Township of Burlington, NJ Design and Performance Standards

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.

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.

Regulations.

Open space, general provisions.

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.

In the selection of the location of open spaces, consideration shall be given to the preservation of natural features.

Developed open space.

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.

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.

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.

Exception.

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.

Improvements.

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

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."

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:

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.

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.

Maintenance requirements for dedicated stormwater management facilities.

[Amended 9-12-2006 by Ord. No. 06-OR-028]

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)


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.

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.

These maintenance requirements shall apply to all applications for development that have not received preliminary and/or final approval.

§ 330-82 Apartments and townhouses.

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.

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.

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.

Configuration.

The configuration of structures may be any alignment that meets the yard requirements and does not exceed the following overall or component building lengths:

Two hundred feet on one plane; Dimen. a).

Three hundred forty feet on any angle; Dimen. b).

Five hundred feet along the center line; Dimen. c).

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.

Subsurface living area. No dwelling unit shall have a living area level lower than the finished grade along the front of the structure.

Open space. All required open space shall be improved for the purposes intended as shown on the plan.

Density. No development shall exceed the density specified in this chapter.

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.

§ 330-83 Bikeways and pedestrian paths.

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.

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.

§ 330-84 Blocks.

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.

Regulations.

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 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.

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.

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.

§ 330-85 Buffers and screening.

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.

Regulations.

Buffer content and location.

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:

Fencing or wall screening in landscaped areas.

Evergreen tree or shrubbery screening in a landscaped area.

A landscaped berm having a minimum height of six feet with three-to-one side slopes.

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.

A parking area setback that is screened as required under the off-street parking provisions of this chapter.

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.

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.

Screening.

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.

Screening shall be so placed that at maturity it will not be closer than three feet from any street or property line.

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.)

Screening shall consist of the following materials:

Solid masonry. A solid masonry wall not less than five feet six inches above ground level.

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.

Shrubbery.

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.

All other shrubbery for screening shall be a minimum of five feet high at the time of planting.

Dense hedges of shrubbery planted at a maximum of 30 inches on center may be used.

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]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 330-86 Curbs and gutters.

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.

Regulations.

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.

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.

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.

§ 330-87 Stormwater management.

[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]

General.

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

Purpose. It is the purpose of this section to:

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.

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.

Applicability.

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:

Nonresidential major developments; and

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

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

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.

CAFRA CENTERS, CORES OR NODES

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.

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

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

CAFRA PLANNING MAP

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

COMMUNITY BASIN

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

COMPACTION

The increase in soil bulk density.

CONTRIBUTORY DRAINAGE AREA

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

CORE

A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY

An agency designated by the Board of County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:

A county planning agency; or

EMPOWERMENT NEIGHBORHOODS

A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

DEPARTMENT

The Department of Environmental Protection.

DESIGN ENGINEER

A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

DESIGNATED CENTER

A State Development and Redevelopment Plan Center as designated by the State Planning Commission, such as urban, regional, town, village, or hamlet.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural 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.

DISTURBANCE

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

DRAINAGE AREA

A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.

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.

ENVIRONMENTALLY CONSTRAINED AREA

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

ENVIRONMENTALLY CRITICAL AREA

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

EROSION

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

GREEN INFRASTRUCTURE

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

Treating stormwater runoff through infiltration into subsoil;

Treating stormwater runoff through filtration by vegetation or soil; or

HUC 14 or HYDROLOGIC UNIT CODE 14

Storing stormwater runoff for reuse.

An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a 14-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

IMPERVIOUS SURFACE

A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

INFILTRATION

The process by which water seeps into the soil from precipitation.

LEAD PLANNING AGENCY

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

MAJOR DEVELOPMENT

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

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

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

The creation of 1/4 acre or more of regulated motor vehicle surface since March 2, 2021; or

MAXIMUM EXTENT PRACTICABLE

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.

MOTOR VEHICLE

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

MUNICIPALITY

The Township of Burlington.

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

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.

NODE

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

NUTRIENT

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

PERSON

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

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

RECHARGE

The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

REGULATED IMPERVIOUS SURFACE

Any of the following, alone or in combination:

A net increase of impervious surface;

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

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

REGULATED MOTOR VEHICLE SURFACE

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

Any of the following, alone or in combination:

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

A net increase in motor vehicle surface; and/or

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)

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

REVIEWING BOARD ENGINEER

The duly appointed Planning Board or Zoning Board Engineer.

SEDIMENT

Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

SITE

The lot or lots upon which a major development is to occur or has occurred.

SOIL

All unconsolidated mineral and organic material of any origin.

An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.

STATE PLAN POLICY MAP

The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the Official Map of these goals and policies.

STORMWATER

Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

STORMWATER MANAGEMENT BMP

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).

STORMWATER MANAGEMENT MEASURE

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

STORMWATER MANAGEMENT PLANNING AGENCY

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

STORMWATER MANAGEMENT PLANNING AREA

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

STORMWATER RUNOFF

Water flow on the surface of the ground or in storm sewers, resulting from precipitation.

TIDAL FLOOD HAZARD AREA

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

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD

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

URBAN ENTERPRISE ZONES

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

URBAN REDEVELOPMENT AREA

Previously developed portions of areas:

Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;

Designated as CAFRA Centers, Cores or Nodes;

Designated as Urban Enterprise Zones; and

Designated as Urban Coordinating Council Empowerment Neighborhoods.

WATER CONTROL STRUCTURE

A structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 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.

WATERS OF THE STATE

The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLANDS or WETLAND

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."

General standards.

Design and performance standards for stormwater management measures.

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.

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

The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.

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

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.

Stormwater management requirements for major development.

The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection C(7)(c)[7].

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).

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):

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

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

The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.

A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff 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:

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

The applicant demonstrates through an alternatives analysis that, through the use of stormwater management measures, the option selected complies with the intent of this chapter to the maximum extent practicable;

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

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;

The applicant demonstrates that implementing the stormwater management measures would present an adverse impact to public health, safety or the environment.

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.

Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.

Where the BMP tables in the NJ Stormwater Management 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.

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.

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.

Design standards for stormwater management measures are as follows:

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).

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).

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.

Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs in Subsection C(6).

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.

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:

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.

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.

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.

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.

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.

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].

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.

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.

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

To satisfy the groundwater recharge and stormwater runoff quality standards 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

To satisfy the stormwater runoff quantity standards in Subsection C(2)(q), the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Subsection C(2)(f).

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).

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.

This subsection contains the minimum design and performance standards for groundwater recharge.

The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations in Subsection C(3), either:

Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual preconstruction groundwater recharge volume for the site; or

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

This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection C(2)(o)[4] below.

The following types of stormwater shall not be recharged:

Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with Department-approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and

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

(p)

Stormwater runoff quality standards.

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

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

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

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

The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under 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.

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

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

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).

In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.

The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category 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.

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.

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.

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

In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations in Subsection C(3), complete one of the following:

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

Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the preconstruction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten- and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses, assuming full development under existing zoning and land use ordinances in the drainage area;

Design stormwater management measures so that the 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

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.

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

Calculation of stormwater runoff and groundwater recharge.

Stormwater runoff shall be calculated in accordance with the following:

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

The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16, Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55, Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference, as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb104417 1.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or

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

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.

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).

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

If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take in to account the effects of tailwater in the design of structural stormwater management measures.

Groundwater recharge shall be calculated in accordance with the following:

The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference, as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.

Sources of technical guidance.

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

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

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

Submissions required for review by the Department should be mailed to:

The Division of Water Quality, New Jersey Department of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.

Solids and floatable materials control standards.

Site design features identified 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].

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

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

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

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

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

The standard in Subsection C(5)(a)[1] above does not apply:

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

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

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

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

[ii]

A bar screen having a bar spacing of 0.5 inch.

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

Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

Safety standards for stormwater management basins.

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

The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection C(6)(c) for trash racks, overflow grates, and escape provisions at outlet structures.

Requirements for trash racks, overflow grates and escape provisions.

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

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

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

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

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

An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:

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

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

The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.

Stormwater management BMPs shall include escape provisions as follows:

If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection C(6)(d), a freestanding outlet structure may be exempted from this requirement;

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

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).

Variance or exemption from safety standards.

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

Safety ledge illustration.

Elevation View — Basin Safety Ledge Configuration

Requirements for a site development stormwater plan.

Submission of a site development stormwater plan.

Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan in Subsection C(7)(c) as part of the submission of the application for approval.

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

The applicant shall submit two copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection C(7)(c).

Site development stormwater plan approval.

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.

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

Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map, as appropriate, may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category 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.

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

Project description and site 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.

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.

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

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

Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.

Calculations.

Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection C(2).

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

Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection C(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.

Maintenance and repair.

Applicability. Projects subject to review in accordance with Subsection A(3) shall comply with the requirements of this subsection.

General maintenance.

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

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

If the maintenance plan identifies a person other than the property owner (for example, a developer, 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.

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.

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.

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

The party responsible for maintenance identified under Subsection C(8)(b)[3] shall perform all of the following requirements:

Maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders;

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

Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection C(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.

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.

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.

Runoff conveyance system design.

Pipe design.

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.

Joint design and joint materials for circular concrete pipe and elliptical concrete pipe shall conform to ASTM C443 and C877, respectively.

All concrete pipes shall be minimum Class III, unless loading conditions or pipe cover call for a higher-class pipe.

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.

Design engineers shall determine pipe size based on design runoff, conduit entrance conditions and hydraulic capacity.

No pipes shall be sized to less than 15 inches in diameter with the following exceptions:

Pipes connected to a single terminal inlet may be sized to a minimum of 12 inches in diameter.

Roof drains may be sized to a minimum of six inches in diameter.

Sump pump laterals and collector pipes may be sized to a minimum of four inches in diameter.

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.

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 * R^2/3 * S^1/2

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

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.

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.

Design of inlets, catch basins, manholes, and outlets.

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.

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.

Precast concrete structures shall conform to all applicable ASTM standards.

All structures constructed of concrete block shall be coated with two coats of portland cement mortar on the inside and outside surfaces.

The use of masonry brick (clay or shale) is prohibited.

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.

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.

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.

Benches shall provide good footing for workmen and a place where tools can be laid. Permissible slope of benches is 4% to 8%.

Open channel design.

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:

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.

Minimum freeboard of one foot, as calculated for a twenty-five-year frequency storm, should be provided on all channels.

The channel should be designed to conform, wherever possible, to the adjacent ground conditions and elevations.

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.

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.

Other applicable regulations and standards.

Grading and drainage.

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.

The minimum slope for paved surfaces shall be 1%, unless otherwise approved by the reviewing board engineer due to local conditions.

The following minimum requirements apply to grading of lawn areas:

Provide a minimum six-inch drop in the first 20 feet from the building.

Overland grades throughout the site shall be a minimum of 2%.

Grades for swales shall be a minimum of 1%.

Maximum slopes shall be three horizontal to one vertical.

All work shall be in accordance with the established design standards of Burlington Township, and specifically § 330-92, Grading and filling.

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.

Storm drainage connection and discharges.

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.

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.

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.

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.

Easements.

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.

Easements or right-of-way shall be required in accordance with § 330-88 where storm drains are installed outside streets.

Deck construction specifications.

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.

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.

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.

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.

§ 330-88 Easements.

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.

Regulations.

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.

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.

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.

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.

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.

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.

§ 330-89 Environmental impact statement.

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.

Regulations.

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.

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:

Soil types.

USDA soil types (as shown on map).

Permeability of soil on the site.

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.

Surface waters.

Distance of site from nearest surface water and headwaters of streams.

Source of runoff water.

Rate of runoff from the site.

Destination of runoff water and method of controlling downstream effects.

Chemical additives to runoff water on the site.

Submission of an erosion and sediment control plan.

Ground cover, including trees.

Extent of existing impervious ground cover on the site.

Extent of proposed impervious ground cover on the site.

Extent of existing vegetative cover on the site.

Extent of proposed vegetative cover on the site.

Topography.

Maximum existing elevation of site.

Minimum existing elevation of site.

Maximum proposed elevation of site.

Minimum proposed elevation of site.

Description of proposed change in topography.

Groundwater.

Average depth to seasonal high water table.

Minimum depth to water table on site.

Maximum depth to water table on site.

Water supply.

The source and adequacy of water to be provided to the site.

The expected water requirements (GPD) for the site.

The uses to which water will be put.

Sewage system.

Sewage disposal system (description and location on the site of system).

Expected content of the sewage effluents (human waste, pesticides, detergents, oils, heavy metals, other chemicals).

Expected daily volumes of sewage.

Affected sewage treatment plant's present capacity and authorized capacity.

Solid waste.

Estimated quantify of solid waste to be developed on the site during and after construction.

Method of disposal of solid waste during and after construction.

Plans for recycling of solid waste during and after construction.

Air quality.

Expected changes in air quality due to activities at the site during and after construction.

Plans for control of emissions affecting air quality and control of dust during construction.

Noise.

Noise levels, above existing levels, expected to be generated at the site, (source and magnitude) during and after construction.

Proposed method for control of additional noise on site during and after construction.

Impact of proposed action applied for.

Existing plant species and effects thereon.

Existing animal species and effects thereon.

Existing wildfowl and other birds and effects thereon.

Effects on drainage and runoff.

Effects on groundwater quality.

Effects on air quality.

Effects on situation of surface waters.

Effects on surface water quality.

Alternatives to proposed development consistent with tract zoning.

Effects on sites of historic significance.

(l)

Water and soil studies.

Surface water and groundwater studies shall be provided which show an analysis of the following:

pH.

Nitrate.

Total suspended solids.

BOD.

Fecal coliform.

Chloride.

Turbidity.

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:

Cadmium.

Chromium.

Copper.

Iron.

Lead.

Sino.

Mercury.

Soil studies. Soil testing shall be provided which shows analysis of the following:

Arsenic.

Lead.

Pesticides in accordance with U.S. EPA Method 8080.

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.

Any individual or firm conducting the water and soil studies as outlined in this subsection shall conform to the following:

Qualifications:

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.

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.

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."

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.

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.

Statement of impact upon critical areas and of adverse impacts which cannot be avoided.

Environmental protection measures, procedures and schedule to minimize damage to critical impact areas during and after construction.

A list of all licenses, permits and other approvals required by municipal, county or state law and the status of each.

A listing of steps proposed to minimize environmental damage to the site and region during construction and operation.

Procedures for evaluating the environmental impact statement shall be as follows:

Upon receipt of the application, the Administrative Officer shall forward the EIS to the appropriate reviewing board engineer.

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.

The reviewing board may require the opinion of a special consultant in its review of the EIS.

Fees for the costs of such consultation as described in § 330-89B(4)(c) above shall be paid by the applicant in accordance with Article VI, Fee and Escrow Schedule, of this chapter.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Copies of the environmental impact statement will be on file and available for inspection in the office of the Administrative Officer.

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.

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.

§ 330-90 Fire protection.

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.

Regulations.

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.

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.

Fire lanes. All fire lanes proposed within the Township shall conform to Section 15:4, Fire Zones and Fire Lanes, of the Code of the Township of Burlington.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Painted yellow curbs. Yellow curbs will be required to establish no parking zones at the following location:

Ten feet on either side of fire hydrants.

Regulation of establishments where moving pictures are shown in confined quarters.

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.

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:

All aisles within such establishment shall be not less than 50 inches in width;

The light level in such establishments shall not be less than 10 footcandles at floor level.

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.

§ 330-91 Floodplain regulations.

General standards.

Floodplain regulations promote the health, safety and welfare of the community. Their purposes are:

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]

To discourage construction and regrading in flood hazard areas;

To prevent encroachments into flood hazard areas which would obstruct or constrict the area through which water must pass; and

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.

In addition to the requirements of this section, all construction or operations in designated flood hazard areas shall be in compliance with Chapter 282, Flood Damage Prevention.

[Amended 11-14-2017 by Ord. No. 17-OR-030]

Regulations.

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]

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]

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]

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.

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]

Agriculture: general farming, pasture grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, agriculture and wild crop harvesting.

Industrial/commercial: yards, loading areas and parking areas.

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.

Residential: lawns, gardens, parking areas and play areas.

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.

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]

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.

§ 330-92 Grading and filling.

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.

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.

§ 330-93 Homeowners' association.

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.

Regulations.

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.

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.

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.

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.

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.

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.

§ 330-94 Lakes and streams.

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.

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:

Adverse impact. Would not have an adverse effect on the ecosystem, geological or other natural systems of the lake, stream, pond and adjoining shorelines.

Suitability. Clearly establishes that the proposal is suitable for the site.

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.

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.

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.

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.

Siltation. Adequately provide for prevention of adverse siltation conditions in the development through the use of approved soil erosion and sediment control methods.

Water quality. Maintain proper water quality through the elimination of contamination.

Eutrophication. Shall adequately provide for the control of organic pollution resulting from man's activities (i.e., fertilizers, detergents, sewage).

§ 330-95 Lighting.

General standards.

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.

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.

Regulations.

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.

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

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.

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.

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.

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.

§ 330-96 Lots.

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.

Regulations.

Lot dimensions. Lot dimensions and area shall not be less than the requirements of the zoning provisions.

Side lot lines. Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.

Lot approval. Each lot must front upon an approved street with a right-of-way width of at least 50 feet.

Two street frontage. Through lots with frontage on two streets will be permitted only under the following conditions:

Where the length of the lot between both streets is such that future division of the lot into two lots is improbable; and

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

§ 330-97 Monuments.

General standards. Monuments shall be required to preserve lot identities.

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]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 330-98 Preservation of natural resources.

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.

Regulations.

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.

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.

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.

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.

§ 330-99 Off-street parking and loading.

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.

Regulations.

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.

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.

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.

Curbing.

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.

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.

Dimensions. Off-street parking spaces shall be 10 feet wide and a minimum of 20 feet in length.

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

Parking spaces.

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.

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

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

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.

The bottom edge of the R7-8 sign shall be mounted approximately 60 inches above the parking lot surface.

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.

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.

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.

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.

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.

Where applicable, curb ramps shall be provided to permit handicapped people access from parking area to sidewalk.

Parking lots and parking garages.

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).

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:

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.

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.

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.

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).

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

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

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.

Surfacing. Surfacing shall be approved as part of the plan approval.

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.

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.

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.

Location of parking spaces and loading areas.

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.

No off-street parking or loading space shall have direct access from a street but shall have provided adequate driveways and turning areas.

No loading or parking spaces shall be located in any required buffer area.

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.

Minimum off-street parking and loading requirements.

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

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:

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.

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.

Loading area requirements may be met by combining the floor areas of several activities taking place under one roof and applying the above ratios.

Shopping centers shall provide sufficient loading areas to adequately service the activities within the shopping center.

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.

Modifications.

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.

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.

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.

Requirements.

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.

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.

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.

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.

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.

Change in approval.

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.

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.

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.

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.

Electric vehicle supply/service equipment (EVSE) and make-ready parking spaces.

[Added 10-11-2022 by Ord. No. 2022-OR-030]

Electric vehicle supply/service equipment.

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:

Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.

Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.

Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.

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.

Definitions. As used in this subsection, the following terms shall have the meanings indicated:

CERTIFICATE OF OCCUPANCY

The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), and regulations adopted pursuant thereto.

CHARGING LEVEL

The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:

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.

ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT (EVSE)

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.

ELECTRIC VEHICLE

Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged 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."

MAKE-READY PARKING SPACE

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.

PRIVATE EVSE

EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public, etc.).

PUBLICLY ACCESSIBLE EVSE

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.).

Approvals and permits.

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.

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.

All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.

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.

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:

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;

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

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.

An application above shall be deemed complete if:

The application, including the permit fee and all necessary documentation, is determined to be complete;

A notice of incompleteness is not provided within 20 days after the filing of the application; or

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.

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.

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.

Requirements for new installation of EVSE and make-ready parking spaces.

Multiple dwellings with five or more units of dwelling space.

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:

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;

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

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.

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.

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.

Parking lots and garages.

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:

Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.

Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.

Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.

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.

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.

In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.

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.

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.

Minimum parking requirements.

All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to § 330-99.

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.

All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.

Additional installation of EVSE and make-ready parking spaces above what is required in Subsection C(3)(b) above may be encouraged, but shall not be required in development projects.

Reasonable standards for all new EVSE and make-ready parking spaces.

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.

Installation.

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.

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.

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.

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.

EVSE parking.

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.

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.

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.

Private parking. The use of EVSE shall be monitored by the property owner or designee.

Safety.

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.

Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with §§ 330-85, 330-95, 330-99 and 330-100.

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.

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.

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.

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.

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.

Signs.

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.

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.

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.

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:

Hours of operations and/or time limits if time limits or towaway provisions are to be enforced by the Township or owner/designee;

Usage fees and parking fees, if applicable; and

Contact information (telephone number) for reporting when the equipment is not operating or other problems.

Usage fees.

For publicly accessible municipal EVSE – RESERVED.

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.

§ 330-100 Landscaping.

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.

Regulations.

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.

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.

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.

Parking areas in front of buildings. Parking lots located in front of buildings shall be landscaped to separate them from adjacent roadways.

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.

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.

Other required landscaped areas.

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.

The applicant shall landscape 5% to 10% of the parking areas provided.

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.

§ 330-101 Performance standards.

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.

Regulations.

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.

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.

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.

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]

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.

§ 330-102 Public and private utilities.

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.

Regulations.

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.

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.

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.

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.

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.

§ 330-103 Sanitary sewers and septic systems.

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.

Regulations.

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.

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.

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.

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.

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.

Design.

Sanitary sewer pipe shall be sized for full flow from the tract. The Township Engineer may require larger pipe sized to accommodate future extensions.

Minimum grades at terminal runs of all sanitary sewer lines shall be 1%.

Manholes shall be placed at every point where the sanitary sewer line changes direction. In no instance shall the spacing exceed 400 feet.

Prior to the final approval, the Township Engineer shall approve all sanitary sewer designs which will become a part of the Township facilities.

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.

§ 330-104 Shade trees.

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.

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.

§ 330-105 Sidewalks.

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.

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.

§ 330-106 Sight triangles.

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.

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.

§ 330-107 Signs.

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.

Regulations. These regulations shall be applicable to all signs in all zone districts except those expressly limited herein.

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:

The alarm sign shall be part of the overall security system installation.

The sign shall not exceed one square foot in size.

The sign shall be located no farther than two feet from the front steps of the residential dwelling.

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:

The size of any such sign shall not exceed eight square feet;

Not more than one of each type of sign is placed upon any property;

Such signs shall be removed when the premises are sold or rented or when work has been completed on the premises;

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.

Institutional signs. Signs of schools, colleges, churches and other institutions of a similar public or semipublic nature may be erected and maintained, provided that:

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;

Signs affixed to the facade of the structure shall be permitted, provided the sign shall not exceed 5% of the building facade.

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:

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;

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.

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:

Each such development shall submit a signing plan to the Planning Board for approval. Such signing plan shall include details on:

Letter style.

Lighting.

Color.

Construction and materials.

Height of sign.

Height above grade or below roofline.

Locations.

Standards.

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.

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.

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.

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.

General regulations. The following regulations shall apply to all permitted and preexisting nonconforming signs:

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]

Signs attached to a principal structure shall not extend above the roofline or parapet.

Electronic message signs meeting the following conditions will be permitted:

[Amended 12-27-2005 by Ord. No. 05-OR-038]

Electronic messages shall be composed of block letters only.

Message center shall have a neutral background.

Messages shall change no less than every five seconds.

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.

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]

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.

A permit shall be required for the erection, alteration, or reconstruction of any sign except as noted in Subsection B(6)(i) and (j) below. The advertiser shall be responsible for securing the permit.

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.

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.

Temporary signs for an election shall be permitted with the property owner's permission for a period not to exceed four weeks.

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.

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]

Editor's Note: See also Ch. 371, Numbering of Buildings and Curbs.

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:

Six-inch-by-twenty-four-inch extrusion.

Four-inch letters.

Four-inch white reflective sheeting background with green letters.

Two-and-three-eighths-inch outside diameter pole.

Seven-foot height to street name.

Billboard signs.

[Added 12-28-2004 by Ord. No. 04-OR-030; amended 10-27-2009 by Ord. No. 09-OR-022]

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:

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.

Real estate sign: a sign which advertises the sale or lease of property upon which the sign is located.

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.

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.

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.

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.

Setback requirements.

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.

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.

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.

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.

Billboard standards.

Permitted signs; restrictions.

The following billboard signs shall be permitted:

One-sided sign: a billboard sign which faces oncoming traffic proceeding along the nearest traffic lane to the billboard sign.

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.

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.

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.

Multiple message signs shall conform to the standards set forth in N.J.A.C. 16:41C-8.8.

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.

The billboard sign shall not emit smoke, steam, visible vapors, particles or sound.

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.

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.

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.

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]

Editor's Note: See Ch. 442, Property Maintenance.

No billboard sign shall contain messages advertising and/or depicting any obscene material and/or any adult live entertainment, as defined and provided for in Chapter 100, Adult Uses.

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.

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.

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.

§ 330-108 Soil erosion and sediment control.

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.

Regulations.

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]

Editor's Note: See N.J.S.A. 4:24-39 et seq.

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:

Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion;

Whenever feasible, natural vegetation shall be retained and protected;

The extent of the disturbed areas and the duration of its exposure shall be kept within practical limits;

Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbances;

Drainage provisions shall accommodate increased runoff resulting from modified soil and surface conditions during and after development of land disturbances;

Water runoff shall be minimized and retained on site wherever possible to facilitate groundwater recharge;

Sediment shall be retained on site; and

Diversions, sediment basins and similar required structures shall be installed prior to any on-site grading or land disturbance.

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.

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.

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.

§ 330-109 Economic feasibility analysis.

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.

Regulations.

Type of development. Each applicant shall demonstrate the nature of the development which is proposed, its purpose and its size.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

§ 330-110 Streets.

General standards.

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.

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]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

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.

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.

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.

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.

Minor streets. Minor streets shall be so designed as to discourage through traffic.

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.

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.

Right-of-way width.

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

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.

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.

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.

Grades.

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.

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.

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.

Sight triangles. Sight triangles shall be provided as required in § 330-106, Sight triangles.

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.

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.

Culs-de-sac.

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.

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.

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

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.

General.

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.

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.

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.

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.

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.

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.

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:

Enter the CBR scale with the CBR design value and project a line through the calculated Design Traffic Number to the pivot line.

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.

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.

§ 330-111 Water supply.

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.

Regulations.

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.

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.

Easements. Where water distribution systems are installed outside streets, easements or rights-of-way shall be required in accordance with § 330-88, Easements.

Design. In general, the following policies shall be followed in determining the size of water mains:

Lines whose primary function is and will be to serve adjacent property will be eight inches.

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.

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.

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.

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.

The Board of Fire Engineers shall review and approve the water main and hydrant locations prior to final approvals of any sections.

§ 330-112 Traffic impact report.

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.

Regulations.

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.

This information shall include, but not be limited to, the following:

Traffic generation of the proposed project;

Existing traffic loads on surrounding roads;

Existing capacity of surrounding roads and level of service;

Probable impact of project on capacity and service levels;

Possible improvements necessary to ease congestion and maintain levels of service; and

BURLINGTON COUNTY REGIONAL PROGRAM

Possible impact of traffic on the structural adequacy of adjoining streets and recommendations for paving improvements if found necessary.

§ 330-113 Recycling in new multifamily, qualified private community and mobile home park developments.

[Amended 7-13-2010 by Ord. No. 10-OR-015]

Definitions. As used in this section, the following definitions shall apply:

ACT or SWMA

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.

CLASS A RECYCLABLE MATERIAL

Source-separated, nonputrescible, metal, glass, paper and plastic containers; and corrugated and other cardboard.

COMMINGLED

A combining of source-separated recyclable materials for the purpose of recycling.

COMMON AREA RECYCLING STORAGE LOCATION

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.

CONDOMINIUM COMPLEX

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.

CORRUGATED AND OTHER CARDBOARD

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.

COUNTY

The Burlington County Board of Chosen Freeholders, and its successors and assigns, acting through the Burlington County Department of Solid Waste.

CURBSIDE DESIGNATED RECYCLABLES

Those designated recyclables that are placed for collection within the parameters of the curbside collection program as outlined herein.

CURBSIDE RECYCLING CONTAINER

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.

DEP or DEPARTMENT

The New Jersey Department of Environmental Protection.

DESIGNATED RECYCLABLE MATERIALS

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.

DSW

The Burlington County Department of Solid Waste, its successors and assigns.

FIBER

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.

MOBILE HOME PARK

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.

MULTIFAMILY DWELLING

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.

MUNICIPALITY

The Township of Burlington located within the County of Burlington, State of New Jersey.

MUNICIPAL SOLID WASTE

Residential, commercial and institutional solid waste generated within a community.

PAPER

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.

PERSON

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.

QUALIFIED PRIVATE COMMUNITY

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.

RECYCLABLE MATERIALS

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.

RECYCLING

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.

RESIDENT

Any person residing within the municipality on a temporary or permanent basis, but excluding persons residing in hotels or motels.

SOLID WASTE

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.

SOURCE-SEPARATED

Recyclable materials separated from the solid waste stream at the point of generation.

SWMA

The New Jersey Solid Waste Management Act, as amended.

Design of containment areas for designated recyclable materials on residential sites.

Design standards for common area recycling storage locations.

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.

Each common area recycling storage location shall, at a minimum, conform to the following standards:

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)

Unless expressly prohibited by a municipality, or not feasible due to existing site constraints, recycling containers for all Class A designated recyclables shall be co-located at all solid waste collection areas within the complex.

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.

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.

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.

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:

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.

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.

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.

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.

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.

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.

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.

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.

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.

§ 330-114 Record plans.

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.

§ 330-115 Wireless telecommunications towers and antennas.

[Added 3-27-2007 by Ord. No. 07-OR-005]

Purpose and objectives.

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.

The specific objectives of this section are to:

Encourage the location of towers on municipal property;

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;

Provide opportunity for full wireless communication services within the Township while minimizing the total number of towers throughout the community;

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;

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

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;

Consider the public health impacts and safety of communications towers;

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures; and

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.

ALTERNATIVE TOWER STRUCTURE

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.

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.

ANTENNA

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.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

HEIGHT

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.

MLUL

The Municipal Land Use Law, Chapter 291, Laws of 1975, N.J.S.A. 40:55D-1 et seq.

PREEXISTING TOWERS and PREEXISTING ANTENNAS

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.

REVIEWING BOARD

The duly appointed Planning Board or Zoning Board of Adjustment.

WIRELESS TELECOMMUNICATIONS TOWER

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.

Applicability.

New towers and antennas. All wireless telecommunications towers in the Township shall be subject to these regulations, except as provided in Subsection C(2) and (3).

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.

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.

Satellite dish antennas. This section shall not govern any satellite dish antennas regulated under § 330-38, Dish antenna regulations, of this chapter.

Permitted uses.

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.

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.

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:

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.

A preexisting tower may be modified or rebuilt to a taller height, not to exceed the maximum tower height established by this section.

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.

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.

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.

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:

Site plan required. Wireless communication towers shall require site plan approval from the appropriate reviewing board in accordance with N.J.S.A. 40:55D-46; and Articles III, IV, V and VI of this chapter.

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.

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:

Lot area: 40,000 square feet.

Lot width: 150 feet.

Lot depth: 200 feet.

Setbacks: as set forth in Subsection F(12).

Maximum lot coverage: 40%.

Maximum height: as set forth in Subsection F(11).

Editor's Note: The Schedule is included at the end of this chapter.

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.

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.

Aesthetics. Wireless telecommunications towers shall meet the following requirements:

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.

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.

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.

All cables/wires serving the wireless communications tower shall be installed in underground conduits.

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.

Antennas shall be flush-mounted or internally located.

Buffering/screening.

To the maximum extent possible:

New towers visible from any street shall be designed as alternative tower structures, as defined in Subsection B herein.

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.

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.

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:

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.

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.

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.

Wherever possible, required landscaping shall be installed on the outside of any required security fencing.

In locations where the visual impact of the tower would be minimal, the reviewing board may reduce the landscaping requirements.

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.

Parking. Off-street parking, not to exceed five parking spaces, shall be permitted, as needed, and as specifically approved by the reviewing board.

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.

Height regulated.

The maximum height of new towers shall be the lowest feasible for the intended purpose and shall be limited to:

One hundred feet for a single user.

For two users: 120 feet.

For three or more users: 150 feet.

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.

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.

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:

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.

The minimum tower setback from a residential zone district line, residential use, school site or recreation site shall be 350 feet.

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.

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.

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.

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.

Separation distance between towers. Any proposed tower shall be separated by a minimum distance of 1,500 feet from any preexisting tower.

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.

Removal of abandoned antennas and towers.

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.

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.

Preexisting towers.

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).

Submission requirements.

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.

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:

Proof of structural integrity and code compliance.

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.

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.

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.

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.

A notarized statement by the applicant as to whether construction of the tower will accommodate co-location of additional antennas for future users.

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.

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.

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:

How the proposed location specifically relates to the suitability or unsuitability of such existing structures to be utilized to provide the intended wireless communications.

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.

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.

How the proposed location specifically relates to the objective of locating towers on municipal property.

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.

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.

Legal description of the entire tract and leased parcel (if applicable).

Written approval from the Township Council for use of Township-owned land or structures when the application involves such land or structures.