary to achieve proper traffic flow,
prevent traffic congestion, provide proper customer area for parking
of vehicles, and in general, where the reviewing board is satisfied
by the competent proofs produced that the public is protected with
regard to its interest in the standards of health, safety, and welfare
by the production of parking areas less than those required under
the strict application of the standards contained under this chapter,
it shall have the right to modify the requirement to the extent and
under the provisions hereinafter stated.
(b)
Proofs required. Prior to allowing the modification referred to under Subsection B(14)(a) above, the reviewing board shall take expert testimony concerning the parking needs of the tract under consideration. This testimony shall be placed in the reviewing board minutes in the form of written reports, studies or statistics or a detailed abstract of oral comments. The reviewing board shall place in the record any previous history known to the reviewing board concerning the site or adjacent or surrounding areas which affects the reviewing board's determination. The reviewing board shall make specific findings in writing concerning the needs of the tract with regard to parking areas and all such findings shall be supportable in and by the record established before the reviewing board. It shall be the responsibility of the applicant for site plan approval to pay, prior to site plan approval, the costs of all professional expert witnesses, professional assistance or evidence needed by the reviewing board to reach its decision. In addition to the above, the applicant at his expense may produce additional testimony other than that produced by the reviewing board to bring all factors needed to make a proper, reasonable decision to the attention of the reviewing board.
(c)
Action. If upon the record the reviewing board
shall determine that the proper development of the tract would require
less than the called for parking requirement, the reviewing board
may reduce the requirement to the level which the reviewing board
determines meets the needs of the tract, conditioned upon the requirements
hereinafter stated.
(d)
Requirements.
[1]
Maximum modification. In no event shall the
reviewing board reduce the parking requirement by more than 75% of
the original requirements set forth in this chapter for the tract
involved.
[2]
Landscaped parking. All land resulting from
the reduction of the parking requirements elsewhere contained in this
chapter shall be specifically noted on the site plan as "landscaped
parking" and shall not be built upon or considered in computing the
front, side or rear yard areas, or the buffer area.
[3]
Landscaping. All land resulting from the reduction
of the parking requirement elsewhere contained in this chapter shall
be suitably improved with landscaping in accordance with requirements
elsewhere found in this chapter to provide additional drainage area,
open green space, additional area to enhance percolation of the site
and/or better aesthetics for the site.
[4]
Performance bonds. The posting of a performance
bond or other acceptable security device acceptable to the Township
Council of the Township of Burlington shall be issued to the Township
of Burlington to cover 120% of the costs of improving the landscaped
parking area with paved parking equal to that required elsewhere on
that tract. Said bond or other security device shall run for a period
of two years from the issuance of a certificate of occupancy, and
no certificate of occupancy shall be issued until said bond or other
security device is posted.
[5]
Maintenance bond. The posting of a maintenance
bond or other security device acceptable to the Township Council of
the Township of Burlington shall be calculated by the reviewing board
engineer to be sufficient in amount to assure the Township that the
landscaped area will be properly maintained in accordance with the
site plan approval. Said bond or other security device shall run for
a period of two years from the issuance of a certificate of occupancy
permit, and no certificate of occupancy shall be issued until this
bond or other security device is posted.
(e)
Change in approval.
[1]
Application procedure. At any time during the
period that the bonds or security devices required above are in effect,
the applicant or the reviewing board may require a hearing with regard
to the adequacy of the parking facilities in existence. Such a hearing
shall be treated as a continuation of the original development plan
hearing and no new application, application fee or escrow shall be
requested, except that the applicant shall still be required to pay
for all the costs of experts or professionals deemed necessary to
properly review the plan in question.
[2]
Notice or hearing request. Any applicant requesting
a hearing shall make his request at least 14 days prior to the meeting
at which consideration is sought. Where the reviewing board requests
the hearing, a notice sent certified mail, return receipt requested,
shall be issued from the board at least 10 days prior to the hearing
date.
[3]
Hearing. At the hearing, proofs to the same extent required under Subsection B(14)(b) above shall be produced in reviewing the needs of the site. In addition, the reviewing board may take into consideration the actual operational experience incurred with the site, as proven through witnesses and police records and subsequent developments involving tracts adjacent to, nearing or surrounding the site in question.
[4]
Order. After the hearing, the reviewing board
may allow or require additional parking to be provided; said action
shall be deemed an order and shall include a time period in which
compliance is to occur. Said time period shall be based on reasonable
engineering estimates. If necessary, the performance bond or other
security device shall be extended to cover a period of 14 days after
the completion date set forth in the order and failure of the applicant
to comply with the board's order shall grant the Township the right
to obtain funds from the bonding company or surety to perform the
work involved.
C.
Electric
vehicle supply/service equipment (EVSE) and make-ready parking spaces.
[Added 10-11-2022 by Ord. No. 2022-OR-030]
(1)
Electric
vehicle supply/service equipment.
(a)
Purpose The purpose of this subsection is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of EVSE and make-ready parking spaces through municipal parking regulations
and other standards. EVSE and make-ready parking spaces will support
the state's transition to an electric transportation sector, reducing
automobile air pollution, greenhouse gas emissions, and stormwater
runoff contaminants. The goals are to:
[1]
Provide adequate and convenient EVSE and make-ready parking spaces
to serve the needs of the traveling public.
[2]
Provide opportunities for residents to have safe and efficient personal
EVSE located at or near their place of residence.
[3]
Provide the opportunity for nonresidential uses to supply EVSE to
their customers and employees.
[4]
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
(b)
CERTIFICATE OF OCCUPANCY
CHARGING LEVEL
[1]
[2]
[3]
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT (EVSE)
MAKE-READY PARKING SPACE
PRIVATE EVSE
PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
The certificate provided for in N.J.A.C. 5:23-2, indicating
that the construction authorized by the construction permit has been
completed in accordance with the construction permit, the act and
the regulations. See the State Uniform Construction Code Act, P.L.
1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), and regulations adopted
pursuant thereto.
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt
AC circuit.
Level 2 operates on a forty- to 100-amp breaker on a 208- or
240-volt AC circuit.
Direct-current fast charger (DCFC) operates on a sixty-amp or
higher breaker on a 480-volt or higher three-phase circuit with special
grounding equipment. DCFC stations can also be referred to as "rapid
charging stations" that are typically characterized by industrial-grade
electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed and registered for operation
on public and private highways, roads, and streets; and operates either
partially or exclusively using an electric motor powered by an externally
charged onboard battery.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point-of-sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. EVSE may deliver either alternating
current or, consistent with fast-charging equipment standards, direct-current
electricity. EVSE is synonymous with "electric vehicle charging station."
The prewiring of electrical infrastructure at a parking space,
or set of parking spaces, to facilitate easy and cost-efficient future
installation of EVSE, including, but not limited to, Level Two EVSE
and direct-current fast chargers. "Make-ready" includes expenses related
to service panels, junction boxes, conduit, wiring, and other components
necessary to make a particular location able to accommodate EVSE on
a "plug and play" basis. "Make-ready" is synonymous with the term
"charger ready," as used in N.J.S.A. 48:25-1 et seq.
EVSE that has restricted access to specific users (e.g.,
single- and two-family homes, executive parking fleet parking with
no access to the general public, etc.).
EVSE that is publicly available (e.g., park and ride, public
parking lots and garages, on-street parking, shopping center parking,
nonreserved parking in multifamily parking lots, etc.).
(c)
Approvals and permits.
[1]
An application for development submitted solely for the installation
of EVSE or make-ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
[2]
EVSE and make-ready parking spaces installed pursuant to Subsection C(4) below in development applications that are subject to site plan approval are considered a permitted accessory use.
[3]
All EVSE and make-ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
[4]
The Zoning Officer ,with the assistance of the Township Engineer
and, where applicable, the Construction Official, shall enforce all
signage and installation requirements described in this subsection.
Failure to meet the requirements in this subsection shall be subject
to the same enforcement and penalty provisions as other violations
of the land use regulations.
[5]
An application for development for the installation of EVSE or make-ready
spaces at an existing gasoline service station, an existing retail
establishment, or any other existing building shall not be subject
to site plan or other land use board review, shall not require variance
relief pursuant to N.J.S.A. 40:55D-1 et seq., or any other law, rule,
or regulation, and shall be approved through the issuance of a zoning
permit by the Zoning Officer, provided the application meets the following
requirements:
[a]
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
[b]
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
[c]
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the State Uniform Construction
Code Act, N.J.S.A. 52:27D-119 et seq., any safety standards concerning
the installation, and any state rule or regulation concerning electric
vehicle charging stations.
[6]
An application above shall be deemed complete if:
[a]
The application, including the permit fee and all necessary
documentation, is determined to be complete;
[b]
A notice of incompleteness is not provided within 20 days after
the filing of the application; or
[c]
A one-time written correction notice is not issued by the Zoning
Officer within 20 days after filing of the application detailing all
deficiencies in the application and identifying any additional information
explicitly necessary to complete a review of the permit application.
[7]
EVSE and make-ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable municipal and/or Department of Community
Affairs inspection requirements.
[8]
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
(2)
Requirements
for new installation of EVSE and make-ready parking spaces.
(a)
Multiple dwellings with five or more units of dwelling space.
[1]
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
[a]
Prepare as make-ready parking spaces at least 15% of the required
off-street parking spaces and install EVSE in at least 1/3 of the
15% of make-ready parking spaces;
[b]
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional 1/3 of the
original 15% of make-ready parking spaces; and
[c]
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final 1/3 of the original 15% of
make-ready parking spaces.
[2]
Throughout the installation of EVSE in the make-ready parking spaces,
at least 5% of the electric vehicle supply equipment shall be accessible
for people with disabilities.
[3]
Nothing in this subsection shall be construed to restrict the ability
to install electric vehicle supply equipment or make-ready parking
spaces at a faster or more expansive rate than as required above.
(b)
Parking lots and garages.
[1]
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection C(2)(a) above shall:
[a]
Install at least one make-ready parking space if there will
be 50 or fewer off-street parking spaces.
[b]
Install at least two make-ready parking spaces if there will
be 51 to 75 off-street parking spaces.
[c]
Install at least three make-ready parking spaces if there will
be 76 to 100 off-street parking spaces.
[d]
Install at least four make-ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
[e]
Install at least 4% of the total parking spaces as make-ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
[2]
In lieu of installing make-ready parking spaces, a parking lot or
garage may install EVSE to satisfy the requirements of this subsection.
[3]
Nothing in this subsection shall be construed to restrict the ability
to install EVSE or make-ready parking spaces at a faster or more expansive
rate than as required above.
[4]
Notwithstanding the provisions of this subsection, a retailer that
provides 25 or fewer off-street parking spaces or the developer or
owner of a single-family home shall not be required to provide or
install any EVSE or make-ready parking spaces.
(3)
Minimum
parking requirements.
(a)
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 330-99.
(b)
A parking space prepared with EVSE or make-ready equipment shall
count as at least two parking spaces for the purpose of complying
with a minimum parking space requirement. This shall result in a reduction
of no more than 10% of the total required parking.
(c)
All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
(4)
Reasonable
standards for all new EVSE and make-ready parking spaces.
(a)
Location and layout of EVSE and make-ready parking spaces is expected
to vary based on the design and use of the primary parking area. It
is expected flexibility will be required to provide the most convenient
and functional service to users. Standards and criteria should be
considered guidelines and flexibility should be allowed when alternatives
can better achieve objectives for provision of this service.
(b)
Installation.
[1]
Installation of EVSE and make-ready parking spaces shall meet the
electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
[2]
Each EVSE or make-ready parking space that is not accessible for
people with disabilities shall be not less than nine feet wide or
18 feet in length. Exceptions may be made for existing parking spaces
or parking spaces that were part of an application that received prior
site plan approval.
[3]
To the extent practical, the location of accessible parking spaces
for people with disabilities with EVSE and make-ready equipment shall
comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
[4]
Each EVSE or make-ready parking space that is accessible for people
with disabilities shall comply with the sizing of accessible parking
space requirements in the Uniform Construction Code, N.J.A.C. 5:23,
and other applicable accessibility standards.
(c)
EVSE parking.
[1]
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE. An owner may establish time limits.
[2]
Electric vehicles may be parked in any parking space designated for
parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
[3]
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the Police Department and enforced in the same manner as any other parking. It shall be a violation to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in an EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to a fine of $100, and the offending vehicle may be towed and impounded. Signage indicating the penalties for violations shall comply with Subsection C(4)(e) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
[4]
Private parking. The use of EVSE shall be monitored by the property
owner or designee.
(d)
Safety.
[1]
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green-painted pavement and/or curb markings, a green-painted charging pictograph symbol, and appropriate signage pursuant to Subsection C(4)(e) below.
[3]
Adequate EVSE protection such as concrete-filled steel bollards shall
be used for publicly accessible EVSE. Nonmountable curbing may be
used in lieu of bollards if the EVSE is set back a minimum of 24 inches
from the face of the curb. Any stand-alone EVSE bollards should be
three to four feet high with concrete footings placed to protect the
EVSE from accidental impact and to prevent damage from equipment used
for snow removal.
[4]
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted and shall contain a cord management system as described in Subsection C(4)(d)[5] below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
[5]
Each EVSE shall incorporate a cord management system or method to
minimize the potential for cable entanglement, user injury, or connector
damage. Cords shall be retractable or have a place to hang the connector
and cord a safe and sufficient distance above the ground or pavement
surface. Any cords connecting the charger to a vehicle shall be configured
so that they do not cross a driveway, sidewalk, or passenger unloading
area.
[6]
Where EVSE is provided within a pedestrian circulation area, such
as a sidewalk or other accessible route to a building entrance, the
EVSE shall be located so as not to interfere with accessibility requirements
of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable
accessibility standards.
[7]
Publicly accessible EVSEs shall be maintained in all respects, including
the functioning of the equipment. A twenty-four-hour on-call contact
shall be provided on the equipment for reporting problems with the
equipment or access to it. To allow for maintenance and notification,
the property owner shall provide the Township Clerk with information
on the EVSE's geographic location, date of installation, equipment
type and model, and owner contact information.
(e)
Signs.
[1]
Publicly accessible EVSE shall have posted regulatory signs, as identified
in this subsection, allowing only charging electric vehicles to park
in such spaces. For purposes of this subsection, "charging" means
that an electric vehicle is parked at an EVSE and is connected to
the EVSE. If time limits or vehicle removal provisions are to be enforced,
regulatory signs, including parking restrictions, shall be installed
immediately adjacent to, and visible from, the EVSE. For private EVSE,
installation of signs and sign text is at the discretion of the owner.
[2]
All regulatory signs shall comply with visibility, legibility, size,
shape, color, and reflectivity requirements contained within the Federal
Manual on Uniform Traffic Control Devices as published by the Federal
Highway Administration.
[3]
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection C(4)(e)[2] above.
[4]
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces:
(f)
Usage fees.
[1]
For publicly accessible municipal EVSE – RESERVED.
[2]
Private EVSE. Nothing in this subsection shall be deemed to preclude
a private owner/designee of an EVSE from collecting a fee for the
use of the EVSE, in accordance with applicable state and federal regulations.
Fees shall be available on the EVSE or posted at or adjacent to the
EVSE parking space.
A.
General standards. Landscaping shall be provided as
part of the overall development plan design. This landscaping shall
be integrated into building arrangement, topography, parking and buffering
requirements. Landscaping shall include trees, bushes, shrubs, ground
cover, perennials, annuals, plants, sculpture, art and the use of
building and paving materials in an imaginative manner.
B.
Regulations.
(1)
Natural topography and vegetation. The applicant shall
use natural topography and vegetation where possible. Large parking
areas are not to be stripped of vegetation without requiring reseeding
or replanting of all unpaved areas.
(2)
Saving of trees. Every attempt shall be made by the
applicant to save existing trees even at the loss of parking spaces.
Clumps of trees should be saved over single trees. Care should be
taken by the reviewing board to properly evaluate site clearing proposals
recognizing that wild trees often do not survive when their habitat
is drastically altered. Where loss of trees is suggested, replacement
should be required.
(3)
Slopes. Slopes in excess of 3:1 shall be avoided unless
necessitated by unusual site limitations. All slopes shall be stabilized
in a manner acceptable to the reviewing board engineer.
(4)
Parking areas in front of buildings. Parking lots
located in front of buildings shall be landscaped to separate them
from adjacent roadways.
(5)
Screen areas and buffers. Tall dense screens are required along nonpenetrable side lines, rear property lines and where commercial or industrial parking areas abut residences or residential zones. Evergreens such as white pine, Austrian pine, Canadian hemlock, Serbian spruce, arborvitae and upright yews may be used, provided they meet specified height requirements. All screening and buffering shall be in accordance with § 330-85 of this chapter.
(6)
Driveways. The areas adjacent to the driveways shall
be planted in low plants or grass. Appropriate low plants include
butterfly bush, Sargent juniper, inkberry, Japanese barberry or shrubby
cinquefoil.
(7)
Other required landscaped areas.
(a)
Where a development plan indicates raised walkways
between opposing rows of cars, areas at the end of bays or, where
proposed or required by the reviewing board, specific planting islands
are indicated, these areas shall be landscaped. Planting strips may
be as narrow as five feet, with a fifteen-foot-to-twenty-foot width
most desirable. All should be raised and protected by permanent concrete
curbing.
(b)
The applicant shall landscape 5% to 10% of the
parking areas provided.
(8)
Natural setting. In proposing a landscaping plan,
an applicant shall take care, and the Board in reviewing shall require,
that a natural setting consistent with prevailing community standards
be preserved. Recognizing that a major community asset lies in the
preservation of the natural condition of property, all efforts in
the area of landscaping shall be exercised to provide consistent landscaping
proposals with existing foliage.
A.
General standards. It is recognized by the Township
that a catalogue of regulations cannot include all conditions which
may reasonably come before the reviewing board on development plan
approval. All uses must demonstrate that they meet certain basic performance
requirements. The items listed below are designed to provide for uses
which are consistent with the health, safety and welfare of the community
at large. A reviewing board shall take into consideration and evaluate
proposals based upon their compliance with standards set forth below.
B.
Regulations.
(1)
Electricity. Electronic equipment shall be shielded
so there is no interference with any radio or television reception
beyond the operator's property as the result of the operation of such
equipment.
(2)
Glare. No use shall direct or reflect a steady or
flashing light beyond its lot lines. Exterior lighting and lighting
resulting from any manufacturing or assembly operations shall be shielded,
buffered and directed as approved on the development plan so that
any glare, direct light, flashes or reflection will not interfere
with the normal use of nearby properties, dwelling units and streets.
(3)
Air, water and environmental pollution. No use shall
omit heat, odor, vibrations, noise or any other pollutant into the
ground, water or air that exceeds the provisions of this chapter.
No building permit, zoning permit or certificate of occupancy shall
be issued for any use until a state permit has been issued, where
a state permit is required, to ascertain and approve the level of
emission, quality of emission, type and quality of emission control,
and such other state regulations governing the emission of pollutants
into the ground, water or air.
(4)
Storage and waste disposal. No materials or wastes
shall be deposited upon a lot in such form or manner that they can
be transferred off the lot, directly or indirectly, by natural forces
such as precipitation, surface water, evaporation or wind. All materials
or wastes which might create a pollutant, be a safety hazard, or be
a health hazard shall be stored indoors and/or be enclosed in appropriate
containers to eliminate such pollutant or hazard. No hazardous materials
shall be stored on a property except under conditions approved by
the Fire District and the New Jersey Department of Labor and Industry.
[Amended 10-27-2009 by Ord. No. 09-OR-025]
(5)
Alternative energy sources. Alternative energy sources
(i.e. windmills, solar collectors) shall not be installed without
proper reviewing board approval. No such facility shall interfere
with the normal use of nearby properties, dwelling units and streets.
A.
General standards. All utility services, except potable
water, shall be connected to an approved utility system, where one
exists, if applicable and approved by the public utility. The connection
of private water systems to public systems shall be optional. The
connection of alternate energy sources should be made to public energy
sources to ensure continued service at desirable levels. The use or
disposal of wastes from alternate sewerage treatment facilities should
comply with existing local, state and federal regulations.
B.
Regulations.
(1)
Servicing utility. The developer shall arrange with
the servicing utility for the underground installation of the utility's
distribution supply lines and service connections in accordance with
the provisions of the applicable standard terms and conditions incorporated
as a part of its tariff as the same are then on file with the Department
of Public Utilities.
(2)
Written documentation. The developer shall submit
to the reviewing board, prior to the granting of final approval, a
written instrument from each serving utility which shall evidence
full compliance or intended full compliance with the provisions of
this section; provided, however, that lots which abut existing streets
where overhead electric or telephone distribution supply lines and
service connections have heretofore been installed may be supplied
with electric and telephone service from those overhead lines, but
the service connections from the utilities' overhead lines shall be
installed underground. In the case of existing overhead utilities,
should a road widening or an extension of service or other such condition
occur as a result of the development and necessitate the replacement,
relocation or extension of such utilities, such replacement, relocation
or extension shall be underground.
(3)
Screening. Where natural foliage is not sufficient
to provide year-round screening of any utility apparatus appearing
above the surface of the ground, other than utility poles, the applicant
shall provide sufficient live screening to conceal such apparatus
year round. All screening shall be in accordance with the buffering
and screening section of this chapter.
(4)
Hardship. On any lot where by reason of soil conditions,
wooded area or other special condition of land, the applicant deems
it a hardship to comply with the provisions of this section, the developer
may apply to the reviewing board for an exception from the terms of
this section. Where overhead lines are permitted as the exception,
the alignments and pole locations shall be carefully routed to avoid
locations along horizons, avoid the clearing of swaths through wooded
areas by selective cutting and a staggered alignment, by planting
trees in open areas at key locations to minimize the views of the
poles and alignments, by following rear lot lines and other interior
locations, and similar design and location considerations to lessen
the visual impact of overhead lines.
(5)
Exemption. Any installation under this section to
be performed by a servicing utility shall be exempt from requiring
performance guarantees but shall be subject to inspection and certification
by the Municipal Engineer.
A.
General standards. It shall be the responsibility
of the applicant to provide for the adequate disposal of wastewater
emanating from a proposal for which approval is sought. The reviewing
board shall determine both the method and the effect which the proposed
solution to the requirement presents both to those who will be utilizing
the applicant's tract and to those who may be affected by the recommended
solution.
B.
Regulations.
(1)
Connection required. If a sewage treatment and distribution
system is accessible, the developer shall construct facilities in
such a manner as to provide adequate sewerage within the development
to transport all sewage from each lot and the total development to
said treatment and distribution system. Where a treatment and distribution
system is part of the adopted Township capital improvements program
or master sewer plan, and said system will be reasonably accessible
to the proposed development, the developer shall install dry sewers
designed to tie into the proposed facility upon its completion.
(2)
Standard. Any sanitary sewer collection system shall be adequate to handle all present and probable future development. Alignments outside streets shall require easements or rights-of-way in accordance with § 330-88, Easements.
(3)
Approvals. Any treatment plant and collection system,
including individual on-lot septic systems, shall be designed in accordance
with the requirements of the State Department of Environmental Protection
and Township ordinances.
(4)
Construction standards. Each applicant proposing to
utilize on-site disposal shall comply with Public Law 199, as administered
by the State Department of Environmental Protection.
(5)
Suitability. Each applicant proposing on-site sewerage
disposal shall demonstrate that the area is suitable for septic treatment,
and in this regard, each applicant is required to cause two percolation
tests to be undertaken in the immediate area where the septic field
is proposed to be constructed which demonstrate compliance with the
Township ordinances dealing with on-site wastewater disposal. Where,
due to the nature of soil conditions as set forth within plans prepared
by Burlington Township, there is a question concerning the suitability
of the lands for septic system construction, the reviewing board may
require that the applicant produce soil logs in addition to the percolation
tests suggested above to demonstrate the suitability of the land in
question for the use proposed. In making this determination, the reviewing
board shall require one soil log per three acres of ground proposed
for development. The applicant shall be required subsequent to taking
the soil log to cover up all soil log pits to eliminate the potential
of a nuisance. Each applicant proposing to utilize on-site disposal
of wastewater shall demonstrate in his application that his proposal
will not contaminate both surface water and subsurface water quality
to the extent that they will become injurious to the health, safety
and welfare of the community at large or detrimental to the ecological
balance in existence prior to construction.
(6)
Design.
(a)
Sanitary sewer pipe shall be sized for full
flow from the tract. The Township Engineer may require larger pipe
sized to accommodate future extensions.
(b)
Minimum grades at terminal runs of all sanitary
sewer lines shall be 1%.
(c)
Manholes shall be placed at every point where
the sanitary sewer line changes direction. In no instance shall the
spacing exceed 400 feet.
(d)
Prior to the final approval, the Township Engineer
shall approve all sanitary sewer designs which will become a part
of the Township facilities.
(e)
Pump station design and specifications shall
generally conform to the Burlington Township Standard Details and
Specifications on file in the office of the Burlington Township Engineer.
A.
General standards. Each applicant shall adequately
provide for the landscaping of his tract including the production
of shade trees which will promote the general quality of development.
B.
Regulations. All shade trees shall have a minimum
diameter of 2 1/2 inches measured three feet above the ground
and be of a species approved by the approving authority. Trees shall
be planted 40 feet to 60 feet apart and parallel to, but no more than
20 feet from, the curbline and shall be balled and burlapped, nursery
grown, free from insects and disease, and true to species and variety.
Stripping trees from a lot or filling around trees on a lot shall
not be permitted unless it can be shown that grading requirements
necessitate removal of trees, in which case those lots shall be replanted
with trees to reestablish the tone of the area and to conform with
adjacent lots. Dead or dying trees shall be replaced by the developer
during the next recommended planting season.
A.
General standards. An applicant shall provide sidewalks,
where their production is in accord with proper design of his project,
consistent with prevailing community standards in the area in which
the applicant's project is located and consistent with aesthetic principles.
B.
Regulations. Sidewalks shall be required at the reviewing
board's discretion, depending on the probable volume of pedestrian
traffic, the street classification in instances where streets are
involved, school bus stops, the development's location in relation
to other populated areas, and the general type of improvement intended.
Where required, sidewalks shall be at least four feet wide and located
as approved by the approving authority. Sidewalks shall be at least
four inches thick, except at points of vehicular crossing, where they
shall be at least six inches thick, having a twenty-eight-day compressive
strength of 4,500 psi, and shall be air-entrained.
A.
General standards. An applicant shall be required
to design a safe traffic pattern for his proposal. In order to achieve
proper safe traffic flow, sight triangles shall be required which
will eliminate hazardous turning movements.
B.
Regulations. Sight triangles shall be required at
each quadrant of an intersection of streets and of streets and driveways.
The area within sight triangles shall be either dedicated as part
of the street right-of-way or maintained as part of the lot adjoining
the street and set aside on any subdivision or site plan as a sight
triangle easement. Within a sight triangle, no grading, planting or
structure shall be erected or maintained more than 24 inches above
the street center line or lower than eight feet above the street center
line except for street name signs and official traffic regulation
signs. Where any street involves earth banks or vegetation, including
trees, the developer shall trim such vegetation and trees as well
as establish proper excavation and grading to provide the sight triangle.
The sight triangle is that area bounded by the intersecting streets
center lines and a straight line which connects "sight points" located
on each of these center lines. Where the intersecting streets are
of the same type, or a combination of types, two overlapping sight
triangles shall be required. These sight triangles are diagrammed
in the standard detail drawings. The classification of existing and
proposed streets shall be those shown on the adopted Master Plan or
as designated by the Planning Board at the time of the application
for approval for a new street not included on the Master Plan. A sight
triangle easement dedication shall be expressed on the plat as follows:
"Sight triangle easement subject to grading, planting and constructions
as provided for in the Burlington Land Development Ordinance." Portions
of a lot set aside for the sight triangle may be calculated in determining
the lot area and may be included in establishing the minimum setbacks
required by the zoning provisions.
A.
General standards. Each applicant proposing signs
for a development shall demonstrate that the signing will not create
visual pollution. All signs shall be designed to create a harmonious
image with the structures on the property and shall generally be constructed
of natural materials consistent with the surrounding area. Each site
plan application shall include a sign plan showing the specific design,
location, size, construction and illumination of the proposed sign
in furtherance of this standard.
B.
Regulations. These regulations shall be applicable
to all signs in all zone districts except those expressly limited
herein.
(1)
Nameplate and identification signs for single-family
dwellings. A sign indicating the name or address of the occupant may
be permitted, provided that the sign shall be no larger than one square
foot. Identification of a permitted home occupation may be included
and the sign enlarged to two square feet with the approval of the
reviewing board. Only one sign per dwelling unit is permitted in addition
to a mail box identification sign. One additional sign, not to exceed
15 square feet, may be posted at the entrance of an active farm. In
addition, signs for home security systems shall be permitted to be
placed on residential property subject to the following conditions:
(2)
Sales, rental, artisan or contractor's signs. Signs
advertising the sale or rental of the premises upon which they are
located and artisan's or contractor's signs may be permitted, provided
that:
(a)
The size of any such sign shall not exceed eight
square feet;
(b)
Not more than one of each type of sign is placed
upon any property;
(c)
Such signs shall be removed when the premises
are sold or rented or when work has been completed on the premises;
(d)
Development with four or more homes for sale
or industrial or commercial properties may be advertised on a sign
not to exceed 32 square feet. One such sign shall be permitted on
each frontage if the development fronts on more than one street. All
development signs shall be removed when 95% of the lots have been
initially sold.
(3)
Institutional signs. Signs of schools, colleges, churches
and other institutions of a similar public or semipublic nature may
be erected and maintained, provided that:
(a)
The size of any freestanding sign shall not
exceed 32 square feet and not more than one such sign is placed on
a property unless such property fronts upon more than one street,
in which instance a sign may be erected on each frontage;
(b)
Signs affixed to the facade of the structure
shall be permitted, provided the sign shall not exceed 5% of the building
facade.
(4)
Signs in nonresidential districts for single-tenanted
and single-structure developments. Business signs may be erected and
maintained when in compliance with the following provisions:
(a)
The total gross advertising area of all signs
on all sides combined, other than freestanding signs, on any one property
shall not be greater than 5% of the area of the building face fronting
on the street. The maximum area of all signs, except freestanding
signs, shall not exceed 100 square feet;
(b)
One freestanding sign shall be permitted on
any single property. The total advertising area shall not exceed 5%
of the building face fronting on the street but in no event greater
than 100 square feet.
(5)
Signs for multi-use developments, shopping centers
or industrial parks. Shopping centers, industrial parks, planned residential
developments, multi-tenanted structures or multi-structure uses shall
be governed by the following regulations:
(b)
The signing plan shall be based on an integrated design theme to include all of the elements in Subsection B(5)(a). All of the above elements shall be designed to be in harmony and consistent with each other, the architecture and materials of principal structures and the landscaping plan. The reviewing board, in its sole discretion, shall determine if a proposed signing plan meets the goals and objectives of this subsection.
(c)
The total area of all signs affixed to each
store shall not exceed 10% of the building facade of the store. The
reviewing board may permit a total sign area of up to 15% of the building
facade if, in the reviewing board's judgment, such additional area
shall assist in developing a harmonious and integrated sign plan in
accordance with the goals and objectives of this subsection.
(d)
Freestanding signs shall be located on poles,
kiosks, stanchions or similar supports. Such signs shall have an area
not in excess of 5% of the building face fronting on the street but
in no event greater than 100 square feet. The reviewing board may
permit a total sign area of up to 150 square feet if, in the reviewing
board's judgment, such additional area shall assist in achieving the
goals and objectives of this subsection.
(e)
Only one such freestanding sign shall be permitted
on any single property regardless of the number of establishments
on the property except that the Planning Board may authorize an additional
freestanding sign if the property has access from more than one public
street.
(6)
General regulations. The following regulations shall
apply to all permitted and preexisting nonconforming signs:
(a)
Only those signs identifying the name, business,
occupant, service, address or product offered or sold on the premises
shall be permitted or erected. Signs may include the time and temperature,
and notice of upcoming community events and programs.
[Amended 10-11-2022 by Ord. No. 2022-OR-026]
(b)
Signs attached to a principal structure shall
not extend above the roofline or parapet.
(d)
The top of freestanding signs shall not exceed
the height limit of principal structures in the zone where located
or 25 feet, whichever is less.
(e)
The bottom of a freestanding sign, other than
a permitted monument sign, shall be at least eight feet from the height
of the center line of the street. A monument-style sign meeting all
of the other requirements of this chapter, and which is not located
in a sight triangle, shall be permitted upon the applicant demonstrating
to the satisfaction of the Township Engineer that the proposed sign
will not impede sight lines for motorists entering or exiting the
property on which it is located or any motorists or pedestrians travelling
along the roadway on which it fronts.
[Amended 10-11-2022 by Ord. No. 2022-OR-026]
(f)
Signs higher than 36 inches, whether portable,
permanent or temporary, other than municipal, county or state signs,
shall not be erected within the right-of-way of any street or approved
sight easements nor shall any sign be located so as to constitute
a traffic hazard.
(h)
A permit is required for all temporary signs
erected for a special event such as a sale. The permit fee shall be
$2 per week. No location of business shall be permitted such temporary
sign for more than 12 weeks in any calendar year.
(i)
Temporary signs not exceeding 32 square feet
in area announcing a campaign, drive or event of a civic, philanthropic,
educational or religious organization, provided that the sponsoring
organization shall ensure proper and prompt removal of such sign.
No such sign shall be erected more than 30 days prior to the event
advertised, and all such signs shall be removed within 10 days after
the event.
(j)
Temporary signs for an election shall be permitted
with the property owner's permission for a period not to exceed four
weeks.
(k)
Commercial advertising signs shall not be permitted in any residential district in the municipality other than pursuant to § 330-107B(1) of this chapter.
(l)
Whenever a sign shall become structurally unsafe
or endangers the safety of the building or the public, the Construction
Officer shall order such sign be made safe or removed. Such order
shall be complied with within 10 days of the receipt thereof by the
person owning or using the sign or the owner of the building or premises
on which such unsafe sign is affixed or erected.
(m)
Signs shall not be located closer than the following
distances to street rights-of-way:
Area of Sign
(square feet)
|
Minimum Distance
(feet)
| |
---|---|---|
Less than 25
|
10
| |
26 to 75
|
15
| |
76 or more
|
20
|
The reviewing board shall be authorized to waive
the strict application of these standards because of local site conditions
if strict adherence would cause inconvenience to the public or constitute
a hazard.
|
(n)
The area surrounding ground signs shall be kept
clean, neat and landscaped. The tenant, owner or occupant to which
the sign applies shall be responsible for maintaining the condition
of the area. Common or directory signs shall be maintained by the
property owner or his designee.
(o)
Directional signs having an area of less than
three square feet are exempt from area and location regulations, provided
that they are not higher than 36 inches above the center line of the
street and they do not constitute a hazard to the travelling public
but shall be shown on an approved development plan.
(p)
All signs shall be kept in good repair. Structural
elements, casings, faces, lettering and lighting shall be maintained
by the owner.
(q)
Any location where business goods are no longer
sold or produced or where services are no longer provided shall have
30 days to remove any remaining or derelict on-premises signs following
notification by the municipality and at the expense of the owner of
the property. Where due written notification has been given by the
municipality and compliance has not been made within the required
thirty-day period, the municipality may cause removal of such sign
with the cost of such removal to be attached to the property.
(r)
An applicant shall also comply with all applicable
county, state and federal sign regulations.
(s)
Banners, flags, pennants, tents and similar
blank devices are prohibited except upon occasion of the opening of
a new business use, in a commercial or industrial zone, when banners,
pennants or flags may be used for a period not to exceed 14 days to
announce the opening of said business, and for special sales events
or promotions, for a period not to exceed 14 days, not more than four
times per calendar year.
(t)
No vehicle which is not registered shall be
regularly parked, stopped or located in such a manner as to be used
as or considered a sign.
(u)
Gasoline stations may also erect one temporary
sign specifically advertising special features. Such sign shall not
exceed 12 square feet on each side.
(v)
The Zoning Officer shall enforce the provisions of this chapter, except the provisions of Subsection B(6)(l) above. Upon discovery of an alleged violation of this Sign Ordinance, the Zoning Officer shall serve written notice, either by personal service or certified mail, return receipt requested, on the owner of the sign and/or the owner or lessee of the property where the sign is located, ordering the sign to be brought into conformity with provisions of this chapter or its removal within 30 days of the date of said notice, or seven days if the alleged violation concerns a temporary sign. The notice shall include notification that, if the sign is not brought into conformity and removed within such time, a summons and/or complaint will be issued. In the event said sign is not brought into conformity with the provision of this chapter or removed prior to said 30 days or seven days from the date of said notice, the Zoning Officer shall cause a summons and/or complaint to be issued.
(w)
Any person, firm, corporation or other entity convicted of a violation of this section or any subsection or provisions hereof shall be subject to the penalties set forth in § 330-135. Each day that such violation shall continue shall be deemed a separate offense or violation, and each sign, if there be more than one, shall constitute a separate offense herein. In addition to any fine imposed hereunder, the sentencing court, upon conviction, shall order the removal of the sign or the sign being brought into conformity with the provisions of this section, at the owner's sole expense.
[Amended 9-23-2008 by Ord. No. 08-OR-025]
(x)
In the event it shall be determined by the Zoning
Officer that the presence of any sign, either by reason of its construction,
location or lack of maintenance and repair, presents a hazard to the
health, safety and welfare of the residents of the Township of Burlington,
said Zoning Officer shall be empowered to immediately effectuate the
removal of said sign, and the expenses and costs of said removal shall
be borne by the owner of said sign and/or the owner or lessee of the
property upon which the sign is located.
(7)
House numbering. All residential dwellings will be
clearly marked with the house number assigned by the Burlington Township
Administrative Officer within 14 days of occupancy of the dwelling.
This number shall be permanently displayed on the front of the dwelling
in an area where no obstructions will hinder its viewing from the
street line. Numbering shall be no specific type or style but large
enough and shall be of a color which contrasts with the color of the
dwelling unit so that the number can be viewed from the street without
the aid of magnification apparatus.[1]
C.
Street sign regulations. Notwithstanding anything
herein to the contrary, this section shall govern the specifications
of all street signs to be constructed within the Township of Burlington.
All street signs shall be constructed in accordance with the following
standards:
D.
Billboard signs.
[Added 12-28-2004 by Ord. No. 04-OR-030; amended 10-27-2009 by Ord. No.
09-OR-022]
(1)
The following regulations shall govern the construction and maintenance
of a "billboard sign," either as a permitted principal or accessory
structure, which is defined as an off-premises sign, including the
supporting sign structure, used for the purpose of the business of
outdoor advertising when the sign consists principally of brand name
or trade name advertising and the product or service advertised is
only incidental to the principal activity conducted on the property
or when it brings rental income to the property owner. A billboard
sign must be visible from an interstate highway. The following types
of signs shall not be considered a billboard sign for purposes of
this chapter:
(a)
Directional or official sign authorized by law: a sign erected
for the convenience of the public, such as for directing traffic movement,
parking, or for identifying rest rooms, public telephones, walkways
and other similar features or facilities and bearing no advertising
message, or signs erected by a governmental agency or its designee
setting forth information pursuant to law.
(b)
Real estate sign: a sign which advertises the sale or lease
of property upon which the sign is located.
(c)
On-premises sign: a sign that advertises the primary goods or
services sold or taking place upon the premises on which the sign
is located.
(2)
Location. Billboard signs shall only be permitted to be erected in
the I-1 and I-2 Zones adjacent to interstate highways. They are expressly
prohibited in all other zone districts, including the BLI-1 and BLI-2
Zone Districts.
(3)
Size. The size and dimensions of all billboard signs shall conform
to the applicable requirements of N.J.A.C. 16:41C-8.7(b)(4), but in
no event shall the maximum signage facing in any direction exceed
1,000 square feet in area.
(4)
Height. A billboard sign shall maintain a minimum clearance of 10
feet measured from the ground level at the base of the sign to the
bottom of the sign face. No sign or sign support structure shall be
erected to a height greater than 100 feet above the level of the adjacent
interstate highway, as measured from the elevation of the roadway
(at the edge of road adjacent to the sign structure) to the highest
point on the structure. However, signs erected adjacent to an elevated
highway (not constructed on embankment) shall not exceed 50 feet above
the elevation of the adjacent roadway to the highest point on the
structure.
(5)
Setback requirements.
(a)
Billboard signs shall not be located within sight triangles
and shall be set back a minimum of five feet and a maximum of 100
feet from the property line adjacent to the interstate highway, as
measured from the closest point of the sign or sign panel to the right-of-way.
(b)
A billboard sign may not interfere with or be placed in the
public right-of-way. In no case shall any portion of a billboard sign
overhang into the public right-of-way, unless allowed by the public
entity.
(6)
Residential area restrictions. No billboard sign shall be located
closer than 600 feet to any residential zone boundary; however, the
reviewing board may increase this distance to provide a suitable buffer
from any adjacent residential property which would suffer an adverse
visual impact from the location of a billboard sign.
(7)
Spacing for signs. No billboard sign may be erected within 1,000
feet of any other billboard sign, measured in accordance with the
standards set forth in N.J.A.C. 16:41C-8.7(a)(2). This distance regulation
shall not apply to spacing between a billboard and a directional sign,
official sign, approved on-premises signage or to any other sign which
is not a billboard sign.
(8)
Billboard standards.
(a)
Permitted signs; restrictions.
[1]
The following billboard signs shall be permitted:
[a]
One-sided sign: a billboard sign which faces oncoming
traffic proceeding along the nearest traffic lane to the billboard
sign.
[b]
Back-to-back billboard sign: a billboard sign consisting
of two sign facings oriented in opposite directions with not more
than two faces per sign.
[c]
V-shaped billboard sign: a billboard sign structure
which consists of multiple sign facings placed at angles to each other,
oriented in different directions and not exceeding 10 feet apart at
the nearest point to each other.
[2]
However, not more than two sign faces at a single location shall
be visible to traffic traveling in the same direction. If two sign
faces are placed to be visible to traffic traveling in the same direction
(that is, side-by-side or one above another), the total combined area
and dimensions of the advertising surfaces shall not exceed the maximum
area and dimensions allowed. If sign faces are placed back-to-back
or in a V-type construction, the maximum area and dimensions shall
apply to the sign faces on each side of the sign.
(b)
Multiple message signs shall conform to the standards set forth
in N.J.A.C. 16:41C-8.8.
(c)
No vehicle or movable structure shall be regularly parked, stopped
or located in such a manner as to be used as or considered a billboard
sign.
(d)
The billboard sign shall not emit smoke, steam, visible vapors,
particles or sound.
(e)
The billboard sign shall not be of such design or location that
it interferes with, competes for attention with, or may be mistaken
for a traffic signal. This shall include the use of an arrow, the
words "stop" or "yield" or the use of the colors red, yellow or green
in direct illumination or in high reflection by the use of special
preparations such as fluorescent paint or glass.
(f)
The billboard sign may be illuminated but shall be arranged
so that no light or glare is directed or reflected to adjoining lots
or streets or into residential windows. External beams shall not be
directed downward and shall be shielded to prevent spillage off the
lot. The billboard sign shall not exhibit exposed incandescent bulbs,
neon tubes or mirrors. The lighting of the sign may not commence before
dusk and shall terminate at 12:00 midnight.
(g)
The billboard sign shall be of sound construction and shall
be permanently affixed to the ground in a manner conforming to the
New Jersey Uniform Construction Code.
(h)
The billboard sign shall be periodically maintained by the owner,
including painting, repairing and cleaning, as necessary. Any billboard
sign that, because of improper maintenance, is deemed to be in a state
of disrepair shall be repaired by the owner of said sign within 14
days of the notice requiring repair. If the repair is not done, the
sign shall be considered as subject to the remedial regulations of
the Property Maintenance Code of Burlington Township.[2]
(9)
Incomplete billboard signs. Billboard signs that are not completed
within 120 days of the commencement of construction shall be removed.
Failure to do so shall be considered a violation of this chapter and
permit the Township to seek all remedies available to it for the removal
and other related relief.
(10)
Insurance requirements. The billboard sign owner will indemnify
and hold Burlington Township harmless from any damages resulting in
connection with any claim made for personal injury and/or property
damage in connection with the billboard sign.
(11)
Approvals. No billboard signs shall be erected without securing
all necessary permits and approvals from Burlington Township. In addition
thereto, prior to the erection of the billboard sign, the billboard
sign applicant shall be required to obtain approvals from all other
agencies having jurisdiction in connection with the billboard sign,
including, but not limited to, the NJDOT Office of Outdoor Advertising
Services. In the event that the regulations applicable to another
agency having jurisdiction conflict with the regulations set forth
herein, the more stringent standard shall govern.
A.
General standards. All developments shall incorporate
soil erosion and sediment control programs phased according to the
scheduled progress of the development, including anticipated starting
and completion dates.
B.
Regulations.
(1)
Data required. The applicant shall submit a natural
resources plan as outlined under the development review provisions
of this chapter which shall clearly establish the means of controlling
soil erosion and sedimentation for each site, or portion of a site
when developed in stages. The soil erosion and sediment control measures
shall have the approval of the Soil Conservation Service pursuant
to the Soil Erosion and Sediment Control Act (c. 251, P.L. 1975).[1]
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
(2)
Control measures. Control measures shall apply to
all aspects of the proposed land disturbance and shall be in operation
during all stages of the disturbance activity. The following principles
shall apply to the soil erosion and sediment control plan:
(a)
Stripping of vegetation, grading or other soil
disturbance shall be done in a manner which will minimize soil erosion;
(b)
Whenever feasible, natural vegetation shall
be retained and protected;
(c)
The extent of the disturbed areas and the duration
of its exposure shall be kept within practical limits;
(d)
Either temporary seeding, mulching or other
suitable stabilization measures shall be used to protect exposed critical
areas during construction or other land disturbances;
(e)
Drainage provisions shall accommodate increased
runoff resulting from modified soil and surface conditions during
and after development of land disturbances;
(f)
Water runoff shall be minimized and retained
on site wherever possible to facilitate groundwater recharge;
(g)
Sediment shall be retained on site; and
(h)
Diversions, sediment basins and similar required
structures shall be installed prior to any on-site grading or land
disturbance.
(3)
Maintenance. All necessary erosion and sediment control
measures installed under these provisions shall be adequately maintained
for one year after completion of the approved plan or until such measures
are permanently stabilized as determined by the engineer. The engineer
shall give the applicant, upon the applicant's request, certification
of this determination.
(4)
Soil prevention plan. Each tract shall have a soil
erosion prevention plan to accompany the development plan, which shall
show temporary sedimentation basin(s) through which stormwater will
be directed during periods of contemporary ditching and final contours.
In addition, the plan shall outline general construction stages to
illustrate what portion(s) of the site will be unprotected at various
stages, the maximum amount of land to be exposed at various stages,
the availability and use of water trucks to prevent dust and erosion
by wind, areas where topsoil will be stockpiled during construction,
the areas where it will be redistributed after completion of the applicable
stage of construction, the methods of seeding the topsoil while it
is stockpiled and again after its redistribution, and a plan of progressing
toward completion of the entire project that shall outline how and
at what stages and approximate times the previously exposed areas
will be final graded and seeded or paved or by some other means have
the soil stabilized prior to completion of the entire project so that
permanent soil erosion prevention methods will be employed at the
earliest possible time.
(5)
Soil removal and redistribution. The excavation and
grading for completion of a development shall be done in accordance
with the approved plan which contains soil erosion and sediment control
provisions. Excavation of soil, other than required for the construction
of approved structures and supporting facilities such as but not limited
to streets, driveways and parking areas, shall be prohibited. Regrading
of property so as to redistribute topsoil throughout the site from
areas excavated for such approved structures and supporting facilities
shall be permitted but shall be done in the following manner to minimize
or eliminate the erosion of soil. Any application proposing the disturbance
of more than 5,000 square feet of surface area of land as defined
in the Soil Erosion and Sediment Control Act (c. 251, P.L. 1975) shall
include on its plan the following: the means to control or prevent
erosion, provide for sedimentation basin(s) for soil that does erode
to water, and control drainage, dust and mud on the premises as well
as abutting lands; the preservation of soil fertility and the resulting
ability of the area affected to support plant and tree growth by maintenance
of adequate topsoil consisting of at least six inches of the original
layer; maintenance of necessary lateral support and grades of abutting
lands, structures and other improvements; prevention of pits and declivities
which are hazardous or which provide insect breeding locations; the
physical limitations and characteristics of the soil shall not be
altered to prevent the use to which the land may lawfully be put;
and such other factors as may reasonably bear upon or relate to the
public health, safety and general welfare.
A.
General standards. Every applicant shall, as part
of his application for development, demonstrate to the reviewing board
the economic and market viability of his project. The reviewing board
shall determine that the proposed use will be economically sound and
has a reasonable potential for economic success. In reaching this
conclusion, the Board shall determine the market demand for the proposed
use, the existence of competition in the area where the proposed use
will compete and the potential for success in this area. The applicant
is required to demonstrate the market feasibility and to indicate
the effect which the applicant's proposal will have on the market
in order that a properly balanced community free from empty and unusable
construction can be achieved.
B.
Regulations.
(1)
Type of development. Each applicant shall demonstrate
the nature of the development which is proposed, its purpose and its
size.
(2)
Local and regional contacts. Each applicant shall
analyze and present evidence concerning the local and regional context
of the proposed site and the effect which the proposed development
will have on the local and regional market for the proposed use involved.
(3)
Market analysis. Each applicant shall discuss in his
application or in his presentation before the reviewing board the
market demand for his project, how said demand was determined and
what effect construction of the development will have on market demand
in the surrounding areas. Each applicant is required to demonstrate
in a fashion indicated by this paragraph a reasonable market feasibility
for the proposal.
(4)
Ownership. The applicant shall present proof of ownership
of the tract involved with the application or his right to proceed
with the application presented. Further, the applicant shall disclose
all rights possessed by the applicant to develop adjacent or surrounding
property in order to determine the long-range development potential
of not only the site in question but also the adjacent and surrounding
area.
(5)
Market factors. Each applicant shall present proof
sufficient to demonstrate the factors which support the site's ability
to feasibly compete in the market for residential, commercial or industrial
development.
(6)
Project sales data. Each applicant shall present proof
of the projected numbers, type, floor area and price of dwelling units
or commercial and industrial areas to be developed on the site and
the time sequence for construction of these items in order to determine
with reasonable probability the sequence of development for the proposed
tract.
(7)
Economic data. Each applicant shall produce proof
sufficient to determine, through the determination of rent and sales
price levels, the income level of the market to which the proposed
development is directed. Recognizing that commercial and industrial
proposals will also have an effect on the demand for residential housing,
this item shall also be discussed by all potential commercial and
industrial developers.
(8)
Regional needs. Each applicant shall present proof
of the effect which the proposed development will have on the regional
needs for the type of facility proposed. The regional needs may be
determined by analyzing the market for the proposed use and the geographic
area defined as the market.
(9)
Community facilities. Each applicant shall in detail
present proof concerning needed community facilities which will reasonably
be required to service the needs of the proposed development. In this
regard, the applicant shall discuss the needs for public utilities,
police protection, fire protection, recreational facilities, school
facilities and other services currently or reasonably expected to
be provided by governmental sources.
(10)
Economic variables. Each applicant shall discuss
and show evidence concerning the effect which change in critical market
variables on market projections and the range within which the project's
economic variables can vary and still be an economically viable project.
(11)
Satellite development. Each applicant shall
discuss in detail other types of development which are likely to be
encouraged to locate within the community in general and the area
of the proposed development in specific as a result of the proposed
development by the applicant.
(12)
Community economic benefit. Each applicant shall
discuss the economic benefits which are forecast as a consequence
of the project, including a discussion of employment opportunities
and the numbers and types of jobs which the proposed development will
have for the tax structure of the community.
(13)
Economic viability. Each applicant shall demonstrate
through discussion of the above items an economic viability proposal
which will not detrimentally affect the community in general.
A.
General standards.
(1)
The development plan shall conform to design standards
that will encourage good development patterns within the Township.
Where either or both an Official Map or Master Plan has or have been
adopted, the application for development shall conform to the proposals
and conditions shown thereon.
(2)
The streets, drainage rights-of-way, school sites,
public parks and playgrounds shown on an officially adopted Master
Plan or Official Map shall be considered in approval of the application
for development. Where no Master Plan or Official Map exists, streets
and drainage rights-of-way shall be shown on the final plat in accordance
with N.J.S.A. 40:55D-38 et seq., and shall be such as to lend themselves
to the harmonious development of the Township and enhance the public
welfare in accordance with the following specific design standards
of this chapter.[1]
(3)
Streets in the land development shall be oriented
so as to permit, within the limits of practicability and feasibility,
the buildings constructed thereon to maximize solar gain.
B.
Specific design requirements. Design criteria and
policy shall at a minimum meet the standards established for comparable
improvements installed by the Township. They shall, in addition, be
subject to the following design requirements.
(1)
A major development street design. A major development
shall be so designed as to provide a street pattern which is curvilinear
in design. The design of the residential development street pattern
shall be based upon a local residential street pattern connected to
a residential collector street system.
(2)
Arrangement. The arrangement of streets not shown
on the Master Plan or Official Map shall be such as to provide for
the appropriate extension of existing streets.
(3)
Minor streets. Minor streets shall be so designed
as to discourage through traffic.
(4)
Marginal service road. Development abutting arterial
streets shall provide twenty-five-foot buffer strip for planting or
some other means of separation of through and local traffic as the
reviewing agency may determine appropriate.
(5)
Entrance and access regulations. In all residential
zones, development bounded by an arterial or collector street shall
control access to said streets by having all driveways intersect minor
streets. Where the size, shape, location or some other unique circumstance
may dictate no other alternative than to have a driveway enter an
arterial or collector street, the lot shall provide on-site turnaround
facilities so it is not necessary to back any vehicle onto an arterial
or collector street, and abutting lots shall share a common access
drive. All lots requiring reverse frontage shall have an additional
depth to allow for the establishment of the buffers.
(6)
Right-of-way width.
(a)
In all developments, the minimum street right-of-way
shall be measured from lot line to lot line and shall be in accordance
with the following schedule, but in no case shall a new street that
is a continuation of an existing street be continued at a width less
than the existing street, although a greater width may be required
in accordance with the following schedule. Where any arterial or collector
street intersects another arterial or collector street, the right-of-way
and cartway requirements shall be increased by 10 feet on the right
side of the street approaching the intersection for a distance of
300 feet from the intersection of the center lines.
Name
|
Right-of-Way
(feet)
|
Cartway
(feet)
|
Sidewalks Recommended
|
Parking Permitted in Right-of-Way
|
---|---|---|---|---|
Industrial
|
60
|
40
|
No
|
No
|
Major arterial
|
120
|
60
|
Yes
|
No
|
Primary arterial
|
86
|
46
|
Yes
|
No
|
Collector street
|
66
|
46
|
Yes
|
Yes
|
Local feeder
|
60
|
40
|
Yes
|
Yes
|
Minor
|
50
|
34
|
Yes
|
Yes
|
(b)
The right-of-way for internal roads and alleys
in multifamily, commercial and industrial developments shall be determined
on an individual basis and shall be subject to approval by the reviewing
board.
(7)
Dedication. In the event that a development adjoins
or includes existing Township streets that do not conform to widths
as shown on either the Master Plan or Official Map or the street width
requirements of this chapter, additional land along both sides of
said street sufficient to conform to the right-of-way requirements
shall be anticipated in the subdivision design by creating oversized
lots to accommodate the widening at some future date. The additional
widening may be offered to the Township for the location, installation,
repair and maintenance of streets, drainage facilities, utilities
and other facilities customarily located on street rights-of-way and
shall be expressed on the plat as follows: "Street right-of-way granted
to the Township of Burlington permitting the Township to enter upon
these lands for the purpose of maintaining a street and appurtenant
uses such as storm drainage, sewer and waterlines, streetlights, sidewalks
and curbs. Additional dedication under this paragraph shall be made
at the time of final approval of a development application if the
additional dedication bears a reasonable nexus to the needs generated
by the development application." This statement on an approved plat
shall in no way reduce the subdividers' responsibility to provide,
install, repair or maintain any facilities installed in this area
dedicated by ordinance or as shown on the plat or as provided for
by any maintenance or performance guarantees. If the development is
along one side only, 1/2 of the required extra width shall be anticipated.
(8)
Reserve strips. No development showing reserve strips
controlling access to streets or another area, either developed, shall
be approved except where the control and disposal of land comprising
such strips has been given and accepted by the governing body.
(9)
Grades.
(a)
Longitudinal grades on all local streets shall
not exceed 10% nor 4% on arterial and collector streets. No street
shall have a longitudinal grade of less than 0.75%. Maximum grades
within intersections shall be 4%. The slope of the cartway from the
center line to the curbline or edge of the paving shall be 2% minimum.
Where the cartway is banked to facilitate a curve in the street alignment,
the slope toward the curbline or shoulder shall conform to accepted
engineering practices.
(b)
In general, continuous longitudinal down grades
shall not be run for more than 1,000 feet. Where the general ground
slope makes longer runs desirable, such run shall be broken by a short
upgrade of sufficient length to create a low point at least six inches
in depth. Inlets shall be located at the low point.
(10)
Intersections. Intersecting street center lines
shall be as nearly at right angles as possible and in no cases shall
they be less than 75° at the point of intersection. The curblines
shall be parallel to the center line. Approaches to all intersections
shall follow a straight line for at least 100 feet measured from the
curbline of the intersecting street to the beginning of the curve.
No more than two street center lines shall meet or intersect at any
one point. Streets intersecting another street from opposite sides
shall not be offset unless, measuring from the point of intersection
of the of the street center lines, the two intersections shall be
spaced a sufficient distance to permit a minimum of two lot depths
between the two street rights-of-way but not less than 250 feet between
rights-of-way. Any development abutting an existing street which is
classified as an arterial or collector street shall be permitted not
more than one new street every 800 feet on the same side of the street
within the boundaries of the tract being subdivided. In the spacing
of streets, consideration will be given to the location of existing
intersections on both sides of the development. Intersections shall
be rounded at the curbline and right-of-way line with the street having
the highest curb radius requirement as outlined below determining
the minimum standard for all curblines: arterial at 40 feet; collector
at 30 feet; and local streets at 20 feet. No local streets shall be
part of a four-way intersection.
(12)
Reverse curves. A tangent at least 200 feet
long shall be introduced between reverse curves on arterial and collector
streets. When connecting street lines deflect in any direction, they
shall be connected by a curve with a radius conforming to standard
engineering practice so that the minimum sight distances within the
curbline shall be 160 feet for a local street, 300 feet for a collector
street, and 550 feet for an arterial street.
(13)
Changes in grade. All changes in grade where
the difference in grade is 1% or greater shall be connected by a vertical
curve having a length of at least 50 feet for each two-percent difference
in grade or portion thereof, and providing minimum sight distances
of 160 feet for a local street, 300 feet for a collector street, and
550 feet for an arterial street. Intersections shall be designed with
as flat a grade as practical with the advice of the Municipal Engineer.
(14)
Culs-de-sac.
(a)
Dead-end streets (culs-de-sac) shall not be
longer than 600 feet and shall provide a turnaround at the end with
a radius of 60 feet to the outside edge of the cartway and 70 feet
to the outside edge of the right-of-way and tangent, whenever possible,
to the right side of the street. A landscaped island shall be provided
in the center of the cul-de-sac, which shall be designed to consider
snow removal operations. The length of the cul-de-sac shall be measured
along its center line from its intersection with the intersecting
street's center line to the center of the radius of the cul-de-sac.
(b)
If a dead-end is of temporary nature, a similar
turnaround shall be provided and provisions made for future extension
of the street and reversion of the excess right-of-way to the adjoining
properties.
(15)
Street names. No street shall have a name which
will duplicate or so nearly duplicate as to be confused with the names
of existing streets. The continuation of an existing street shall
have the same name. All street names shall be checked against the
Township Master File of Street Names.
(16)
Access road. Access roads and the area on each
side for a distance of 10 feet measured perpendicular from the edge
of pavement and for a height of 14 feet from the surface of the road
shall be kept free and clear of tree limbs, vines and other obstructions
to permit free and unobstructed use of said access road by emergency
vehicles.
(17)
Material.
(a)
Streets shall be constructed in accordance with
the following standards and specifications:
Type of Street
|
Surface
(FABC-1)
|
Base
(bituminous stabilized base)
| |
---|---|---|---|
Industrial
|
2-inch
|
6-inch
| |
Major arterial
|
2-inch
|
6-inch
| |
Primary arterial street
|
2-inch
|
6-inch
| |
Collector street
|
2-inch
|
6-inch
| |
Local feeder
|
2-inch
|
5-inch
| |
Minor
|
2-inch
|
5-inch
|
(b)
In lieu of the above requirements, flexible
roadway pavements may be designed using the procedures established
in the publication entitled "Thickness Design - Full Depth Asphalt
Pavement Structures for Highways and Streets," Manual Series No. 1
(MS-1) published by the Asphalt Institute, dated December 1969, except
as herein modified, or by using the Structural Number System, which
is taken from the Pennsylvania Department of Transportation Design
Manual, and which is explained in subsequent paragraphs.
[1]
General.
[a]
All designs shall be based on the
subgrade strength as measured by the California Bearing Ratio (CBR)
Method. Design calculations shall be submitted to the Municipal Engineer
for review and approval.
[b]
A qualified soils engineer shall
be employed to investigate, classify and thoroughly evaluate the subgrade
soils and to determine the elevation of groundwater which may be present.
A copy of his report and recommendations shall be included with the
design calculations. Sufficient tests shall be performed to adequately
determine the suitability and strength of each type of subgrade soil.
Tests along proposed streets shall be of one-hundred-foot intervals
or less, as determined by the Municipal Engineer.
[c]
In cut areas, in-place field testing
may be employed to determine the CBR of the subgrade. These tests
shall be performed in accordance with the procedures established in
Chapter VIII of the publication entitled "Soils Manual for Design
of Asphalt Pavement Structures," Manual Series No. 10 (MS-10), published
by the Asphalt Institute. The elevation of the ground surface at each
test location shall be within 18 inches of the final subgrade elevation,
and the moisture content of the subgrade shall be approximately equal
to the maximum expected during the life of the road. The moisture
content at each test location shall be obtained and shall be submitted
with the test report.
[d]
In fill areas, the California Bearing
Ratio (CBR) shall be established by laboratory testing of representative
samples of the proposed subgrade material. Each sample shall be compacted
in a cylindrical mold to the approximate density and moisture content
which will be specified for the placing of the actual fill material.
The test shall be performed in accordance with the requirements of
ASTM Test Designation D-1883-61 T, entitled "Bearing Ratio of Laboratory-Compacted
Soils." Each test specimen shall be soaked prior to testing.
[e]
Both of the proposed methods of
design are based on a Design Traffic Number (DTN) which is the average
daily number of equivalent eighteen-thousand-pound single-axle loads
estimated for the design land during the design period. A design period
of 20 years shall be used. The Design Traffic Number shall be calculated
by the methods of analysis outlined in Chapter III or Appendix "C"
of Manual Series No. 1 (MS-1), published by the Asphalt Institute.
The Design Traffic Number shall be determined from actual traffic
counts, from traffic studies of similar facilities, or from community
or regional planning studies.
[f]
To protect against excessive frost
penetration of the subgrade, a minimum total thickness of pavement
structure of 8 1/2 inches shall be provided, except when bituminous
stabilized base or full-depth asphalt paving are placed on a non-frost-susceptible
subgrade.
[g]
When other than full-depth asphalt
paving or bituminous stabilized base course are used, a two-and-one-half-inch
FABC-2 minimum depth of asphalt paving shall be provided as the surface
course.
[2]
Design using Asphalt Institute Manual. Using
the California Bearing Ratio and the Design Traffic Number as described
above, the required thickness of full-depth asphalt paving may be
obtained directly from the design charts contained in the Asphalt
Institute Publication Manual Series No. 1 (MS-1). (See Standard Detail
Drawings.) If full-depth asphalt paving is to be used, the recommendations
of MS-1 in regard to minimum thickness of paving shall be adhered
to. If, however, the designer desires to substitute alternate materials
for the base course or base and subbase courses in lieu of full-depth
asphalt paving, the thickness of each course shall be determined using
substitution ratios calculated from the relative strength coefficients
for paving components shown in the Standard Details instead of the
substitution ratios specified in MS-1.
[3]
Design using structural numbers. Using the California
Bearing Ratio and the Design Traffic Number as previously described,
the required Structural Number (SN) shall be determined from the Standard
Detail Drawings as follows:
[a]
Enter the CBR scale with the CBR
design value and project a line through the calculated Design Traffic
Number to the pivot line.
[b]
From this point on the pivot line,
project a line through the Regional Factor Scale to the Structural
Number (SN) Scale. The regional factor shall be 1.5 unless higher
values can be justified.
[c]
Read the required Structural Number
(SN). A paving section shall be selected which has a construction
number equal to or higher than the required structural number. The
construction number for a paving section shall be the sum of the construction
numbers for the surface, base and subbase course, if used. The construction
number of each course shall be obtained by multiplying the relative
strength coefficient for the proposed material by the proposed course
thickness. The relative strength coefficients shall be obtained from
the Standard Detail Drawings.
(18)
Four-way intersections. Four-way intersections
connecting a local residential street with another local residential
collector shall be prohibited.
(19)
Private streets. Private streets shall be prohibited
in major developments.
(20)
Half streets. New half or partial streets shall
not be permitted, except that wherever a proposed development borders
a half or partial street the Planning Board may require that the other
part of the street be platted in the proposed tract if it is found
that such a requirement would increase the effectiveness of the circulation
system in the area.
(21)
Multiple intersections. Multiple intersections
involving a junction of more than two streets shall be prohibited.
(22)
Intersections with arterial streets. To the
fullest extent possible, local residential street and residential
collector streets shall not intersect with arterial streets less than
800 feet apart, measured from the center line.
(23)
Partial reconstruction of existing street. Where
a portion of an existing street that abuts a proposed development
is required to be reconstructed by the reviewing board, the developer
shall overlay a minimum of one lane or 10 feet of the remaining undisturbed
pavement width.
A.
General standards. The applicant shall provide adequate
water supply to service his proposed development. The reviewing board
shall determine with the aid of its professional staff the quality,
quantity and water pressure to be adequate to provide potable water
to those who will utilize the proposed development and properly supply
water pressure as a safeguard against fire.
B.
Regulations.
(1)
Utility. Where water is accessible from a servicing
utility, the developer shall arrange for the construction of water
mains in such a manner as to make adequate water service available
to each lot, dwelling unit or use within the development. The entire
system shall be designed in accordance with the requirements and standards
of the Township, county and/or state agency having approval authority
and shall be subject to its approval. The system shall also be designed
with adequate capacity and sustained pressure for present and probable
future development.
(2)
Privately. Where public water is not available, potable
water supply shall be provided to each lot on an individual well basis.
Such wells shall be designed in accordance with the requirements and
standards of the Township and/or state agency having jurisdiction.
(3)
Easements. Where water distribution systems are installed outside streets, easements or rights-of-way shall be required in accordance with § 330-88, Easements.
(4)
Design. In general, the following policies shall be
followed in determining the size of water mains:
(a)
Lines whose primary function is and will be
to serve adjacent property will be eight inches.
(b)
Lines which serve as feeder lines to several
other streets should be eight inches and should be laid out to provide
loops with other lines which enclose areas of not more than 1/4 of
a square mile.
(c)
Lines which provide the main feed from present
or future sources of supply or storage shall be 12 inches or larger
and shall be laid out so as to form loops with other lines which enclose
not more than one square mile.
(d)
Lines whose only purpose is to serve abutting
properties and to which there is no fire hydrant connected and which
do not serve more than four residences shall be eight inches in diameter
if specifically approved by the Township Engineer and Department of
Public Works Director.
(e)
In general, criteria affecting valve and hydrant
locations shall be that not more than one hydrant is affected by shutting
off any one section; hydrants are to be located at a maximum distance
of 600 feet between hydrants, measured along the street lines of any
property in the subdivision, with not more than three valves necessary
to shut off any one section; and the number of homes affected by shutting
off any one section shall be limited to approximately 20.
(f)
The Board of Fire Engineers shall review and
approve the water main and hydrant locations prior to final approvals
of any sections.
A.
General standards. Every applicant shall, as part
of his application for development, submit a traffic impact report.
The reviewing board shall determine that existing and proposed traffic
volumes have been adequately and safely dealt with and that there
are no conflicts with other types of circulation.
B.
Regulations.
(1)
The traffic impact report shall include information
sufficient to demonstrate that satisfactory arrangements will be made
to facilitate traffic movement on the highways adjoining the development
and to assure proper circulation within the development. These arrangements
may include provision for necessary signalization, channelization,
standby-turn lanes, right-turn, acceleration or deceleration lanes,
added highway width, adequate warning signs, and adequate storage
area and distribution facilities within the development to prevent
backup of vehicles on public streets.
(2)
This information shall include, but not be limited
to, the following:
(a)
Traffic generation of the proposed project;
(b)
Existing traffic loads on surrounding roads;
(c)
Existing capacity of surrounding roads and level
of service;
(d)
Probable impact of project on capacity and service
levels;
(e)
Possible improvements necessary to ease congestion
and maintain levels of service; and
(f)
Possible impact of traffic on the structural
adequacy of adjoining streets and recommendations for paving improvements
if found necessary.
[Amended 7-13-2010 by Ord. No. 10-OR-015]
A.
ACT or SWMA
BURLINGTON COUNTY REGIONAL PROGRAM
CLASS A RECYCLABLE MATERIAL
COMMINGLED
COMMON AREA RECYCLING STORAGE LOCATION
CONDOMINIUM COMPLEX
CORRUGATED AND OTHER CARDBOARD
COUNTY
CURBSIDE DESIGNATED RECYCLABLES
CURBSIDE RECYCLING CONTAINER
DEP or DEPARTMENT
DESIGNATED RECYCLABLE MATERIALS
DSW
FIBER
MOBILE HOME PARK
MULTIFAMILY DWELLING
MUNICIPALITY
MUNICIPAL SOLID WASTE
PAPER
PERSON
QUALIFIED PRIVATE COMMUNITY
RECYCLABLE MATERIALS
RECYCLING
RESIDENT
SOLID WASTE
SOURCE-SEPARATED
SWMA
Definitions. As used in this section, the following definitions shall
apply:
The Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq.,
as amended and supplemented.
The program utilized for the collection of those recyclable
materials as designated by the Department of Solid Waste from residential
curbside, participating multifamily and participating school collection
programs.
Source-separated, nonputrescible, metal, glass, paper and
plastic containers; and corrugated and other cardboard.
A combining of source-separated recyclable materials for
the purpose of recycling.
A location designed in accordance with the land use ordinances
of this municipality as required for multifamily dwellings with more
than 20 residential units where curbside collection is not provided
under the Burlington County Regional Program.
A group of units, arranged horizontally or vertically, where
the form of ownership of real property under a master deed provides
for ownership by one or more owners of units of improvements together
with an undivided interest in common elements appurtenant to each
such unit.
All corrugated cardboard normally used for packing, mailing,
shipping or containerizing goods, merchandise or other material, but
excluding plastic, foam or wax-coated or soiled corrugated cardboard.
The Burlington County Board of Chosen Freeholders, and its
successors and assigns, acting through the Burlington County Department
of Solid Waste.
Those designated recyclables that are placed for collection
within the parameters of the curbside collection program as outlined
herein.
A portable container(s) provided by the municipality for
the temporary storage of recyclable materials unit(s), which is transported
by the occupant of the residential unit(s) to the curbline for collection
of the recyclable materials by the DSW.
The New Jersey Department of Environmental Protection.
Those recyclable materials to be source separated in this
municipality, including but not limited to aluminum cans, antifreeze,
consumer electronics, corrugated cardboard, fluorescent lights, glass
containers, lead-acid batteries, leaves, metal appliances, paper,
plastic bottles (coded No. 1 and No. 2), rechargeable batteries, steel
(tin) cans, textiles, tires and used motor oil.
The Burlington County Department of Solid Waste, its successors
and assigns.
All newspaper, fine paper, bond paper, junk mail, office
paper, magazines, paperback books, school paper, catalogs, computer
paper, telephone books, chipboard, corrugated and other cardboard
and similar cellulosic material whether shredded or whole, but excluding
wax paper, plastic- or foil-coated paper, thermal fax paper, carbon
paper, blueprint paper, food-contaminated paper, soiled paper and
cardboard.
Any park, including a trailer park or camp, equipped to handle
mobile homes sited on a year-round basis as defined in N.J.S.A. 2A:18-61.7
et seq.
Any building or structure or complex of buildings or structures
in which three or more dwelling units are rented or leased or offered
for rental or lease for residential purposes, whether privately or
publicly financed, except hotels, motels or other guest houses serving
transient or seasonal guests as those terms are defined under subsection
j of Section 3 of the Hotel and Multiple Dwelling Law, P.L. 1967,
c. 76 (N.J.S.A. 55:13A-1 et seq.) and N.J.S.A 40:66-1.2 et seq.
The Township of Burlington located within the County of Burlington,
State of New Jersey.
Residential, commercial and institutional solid waste generated
within a community.
All newspaper, fine paper, bond paper, junk mail, office
paper, magazines, paperback books, school paper, catalogs, computer
paper, telephone books and similar cellulosic material whether shredded
or whole, but excluding tissue and towel paper, wax paper, plastic-
or foil-coated paper, thermal fax paper, carbon paper, NCR paper,
blueprint paper, food-contaminated or soiled paper.
Any individual, firm, partnership, corporation, association,
cooperative enterprise, trust, municipal authority, federal institution
or agency, state institution or agency, municipality, other governmental
agency of any other entity or any group of such persons, which is
recognized by law as the subject of rights and duties.
A residential condominium, cooperative or fee simple community
or horizontal property regime, the residents of which do not receive
any tax abatement or tax exemption related to its construction comprised
of a community trust or other trust device, condominium association,
homeowners' association or council of co-owners, wherein the cost
of maintaining roads and streets and providing essential services
is paid for by a not-for-profit entity consisting exclusively of unit
owners within the community. No apartment building or garden apartment
complex owned by an individual or entity that receives monthly rental
payments from tenants who occupy the premises shall be considered
a qualified private community. No "proprietary campground facility,"
as defined in Section 1 of P.L. 1993, c. 258 (N.J.S.A. 45:22A-49),
shall be considered to be a qualified private community.
Materials that would otherwise become solid waste that can
be separated, collected and/or processed and returned to the economic
mainstream in the form of raw materials or products.
Any process by which materials, which would otherwise become
solid waste, are collected, separated or processed and returned to
the economic mainstream in the form of raw materials or products.
Any person residing within the municipality on a temporary
or permanent basis, but excluding persons residing in hotels or motels.
Garbage, refuse and other discarded materials, as defined
in N.J.S.A. 13:1E-1, et seq. and N.J.S.A. 48:13A-1, et seq.
Recyclable materials separated from the solid waste stream
at the point of generation.
The New Jersey Solid Waste Management Act, as amended.
B.
Design of containment areas for designated recyclable materials on
residential sites.
(1)
Design standards for common area recycling storage locations.
(a)
In accordance with the municipal recycling ordinance located at § 330-113 of the Township Code, every multifamily, qualified private community and mobile home park within the Township of Burlington shall be required to provide, for the use of its residents, centralized and common locations on its property for the storage, prior to collection, of source-separated recyclables generated by the residents of the property.
(b)
Each common area recycling storage location shall, at a minimum,
conform to the following standards:
[1]
The dimensions of the recycling storage location shall be sufficient
to accommodate recycling containers which are of size and number as
required by the DSW and which are consistent with current methods
of collection utilized by the Burlington County Regional Program or
the private collection company being utilized. The following tables
indicate the minimum container capacity requirements for weekly recycling
service and common container dimensions.
Minimum Container Capacity Requirements for Weekly Recycling
Service
| |||
---|---|---|---|
Dual Stream Collection
|
Fiber
(paper and cardboard)
|
Commingled
(bottles and cans)
| |
Non-age-restricted complex
|
One cubic yard of capacity for every 15 dwelling units
|
0.47 cubic yards (96 gallons) of capacity for every 18 dwelling
units
| |
Age-restricted complex
|
One cubic yard of capacity for every 20 dwelling units
|
0.47 cubic yards (96 gallons) of capacity for every 24 dwelling
units
| |
Single Stream Collection
|
Fiber and Commingled
|
--
| |
Non-age-restricted complex
|
2 cubic yards of capacity for every 20 units
|
--
| |
Age-restricted complex
|
1.4 cubic yards of capacity for every 20 units
|
--
|
Common Container Dimensions
| ||||
---|---|---|---|---|
Size
|
Length
|
Width
|
Height
| |
1 cubic yard
|
72 inches
|
24 inches
|
29 inches
| |
2 cubic yards
|
72 inches
|
34 inches
|
45 inches (rear) / 34 inches (front)
| |
3 cubic yards
|
72 inches
|
43 inches
|
48 inches (rear) / 40 inches (front)
| |
4 cubic yards
|
72 inches
|
51 inches
|
56 inches (rear) / 46 inches (front)
| |
6 cubic yards
|
80 inches
|
66 inches
|
71 inches (rear) / 47 inches (front)
| |
8 cubic yards
|
80 inches
|
71 inches
|
86 inches (rear) / 53 inches (front)
|
[3]
The recycling storage locations shall be conveniently located
for the residential disposition of source-separated recyclable materials,
preferably co-located, but clearly separated from, refuse containers.
[4]
Outdoor recycling storage locations shall include a concrete
pad of the size as specified herein. The dimensions of the recycling
storage location shall provide sufficient area for the required container(s)
as shown in the detail above.
[5]
The recycling storage locations and areas directly adjacent
to them (up to 10 feet on each side of a container enclosure) shall
be illuminated to an average of 0.5 footcandle and shall be safely
and easily accessible by recycling personnel and vehicles.
[6]
Collection vehicles shall be able to access the recycling areas
without interference from parked cars or other obstacles. Reasonable
measures shall be taken to protect the recycling area, recyclable
materials, bins and containers from damage and theft. The following
turning template can be used to plan vehicular accessibility to recycling
storage locations:
[7]
Signs as approved by the DSW clearly identifying the recycling
areas and the materials accepted therein shall be posted adjacent
to all points of access to the recycling areas. Individual bins or
containers shall be equipped with signs indicating the materials to
be placed therein.
[8]
Each recycling area shall be enclosed on three sides by a solid
fence or masonry enclosure a minimum of six feet in height or which
shall extend to a height of one foot above the top of the container(s),
whichever is greater, and shall be, to the maximum extent practicable,
screened from view of private dwellings and municipal roads by landscaping
as determined to be appropriate by the Board Planner. A durable, closable
access gate on the fourth side shall be provided.
[9]
Recycling containers shall be equipped with a cover that is
designed to prevent refuse from spilling out or overflowing and to
provide protection against adverse environmental conditions which
might render the materials unmarketable, including the need to keep
paper or cardboard dry.
[10]
The owner/operator shall ensure that the covers
are utilized and that any such container does not leak or otherwise
discharge liquids, semi-liquids, or solids to a storm sewer system
or any water body.
(2)
Recycling container storage design standards; new residential construction.
In order to facilitate recycling in all new construction, and to avoid
the creation of unhealthful or cramped storage situations, sufficient
storage shall be available for recycling containers within all new
construction of residential housing.
(a)
Recycling storage locations. On-lot storage locations for curbside
recycling containers shall not include basement areas that require
the negotiation of stairs, or any location either above or below finished
grade. Locations shall be on a hard-wearing, smooth continuous surface
with access to a path with a width no less than three feet and headroom
of not less than seven feet.
(b)
Single-family and two-family dwellings. Each residential dwelling
unit shall be designed to provide an on-lot curbside recycling container
storage location containing at a minimum, dimensions (length by width
by height) of no less than 36 inches by 32 inches by 84 inches per
unit. The location shall be clearly marked as such on floor plans
of the dwelling unit if to be located inside the dwelling unit. If
to be located outside the dwelling unit, adequate storage space for
the container shall be identified on the property survey. This shall
be done at the time of zoning or building permit application.
(c)
Multifamily and condominium complex dwellings. Curbside recycling
container storage locations shall be provided for each multifamily
and condominium complex dwelling where common area recycling storage
locations are not otherwise provided. Each multifamily and condominium
complex dwelling unit shall be designed to provide a curbside recycling
container storage location containing at a minimum, dimensions (length
by width by height) of no less than 36 inches by 32 inches by 84 inches
per unit. The location shall be clearly marked as such on floor plans
of the dwelling unit if to be located inside the dwelling unit. If
to be located outside the dwelling unit, adequate storage space for
the container shall be identified on the site plans.
C.
Construal of provisions. The terms and provisions of this section
are to be liberally construed, so as best to achieve and to effectuate
the goals and purposes hereof. This section shall be construed in
pari materia with the SWMA and the County Plan.
The applicant shall submit to the Township Engineer
and reviewing board engineer for approval the record plans of all
site improvements that are to be dedicated to the Township. The record
plans shall be prepared by a New Jersey licensed land surveyor and
shall include but not be limited to the following site improvements:
pump stations, sanitary sewer main and laterals, water main and services,
storm sewers and appurtenances, and detention basin grading and structures.
[Added 3-27-2007 by Ord. No. 07-OR-005]
A.
Purpose and objectives.
(1)
The purpose of this section is to establish general
guidelines and standards for the location and operation of wireless
communications towers and antennas in recognition of the need to safeguard
the public good and to further the intent and purposes of the Master
Plan.
(2)
The specific objectives of this section are to:
(a)
Encourage the location of towers on municipal
property;
(b)
Protect residential areas from potential adverse
impacts of towers and antennas by encouraging the location of towers
in nonresidential areas and requiring adequate setbacks, separation,
buffering and screening for towers and antennas located adjacent to
residential zones or uses to minimize the impact on any affected residential
properties;
(c)
Provide opportunity for full wireless communication
services within the Township while minimizing the total number of
towers throughout the community;
(d)
Encourage the location of antennas upon, or
within, existing structures, including preexisting wireless communications
towers, existing buildings, existing water towers or standpipes, and
existing telephone and electric poles and towers, especially those
existing structures located on public property, as a primary option
rather than construction of additional single-use towers;
(e)
Encourage users of towers and antennas to locate
them, to the extent possible, in areas where the adverse impact on
the community is minimal;
(f)
Encourage users of towers and antennas to configure
them in a way that minimizes the adverse visual impact of the towers
and antennas through careful design, siting, landscape screening,
and innovative camouflaging techniques;
(g)
Consider the public health impacts and safety
of communications towers;
(h)
Avoid potential damage to adjacent properties
from tower failure through engineering and careful siting of tower
structures; and
(i)
Comply with the mandate of the Federal Communications
Act of 1996, 47 U.S.C. § 332(c)(7), which preserves local
government authority to enforce zoning requirements that protect public
safety, public and private property and community aesthetics.
(3)
In furtherance of these objectives, the Township shall
give due consideration to the Township Master Plan, Zoning Map, existing
land uses, and environmentally sensitive areas in approving sites
for the location of towers and antennas.
B.
ALTERNATIVE TOWER STRUCTURE
ANTENNA
FAA
FCC
HEIGHT
MLUL
PREEXISTING TOWERS and PREEXISTING ANTENNAS
REVIEWING BOARD
WIRELESS TELECOMMUNICATIONS TOWER
Definitions. As used in this section, the following
terms shall have the meanings set forth below:
Man-made trees, clock towers, bell steeples, light poles,
flagpoles and similar type mounting structures that camouflage or
conceal the presence of antennas or towers.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communications signals.
The Federal Aviation Administration.
The Federal Communications Commission.
When referring to a tower or other structure, the distance
measured from the base of the tower or structure to the highest point
on the tower or other structure, including the base pad and any antenna.
For antennas mounted on buildings or other structures, the height
of said building or structure shall be included in this determination.
The Municipal Land Use Law, Chapter 291, Laws of 1975, N.J.S.A.
40:55D-1 et seq.
Any tower or antenna for which site plan approval or a building
permit has been properly issued prior to the effective date of this
section, including approved towers or antennas that have not yet been
constructed, in accordance with N.J.S.A. 40:55D-52.
The duly appointed Planning Board or Zoning Board of Adjustment.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers, or monopole towers. The term includes
radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures, and
the like. The term includes the structure, any support thereto, and
all ancillary structures.
C.
Applicability.
(2)
Amateur radio station operators/receive-only antennas.
This section shall not govern any tower or the installation of any
antenna that is under 70 feet in height and is owned and operated
by a federally licensed amateur radio station operator or is used
exclusively for receive-only antennas.
(3)
Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of Subsections F(14) and I(2)(a), (g), (j) and (k), absent any enlargement or structural modification or the addition of any structures.
D.
Permitted uses.
(1)
Wireless communication towers/antennas, including
required accessory structures not exceeding 500 square feet in area
and less than 10 feet in height, shall be considered a permitted use
in all nonresidential zoning districts, with the exception of the
B-3 Neighborhood Business and BLI-2 Business/Light Industrial Zones.
In addition, antennas or towers shall not be permitted on any property
that has been designated with an AR or PRC overlay option.
(2)
Antennas or towers located on property owned, leased
or otherwise controlled by the Township, provided a license or lease
authorizing such antenna or tower has been approved by the Township,
shall be permitted in all zoning districts and shall be given priority
over all other locations. However, the Township may, as a condition
of such lease, require site plan approval. The decision to extend
such leases to an applicant shall be vested solely with the Township
and shall not be governed by this section.
(3)
(a)
In order to minimize adverse visual impacts
associated with the proliferation and clustering of towers, new antennas
proposed on preexisting towers shall be permitted in any zone, provided
such co-location is accomplished in a manner consistent with the following:
[1]
A tower which is modified or reconstructed to
accommodate the co-location of an additional antenna shall be of the
same tower type as the preexisting tower, unless the reviewing board
allows reconstruction as a monopole.
[2]
A preexisting tower may be modified or rebuilt
to a taller height, not to exceed the maximum tower height established
by this section.
[3]
A tower, which is being rebuilt to accommodate
the co-location of an additional antenna, may be moved on site within
50 feet of its existing location, provided the relocated tower meets
the required setback and separation distances as set forth in this
section.
(b)
Towers and antennas shall be regulated and permitted
pursuant to this section and shall not be regulated or permitted as
essential services, public utilities or private utilities.
E.
Existing regulations. Where the general regulations
applicable to the underlying zone in which a wireless telecommunications
tower is being constructed set forth specifications, bulk requirements,
or design and performance standards for any permitted use, those same
regulations shall apply to the wireless telecommunications tower,
unless specifically, different standards are set forth in this section.
F.
General requirements. In addition to the applicable requirements of Articles XII and XIII, the following requirements shall apply to all proposed wireless telecommunications towers and shall be considered by the reviewing board in its review of all plans and documents submitted as part of an application to install a wireless telecommunications tower:
(2)
Principal or accessory use. In furtherance of the specific objectives of this section as outlined in Subsection A and consistent with the Township's desire to provide adequate setbacks, separation, buffering and screening, antennas or towers, other than those located on municipal property or property under the control of the Township, shall not be the sole (principal) use on any property, unless the applicant can demonstrate that no other suitable site exists to remedy a lack of coverage. However, regardless of whether a tower is considered an accessory or principal structure, the requirements of § 330-34J shall not be applicable.
(3)
Bulk zoning requirements. For nonresidential zones,
except the B-3 Neighborhood Business and BLI-2 Business/Light Industrial
Zones, the minimum lot area and dimensions as set forth in the Schedule
of Yard, Area and Bulk Requirements[1] contained in the Township Zoning Ordinance shall be applicable, with the exception of requirements for height and setback, which shall be as forth in Subsection F(11) and (12), respectively. For all residential zoning districts, the B-3 Neighborhood Business Zone and the BLI-2 Business/Light Industrial Zone, the following minimum requirements shall govern for wireless communication towers/antennas, regardless of whether the tower is considered a principal or accessory use:
(a)
Lot area: 40,000 square feet.
(b)
Lot width: 150 feet.
(c)
Lot depth: 200 feet.
(e)
Maximum lot coverage: 40%.
[1]
Editor's Note: The Schedule is included at the end of this chapter.
(4)
Lot size. For purposes of determining whether the
installation of a wireless telecommunications tower complies with
zoning regulations, including but not limited to setback requirements,
lot-coverage requirements, and other such requirements, the dimensions
of the entire lot shall control, even though the antennas or towers
may be located on leased parcels within such lot.
(5)
Lighting. Wireless telecommunications towers shall
not be artificially lighted, unless required by the FAA or other applicable
authority. If lighting is required, the lighting shall be focused
and shielded to cause the least impact to adjacent and nearby properties
and shall not exceed one footcandle at the property lines. The applicant
shall provide to the reviewing board all applicable FAA standards
regarding lighting that may apply to a proposed tower.
(6)
Aesthetics. Wireless telecommunications towers shall
meet the following requirements:
(a)
Towers shall either maintain a galvanized steel
finish or, subject to any applicable standards of the FAA, be painted
a neutral color so as to reduce visual obtrusiveness.
(b)
At a tower site, the design of the buildings
and related structures shall, to the extent possible, use materials,
colors, textures, screening, and landscaping that will blend them
into the natural setting and surrounding buildings.
(c)
If an antenna is installed on a structure other
than a tower, the antenna and supporting electrical and mechanical
equipment must be of a neutral color that is identical to, or closely
compatible with, the color of the supporting structure so as to make
the antenna and related equipment as visually unobtrusive as possible.
(d)
All cables/wires serving the wireless communications
tower shall be installed in underground conduits.
(e)
Towers less than 250 feet in height shall be
of monopole construction, unless otherwise approved by the reviewing
board. Primary consideration shall be given to designing the monopole
as an alternative tower structure, as defined in this section.
(f)
Antennas shall be flush-mounted or internally
located.
(7)
Buffering/screening.
(a)
To the maximum extent possible:
[1]
New towers visible from any street shall be designed as alternative tower structures, as defined in Subsection B herein.
[2]
Any new tower shall be located behind existing
buildings and/or natural topographic features in order to screen the
tower's base from being visible from adjacent properties and any street
right-of-way.
[3]
Existing mature tree growth and natural landforms
on the site shall be preserved to the maximum extent possible. In
some cases, such as towers sited on large wooded lots, natural growth
around the property may be deemed by the reviewing board as providing
a sufficient buffer.
(b)
Landscaping shall be provided between any tower,
to include any appurtenant equipment, enclosure, building or parking
area, and any street, residential dwelling unit or residential zone
within view of the tower or equipment, in accordance with the following:
[1]
The landscaping shall consist of a combination
of existing and/or newly planted evergreen and deciduous trees and
shrubs of sufficient density to screen the view of the tower, to the
maximum extent reasonably possible, and to enhance the appearance
of the site.
[2]
A landscaping design shall be prepared by a
New Jersey licensed landscape architect or planner who shall present
testimony to the reviewing board regarding the adequacy of the plan
to adequately screen the tower from view and to enhance the appearance
of the site.
[3]
Any newly planted evergreen trees shall be at
least eight feet in height, and any newly planted deciduous trees
shall have a minimum caliper of two inches, at time of planting.
[4]
Wherever possible, required landscaping shall
be installed on the outside of any required security fencing.
[5]
In locations where the visual impact of the
tower would be minimal, the reviewing board may reduce the landscaping
requirements.
(8)
Signs. No signs shall be permitted on an antenna or
tower, other than warning and/or equipment information signs necessary
for safety purposes that are specifically approved by the reviewing
board.
(9)
Parking. Off-street parking, not to exceed five parking
spaces, shall be permitted, as needed, and as specifically approved
by the reviewing board.
(10)
Security fencing. Towers shall be enclosed by
a security fence not less than six feet in height and no greater than
10 feet in height with a lockable gate. Towers shall also be equipped
with appropriate anti-climbing devices and safeguards to protect the
general public.
(11)
Height regulated.
(b)
Existing structures, including preexisting wireless
communication towers, existing buildings, existing water towers or
standpipes, and existing telephone and electric poles and towers,
as defined by this chapter, shall be exempt from the height regulations
contained herein, unless an application proposes an increase in the
height of said structure.
(c)
Existing structures may be rebuilt to a taller
height, not to exceed the maximum tower heights noted above, or in
the case of a building, the maximum building height permitted for
the zone in which it is located, but only in order to accommodate
co-location of additional antennas.
(12)
Setback requirements. The following requirements
shall apply to all towers for which site plan approval is required,
regardless of whether the tower is considered a principal or accessory
use:
(a)
Towers shall be set back a distance equal to
at least 110% of the height of the tower from any adjoining lot line
and all nonappurtenant buildings or structures, provided that this
distance is no closer to an adjoining lot line than the building setback
applicable to the zoning district in which the tower is located. The
required setback shall be measured from the base of the tower.
(b)
The minimum tower setback from a residential
zone district line, residential use, school site or recreation site
shall be 350 feet.
(c)
For antennas mounted on existing structures,
including preexisting wireless communication towers, existing buildings,
existing water towers or standpipes, and existing telephone and electric
poles and towers, the setback of the existing structure shall be used.
(d)
Appurtenant/accessory structures, equipment
and guy wires must satisfy the minimum zoning district setbacks for
the zoning district in which the tower is located, but in no event
shall be located any closer than 20 feet to an adjacent property line
or right-of-way.
(e)
A minimum fifty-foot parking setback from an
adjacent property or street right-of-way shall be required for any
parking areas associated with a wireless telecommunications site.
(f)
In the event of a conflict between the setback
requirements contained in this section and those contained in any
other applicable section of the chapter, the more stringent standard
shall govern.
(13)
Separation distance between towers. Any proposed
tower shall be separated by a minimum distance of 1,500 feet from
any preexisting tower.
(14)
State or federal requirements. All towers and
antennas must meet or exceed current standards and regulations of
the FCC, FAA and any other agency of the state or federal agency with
the authority to regulate towers/antennas. If such standards and regulations
are changed, then the owners of the towers/antennas governed by this
section shall bring such towers/antennas into compliance with such
revised standards and regulations within six months of the effective
date of such standards and regulations, unless a different compliance
schedule is mandated by the controlling agency. Failure to bring towers/antennas
into compliance with such revised standards and regulations shall
constitute grounds for the removal of the towers/antennas at the owner's
expense.
G.
Removal of abandoned antennas and towers.
(1)
Any antenna or tower that is not operated for its
intended and approved purpose for a continuous period of 12 months
shall be considered abandoned, and the owner of such antenna or tower
shall remove the same within 90 days of receipt of notice from the
Township notifying the owner of such abandonment. Failure to remove
an abandoned antenna or tower within said 90 days shall be grounds
to remove the tower or antenna at the owner's expense. If there are
two or more users of a single tower, then this provision shall not
become effective until all users cease using the tower.
(2)
The Township may condition the issuance of any permit to demolish or remove a tower or antenna on the posting of an appropriate performance bond or other suitable guarantee in a face amount of not less than 120% of the cost (as determined by the reviewing board engineer) of such removal, grading and restoration to a state required under all applicable Township ordinances, including but not limited to the Township Property Maintenance Code, Chapter 442.
H.
Preexisting towers.
(1)
Rebuilding damaged or destroyed nonconforming towers or antennas. Preexisting nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain administrative approval. The type, height and location of the tower shall be the same as the original facility approval. In addition, the requirements of Subsections F(14) and I(2)(a), (g), (j) and (k) shall apply. Building permits to rebuild the facility shall comply with the then-applicable building codes and shall be obtained within 180 days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Subsection G above. Any substantial modifications to the structure shall require site plan approval in accordance with Subsection F(1).
I.
Submission requirements.
(1)
Applications for development of a wireless communications tower/antenna site shall be in accordance with the procedures set forth in Article V of this chapter.
(2)
In addition to the applicable documentation and checklist items of information required for the site plan application in accordance with Subsection F(1), the following additional documentation and specific items are required to be submitted to the reviewing board for review and approval as part of said application:
(a)
Proof of structural integrity and code compliance.
[1]
To ensure the structural integrity of both existing
and proposed towers, antennas and any required support structures,
documentation shall be submitted by a qualified expert confirming
that the proposed construction is in compliance with standards contained
in applicable state or local building codes and, in the case of towers,
the applicable standards for towers that are published by the Electronic
Industries Association (EIA) and/or Telecommunications Industry Association
(TIA), as amended from time to time.
[2]
If, upon inspection, the Township concludes
that a structure fails to comply with such codes and standards and
constitutes a danger to persons or property, then upon notice being
provided to the owner of the tower, the owner shall have 30 days to
bring such structure into compliance with such standards. Failure
to bring such structure into compliance within said 30 days shall
constitute grounds for the removal of the structure or antenna at
the owner's expense. Any approval shall contain a condition that the
applicant obtains all applicable municipal building permits prior
to the construction of any structure requiring said permits.
(b)
A letter of intent by the applicant, in a form
approved by the Township Attorney, indicating that the applicant will
share the use of any tower with other approved wireless communications
services providers at reasonable, economically viable rates.
(c)
A certification that all franchises required
by law for the construction and/or operation of a wireless communications
system in the Township have been obtained, and the applicant shall
file a copy of all required franchises with the Administrative Officer.
(d)
A notarized statement by the applicant as to
whether construction of the tower will accommodate co-location of
additional antennas for future users.
(e)
A visual sight distance analysis, including
photographic reproductions of a crane or balloon test, graphically
simulating the appearance of the proposed tower around and within
one mile of any proposed tower. The applicant shall schedule the time
of the crane or balloon test with the reviewing board planner and
engineer in order to provide the members of the reviewing board and
general public an opportunity to view the crane or balloon test.
(f)
[1]
Each applicant for an antenna and/or tower shall
provide to the Administrative Officer an inventory report of its preexisting
towers, antennas or sites approved for towers or antennas that are
either within the jurisdiction of the Township or within three miles
of the border thereof, including specific information about the location,
height and design of each tower, as well as, to the maximum extent
practicable, an inventory of all other preexisting wireless communications
towers, existing buildings, existing water towers or standpipes, and
existing telephone and electric poles and towers located within 1,500
feet of the proposed site.
[2]
The Administrative Officer may share such information
with other applicants applying for administrative approvals or permits
under this section or other organizations seeking to locate antennas
within the jurisdiction of the Township; provided, however, that the
Administrative Officer is not, by sharing such information, in any
way representing or warranting that such sites are available or suitable.
This report shall demonstrate, to the reasonable satisfaction of the
reviewing board, that no preexisting tower, structure or alternative
technology is suitable to accommodate the applicant's proposed antenna(s)
either within or outside the Township and shall also include the following
information:
[a]
How the proposed location specifically
relates to the suitability or unsuitability of such existing structures
to be utilized to provide the intended wireless communications.
[b]
How the proposed location specifically
relates to the anticipated need for additional antennas and supporting
structures within or near the Township by the applicant and by other
providers of wireless communications services within the Township.
[c]
How the proposed location specifically
relates to the objective of co-locating the antennas of many different
providers of wireless communications services on a single supporting
structure.
[d]
How the proposed location specifically
relates to the objective of locating towers on municipal property.
(g)
Evidence, in the form of a written report and
testimony from an independent expert, that all equipment is designed
to comply with the then current Federal Communications Commission
(FCC) rules and regulations with regard to the promulgated radiation
emissions standards. Any approval shall be contingent upon a further
report submitted to the reviewing board engineer within 90 days after
the antenna becomes operational that the radiation emissions are within
the FCC guidelines.
(h)
In addition to its normal professional staff,
given the technical and specialized nature of testimony by the applicant's
radio frequency expert(s), the reviewing board may hire its own radio
frequency expert to review and comment upon the testimony and written
reports presented by the applicant. Based upon other testimony presented
by the applicant, the reviewing board may also hire other experts
with specialized areas of expertise, if deemed necessary, in accordance
with N.J.S.A. 40:55D-53.1.
(i)
Legal description of the entire tract and leased
parcel (if applicable).
(j)
Written approval from the Township Council for
use of Township-owned land or structures when the application involves
such land or structures.
(k)
A copy of an executed lease or easement agreement
when the application involves private land or structures not owned
by the applicant.