Township of Egg Harbor, NJ Article IV Standards

§ 94-4 General requirements.

A. All construction shall be performed in accordance with the details and specifications of the Township as described herein.

B. The developer shall employ a New Jersey licensed professional planner, engineer and/or architect to prepare appropriate reports, plans and specifications for site improvements and a New Jersey licensed professional land surveyor to make land surveys and subdivision maps.

C. Construction of all required improvements shall be inspected by the Township Engineer and/or Township Planner.

D. Minor modifications or changes in the approved plans and specifications may be affected only upon written approval of the Township Engineer or Planner; however, some changes may require further review and approval of the Planning Board.

E. Any application for development shall demonstrate conformance to design standards that will encourage sound development patterns within the Township. Where either an Official Map and/or Master Plan has been adopted, the development shall conform to the proposals and conditions shown thereon. Proposed development shall also conform to the standards and management programs of the New Jersey Pinelands Comprehensive Management Plan as contained within this chapter and in Chapter 225 of this code. In accordance with good design practices, extreme deviations from rectangular lot shapes and straight lot lines shall not be allowed unless made necessary by special topographical conditions or other special conditions acceptable to the approving authority. All improvements shall be installed and connected with existing facilities or installed in required locations to enable future connections with approved systems or contemplated systems and shall be adequate to handle all present and probable future development.

[Amended 7-14-1993 by Ord. No. 30-1993]

F. Whenever a development abuts or crosses a municipal boundary, access to those lots within the Township shall be from within the Township as the general rule. Wherever access to a development is required across land in an adjoining community as the exception, the approving authority may require documentation that such access is legally established and that the access road is adequately improved.

G. The proposed name of a development or street shall not duplicate or closely approximate the name of any other development or street in the Township. The approving board shall have final authority to designate the name of the development or street.

§ 94-5 Architectural design plan.

A. An architectural design plan shall be submitted with all site plan applications which indicates the anticipated appearance of the project upon completion. This plan shall include the following information:

(1) A description of the general design of the proposed facility, complete with cross sections of the building in conjunction with the landscaped or natural environment, elevations, sketches, renderings and photographs or scale models of any structures or construction associated with the facility.

(2) Building materials, textures and color schemes described in detail.

(3) Perspective views of the facility from several on-site and off-site vantage points.

B. If the application is for a development project which exhibits a repetitive design theme, an architectural plan which is representative of each typical design shall be required.

C. The approving authority may waive any or all of the above provisions depending upon the circumstances of each particular application.

§ 94-6 Bikeways and pedestrian paths.

A. General standards. The Township of Egg Harbor encourages the appropriate and efficient use of land, the development of appropriate transportation systems and the promotion of a desirable, visual environment through creative development techniques and establishes the policy that a coordinated bikeway and pedestrian path system be developed within the community.

B. Regulations. Bikeways or pedestrianways shall be required at the approving authority'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-l 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. The minimum width for bikeways built in locations other than along streets is eight feet. Bikeways constructed as part of the street shall be four to six feet in width, depending on the street classification.

§ 94-7 Blocks.

A. General standards. Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required by the Township ordinances and to provide for convenient access, circulation control and safety of street traffic. For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.

B. 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
	Recommended
	Lot Width Category (feet)	Minimum Number of Lots	Maximum Number of Lots	Standard Number of Lots
	100 or fewer	5	15	10 to 12
	101 to 120	5	12	9 to 11
	121 to 160	4	9	7 to 8
	161 or more	3	7	5 to 6

(1) 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 fall within a specific ten-foot lot frontage category.

(2) 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.

C. 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.

§ 94-8 Buffers.

[Amended 2-24-1993 by Ord. No. 6-1993; 7-14-1993 by Ord. No. 30-1993; 6-8-1994 by Ord. No. 25-1994]

A. Buffer areas are required along all lot lines and street lines which separate a nonresidential use from an existing residential zoning district. 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, including basins, activity, storage of materials or parking of vehicles shall be permitted in a buffer area. The only improvements to be constructed in this buffer area, other than bus shelters, sidewalks, landscaping and signs, are to be those improvements necessary to provide ingress and egress to the subject site. The standards for the location and design of buffer areas are intended to provide flexibility in order to provide effective buffers. The location and design of buffers 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 type of buffer, such as dense planting, existing woods, a wall or fence; buffer height; buffer width; and other combinations of man-made and natural features. The buffer 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 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.

[Amended 6-22-2011 by Ord. No. 21-2011]

B. Notwithstanding the above, a minimum of 1/2 but in no case less than 10 feet of the horizontal width of any buffer required along a periphery shall have an area which shall be designed, planted, graded, landscaped and developed in accordance with § 94-22C of this chapter.

C. The preservation of all natural wooded tracts shall be an integral part of all site 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 as determined by the Township Planner.

D. Wherever this chapter imposes a landscaping or seeding requirement, natural vegetation may be substituted in all areas, provided that such buffer is acceptable to the Township Planner. The landscaping and seeding requirement shall still apply, however, in all areas not so covered.

E. Within the Pinelands Area of the Township, all proposed landscaping shall conform to § 225-50.9 of Chapter 225.

F. In order to provide adequate buffering between differing classifications and intensities of land use, including but not limited to commercial property and residentially zoned property or property improved with a conforming residential use, a buffer zone shall be provided in conjunction with any nonresidential use abutting a residentially zoned lot or a lot used for a conforming residential purpose. Such buffer requirements shall apply to every property line that abuts a residentially zoned lot or lot improved with a conforming residential use. The minimum width of such buffer zone shall be not less than 25 feet for a building or group of buildings up to a maximum buffer width of 100 feet, except that, for light industrial uses, the minimum buffer width abutting a residential district shall be not less than 50 feet.

G. Where a nonresidential operation or activity is proposed within any zone which will exceed 20,000 square feet and will abut existing conforming residential uses, the Board may require an earth mound with screen plantings to provide a sight and sound barrier. Such mound shall be not less than 10 feet in height nor 36 feet in width at its base and shall be greater if required to visually screen, to the maximum extent feasible, parking, lighting and buildings from the residential area or to provide for a minimum noise level at the property line.

H. In the Neighborhood Business, Community Business, Highway Business, Special Highway Development, Regional Commercial, Light Industrial, Restricted Industrial, General Commercial and Recreation Park Districts there shall be a minimum buffer equal to the parking setbacks in the district unless a more stringent standard is imposed in Chapter 225 or Chapter 94. The only improvements to be constructed in this buffer area, other than bus shelters, sidewalks, landscaping and signs, are to be those improvements necessary to provide ingress and egress to the subject site.

[Amended 10-11-2006 by Ord. No. 49-2006[1]; 6-22-2011 by Ord. No. 21-2011]

[1] Editor’s Note: This ordinance also repealed former Subsections I and J (see now Subsection H) and redesignated former Subsections K and L as Subsection I and J, respectively.

I. Aboveground emergency generating facilities, switching complexes, pumping stations, storage tanks and substations shall be screened from adjacent uses with continuous evergreen vegetation to the satisfaction of the Township Planner.[2]

[2] Editor’s Note: Former Subsection J, Major site plan/subdivisions, added 12-27-2000 by Ord. No. 46-2000, which immediately followed this subsection, was repealed 4-13-2011 by Ord. No. 15-2011.

§ 94-9 Community impact statement.

A. All applications for preliminary major subdivision approval where 25 or more lots are proposed, all applications for multifamily residential developments and all applications for preliminary major site plan approval shall be accompanied by a community impact statement analyzing the proposed development and its expected impacts upon existing municipal facilities and services. Individual lots situated within an approved major subdivision or within an approved industrial or commercial park shall not be subject to this requirement.

B. The community impact statement shall indicate why, in the applicant's opinion, the proposed development is in the public interest, as well as provide data and opinions concerning the following specific items:

(1) Population impact: an analysis of the number of people expected to be added to the municipal population as a result of the proposed development according to the following age cohort: children, adults and other information about age cohort.

(2) School impact: an analysis of the anticipated number of pupils who will be added to the student population in the municipality and the ability of the existing public school facilities to absorb the expected student population during a ten-year period. Should expanded or new school facilities and/or increased teaching staff be required, the projected cost for such additions shall be specified.

(3) Facilities impact: an analysis of the existing facilities available to serve the proposed development and the impact of the development upon the facilities, including the adequacy of existing public water facilities, public sewerage facilities, recreational facilities and library facilities. Should such facilities be determined inadequate to serve the proposed development, the remedies, either expected or proposed by the applicant, shall be indicated along with the estimated costs for such additional facilities.

(4) Service impact: an analysis of the existing services provided by the Township to serve the proposed development and the impact of the development upon the services, including police protection, fire protection, solid waste disposal and street maintenance services.

(5) Traffic impact: an analysis of the existing road network available to serve the proposed development, as well as the proposed road network within the development itself and the surrounding road network which will be affected by the proposed development, including the capacity of the existing and proposed roadways, the anticipated traffic volumes as a result of the proposed development, the physical structure of both road networks; and any problem areas in the road network affected by the development, including unsafe intersections, and vertical or horizontal alignments.

(6) Financial impact: an analysis of the revenues expected to be generated from the development compared to the anticipated costs which the proposed development is expected to generate. Revenues and costs shall be projected for the Township, the Township school system and the county.

C. All factors, multipliers and values used in the preparation of the community impact statement shall have been provided by a reliable and recognized source and shall be subject to verification as to their accuracy and applicability by the Planning Board. If the Township demonstrates reasonable cause to question any representations made in the impact statement, the applicant shall be liable for any additional expense incurred during the review of said statement.

D. The applicant shall prepare a reference list of all published materials, reports, manuscripts or other written sources of information which were consulted and employed in the preparation of the community impact statement. A separate reference list of all governmental agencies and individuals that provided information or coordinated the statement shall be prepared, with the dates and locations of all meetings specified. The documentation shall also indicate the person(s) that prepared each major section of the statement, including their qualifications.

E. Waiver. The Planning Board may waive any or all provisions of this section that it deems unnecessary.

§ 94-10 Off-tract improvement costs.

A. A developer, as a condition for approval of a subdivision or site plan, shall pay his pro rata share of the cost of providing only reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the subdivision or tract for which site plan approval is requested but necessitated or required by construction or improvements within such subdivision or tract. The Planning Board shall determine the reasonableness of and necessity for such improvements and shall also determine such pro rata share as follows:

(1) The total cost thereof shall be estimated by the Planning Board Engineer.

(2) The Planning Board shall next consider the circulation plan and utility service plan elements of the Master Plan and shall ascertain:

(a) The benefit accruing to the proposed subdivision or site plan by the improvements and/or facilities.

(b) The benefit accruing to lands outside of the property limits of the subdivision or tract.

(3) The Planning Board shall determine said pro rata share by establishing a ratio between the benefit accruing to the proposed subdivision or site plan and the total benefit accruing by reasons of the improvements and/or the facilities and applying it to the total cost.

B. The final cost of the completed improvements and/or facilities shall be ascertained by the Planning Board Engineer, who shall advise the Planning Board and the developer of the final cost. The estimated pro rata share shall be modified by the actual final cost and appropriate adjustments made.

C. The standards established to determine such pro rata share shall not be altered subsequent to preliminary approval to apply to such subdivision or site plan.

D. Where a developer pays, under protest, the amount determined as his pro rata share, he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.

E. Such payment shall be made by a deposit of cash, and the developer shall agree to make additional payment upon determination of the actual cost, if there is any. Such payment shall be made within 30 days of the determination by the Planning Board of the pro rata share.

F. The developer and the Planning Board may enter into an agreement providing for payment of the full cost of the required off-tract improvements by the developer with a provision for future reimbursement for an agreed time as the improvements shall be utilized by others.

G. The Planning Board shall act within the applicable period for approval of the application by the Planning Board.

§ 94-11 Curbs and gutters.

A. Curbing shall be required for drainage purposes, safety and delineation and protection of pavement edge. The Board shall require the applicant to install the curb or contribute payment in lieu of the actual installation of curb as a condition of the land development approval.

[Amended 4-14-2010 by Ord. No. 8-2010]

B. All streets shall be curbed and guttered in all major developments on both sides except where the subdivision border coincides with an accepted Township street, in which case the subdivider shall provide improvements along the frontage of the accepted Township street to which the development abuts.

C. Where curbing is not required, some sort of edge definition and stabilization shall be furnished for safety reasons and to prevent pavement unraveling. Curbing may be required:

(1) For stormwater management.

(2) For road stabilization.

(3) For delineation of parking areas.

(4) Ten feet on each side of drainage inlets.

(5) At intersections.

(6) At corners.

(7) At tight radii.

D. The curb section to be used shall be not more than 10 feet in length, shall be set in accordance with approved lines and grades, and radial curbs shall be formed in an arc segment, in a smooth curve. Chord segments are prohibited. Monolithic curb and gutter shall be constructed using air entrained Class B concrete, having twenty-eight-day compressive strength of 3,500 pounds per square inch. The dimensions of the particular parts of the monolithic curb and gutter shall be as follows:

(1) The top of the curb shall be six inches in width.

(2) The rear face of the curb shall be 12 inches in height.

(3) The width of the curb at the gutter elevation shall be seven inches.

(4) The width of the gutter shall be 18 inches.

(5) The height of the curb face at the gutter shall be six inches, and the depth of the gutter at the street face shall be seven inches.

(6) All exposed edges shall be rounded with a radius of 3/4 inch to one inch.

E. If poured separately, the curb and gutter shall each be six inches by 18 inches. The gutter shall be set to provide a six-inch curb face and graded in accordance with cross slopes on the proposed or existing street.

F. In those streets in which the road grade exceeds 6%, the paved edge of the road shall be dished to drain surface water to catch basins. All materials used on road construction and methods and work procedures shall be in accordance with the standard form of specifications for New Jersey State highways and in accordance with standard construction details, as amended.

G. At locations specified by the approving authority and at all intersections, the curbing shall have a barrier-free design to provide a ramp for bicycles and/or wheelchairs, details for which may be obtained from the Engineer. In certain instances it may be necessary or desirable to construct alternate curb types. For example, these may be required by the Planning Board on the perimeter of channelizing islands or in areas of unusually heavy gutter drainage flow or may be desired by the subdivider for decorative purposes or to preserve vegetation (e.g., granite block curb, rolled concrete curb, etc.). If alternate curb types are to be permitted, an appropriate construction detail shall be submitted for approval with the preliminary and final plat.

H. For all major subdivisions requiring Belgian block curbing, upon completion of the curb installation and prior to acceptance by the Township, the applicant shall contribute a reserve supply of 10% of the total used Belgian block curb to the Township for future maintenance by the Township.

[Added 11-23-2004 by Ord. No. 58-2004]

§ 94-12 Easements.

A. Easements outside of street rights-of-way and along rear property lines or elsewhere for utility installation may be required, but are generally discouraged. Such easements shall be at least 20 feet wide for one utility and five additional feet for each additional utility and be located in consultation with the companies, municipal departments concerned or other jurisdictional agencies and, to the fullest extent possible, be centered on or adjacent to rear or side lot lines.

B. 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.

C. The removal of trees and ground cover shall be prohibited in a conservation easement or floodplain, except for the following purposes:

(1) The removal of dead or diseased trees.

(2) Limited thinning of trees and growth to encourage more desirable growth.

(3) 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 or approved conservation plan by the Soil Conservation District.

D. Where a subdivision is traversed by a watercourse, drainageway channel or street, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse and such further width or construction, or both, as is deemed adequate for the purpose by the Township Engineer.

E. All easement dedications shall be expressed on the final plat as indicated in the relevant subsections of Chapter 198, Subdivision of Land and Site Plan Review.[1]

[1] Editor's Note: Former Subsection F, which provided that lands to be dedicated for easement purposes be deducted from the minimum lot area, was repealed 6-8-1994 by Ord. No. 25-1994.

F. Easement lines shall be considered as property lines when locating building setbacks.

[Added 10-11-2006 by Ord. No. 49-2006]

§ 94-13 Energy conservation techniques.

The board shall, when reviewing all major development applications, consider energy conservation techniques. Such techniques shall include but not be limited to:

A. The orientation of streets and structures to gain the best solar advantage.

B. The use of clustering.

C. The provision of bike paths and public transportation amenities such as bus shelters.

D. The incorporation of active and passive solar power and designs.

§ 94-14 Environmental impact statement.

A. Intent. Given the fact that major portions of the Township are environmentally sensitive and stand to suffer adverse environmental effects without proper land use control, it is the intent of the environmental impact statement requirement to provide for the Township of Egg Harbor a basis for making determinations in order to protect its natural resource base and balanced biological systems.

B. Applicability. An environmental impact statement shall be required for all major subdivisions and major site plans. Additionally, an environmental impact statement shall be required for all minor site plans where the property for which a minor site plan approval has been sought contains wetlands or is within 200 feet of wetlands. The Planning Board may require an environmental impact statement in regard to any application before the Board.

[Amended 11-21-2006 by Ord. No. 73-2006]

C. Submission criteria.

(1) Where required, the applicant shall provide an environmental impact statement in accordance with the requirements of this section.

(2) The environmental impact statement shall be prepared and submitted with the preliminary application, and the application may be deemed incomplete without it.

(3) Environmental impact statements shall be certified by a licensed professional engineer or licensed professional planner.

(4) Details. As a minimum, the environmental impact statement shall include the following information:

(a) Composite environmental constraints map at the same scale as the preliminary plat or site plan.

[1] The applicant shall, utilizing existing map sources, present a plan indicating:

[a] The features for preservation.

[b] Features which represent any constraints for development:

[i] Generally indicating the area most suitable for development.

[ii] The areas least suitable for development or critical impact areas. 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, mature stands of native vegetation, aquifer recharge areas and archaeologically sensitive areas.

[iii] Various degrees of suitability between these two extremes.

[2] When field investigations are performed to determine existing conditions, methods used shall be addressed.

(b) A statement describing and explaining the impact and effect of proposed subdivision or site plan upon the ecological systems and environment of Egg Harbor Township's land and waters giving consideration to the applicable natural processes and social values of:

[1] Geology.

[2] Aquifers, subsurface water supply.

[3] Hydrology.

[4] Depth of seasonal high-water table (referencing both designations in the Atlantic County Soil Survey and the results of on-site field investigations).

[5] Stormwater runoff, management technique proposed.

[6] Soils (especially their development potential utilizing the construction standards in the Atlantic County Soil Survey).

[7] Potential soil loss.

[8] Soil nutrient retention.

[9] Vegetation, including a description of proposed landscaping, buffers, etc.

[10] Wetland and coastal vegetation.

[11] Recreation value of vegetation.

[12] Historic value.

[13] Scenic features.

[14] Wildlife; high-value areas.

[15] Wildlife; threatened and endangered.

[16] Water quality; potential impacts on surface and subsurface resources.

[17] Air quality, including potential traffic increases.

[18] Solid waste management technique proposed.

(c) Specific plans proposed by the subdivider or developer to alter, preserve or enhance and mitigate or minimize adverse impacts on the natural resources and natural features of the land within the proposed subdivision or site.

(d) Samples.

[1] Test boring, percolation rates, water levels and groundwater samples in accordance with the following standards:

	Site (acres)	Number of Test Holes
	Up to 2	1
	2	3
	3	6
	5 to 10	8
	11 to 40	10
	41 to 100	16
	Over 100	20

[2] These borings shall be distributed over the tract to adequately represent site conditions and shall be to a minimum depth of 10 feet.

(5) Surface water quality. All surface water bodies shall be sampled and analyzed by a New Jersey certified laboratory before construction of the proposed project and not later than 90 days after construction is complete. A water sample to be analyzed shall consist of a composite sample of three grab samples collected on successive days. In the case of streams, two composite samples shall be collected: one immediately upstream and one immediately downstream of the site. Parameters to be analyzed for shall include, but not be limited to, the following:

	Total bacterial count
	Fecal coliform
	Fecal streptococcus
	Cadmium, total
	Chromium, total
	Arsenic, total
	Mercury, total
	Lead, total
	Zinc, total
	BOD
	COD
	Total dissolved solids
	Total suspended solids
	pH
	Nitrate nitrogen
	Total phosphate
	Total orthophosphate
	Total dissolved phosphate
	Methyl chloride
	Benzene
	Carbon tetrachloride
	Ethylbenzene
	Trichloroethylene
	Petroleum hydrocarbons
	Toluene
	1, 1, 2-trichloromethane
	1, 2-dichlorobenzene
	PCB's
	Vinyl chloride
	Phenols (if greater than 3.5 mg/l, do acid extricable test for phenols)
	Gamma-BHC
	Aldrin
	Chlordane

(6) Subsurface water.

(a) Describe subsurface water conditions of the site in terms of depth to groundwater and water supply capabilities of the site. Provide information regarding existing wells within 500 feet of the site relative to well depth, yield and water quality. Indicate the water recharge capabilities of the site and the effect that the proposed project will have on the groundwater of the site and adjacent areas. These tests shall be performed at locations prescribed by the Township Engineer.

(b) All monitoring results submitted to the Township for either surface and/or groundwater shall be accompanied by an interpretive statement prepared by the testing laboratory which describes each constituent tested in reference to existing state and federal standards for maximum concentrations.

(7) Alternatives to the proposed project. The report should describe alternatives to the proposed design which were considered and the reasons these alternative designs were not chosen from an environmental perspective.

(8) Unavoidable adverse impacts. A statement of impacts upon critical impact areas as described in Subsection C(4)(a)[1][b] and a listing of adverse impacts which cannot be avoided in the proposed design shall be included.

(9) Mitigation measures. Environmental protection measures, procedures and schedules to minimize damage to all critical impacts areas shall be indicated, and their implementation schedule in regards to the proposed construction sequence shall be included.

(10) Documentation.

(a) All publications, file reports, manuscripts or other written sources of information and all agencies and individuals from whom pertinent information was obtained orally or in writing which were employed in compilation of the environmental impact statement shall be listed. Dates and locations of all meetings shall be specified.

(b) A list of all licenses, permits and other approvals that are required by municipal, county, regional or state law and a status of each shall be included.

D. Approval process. No application for development shall be approved unless it has been affirmatively determined, after a thorough review of the submitted environmental impact statement by the Township and its professionals, that the proposed project:

(1) Will not result in a significant adverse impact on the local or regional environment, especially on the identified critical impact areas.

(2) Has been conceived and designed in such a manner that it will not significantly impair natural processes.

(3) Will not place a disproportionate or excessive demand upon the total resources available to the project site or to the impact area.

§ 94-15 Electric power.

Every principal use and every lot within a subdivision shall have available to it a source of electric power adequate to accommodate the reasonable needs of such use and every lot within such subdivision. Compliance with this requirement shall be determined as follows:

A. If the use is not a subdivision and is located on a lot that is served by an existing power line and the use can be served by a simple connection to such power line (as opposed to a more complex distribution system, such as would be required in an apartment complex or shopping center), then no further certification is needed.

B. If the use is a subdivision or is not located on a lot served by an existing power line or a substantial internal distribution system will be necessary, then the electric utility service provider must review the proposed plans and certify to the Township that it can provide service that is adequate to meet the needs of the proposed use and every lot within the proposed subdivision.

§ 94-16 (Reserved) [1]

[1] Editor's Note: Former § 94-16, Fences, as amended, was repealed 10-11-2006 by Ord. No. 49-2006.

§ 94-17 Fill areas.

A. No trees, brush or debris shall be used as landfill or in lieu thereof, nor shall any landfill operation be performed in such a manner as to cover unremoved trees and debris on any streets, lots or other areas.

B. Sufficient additional soils information regarding bearing capacity and load settlement must be provided where any building construction is proposed on filled areas or where any street improvements are proposed on fill exceeding four feet.

§ 94-18 Fire protection.

A. Every development (subdivided or unsubdivided) that is served by a public water system shall include a system of fire hydrants sufficient to provide adequate fire protection for the buildings located or intended to be located within such development. The average area per hydrant typically should not exceed 120,000 square feet.

B. The presumption established by this chapter is that to satisfy the standard set forth in Subsection A, fire hydrants located on Township property must be located so that all parts of every building within the development may be served by a hydrant by laying not more than 500 feet of hose connected to such hydrant. However, the Fire Chief may authorize or require a deviation from this standard if, in his professional opinion, another arrangement more satisfactorily complies with the standard set forth in Subsection A.

C. The Fire Chief shall determine the precise location of all fire hydrants, subject to the other provisions of this section. If these locations are not acceptable to the developer, he may request the opinion of another fire professional. The ultimate resolution of any dispute shall rest with the Planning Board. In general, fire hydrants shall be placed six feet behind the curbline of publicly dedicated streets that have curb and gutter and shall be located at all low points and at all high points with adequate means of drainage provided.

D. The Fire Chief shall determine the design standards of all hydrants based on fire flow needs. Unless otherwise specified by the Fire Chief, the size, type and installation of hydrants shall conform to generally accepted standards.

E. Water lines that serve hydrants shall be at least six-inch lines, and unless no other practicable alternative is available, no such lines shall be dead-end lines.

F. Whenever a central water supply system services a development, provision shall be made for fire hydrants along streets and/or on the walls of nonresidential structures as required by the Planning Board and approved by the Township Engineer and Fire Chief in accordance with Fire Insurance Rating Organization Standards. Fire hydrants shall have an independent below-ground shutoff valve and are to be installed in conformance with the specifications contained in this section.

G. Where streams or ponds exist or are proposed on lands to be developed, facilities will be provided to draft water for fire-fighting purposes. This shall include access to a public street suitable for use by fire-fighting equipment and construction of or improvements to ponds, dams or similar on-site and off-site development, where feasible. Such facilities shall be constructed to the satisfaction of the Township Engineer and Fire Chief and in accordance with Fire Insurance Rating Organization Standards. All major site plans and major subdivisions, including cluster developments and multifamily developments, shall be reviewed by the Township Fire Marshal. The applicant shall submit to the Fire Marshal or other appropriate fire officials complete plans of the proposed development and shall obtain from the Fire Marshal or appropriate officials written comments as to what items shall be incorporated in the design of the proposed development to allow at all times adequate access for fire fighting and emergency vehicles. The applicant shall incorporate in the site development all firesafety and fire protection devices and provisions as required by the Township Fire Marshal or the appropriate fire official. In the case of all major site plans, fire hydrants conforming to the spacing and recommendations of either the National Fire Protection Association or the Township Fire Marshal or appropriate fire official shall be provided on the site plan and shall be a specific requirement of Egg Harbor Township.

H. All development within the Pinelands Area of the Township shall conform to the provisions for fire management contained in § 225-50.3 of Chapter 225.

[Amended 7-14-1993 by Ord. No. 30-1993]

I. Fire lanes. Every commercial or industrial building or group of contiguous buildings on a single lot, the total gross floor area of which is over 20,000 square feet and the facade(s) of which abut(s) on a parking area, or which is only separated from such parking area by a pedestrian walkway, shall have a fire lane in each parking area abutting such facade or walkway. The fire lane shall be at least 12 feet wide and shall be so designed as to provide full access to every side of the building bordering on a parking area for fire and other emergency vehicles. The perimeter of fire lanes shall be clearly delineated with yellow paint and the words "Fire Lane - No Parking" shall be painted on the pavement at least every 200 linear feet and signs erected in conspicuous locations not more than 100 feet apart indicating "Fire Lane - No Parking." The fire lane shall not include loading areas as approved pursuant to any development applications.

[Added 6-8-1994 by Ord. No. 25-1994]

J. Major subdivisions which are remote from public water supply are required to install a six-thousand-gallon underground water storage tank.

[Added 2-11-1998 by Ord. No. 2-1998]

§ 94-19 Flag lot subdivision.

A. It is the intention of this section to permit a subdivision of large, narrow lots for the development of one additional dwelling.

B. With the exception of lot width, flag lots shall meet all required area and yard requirements prescribed in the Schedule of Minimum Area, Yard and Building Requirements of Chapter 225, Zoning, for the respective zone. The non-flag lot created shall meet or exceed all dimensional and bulk requirements for the subject zone.

C. A lot may be subdivided by means of this option only one time without the necessity of variance approval. Any additional request to subdivide either the original or the newly created lot(s) into a flag lot shall require subdivision and variance approval.

D. Not more than one flag-shape lot may be created by the subdivision.

E. An applicant requesting a flag lot subdivision may not own any contiguous lot or lots which would, if combined, provide sufficient lot frontage and lot width to create conforming, non-flag-type lots.

F. The lot being subdivided shall have sufficient lot width to provide the flag lot with a minimum lot width of 50 feet and provide the second lot created with a lot width equal to or greater than the required minimum lot width for the respective zone. However, the lot being subdivided shall have a lot width which is less than double the minimum lot width for the zone.

G. That portion of the flag lot providing access to the rear of said lot must be no less than 50 feet in width nor more than 400 feet in length extending uniformly from the lot frontage line to the rear lot line of the non-flag-type lot. This area shall be known as the "pole" of the flag. If the access strip is more than 400 feet long or serves more than one dwelling unit, access to the rear shall be only by a standard municipal street and a cul-de-sac dedicated as a public street. No structures may be constructed in the pole area nor in the areas of the pole as extended to the rear of the lot.

H. Any structure constructed on a flag lot adjoining a non-flag lot shall have a minimum setback from the rear lot line of the front lot equal to the minimum building setback for the respective zone.

I. Placement of a private driveway within the required access strip shall provide for a minimum fifteen-foot open space grass or landscaped area between the adjacent property line and edge of the access driveway.

§ 94-20 Floodplain regulations.

A. The purposes of the following floodplain regulations are to implement the land use rules and regulations promulgated by the New Jersey Department of Environmental Protection for floodways and the flood fringe portion of a flood hazard area, 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 periods by preventing the placing or storing of unsanitary or dangerous substances in the flood hazard areas.

B. The flood hazard design elevation shall be determined on an individual basis upon stream encroachment line data from the Division of Water Resources or, in the absence of that data, the flood elevation based on a one-hundred-year storm frequency. One or the other shall be delineated on the plat. In addition, the Planning Board Engineer may, upon receipt of the application and with the consent of the landowner and at the landowner's expense, determine the precise location of a floodway and flood fringe area by close inspection, field survey or other appropriate method and cause, if requested, the same to be marked on the ground and on the plat and notify 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, Soil Conservation Service, United States 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 and federal agencies shall subsequently publish any reports which delineate the flood hazard design elevation of a watercourse, the report shall be the officially delineated flood hazard area as if the report were published in this chapter.

C. Any lot containing a floodway portion of a drainage course and on which it is proposed to regrade and/or construct an improvement shall not be permitted unless the proposed use is permitted by this chapter, plat approval has been granted and a floodway permit has been issued by the New Jersey Department of Environmental Protection, Division of Water Resources, where required by the state.

D. Any lot containing a flood fringe portion of the flood hazard area and on which it is proposed to regrade and/or construct an improvement shall not be permitted unless the proposed use is permitted by this chapter and until plat approval has been granted.

E. The procedure for reviewing any proposed regrading and/or construction shall be the same as set forth for plat review. No application shall be approved and no permit granted until all zoning violations have either been corrected or a variance has been granted.

F. Regulation of the flood fringe portion of the flood hazard area shall be consistent in the approving authority's determination with the criteria and standards promulgated by the New Jersey Department of Environmental Protection governing the flood fringe area.

G. The applicant shall submit maps, reports and other appropriate documents permitting the approving authority to evaluate whether the proposal has an inherent low flood damage potential; does not obstruct flood flows or increase flood 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 channel modification or relocation; does not require fill or the erection of structures; and does not include the storage of equipment and materials.

H. Where a development is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream, there shall be provided and dedicated a drainage right-of-way easement of the municipality conforming substantially to the lines 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 municipality. The minimum width of easement for channel sections shall be the maximum design top width of the channel sections segment plus 20 feet, rounded to the next highest five-foot increment. However, if the floodway is not ascertainable for a stream or open channel, the width of drainage easement shall extend 50 feet beyond the top of bank on both sides of the drainage course.

§ 94-21 Grading, topsoil and seeding.

All lots, open spaces and planting areas shall be graded to secure proper drainage and to prevent the collection of stormwater. The grading shall be performed in a manner which will minimize the damage to or destruction of trees growing on the land. Topsoil shall be provided and/or redistributed on the surface as cover and shall be stabilized by seeding or planting. Grading plans shall have been submitted with the preliminary and final plats, and any departure from these plans must be approved in accordance with the requirements of this chapter for the modification of improvements.

A. Wherever possible, the land shall be graded so that the stormwater from each lot shall drain directly to the street. If impossible to drain directly to the street, it shall be directed to a system of interior yard drainage designed in accordance with this chapter.

B. Unless otherwise required by this chapter, all tree stumps, masonry and other obstructions shall be removed to a depth of two feet below existing or finished grade, whichever is lower.

C. The minimum slope for lawns and disturbed areas shall be 1 1/2% and, for smooth, hard-finished surfaces other than roadways and parking lots, 4/10 of 1%.

D. The maximum grade for lawns and disturbed areas within five feet of a building shall be 10% and, for lawns more than five feet from a building, 25%; except that, for the driveway, the maximum grade shall be 15%.

E. Retaining walls installed in slope-control areas shall be constructed of heavy creosoted timber or logs, reinforced concrete, other reinforced masonry or of other construction acceptable to the Board Engineer and shall be adequately designed and detailed on the final plat to carry all earth pressures, including any surcharges. The heights of retaining walls shall not exceed 1/3 of the horizontal distance from the foundation wall of any building to the face of the retaining wall.

F. The subdivider shall take all necessary precautions to prevent any siltation of streams during the construction of the subdivision. The subdivider shall provide adequate provisions to prevent all deposition of silt or other eroded material in any stream or watercourse. Such provisions may include, but are not limited to, construction and maintenance of siltation basins or holding ponds and diversion berms throughout the course of construction and planting areas.

G. All lots, open space and planting areas shall be seeded with a suitable stabilizing ground cover approved by the Township Planner. On any waterfront lots or open spaces, the Board may allow a suitable stabilizing ground cover other than seeding if approved by the Township Planner.

H. No topsoil shall be removed from the site or used as soil. Topsoil moved during the course of construction shall be redistributed so as to provide at least four inches of spread cover to all seeding and planting areas of the subdivision and shall be stabilized by seeding or planting. In the event that the quantity of topsoil at the site is insufficient to provide four inches of cover for all seeding and planting areas, the developer shall provide and distribute a sufficient quantity of topsoil to provide such a cover. Topsoil shall be approved by the Township Engineer.

I. In order to conserve the Township's limited natural resources, no soil, sand, gravel or other natural resources shall be stripped, excavated or otherwise removed for sale or for use other than on the premises from which the soil, sand, gravel or other natural resources shall be taken except for excavating or grading incidental to the construction or alteration of a building on such premises or an approved site plan or subdivision, provided that the amount to be removed does not exceed 20,000 cubic yards for every development site.

[Added 2-24-1999 by Ord. No. 6-1999[1]]

[1] Editor's Note: This chapter also provided for the redesignation of former Subsection I as Subsection J.

J. This section shall be applicable to all subdivisions, site plans and all individual dwelling unit(s) site disturbances.

§ 94-22 Landscaping.

A. All applications for site plan and major subdivision approval shall include a landscaping plan prepared by a qualified professional. At a minimum, the information contained on the plan shall include the following:

[Amended 6-8-1994 by Ord. No. 25-1994]

(1) The name of the professional responsible for preparing the plan.

(2) The location of existing on-site vegetation, including but not limited to specimen trees as identified in § 94-32 of this chapter and all individual trees over 15 inches diameter breast height (dbh) including species type. Trees over 15 inches (dbh) shall be an integral part of the landscape plan and incorporated into the landscape plan to the maximum extent possible. Species, density and approximate size of trees to be preserved shall be indicated on plans.

[Amended 10-11-2006 by Ord. No. 49-2006]

(3) The location of proposed plantings drawn to scale at maturity and keyed to plant list.

(4) Plant material proposed indicating the botanical and common name of each species.

(5) The quantity of each species proposed.

(6) The size of the proposed plant material at installation.

(7) The root condition of proposed plant material (bare root, balled and burlapped, container grown).

(8) Planting details illustrating method of plant installation, including but not limited to provisions for tree support and tree wrapping, specifications of planting pit size and backfill mix, mulching, etc.

(9) A note indicating that survival of all plant material shall be guaranteed for a period of one year or one growing season.

(10) Irrigation systems which will assure survival of plant material in planting beds and open space areas for all commercial developments.

(11) Existing vegetation preservation.

(a) Existing vegetation is to be preserved during construction indicated in the following manner:

[1] The location of all such plant material.

[2] Field markings for identification.

(b) All plant materials to be preserved shall be protected from damage during construction by fencing or similar barrier. Tree protection devices shall be installed before any excavation or grading is initiated and shall be maintained for the duration of the construction period. The location and extent of all protection devices shall be indicated on the landscaping plan.

(c) As a minimum precaution, the contractor shall install snow fencing supported by steel posts adjacent to the areas where plant materials are to be protected.

(d) Any damage incurred to existing trees shall be immediately repaired. Roots exposed and/or damaged during grading operations shall be immediately trimmed, treated and covered with topsoil.

(e) If trees designated for preservation are damaged, the applicant shall replace them with plant material similar in size and type as the original specimen. The specific replacement policy with respect to size/survival criteria shall be developed by an independent landscape architect and shall be submitted for review by the Township professionals.

(f) Trees may be preserved in areas where less than 24 inches of fill is proposed by observing the following procedures: Such trees shall be protected by a cylindrical sheath of galvanized metal placed within six inches of the trunk on all sides. Before soil is placed over the root area, a layer of broken stone or coarse gravel shall be laid down to within six inches of finished grade. A one-half-inch-thick fiberglass blanket with seams lapped at least six inches shall be spread over the gravel to enhance air circulation to the root zone. The remaining elevation shall be filled with topsoil. The area to be treated in this manner shall extend to the outer dripline of the branches.

(12) A maintenance plan for all plant material which specifies a schedule for the following activities, if applicable:

(a) Lawn, tree, shrub and ground cover care.

(b) Seasonal planting.

(c) Weed disease and pest control.

(d) Fertilization and land preparation.

(e) Irrigation system service.

(f) The name and address of the entity responsible for implementing the maintenance policy.

(13) Within the Pinelands Area, incorporate the elements set forth in § 225-50.9E of Chapter 225.

[Added 6-25-1997 by Ord. No. 24-1997]

B. Open areas. Portions of all front, rear and side yards which are not used for driveways, sidewalks, parking, loading, accessory buildings or recreational areas shall be planted with trees, shrubs, plants and lawns or ground cover in order to ensure the attractiveness of the premises and the protection of the soil thereon. Existing trees of four-inch caliper or over and any other significant natural features shall, if located in the landscape area, be preserved.

C. Buffer areas. All uses with required buffers shall provide landscaped planting areas at a width as prescribed in § 94-8 of this chapter. These landscaped areas shall include evergreen trees, shade trees, ornamental trees and shrub plantings as prescribed for each specific use or zone. Those portions of the buffer outside of the landscaped area shall be green space stabilized with turf or other approved ground cover. The following guidelines shall be utilized in designing the required landscaped portion of all buffer areas:

(1) Buffers separating a nonresidential use from a residential use or zone.

(a) Landscaped plantings within these buffer areas shall be of an average width as prescribed in § 94-8 of this chapter and shall provide a continuous evergreen screen of at least eight feet in height at maturity. Plantings shall consist of a combination of evergreen trees, evergreen shrubs and shade trees combined in the following manner:

[1] Evergreen trees shall be a minimum height of seven feet at planting and shall comprise a minimum of 75% of the landscape screen measured linearly along the buffer. Trees shall be planted in masses with a staggered configuration and plant spacings a maximum of eight feet on center.

[2] Evergreen shrubs shall be a minimum of three feet in height at time of planting and shall be planted in masses consisting of at least 12 shrubs. Each shrub mass shall be a minimum of six feet wide at time of planting to assure a solid screen at maturity.

[3] Shade trees shall be installed at a minimum size of three-inch caliper and shall be provided at a rate of three trees for every 100 linear feet of buffer.

[Amended 10-11-2006 by Ord. No. 49-2006]

(b) Linear planting configurations are discouraged. The actual width of the planting area may vary if the overall average width of buffer plantings is consistent with the standards outlined in § 94-8 of this chapter.

(2) Front, side and rear yard buffers (nonresidential zones and residential uses requiring buffers). Landscape plantings within these buffer areas shall be continuous, with an average width as prescribed in § 94-8 of this chapter. Plantings shall consist of a combination of evergreen trees, shade trees, ornamental trees and shrub massings in accordance with the following guidelines:

[Amended 10-11-2006 by Ord. No. 49-2006]

(a) Plantings shall be combined in a naturalistic manner avoiding linear configurations and providing significant masses of shrub plantings.

(b) At least 50% of all plantings in these areas shall be evergreen.

(c) Shade trees shall be a minimum of three inches caliper and shall be provided at a rate of three trees for every 100 linear feet of buffer.

(d) Within side and rear yard buffer areas, evergreen trees shall be provided at a rate of four trees for every 100 linear feet of buffer at a minimum height of six feet at planting.

(3) Should the site plan indicate that an existing natural buffer will be used in lieu of a planted buffer as specified above, the natural buffer will be used only if, in the opinion of the Construction Code Official, Zoning Officer, Township Planner or Township Engineer, such existing natural buffer is adequate and dense enough to provide proper screening; furthermore, if, in the opinion of either the Construction Code Official, Zoning Officer, Township Planner or Township Engineer, this existing natural buffer screening becomes inadequate at any time, the applicant or the owner of the site shall be required to provide additional dense buffer screening in accordance with all applicable requirements of this chapter current at the time and to the satisfaction of the above-mentioned officials.

(4) Screen plantings and landscaping shall be broken at points of vehicular ingress and egress to assure a clear sight triangle at all street and driveway intersections.

D. Parking area landscaping.

(1) In all parking lots a minimum of 5% of the interior parking area shall be landscaped with plantings, and a minimum of one shade tree for every 10 parking spaces shall be installed. Plantings required within the parking lot are exclusive of other planting requirements, such as for street trees and/or buffer plantings.

(2) All landscaping should be located in protected areas such as along walkways, in center islands, at the end of bays and in diamonds between parking stalls. All landscaping in parking areas shall be placed so that it will not obstruct sight distances.

(3) Plant type. A mixture of hardy flowering and/or decorative evergreen and deciduous trees may be planted. The area between trees shall be planted with shrubs or ground cover or covered with suitable mulch.

(4) No paving may be placed within 12 1/2 feet (measured from the center of the trunk) of any tree retained to comply with this section, and new trees shall be planted so that they are surrounded by at least 200 square feet of unpaved area.

E. Stormwater management basin landscaping.

(1) Stormwater management areas include retention and detention basins, drainage ditches and swales and wetland areas. Sensitively designed basins and swales can benefit the health, welfare and safety of Egg Harbor Township residents. This may involve integration of these areas as aesthetic landscape features, naturalized wetland areas or active and passive recreation areas, in addition to their stormwater management function.

(2) The Township encourages, where possible, that stormwater management basins be designed to imitate naturalistic land forms with irregular perimeters that subtly blend into the surrounding topography. Where enclosures are required, fence alignments shall follow, as closely as possible, the configuration of the basin. Rectilinear fence alignments are to be avoided.

(3) One of the following landscaped concepts for stormwater detention areas or an alternative concept complying with the standards set forth herein or as approved by the Township Planner shall be used:

(a) Reforestation. This landscape treatment is appropriate for detention basins and drainage areas that are not highly visible or are adjacent to areas of mature woodlands, greenbelts or wetlands. It reverts the disturbed area to a revegetated, stable, low-maintenance, natural landscape asset over time.

[1] The area shall be graded creatively to blend into the surrounding landscape and imitate a natural depression with an irregular edge. This shall include gentle berming. Linear, geometric basins are unacceptable.

[2] The quantity of trees to be planted on the interior of the basins shall be equal to the number of trees that would be necessary to cover the entire area, based upon a twenty-foot-by-twenty-foot grid to the high-water line or outflow elevation. Of this number, 10% shall be 2 1/2 inches to three inches caliper, 20% shall be one inch to two inches caliper, and 70% shall be whips six feet to eight feet in height.

[3] The trees shall be planted in groves and spaced five feet to 15 feet on center.

[4] The ground plane shall be seeded with a naturalization, wildflower and/or meadow grass mix. The specific blend shall be approved by the Township Planner.

[5] All woody and herbaceous plants shall be species indigenous to the area and/or tolerant of typical wet/dry floodplain conditions.

[6] Planting shall not be located within 20 feet of low-flow channels to allow for maintenance.

[7] The perimeter area (slopes above the high-water line) shall include shade trees (approximately 80 per 1,000 linear feet), evergreen trees (approximately 40 per 1,000 linear feet), ornamental trees and shrubs screening drainage structures and creating visual interests.

[8] Provisions for emergency access as well as general maintenance of the basins shall be reviewed by the Township Engineer. Plantings shall be designed to disguise yet not hinder vehicular access.

(b) Recreation/open space feature.

[1] This landscape concept is appropriate in situations where a basin is the largest or only portion of open space in an area or is adjacent to existing open space and recreational open space is desired. It is also appropriate for smaller, highly visible basins where a visually pleasing open area is desired.

[2] The objective in these situations is to integrate the area into the landscape using topography and plantings in order to complement the function of the area and to provide a visually interesting landscape feature and/or recreation space.

[a] The area shall be graded creatively to blend into the surrounding landscape and imitate a natural depression with an irregular edge. This shall include gentle berming.

[b] Provide perimeter plantings, including shade trees, formally or informally, evergreen trees to create and screen views and small trees and shrubs to provide a continuous landscape strip screening drainage structures and creating visual interest.

[c] Integrate buffer plantings with perimeter plantings where applicable.

[d] The following are guidelines for plant quantities:

	Plant Type	Number of Plants (per 1,000 linear feet)
	Shade trees	80
	Evergreen trees	40
	Ornamental trees	10
	Shrubs	50

[e] To provide recreational open space, concentrate frequently flooded detention in a basin area (five- to ten-year storm volume) and provide a gently sloping, less often flooded, area (ten- to one-hundred-year storm volume) as a recreational open field space. Provide ballfields and/or open play areas integrated with plantings in a parklike manner.

(4) Where fences are required, the following standards shall apply:

(a) The perimeter of the basin shall be planted in a naturalistic manner with a combination of evergreen trees, shade trees and shrub massings. The minimum width of the basin perimeter landscaping shall be 10 feet. A minimum of 50% of all plantings are to be evergreen.

[Amended 7-13-2005 by Ord. No. 39-2005]

(b) Perimeter basin landscape plantings shall meet the following minimum sizes:

[Amended 10-11-2006 by Ord. No. 49-2006]

	Plant Type	Size
	Shade trees	3 inches caliper
	Ornamental trees	10 feet high
	Evergreen trees	8 feet high
	Evergreen and deciduous shrubs	3 feet high or greater

(c) Plantings shall be arranged to allow for maintenance access to all basin facilities.

(d) All required basin perimeter plantings are to be located outside of the required fence enclosure.

(e) The following are guidelines for plant quantities:

[Added 7-13-2005 by Ord. No. 39-2005]

	Plant Type	Number of Plants (per 1,000 linear feet)
	Shade trees	80
	Evergreen trees	40
	Ornamental trees	10
	Shrubs	50

(5) Basins located in front yard areas are subject to all previously stated landscaping standards for stormwater management facilities, with the following additions:

(a) Maximum basin depth will be 24 inches.

(b) Geometrically shaped basins are unacceptable.

(c) Minimum width of plant massings shall be 10 feet.

(d) Ornamental trees should be planted along the basin perimeter for visual interest.

(e) Landscape plantings are to be encouraged along the slopes and bottom of detention basins and on the side slopes of retention basins above the high-water line. These plantings shall consist of herbaceous plants which are indigenous to the area and/or tolerant of typical wet/dry floodplain conditions.

(f) Plantings shall not be located within 10 feet of low-flow channels and drainage structures to allow for maintenance.

F. Shade trees. Shade trees shall be provided along all new streets in the Township in accordance with § 94-37 of this chapter.

G. Within the Pinelands Area of the Township, all landscaping shall conform to § 225-50.9 of Chapter 225.

[Amended 7-14-1993 by Ord. No. 30-1993]

H. Plant type classifications. The following are acceptable vegetation for each of the above-referenced plant types. Additional species may be used upon approval from the Township Planner.

[Added 10-11-2006 by Ord. No. 49-2006]

(1) Shade trees:

(a) Red maple.

(b) Pin oak.

(c) White oak.

(d) Scarlet oak.

(e) Chestnut oak.

(2) Ornamental trees:

(a) Flowering dogwood.

(b) Black cherry.

(3) Evergreen trees:

(a) Eastern white pine.

(b) Eastern white cedar.

(c) Shortleaf pine.

(4) Shrubs:

(a) Inkberry.

(b) Red chokeberry.

§ 94-23 Lighting.

A. All public streets, sidewalks and other common areas or facilities in subdivisions created after the effective date of this chapter shall be sufficiently illuminated for the safety of persons using such areas. Streetlighting of a type supplied by the utility and of a type and number approved by the Township shall be provided at all street intersections and along all arterial, collector and local streets as deemed necessary by the approving authority for the protection of public health, safety and welfare.

[Amended 6-8-1994 by Ord. No. 25-1994]

B. All roads, driveways, sidewalks, parking lots and other common areas and facilities in unsubdivided developments shall be sufficiently illuminated to ensure the safety of persons using such roads, driveways, sidewalks, parking lots and other common areas and facilities.

C. All entrances and exits in substantial buildings used for nonresidential purposes and in two-family or multifamily residential developments containing more than four dwelling units shall be adequately lighted to ensure personal safety.

D. All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, multiple-family or other uses having common off-street parking and/or loading areas shall have lighting fixtures spaced a distance not to exceed five times the mounting height.

[Amended 6-8-1994 by Ord. No. 25-1994]

E. The maximum height of standards shall not exceed the maximum building height permitted or 25 feet, whichever is less.

F. The height of shielding of lighting standards shall provide proper lighting without hazard to drivers or nuisance to residents, and the design of lighting standards shall be of a type appropriate to the development and the Township.

G. Spotlights, if used, shall be placed on standards pointing toward the buildings and positioned so as not to blind the residents, rather than on the buildings and directed outward, which creates dark shadows adjacent to the buildings.

H. All exterior lighting shall be designed to provide a minimum lighting intensity of 0.5 lumens per square foot. Lighting shall be of a soft or glare-free type and shall not cast an illumination color which shall be distractive, obliterate or obscure the view, be ultraviolet, strobe, pulsating, flashing or of any unnatural kind or create a public nuisance, discomfort or hazard. The maximum illumination at the property line shall not exceed 0.1 footcandle except at points of ingress and egress.

[Amended 7-13-2005 by Ord. No. 39-2005]

I. All exterior lighting fixtures shall be designed, manufactured, installed and aimed in such a manner as to shield glare from reflecting onto adjacent streets, properties, residences or public areas.

J. All lighting fixtures shall conform to all applicable requirements of the BOCA Basic Energy Conservation Code and the Lighting Power Budget Determination Procedure, EMS-1, of the Illuminating Engineer's Society and revisions thereof.

K. All site plans or other development plans proposing the use of exterior lighting, either freestanding or building-mounted, shall include complete data regarding the proposed exterior illumination, including the proposed direction and location of illumination; intensity of illumination, as expressed either in horizontal footcandles or lumens per square foot; the hours of illumination; detail drawings and specifications of lighting fixtures, including but not limited to type of lighting, fixture details, mounting details, mounting height and lighting isobar patterns; illumination areas as shown on the site plan; and provisions to shield glare from reflecting onto adjacent thoroughfares and properties. In addition, any additional specific and special detailed data deemed appropriate for the particular lighting application as required by the Township Planner, Township Engineer, Construction Code Official, Zoning Officer, Planning Board, Environmental Commission, Electrical Subcode Official, Police Department, Zoning Board of Adjustment or other agency shall be included.

§ 94-24 Lots.

A. Building lot abutting street. No permit for the erection of any building or structure shall be issued unless the lot abuts a street giving access to such proposed building or structure. Such street shall have been duly placed on the Official Map or shall be an existing state, county or Township street or highway or a street shown upon a plat approved by the Township or a street on a plat duly filed in the office of the County Clerk prior to the passage of an ordinance under this chapter or any prior law which required prior approval of plats by the governing body or other authorized body. Before any such permit shall be issued, such street shall have been certified to be suitably improved to the satisfaction of the Township Committee, or such suitable improvement shall have been assured by means of a performance guaranty, in accordance with standards and specifications for road improvements approved by the Township Committee, as adequate in respect to the public health, safety and general welfare of the special circumstance of the particular street.

B. Relaxation of abutment requirement. Where the enforcement of Subsection A above would entail practical difficulty or unnecessary hardship or where the circumstances of the case do not require the building or structure to be related to a street, the Zoning Board of Adjustment or Planning Board may, upon application or appeal, vary the application of Subsection A and direct the issuance of a permit subject to conditions that will provide adequate access for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on any official map or in the general circulation plan element of the Township Master Plan [N.J.S.A. 40:55D-28b(4)].

(1) Lot dimensions and areas shall not be less than the requirements of the zoning provisions.[1]

[1] Editor's Note: See Ch. 225, Zoning.

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

C. Any new through lot with frontage on two streets will be permitted only under the following conditions:

(1) Where the length of the lot between both streets is such that future division of the lot into two lots is improbable.

(2) 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.

D. Where extra width has either been dedicated or anticipated for widening of existing streets, zoning considerations shall begin at such new street line, and all setbacks shall be measured from such new line.

E. 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, where one or more of said lots does not conform to 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 prevail.

F. Whenever land has been dedicated or conveyed to the Township by the owner of a lot in order to meet the minimum street width requirements or to implement the Master Plan and which lot existed at the effective date of this chapter, the Construction Code Official 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.

G. Any portion of a lot dedicated for future road widening and other improvements shall not be included when calculating lot area.

[Amended 7-14-1993 by Ord. No. 30-1993; 6-8-1994 by Ord. No. 25-1994; 9-13-1995 by Ord. No. 19-1995]

H. Whenever a single lot two acres or less in size is located within two or more different zoning districts, the district regulations applicable to the district within which the larger portion of the lot lies shall apply to the entire lot.

I. Whenever a single lot greater than two acres in size is located within two or more different zoning districts, each portion of that lot shall be subject to all the regulations applicable to the district in which it is located.

J. Double frontage. Double frontage and reverse frontage lots shall be avoided except where essential to provide separation of residential development from traffic arteries as to overcome specific disadvantages of topography and orientation. A landscaped easement at least 25 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.

K. 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 approving authority may withhold approval of such lot or lots.

L. 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 utility easements.

M. Frontage. No single-family residential dwelling unit shall be permitted to front on secondary traffic or arterial streets or on a controlled-access highway except where no acceptable alternate access is available.

N. Lots backing on railroads. Lots backing on railroad rights-of-way shall have additional depth equal to no less than 25% of the depth of the majority of lots in the proposed subdivision. A protective fence and landscaped buffer shall be erected by the subdivider, the type and location of which shall be subject to the approval of the Township Planner.

O. Where issue exists as to the suitability of a lot or lots for their intended use due to factors such as flood conditions, septic suitability or similar circumstances, the Planning Board may withhold approval of such lots or require the applicant to document utility of the land for development purposes. A development application for land generally described hereafter shall comply with regulations set forth hereinafter and applicable state law.

(1) For purposes of this subsection, "low," "wet" or "swampy" areas are defined as those areas classified as wetlands, having seasonal high-water tables within two feet of the ground level, shown on the National Wetlands Inventory Maps as wetlands, classified as floodplains or having elevations less than 10 feet mean sea level.

(2) Prior to preliminary development decision, the applicant shall provide the following additional information to the Planning Board:

(a) Official boundary designations of all wetlands, swamps, marshes, floodplains, flood hazard areas, etc., and a letter of interpretation from the New Jersey Department of Environmental Protection and Energy (NJDEPE).

(b) Soil classifications with expected seasonal high-water levels as provided by the Atlantic County Soil Survey. All lands, for the purposes of this chapter, which possess seasonal high-water tables at or within two feet of the surface shall be considered wetlands.

(c) Soil borings and percolation tests taken at the rate of one per five acres.

(d) Proposed fill materials and fill depths accompanied by surface water grading plans. If deemed appropriate, a subsurface drainage system may also be required at the discretion of the Planning Board.

P. Permeability tests. It shall be unlawful to subdivide any parcel of land for purposes of constructing dwelling units on any part thereof resulting from said subdivision unless the parcel is serviced by public water and sewerage or conforms to the minimum lot area requirements contained herein. All lots created which contain existing dwelling units serviced by on-site septic systems are also subject to these requirements.

(1) The minimum lot area and lot frontage shall be as required in the Schedule of Minimum Area, Yard and Building Requirements.[2] All zoning districts within the Township shall be subject to these additional requirements with the exception of those districts in the Pinelands Regional Growth Area.

[2] Editor's Note: See Ch. 225, Zoning.

(2) Lot area increase requirements.

(a) Lot area requirements necessary for subdivision approval shall increase in addition to the minimum requirement in the Schedule of Minimum Area, Yard and Building Requirements according to the following calculation:

	Lot Area Increment (square feet) = Lot Area Factor x 43,560 square feet
	Where:
	Lot Area Factor = (2 - Permeability Rate) + 72 inches — DSHT*
	2                                  24
	* NOTE: Depth to seasonal high water (inches)

(b) Lot area increments shall be based solely upon calculations involving positive numerical values. Any negative values derived during calculations shall be disregarded.

(3) A permeability rate greater than 20 inches per hour or less than 0.2 inch per hour is not acceptable. Additionally, a depth to seasonal high-water table of three feet or less shall require a minimum lot size of 150,000 square feet regardless of the permeability rate.

(4) The permeability rating shall be based on analysis of a soil sample taken from the most restrictive soil horizon.

(5) The Township Engineer's office shall be notified at least 24 hours in advance of any soil boring/permeability test required by this section and shall witness said boring. The applicant shall submit the fees required for all such witnessing by the Township Engineer.

(6) All state standards, specifically NJDEPE Standards for the Construction of Individual Subsurface Sewage Disposal Systems, July 1, 1978, as amended, shall apply.

§ 94-25 Manufacturing/processing performance standards.

No building or structure may be so situated so as to deprive adjacent properties of their rights to adequate light, air and open space. Further, all developments and uses shall conform to the following regulations:

A. All public streets, sidewalks and other common areas or facilities in subdivisions created after the effective date of this chapter shall be sufficiently illuminated for the safety of persons using such areas.

B. All roads, driveways, sidewalks, parking lots and other common areas and facilities in unsubdivided developments shall be sufficiently illuminated to ensure the safety of persons using such roads, driveways, sidewalks, parking lots and other common areas and facilities.

C. All entrances and exits in substantial buildings used for nonresidential purposes and in two-family or multifamily residential developments containing more than four dwelling units shall be adequately lighted to ensure personal safety.

D. Spacing of standards shall be equal to approximately four times the height of the standard.

E. The maximum height of standards shall not exceed the maximum building height permitted or 25 feet, whichever is less.

F. The height of shielding of lighting standards shall provide proper lighting without hazard to drivers or nuisance to residents, and the design of lighting standards shall be of a type appropriate to the development and the Township.

G. Spotlights, if used, shall be placed on standards pointing toward the buildings and positioned so as not to blind the residents, rather than on the buildings and directed outward, which creates dark shadows adjacent to the buildings.

H. 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.

I. Glare. No use shall direct or reflect a steady or flashing light beyond the lot lines on which it is located. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered and directed as approved on the site plan so that any glare, direct light, flashes or reflection will not interfere with the normal use of nearby properties, dwelling units and streets.

J. Heat. Sources of heat, including but not limited to steam, gases, vapors, products of combustion or chemical reaction, shall not discharge onto or directly contact structures, plant life or animal life on neighboring uses or impair the function or operation of a neighboring use. No use, occupation, activity, operation or device shall cause an increase in ambient temperature, as measured on the boundary between neighboring uses.

K. Radioactivity. No use, activity, operation or device concerned with the utilization or storage of radioactive materials shall be established, modified, constructed or used without having first obtained valid permits and certificates from the Office of Radiation Protection, NJDEPE. Proof of compliance with this requirement shall be the submission of duplicate copies of said permits and certificates.

L. Vibrations.

(1) Standard. Ground-transmitted vibrations shall be measured with a seismograph or complement of instruments capable of recording vibration displacement and frequency in the three mutually perpendicular directions, simultaneously.

(2) Vibration level restrictions. Vibration levels shall not exceed a particle velocity of 0.05 inch per second in any district. During the hours of 9:00 p.m. to 7:00 a.m. in residential districts, vibration levels shall not exceed a particle velocity of 0.02 inch per second. Measurements shall be made at the points of maximum vibration intensity and on or beyond adjacent lot lines or neighboring uses, whichever is more restrictive.

M. Airborne emissions.

(1) In all districts, no use, activity, operation or device shall be established, modified, constructed or used without having obtained valid permits and certificates from the Bureau of Air Pollution Control, NJDEPE. Specifically, no use, activity, operation or device shall be established, modified or constructed without a valid permit to construct. No use, activity, operation or device shall be operated, occupied or used without a valid certificate to operate control apparatus or equipment. Proof of compliance with this requirement shall be the submission of duplicate copies of the permit to construct and certificate to operate.

(2) In addition to the requirements of NJDEPE, the following shall also apply:

(a) Steam emissions. No visible emissions of steam, having an equivalent capacity greater than 60%, and excepting direct results of combustion shall be permitted within 500 feet of a residential district.

(b) Toxic matter. Emissions of chemicals, gases, components or elements, listed as being toxic matter by the American Conference of Governmental Hygienist, New Jersey Department of Labor and Industry or the EPA, shall not exceed the threshold level, as determined in accordance with A.S.T.M.D. 1391. The emission of concentrations, levels or mass loadings in excess of the threshold value shall be permitted only if the emissions of said toxic matter comply with the applicable regulations of the NJDEPE, New Jersey Department of Labor and Industry and the EPA. Proof of compliance shall require the submission of duplicate copies of certifications or permits from NJDEPE and New Jersey Department of Labor and Industry approving the concentrations, level or loading proposed by the applicant.

(c) Odorous matter. No odor shall be emitted that is detectable by the human olfactory sense at or beyond an adjacent lot line.

N. Noise emissions.

(1) Standard. Noise shall be measured with a sound level meter complying with the standards of the American National Standards Institute, American Standards Specifications for General Purpose Sound Level Meters (ANSI S1.4-1961 or its latest revisions). The instrument shall be set to the A-weighted response scale and the metering to the slow response. Measurement shall be conducted in accordance with the American Standard Method for the Physical Measurement of Sound (ANSI S1.2-1961 or its latest revision).

(2) Noise level restrictions. Noises shall not exceed the maximum sound levels specified in the table, except as designated below:

	Noise Level Restrictions
	Performance Category	Maximum Level Permitted (dBA)	Where Measured
	Residential districts	55	On or beyond the neighboring use or lot line
	Agricultural districts	60	On or beyond the neighboring use
	All other districts	65	On or beyond the district boundary

(3) Exclusion and permitted variations.

(a) The levels specified in the table may be exceeded once by 10 dBA in a single period of 15 minutes, during one day.

(b) Peak values of short duration also known as "impact noises" may exceed the values specified in the table by 20 dBA or have a maximum noise level of 80 dBA, whichever is more restrictive.

(c) Noises such as alarms, sirens, emergency warning devices, motor vehicles and other sources not under the direct control of a use are excluded from the above limitations when they do not operate more than one minute in any one-hour period.

(d) The noise restrictions of this section should not apply to permitted agricultural activities.

O. Storage and waste disposal.

(1) In all districts permitting such an operation, use or any activity involving the manufacture, utilization or storage of flammable, combustible and/or explosive materials, such storage shall be conducted in accordance with the regulations promulgated by the Department of Labor and Industry of New Jersey or the Fire Code of the National Fire Protection Association, whichever is more restrictive.

(2) All flammable, explosive and/or combustible material shall be stored in accordance with the National Fire Protection Association or the New Jersey Department of Labor and Industry Codes, whichever is more restrictive.

(3) All outdoor storage facilities for fuel, raw materials and products, where permitted, shall be enclosed by an approved safety fence and visual screen and shall conform to the requirements imposed upon the principal buildings in the district.

(4) No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces into a stream or watercourse thereby rendering such stream or watercourse unfit as a source of water supply or recreation or destroying aquatic life.

(5) All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers that are adequate to eliminate such hazards.

(6) All storage facilities for deicing chemicals shall be lined to prevent leaking into the soil and shall be covered with an impermeable surface which shields the facility from precipitation.

(7) No material or waste shall be deposited in any water body which may render such water body unfit as a source of water supply or recreation or destroy aquatic life. The discharge of boat wastes, whether organic or inorganic, is strictly prohibited in waters adjacent to or under Township jurisdiction.

§ 94-26 Monuments.

Monuments shall be the size and shape required by N.J.S.A. 46:23-9.11 of the Map Filing Law, as amended, and shall be placed in accordance with said statute and indicated on the final plan.

§ 94-27 (Reserved) [1]

[1] Editor's Note: Former § 94-27, Off-street parking; loading and unloading, was repealed 2-24-1993 by Ord. No. 6-1993 and 7-14-1993 by Ord. No. 30-1993.

§ 94-28 Open and recreation space.

A. These general requirements apply only to planned unit developments located throughout the Township and developments within the Pinelands area of the Township.

[Amended 7-14-2004 by Ord. No. 41-2004; 11-10-2004 by Ord. No. 60-2004; 9-9-2009 by Ord. No. 38-2009]

(1) Prior to preliminary approval, the applicant shall submit, for approval by the Township Planner, manufacturer's descriptive data and supporting information for all park and recreation equipment and playground apparatus.

(2) In the designation of common open space areas, consideration shall be given to providing for continuity of open space between sections of a development and between open space within a development and open space on adjacent lands. Open space shall be distributed throughout the development so that there is a hierarchy of activities from preservation areas to passive open space adjacent to and between each residential cluster. Designating all open space in one portion of a development is discouraged.

(3) Usable recreation space should be provided for active recreation within 1/4 mile of all units. Part of this recreation component may consist of a lake or pond having a constant water level, but excluding therefrom detention and retention basins. Any larger preservation spaces shall be contiguous to and directly related to dwelling structures. Usable recreation space may be improved with facilities for swimming pools, tot-lots, playgrounds and quiet outdoor sports such as, but not limited to, tennis, paddle tennis, golf, baseball, basketball, soccer, lacrosse and the like and accessory buildings such as clubhouses and pavilions. The approving authority shall have complete and final determination as to the adequacy, usefulness and functionability of lands set aside for open spaces.

(4) Recreational facilities should be operated for the benefit of the residents of the development. They should not be commercial enterprises open to anyone who pays a fee.

(5) Common open space for recreational purposes shall be provided in all major subdivisions and residential site plans in an amount as required by Chapter 225, Zoning, and by this section, where applicable. The developer shall improve this area for active and passive recreation as specified herein. Plans for the improvement of this recreation area shall be an integral component of any preliminary plat and final construction drawings for any major subdivision or residential site plan.

(6) The developer shall have the option to except in planned unit developments, to post an assessment in an amount calculated pursuant to Subsection H if he or she determines that the on-site construction of active recreation facilities and/or provisions of open space for passive recreation would result in a loss of potential dwelling units on the subject parcel.

(7) The common open space shall be easily accessible from all parts of the development and shall include, at a minimum, all floodplain and wetland areas; provided, however, that in no case shall areas of floodplain or wetland be counted for more than 75% of the required open space.

(8) Notwithstanding the minimum area requirements for open space and recreation in Chapter 225, Zoning, the following minimum requirements shall be met by all major residential developments within the Township. Such open space areas shall be developed with appropriate recreational facilities sufficient to meet the needs of the residents of the proposed development. These areas shall provide recreational opportunities based on the following formula: eight acres for each 1,000 persons or fraction thereof as developed recreation, plus 5% of the gross site area for undeveloped (passive) recreation.

(9) Where feasible, the common open space shall connect to existing Township park, recreation or conservation lands or connect into an adjacent development's common open space. Public pedestrian and/or bicycle paths shall be included in the open space whenever feasible and shall be designed to connect into a larger-scale Township system if applicable or feasible.

(10) There should be a close visual and physical relationship between open space and as many dwelling units as is reasonably possible. Open space areas should weave between dwelling units generally respecting a minimum width of 50 feet and periodically widening out into significant and usable recreation areas.

B. Distribution requirements applicable to planned residential developments. The common open space requirements as required for certain planned residential developments permitted by Chapter 225, Zoning, shall be distributed generally as outlined below:

		Minimum Distribution Percentages of Open Space (expressed as percent of gross tract area)
	Recreation Feature	When at least 50% open space required	When less than 50% open space required
	In usable recreation facilities as set forth in this section	15%	10%
	In natural features, significant wooded areas, vegetation and in other usable open space which shall be defined as lands other than in channels, floodways or water bodies whether used for recreation, retention or detention purposes	15%	N/A
	In lands excluded in the above entry	10%	N/A

C. Open space/recreation design guidelines.

(1) An effective open space system should tie together a number of diverse recreational activity areas with adequate pedestrian pathways and auto/bicycle access for the residents it is intended to serve. As many homes as possible should have direct access to the open space of a development. Developed open space generally should not be isolated in one corner of a project.

(2) Active recreation should be visibly close but shall not interfere with the privacy of adjacent residents. It should be designed to accommodate the recreation needs of the project's intended age groups.

D. Recreational facilities. In all residential developments which require recreation facilities, the developer shall install, as a minimum, the following recreational facilities on the land which has been set aside for recreational purposes. The Planning Board may, at its discretion, alter the schedule of active recreation facilities required, or require equivalent facilities.

[Amended 6-8-1994 by Ord. No. 25-1994; 7-14-2004 by Ord. No. 41-2004]

Dwelling Units	Lots1	Tot Courts1	Tennis Courts2	Basketball Grounds2	Play Fields3	Multi- purpose	Play Grounds	Neighbor- hood Park
1 - 9	--	--	--	--	--	--	--	--
10 - 50	--	1	--	--	--	--	--	--
51 - 150	--	1	1	1	--	--	--	--
151 - 200	--	2	2	1	--	--	--	--
201 - 250	--	2	2	1	1	1	--	--
251 - 350	--	2	3	1	1	1	--	--
351 - 450	--	2	4	1	1	1	1	--
850 Plus	--	4	8	4	2	2	2	1

NOTES:

¹Plus one for every 100 additional units.

²Plus one for every 300 additional units.

³Plus one for every 400 additional units.

(1) Tot-lots. Tot-lots shall be a minimum of 5,000 square feet excluding areas required for fencing, buffering or walkways and shall contain, as a minimum, the following improvements:

(a) Four-foot-high chain link fence with gate or other buffering or screening bordering residential properties and roadways.

(b) Two benches, each to be eight feet long and constructed of aluminum.

(c) Two table and bench sets.

(d) Ground cover shall be in accordance with the requirements of the New Jersey Uniform Construction Code, Playground Safety Subcode.

(e) One swing set with four swings, two of which shall be tot swings, one tot chair and one slashproof belt seat 2 3/8 inches outside diameter; legs and top rails with 2 7/8 inches outside diameter fittings, eight feet in height.

(f) One single-platform whirl seven feet eight inches in diameter.

(g) Two saddle mates with metal "c" springs.

(h) One climber, two feet by 12 feet, with a height of approximately four feet seven inches.

(i) One sandbox, 15 feet by 15 feet.

(j) One slide, two feet by 14 feet, with a height of approximately six feet, and must have wraparound top rails with nonskid steps.

(k) One trash receptacle with retractable bottom, ten-gallon capacity, green in color.

(2) Playgrounds. Playgrounds shall be not less than three acres in size, excluding areas required for fencing, buffering or walkways, and shall contain, as a minimum, the following improvements:

(a) Not fewer than one tot-lot as defined above.

(b) Not fewer than one play lot which shall contain, as a minimum, the following improvements:

[1] One heavy-duty swing set with legs and top rail not less than 2 3/8 inches outside diameter and with two-and-seven-eighths-inch fittings. The swing set is to be at least 10 feet in height with not fewer than four slash-proof belt-type seats.

[2] One bicycle rack not less than 10 feet in length, of aluminum construction or such other materials as may be approved by the Township Planner.

(c) Playing fields and courts.

[1] Not less than 2.25 acres of seeded or sodded open space (not otherwise utilized as a tot-lot and/or playground) which shall, as a minimum, contain one of the following:

[a] Two basketball and two tennis courts.

[b] One baseball and one softball field.

[c] One football and one soccer field.

[2] Football and soccer fields may share all or portions of the same open area.

[3] Baseball and softball fields may share portions of the same open area.

[4] Where playing fields as noted above share all or portions of the same area, the layout of such fields shall be subject to the approval of the Township Planner.

(3) Tennis courts. Tennis courts shall be of regulation sealer and in all cases shall be constructed in pairs (two courts) and shall be constructed as follows:

(a) The courts shall be four inches of bituminous stabbed base on a properly prepared subgrade as set forth by the Township Engineer, on 1.5 inches of FABC leveling course, and a one-and-one-half-inch SP-1 vinyl latex top course and shall be color-coated with light green for the in-play and brick red for the out-of-play. The sealer shall be California Products Corporation or equal as approved by the Township Planner.

(b) There shall be one set of ground sockets set in concrete on each court.

(c) There shall be one set of tennis posts 3 1/2 inches outside diameter with heavy-duty nylon tennis nets on each court.

(d) There shall be one reel per court.

(e) Tennis courts shall be surrounded with a twelve-foot-high green vinyl chain link fence with entrance gate and buffered planting as designated by the Township Planner.

(f) There shall be nightlighting with timers at courts to be designated by the Township Planner.

(g) One bench eight feet in length and constructed of aluminum shall be installed at each court.

(4) Basketball courts. Basketball courts shall be a minimum size of 50 feet by 84 feet and shall contain, as a minimum, the following requirements:

(a) Two fan-shaped aluminum basketball backstops.

(b) Two four-and-one-half-inch outside diameter basketball posts with forty-eight-inch extension.

(c) Two double-ring and double-brace goals with metal nets.

(d) Four inches of bituminous stabbed base course on a properly prepared subgrade as set forth by the Township Engineer, 1.5 inches of FABC leveling course, and a one-inch SP-1 vinyl latex top course.

(e) Nightlighting with timers at courts as designated by the Township Planner.

(5) Baseball or softball fields. The baseball/softball fields shall have a minimum slope of 2% and not to exceed 3%, with grading to be approved by the Township Engineer, and shall contain, as a minimum, the following requirements:

(a) Baseball/softball field combinations should conform to the recommended standards in design.

(b) There shall be one backstop with four panels: two ten-foot back panels and two side panels 10 feet high with complete overhang over the back and side panels.

(c) There shall be two side fences, four feet high and 20 feet long, with chain link fencing on both sides of the side panels.

(d) There shall be two fifteen-foot-long players' benches, constructed of aluminum.

(e) The infield should be covered with infield dirt as required by the Township Engineer.

(6) Football/soccer fields. Football/soccer fields should be a minimum of 1 3/4 acres and shall have a minimum of two-percent slope and not to exceed three-percent slope and shall be approved by the Township Engineer. All fields should be designed so as to face north to south and should contain, as a minimum, the following requirements:

(a) Football/soccer field combinations should conform to the recommended standards in design.

(b) There shall be two combination football/soccer posts.

(c) There shall be two heavy-duty nylon soccer nets.

(d) There shall be two aluminum benches, each 15 feet in length.

(7) Multipurpose fields. Multipurpose fields shall be a minimum size of 250 feet by 420 feet, exclusive of area required for fencing, screening, buffering and parking facilities or other ancillary facilities, and shall contain, as a minimum, the following improvements:

(a) Completely grassed field.

(b) Baseball/softball backstop in one corner of the site.

(c) Football/soccer field goal posts made of pipe at each end of the field.

(d) A minimum of two-percent and maximum of three-percent slope.

(e) Nightlighting with timers at fields to be designated by the Township Planner.

(8) Pedestrian, bicycle and fitness trails.

(a) Pedestrian and bicycle trails when constructed as one trail shall be a minimum of six feet wide. Fitness trails are to be a minimum of three feet wide. Trails should be constructed free of branches or other obstructions, are to have a minimum slope of 2% and should follow the contour of the area where possible. Trails should be constructed of two-inch FABC-1 surface course over six inches of quarry blend. Paths should generally follow ground contours, streams, lakes, ponds or other natural features and shall have a destination. When crossing roadways in a development, appropriate depressed curbing, signs and crosswalk striping shall be provided.

(b) Walkways and bicycle paths shall have information signs. If trails are designed to be specifically used for bicycles, then a sign marked with the international bicycling symbol shall be used. The path system shall meet the following requirements:

[1] Fitness trails shall be a twenty-piece unit with information signs explaining use of each apparatus (wooden units).

[2] Pedestrian walkways shall have one aluminum park bench, six feet in length, for every 1/2 mile.

[3] Information signs shall be placed at various points of interest along the trail.

(9) Neighborhood parks. A neighborhood park shall be a minimum of seven acres. Included in the minimum acreage is fencing, screening, buffering and landscaping bordering residential properties or any roadway and shall contain, as a minimum, the following requirements:

(a) Tot-lot: one fully enclosed with four-foot-high chain link fence, one entrance gate.

(b) Playground: one.

(c) Multipurpose paved courts: two basketball and two tennis courts.

(d) Multipurpose field: one baseball/softball and one combination football/soccer field.

(e) Picnic area: a minimum of 1/2 acre and shall have, as a minimum, five aluminum picnic tables and three grills.

(f) Parking area: a minimum of one car per 300 persons of population served with not fewer than 10 parking spaces, with two parking spaces for the disabled.

(10) Barrier-free site designs for the disabled. All tot-lots, playgrounds, tennis/basketball courts, parks and any other recreation areas shall be barrier-free so as to allow accessibility for the disabled. Such areas are to be fully accessible, both in the active areas as well as in the passive areas, and shall contain, as a minimum, the following requirements:

(a) There shall be two parking spaces for the handicapped with international disabled person symbol.

(b) Walkways shall be a minimum of six feet wide for easy mobility.

(c) There shall be access ramps where steps are otherwise required on entrance to any recreational site. Ramps shall be four feet wide with two continuous handrails 32 inches high.

(d) Gates on all chain link fences shall have a clear opening of 34 inches.

(e) On all walkways which cross roads or sidewalks, a depressed curb shall be provided for accessibility by the handicapped.

(11) Community buildings. In planned developments of over 150 dwelling units, consideration shall be given toward a recreation center/community multipurpose building. Such facilities should be within walking or easy biking distance of the majority of the residents it is intended to serve.

(12) Other amenities. Consider jogging trails and exercise areas in an adult-oriented project. Provide benches and sitting areas along pathways where appropriate and particularly where they can incorporate or provide views of a significant landscape feature, recreational facility or interesting site design of the project. Consider an area reserved for small garden plots in larger developments.

E. The Board may require a developer to make certain site preparation improvements to the open spaces and may require that the site preparation improvements are made a part of the plan and are noted therein. These improvements may include the following:

(1) Removal of dead or diseased trees.

(2) Thinning of trees or other growth to encourage more desirable growth.

(3) Grading and seeding.

(4) Improvements or protection of the natural drainage system by the use of protective structures, stabilization measures and similar devices.

F. Development of open space and recreational facilities shall proceed at the same rate as development of the dwelling units. To assure compliance with this section, the Planning Board shall require the approval of an open space and recreational amenity phasing map which shall become part of an overall phasing plan and approval for any subdivision, planned and/or clustered development.

G. The requirements of this section relating to the construction of active and passive recreation facilities and the total percentage of open space required within a development may be modified and/or waived by the Planning Board's determination that both the area local to the development and Egg Harbor Township's park and recreation needs would be better served by an agreed cash bequest to the designated parks and recreation budget, which sums shall be added to the current year municipal budget when received as a dedication by rider, in accordance with the provisions of N.J.S.A. 40A:4-39.

H. Contributions in-lieu of facilities.

(1) The amount of the contribution required pursuant hereto shall be determined by the Township based upon the cost to the Township to provide active recreational facilities and the value of the land for the passive recreation area. This would apply to all residential development with the exception of a remainder lot from a subdivision that contains an existing single-family dwelling that would remain. An evaluation of the costs will annually be reviewed by the Township in order to determine if the per lot contribution needs to be adjusted. The cost per lot is established at $6,300.

[Amended 7-14-2004 by Ord. No. 41-2004; 12-14-2005 by Ord. No. 65-2005; 2-28-2007 by Ord. No. 6-2007; 12-17-2014 by Ord. No 29-2014; 2-20-2019 by Ord. No. 2-2019]

(2) Payment of the contribution required pursuant hereto shall be made prior to the signing of the final plans by the Planning Board Chairman, Planning Board Secretary and Township Engineer and shall be equal to the per-lot amount times the number of building lots shown on the final plans to be signed and filed and shall be made payable to the designated parks and recreation fund. For good cause shown, the Planning Board may enter into an agreement to provide that the payment or payments shall be made at some later time, subject to the posting of adequate performance guaranties in an amount of 120% of the agreed contribution, subject, however, that the delayed period of time shall in no event be later than the issuance of the first certificate of occupancy.

(3) The cash bequest shall be used exclusively for park and recreation purposes and shall be placed in the current budget line item designated "parks and playgrounds, other expenses." Egg Harbor Township reserves the right to use said funds for proper purposes anywhere within the Township of Egg Harbor.

I. All development within the Pinelands Area of the Township shall conform to the recreation requirements contained in Section 7:50-6.141 to 7:50-6.144 of the CMP.

§ 94-29 Ownership and maintenance of recreational areas and open space.

A. Except as provided in § 94-30, recreation facilities and usable open space required to be provided by the developer in accordance with this article shall not be dedicated to the public but shall remain under the ownership and control of the developer (or his successor) or a homeowners' association or similar organization that satisfies the criteria established in § 94-31.

B. The person or entity identified in Subsection A as having the right of ownership and control over such recreational facilities and open space shall be responsible for the continuing upkeep and proper maintenance of the same.

C. If common open space is not accepted and dedicated to public ownership, responsibility for maintaining common open space shall lie with the development's homeowners' association or other similar entity. No planned and/or cluster development shall receive preliminary approval unless the applicant presents an adequate plan for the organization and administration of such an association. Such plan shall ensure that the homeowners' association or other entity responsible for the maintenance of common open space shall provide adequate funding for the maintenance, repair and replacement of such open space and its structures by a system of fees assessed against residents of the development. The financial soundness of such a homeowners' association or other entity shall include fee arrangements guaranteed by assessments levied on the land in the development through permanent deed restrictions or other suitable guaranties. The applicant will comply with all the standards of § 94-31 for the establishment of homeowners' associations. No planned and/or clustered development shall receive final approval by the Township until all elements of the homeowners' association have been satisfactorily reviewed and approved by the Planning Board and the Department of Community Affairs.

§ 94-30 Open space dedication.

A. If any portion of any lot proposed for residential development lies within an area designated on the officially adopted Recreation Master Plan as a neighborhood park or part of the greenway system or bikeway system, the area so designated (not exceeding 5% of the total lot area) shall be included as part of the area set aside to satisfy the requirement of this section. This area shall be dedicated for public use.

B. If more than 5% of a lot proposed for residential development lies within an area designated as provided in Subsection A, the Township may attempt to acquire the additional land in the following manner:

(1) The developer may be encouraged to resort to the procedures authorized in this section and to dedicate the common space thereby created; or

(2) The Township may purchase or condemn the land.

C. Any land offered to the Township shall be subject to approval by the Township Committee after review and recommendation by the approving authority. The approving authority shall be guided by the Master Plan, the ability to assemble and relate such lands to an overall plan, the accessibility and potential utility of such lands and such existing features as may enhance or detract from the intended use of the lands. The approving authority may request an opinion from other agencies or individuals as to the advisability of accepting any lands to be offered.

D. Every parcel offered to and accepted by the Township shall be conveyed by deed at the time final plat approval is granted, with such acceptance being subject to any conditions the Township may impose. The deeds shall contain restrictions stating to what use(s) such land(s) shall be restricted.

E. Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Planning Board which ensure that:

(1) The open space area will not be further subdivided in the future.

(2) The use of the open space areas will continue in perpetuity for the purpose specified.

(3) All open space shall be clearly indicated on the final plat by metes and bounds.

F. Land so dedicated for open spaces shall include, wherever feasible, natural features such as streams, wetlands, brooks, wooded areas, steep slopes and other natural features of environmental scenic and conservation value. The developer may be required to plant trees or make other similar landscaping improvements to enhance these open space areas.

§ 94-31 Homeowners' association.

A. A homeowners' association will be established for the purposes of owning and assuming maintenance responsibilities for the common open space and common property designed within a planned and/or clustered development.

B. The organization shall incorporate the following provisions:

(1) Membership by all property owners in the project shall be mandatory. Required membership and the responsibilities upon the members shall be in writing between the organization and each member in the form of a covenant with each agreeing to liability for his pro rata share of the organization's costs.

(2) The organization shall be responsible for liability insurance, taxes, maintenance and any other obligations assumed by the organization and shall hold the Township 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.

(3) The assessment levied by the organization upon each member may become a lien on each member's property. The organization shall be allowed to adjust the assessment to meet changing needs.

(4) The organization shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of the covenant, model deeds and articles of incorporation of the organization and the fact that every tenant and property owner shall have the right to use all common properties. These shall be set forth as a condition of approval and shall be submitted prior to the granting of final approval.

(5) Failure to maintain; notice.

(a) 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 that such organization shall fail to maintain the common open space or common property in reasonable order and condition, the Township 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 the notice shall include a demand that such deficiencies of maintenance be corrected 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 Township 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 corrected.

(b) If the deficiencies set forth in the original notice or in the modification thereof shall not be corrected within 35 days or any permitted extension thereof, the Township, 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. The 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 the expiration of the year, the Township 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 Township, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain the open space and property in reasonable condition, the Township shall cease to maintain the open space and property at the end of the year. If the Township shall determine such an organization is not ready and able to maintain the open space and property in a reasonable condition, the Township may, in its discretion, continue to maintain the open space and property during the next succeeding year, subject to a similar hearing and determination in each year thereafter.

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

D. The homeowners' association shall, on or before July 1 of each and every year, furnish the Township Committee with an annual report, including but not limited to the present disposition of all common areas and park areas owned, operated and maintained by the association. The report shall also include a list of current officers, their addresses and telephone numbers. The report shall contain a list of emergency telephone numbers at which one or more officers of the association can be reached by a Township official during any twenty-four-hour period.

§ 94-32 Specimen trees.

A. As used in this section, the term "specimen trees" means the largest known individual trees of each species in the State of New Jersey. The New Jersey Department of Environmental Protection and Energy, Bureau of Forestry, maintains a list of such trees which are equal to or larger than said listed trees. Also included are any trees so designated by the Egg Harbor Environmental Commission.

B. Statement of legislative policy. Specimen trees are an irreplaceable scientific and scenic resource. Often these trees have also been associated with historical events. As such, it is the declared legislative policy of Egg Harbor Township to preserve and protect specimen trees.

C. Development interfering with specimen trees prohibited. All development is prohibited that would significantly reduce the amount of light reaching the crown of a specimen tree, alter the drainage patterns within the site where the specimen tree is located, adversely affect the quality of water reaching the site where the specimen tree is located, cause erosion or the depositing of material in or directly adjacent to the specimen tree or otherwise injure the specimen tree. The site of the specimen tree extends to the outer limit of the buffer area to avoid adverse impact or 50 feet from the tree, whichever is greater.

D. Enforcement. The Zoning Officer of the Township of Egg Harbor or his designee shall be the enforcement officer charged with the administration and enforcement of this section.

§ 94-33 Reduced design standards for residential development in RA District.

An applicant for a major conventional subdivision in the RA Zoning District may elect to prepare such a subdivision under the following reduced design standards, provided that all other applicable criteria of this chapter and the following requirements are met:

A. Every lot in the development shall contain a minimum of 100,000 square feet in area, regardless of zoning district lot area requirements, and shall also be subject to the requirements of § 94-24P.

[Amended 10-11-2006 by Ord. No. 49-2006]

B. The design of the development shall blend with the rural agricultural atmosphere of the RA District.

C. Local streets.

(1) The proposed local street shall not interconnect with existing or proposed streets in other adjoining zoning classifications.

(2) Where not practical due to overall area traffic needs, such local streets shall terminate in T-intersections with other existing or proposed streets in a subdivision where reduced roadway design options are not intended.

D. The pavement width for all local streets shall be reduced to 24 feet with a stabilized grass shoulder 13 feet in width on both sides of the street.

[Amended 2-24-1993 by Ord. No. 6-1993]

E. Subject to constraints of existing overall stormwater drainage conditions and future impacts of new development on such conditions, the Planning Board may approve a system of surface stormwater drainage in open grass ditches or other suitable drainage facilities as may be approved by the Township Engineer.

F. Concrete curb and gutter along streets contained within a subdivision will not be required except where grades exceed 5% or other site conditions require their installation (e.g., at street intersections, catch basins or where site engineering or safety considerations warrant).

G. In lieu of concrete sidewalk, a walkway of bituminous asphalt of a minimum width of five feet shall be installed along both side of the street. Such walkway shall be designed as part of a comprehensive system within the subdivision providing access to individual lots and common areas.

[Amended 2-24-1993 by Ord. No. 6-1993]

§ 94-34 Reservation of public areas.

A. If the Master Plan or Official Map provides for the reservation of designated streets, public drainageways, flood control basins or public areas within the proposed development, before approving a subdivision or site plan the Planning Board may further require that such street ways, basins or areas be shown on the plat in locations and sizes suitable to their intended uses. The Planning Board may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one year after the approval of the final plat or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the Township shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to streets and roads, flood control basins or public drainageways necessitated by the subdivision or site plan and required for final approval.

B. The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation, provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining subdivision or site plan approval, as the case may be, caused by the reservation.

§ 94-35 Sanitary sewers.

A. Sanitary sewer system.

(1) Every principal use and every lot within a subdivision shall be served by a sewage disposal system that is adequate to accommodate the reasonable needs of such use or subdivision lot and that complies with all applicable health regulations prior to the issuance of a certificate of occupancy.

(2) Primary responsibility for determining whether a proposed development will comply with the standards set forth in this section often lies with an agency other than the Township, and the developer must comply with the detailed standards and specifications of such other agency. Whenever any such agency requires detailed construction or design drawings before giving its official approval to the proposed sewage disposal system, the authority issuing a permit under this section may rely upon a preliminary review by such agency of the basic design elements of the proposed sewage disposal system to determine compliance with Subsection A. However, construction of such system may not be commenced until the detailed plans and specifications have been reviewed and any appropriate permits issued by such agency.

(3) Connection to existing system.

(a) Subdivisions shall be connected to an existing sanitary sewer system if public service is available within the following distances:

[1] Two hundred feet for one-unit developments.

[2] Four hundred feet for two-unit developments.

[3] One thousand feet for five-unit to fifteen-unit developments.

(b) For developments of greater than 15 units which are within one mile of an existing public sanitary sewer system, adequate justification should be provided as to why they should not provide a connection to the existing public sanitary sewer system.

(c) For developments of greater than 15 units which are more than one mile from an existing system, the sanitary sewer strategy shall be determined on a case-by-case basis, taking into consideration the density of development and economic considerations.

(4) If a public system is not in place or cannot be extended, the developer may provide individual subsurface disposal systems subject to applicable Board of Health, NJDEPE regulations and Pinelands Commission approval where applicable.

(5) If a public sanitary sewer system will be provided to the area within a six-year period as indicated in the Township's Sewer Master Plan, Official Map or other official document, the Township may require installation of a capped system (mains only) within the road right-of-way, or alternatively the Township may require a payment in lieu of the improvement. Capped sanitary sewers shall be allowed only in areas indicated for sewer service in the State of New Jersey Statewide Water Quality Management (WQM) Plans and where permitted by the NJDEPE through sewer connection approval.

B. System planning, design and placement.

(1) The planning, design, construction, installation, modification and operation of any treatment works shall be in accordance with the applicable NJDEPE regulations implementing the New Jersey Water Pollution Control Act and the New Jersey Water Quality Planning Act.[1]

[1] Editor's Note: See N.J.S.A. 58:10A-1 et seq. and 58:11A-1 et seq., respectively.

(2) All sanitary sewers, including outfalls, shall be designed to carry at least twice the estimated average design flow when flowing half full. In the case of large interceptor sewer systems, consideration may be given to modified designs.

(3) Average daily residential sewer flow shall be calculated using acceptable engineering standards.

(4) System design and placement shall comply with the specifications promulgated by the Egg Harbor Township Municipal Utilities Authority.

§ 94-36 Lot disturbance.

[Added 5-26-1999 by Ord. No. 17-1999[1]]

A. Schedule of lot disturbance permitted for various fee simple residential lot sizes.

[Amended 5-8-2002 by Ord. No. 24-2002]

(1) Of the trees that are to remain on the lot, a minimum of 25% of deciduous trees must be preserved in the front yard of the home, a minimum of 25% of deciduous trees must be preserved in the side yards of the home, and a maximum of 50% of the deciduous preservation area may be in the rear yard of the home.

	Lot Sizes (square feet)	Maximum Lot Disturbance Permitted (percentage)
	Less than 10,000	65%
	10,001 to 20,000	55%
	20,001 to 40,000	40%
	Over 40,000	20%

(2) In the event the developer exceeds the lot disturbance, the following tree planting schedule shall be enforced. The trees may be evergreen and/or deciduous.

	Lots Less Than 10,000 Square Feet: Max Clearing 65%
	Percent Cleared	Number of Trees
	66 to 80	8
	81 to 90	10
	91 to 100	16

	Lots 10,001 to 20,000 Square Feet: Max Clearing 55%
	Percent Cleared	Number of Trees
	56 to 70	8
	71 to 80	10
	81 to 90	12
	91 to 100	18

	Lots 20,001 to 40,000 Square Feet: Max Clearing 40%
	Percent Cleared	Number of Trees
	41 to 50	8
	51 to 60	10
	61 to 70	12
	71 to 80	14
	81 to 90	16
	91 to 100	25

B. There will be a maximum 55% lot disturbance per site permitted for all town homes, condominiums, garden apartments and zero lot line applications.

C. For all residential applications, the initial clearing will be limited to the clearing necessary to construct all roadways and drainage facilities only. In no case will the developer be permitted to clear any building lots during this initial clearing phase. All building lots may only be cleared on an individual basis upon the issuance of a building permit.

D. Should the applicant not be able to meet the lot disturbance requirements, a landscaping plan must be submitted for approval by the Planning Board that addresses all areas of additional disturbance. The applicant will be required to show the replacement of all trees removed in excess of the maximum lot disturbance regulations. The replacement trees shall be provided at a rate listed in § 94-36A(2) above and be a minimum four-inch caliper (diameter breast height) or twelve-foot-to-fifteen-foot-planting height or a substitute approved by the Planning Board. The applicant will also be required to flag and well all eight-inch or greater diameter trees that are outside the building envelope to be saved as part of the landscaping plan.

[Amended 5-8-2002 by Ord. No. 24-2002; 10-11-2006 by Ord. No. 49-2006]

E. All individual plot plans must conform to all provisions of the lot disturbance requirements. All plot plans must contain the limits of disturbance, existing and proposed grading, existing trees to be preserved and any trees to be installed in conjunction with the landscaping plan. The Township Engineer will complete an inspection of all building lots prior to the issuance of a building permit to ensure compliance with the lot disturbance regulations.

F. All plant material to be preserved shall be protected from damage during construction by fencing or similar barrier. Tree protection devices shall be installed before any excavation or grading is initiated and shall be maintained for the duration of the construction period. The location and extent of all protection devices shall be indicated on the landscaping plan. As a minimum precaution, the contractor shall install snow fencing supported by steel posts adjacent to the areas where plant materials are to be protected. Any damage incurred to existing trees shall be immediately repaired. Roots exposed and/or damaged during grading operations shall be immediately trimmed, treated and covered with topsoil.

[Added 5-8-2002 by Ord. No. 24-2002[2]]

[2] Editor's Note: This ordinance also provided for the redesignation of former Subsections F and G as H and I, respectively.

G. Trees may be preserved in areas where less than 24 inches of fill is proposed by observing the following procedures: Such trees shall be protected by a cylindrical sheath of galvanized metal placed within six inches of the trunk on all sides. Before soil is placed over the root area, a layer of broken stone or coarse gravel shall be laid down to within six inches of the finished grade. A one-half-inch thick fiberglass blanket with seams lapped at least six inches shall be spread over the gravel to enhance air circulation to the root zone. The remaining elevation shall be filled with topsoil. The area to be treated in this manner shall extend to the outer dripline of the branches.

[Added 5-8-2002 by Ord. No. 24-2002[3]]

[3] Editor's Note: This ordinance also provided for the redesignation of former Subsections F and G as H and I, respectively.

H. This section will apply only to residential uses up to the issuance of a certificate of occupancy for the dwelling.

I. Selective clearing.

(1) An owner or developer shall remove only such trees, vegetation and underbrush as is necessary to construct and install the structure and improvements authorized by the Planning Board or Board of Adjustment. Such clearing shall only be authorized subsequent to the applicant/developer having satisfactorily addressed all conditions of development approval. All sites should be developed, to the extent possible, in a manner which will result in the least amount of disturbance to the natural environment.

(2) A developer may be permitted to perform selective clearing to remove dead or damaged trees, underbrush and undesirable vegetation. The areas and extent of selective clearing must be indicated on the plan of the development. All selective clearing must be approved by the Egg Harbor Township Zoning Officer prior to the commencement of any clearing.

(3) Where selective clearing is to occur in a required buffer area of a site or major subdivision, the developer shall be required to maintain a screening buffer in accordance with the buffer and landscape requirements as set forth in this chapter and shall be required to replace any planting removed in the course of selective clearing operations, which is required as part of the buffer.

(4) All selective clearing operations shall be performed in strict accordance with all applicable state, federal and local regulations. All cleared material, including but not limited to trees, branches, stumps, brush, refuse and other deleterious matter, shall be removed from the site and disposed of in a sanitary landfill licensed by the State of New Jersey to accept such waste.

[1] Editor's Note: This ordinance also repealed former § 94-36, Selective clearing.

§ 94-37 Shade trees.

Shade trees shall meet the following minimum specifications and be planted as follows:

A. Shade trees shall be planted around all tot-lots, playgrounds, tennis courts, basketball courts, baseball, softball, football, soccer and multipurpose fields and along all pedestrian walkways, jogging paths, bicycle trails and fitness trails.

B. All shade trees planted in and around all properties as required herein shall be:

(1) Nursery-grown and certified thereby to be disease free.

(2) Balled and burlapped.

(3) Single trunk with said trunk having a minimum diameter of three inches at a point one foot above ground level.

(4) Species of trees to be in accordance with Township standards and those of § 225-50.9 of Chapter 225, where applicable.

[Amended 7-14-1993 by Ord. No. 30-1993]

(5) Installed at such locations as set forth below:

(a) Along property boundaries at intervals of not more than 25 feet between each tree.

(b) Along all pedestrian walkways, jogging paths, bicycle trails and fitness trails at intervals of not more than 60 feet between each tree. In satisfaction of this requirement, naturally growing trees meeting minimum size requirements as set forth herein and located within 20 feet of the center line of the paths or trails and within 10 feet of the location where a tree is required to be planted shall be considered to satisfy the requirement of this subsection on a tree-for-tree basis.

(c) Within 10 feet of each corner of each tot-lot.

(d) At intervals of not greater than 25 feet along the boundaries of all playgrounds, play lots and multipurpose fields in addition to such trees as are elsewhere required to be planted.

(e) At intervals of not greater than 25 feet along the boundaries of all football, soccer, baseball and softball fields, but not within 20 feet of the playing area thereof.

(f) Not fewer than four trees at each end and four trees at each side of every basketball or tennis court except where multiple courts are constructed and courts are therefore joined together. Trees which would otherwise be planted along such joined sides shall be placed along the ends or sides of the courts.

(g) One tree within six feet of the end of each bench and/or table.

C. All shade trees planted in the right-of-way shall be:

(1) Nursery-grown and certified thereby to be disease free.

(2) Balled and burlapped.

(3) Single trunk, with said trunk having a minimum diameter of three inches at a point one foot above ground level, except that linden and sweet gum trees shall have a minimum diameter of 2 1/2 inches at a point one foot above ground level.

[Amended 10-11-2006 by Ord. No. 49-2006]

(4) As determined by species by the Township Planner.

(5) Installed at such locations as set forth below:

(a) Street trees shall be planted within the right-of-way of all public streets between the sidewalk and the property line. These trees shall be planted at intervals of not more than 50 feet. All street trees are required to be single trunk with said trunk having a minimum diameter of three inches at a point one foot above ground level.

[Amended 6-8-1994 by Ord. No. 25-1994; 10-11-2006 by Ord. No. 49-2006]

(b) For use within the Pinelands Area, the following trees shall be planted:

[1] Southern red oak (Quercus falcata).

[2] Chestnut oak (Quercus prinus).

[3] Scarlet oak (Quercus coccinea).

[4] Red maple (Acer rubrum).

[5] White oak (Quercus alba).

(c) For use outside of the Pinelands Area, the following trees shall be planted:

[1] Marshal's seedless ash (Fraxinus pennsylvanica lanceolata).

[2] Little leaf linden (Tilia cordata).

[3] Crimean linden (Tilia euchlora).

[4] Red maple (Acer rubrum).

[5] Norway maple (Acer platanoides).

[6] Sugar maple (Acer saccharum).

[7] Northern red oak (Quercus borealis).

[8] Willow oak (Quercus phellos).

[9] Scarlet oak (Quercus coccinea).

[10] English oak (Quercus robur).

[11] London plane (Plantanus acerifolia).

[12] Japanese zelkova (Zelkova serrata).

[13] Regent scholar tree (Sophora japonica regent).

[14] Sweet gum (Liquidambar styraciflua).

[15] Amur cork tree (Phellodendron amurense).

[16] Sugar hackberry (Celtis laevigata).

[17] Katsura tree (Cercidiphyllum japonicum).

(d) For use under utility lines outside of the Pinelands Area, the following trees shall be planted:

[1] Amur maple (Acer ginnala) tree form.

[2] Redspire pear (Pyrus calleryana Redspire).

[3] Goldenrain tree (Koelreuteria paniculata).

[4] Regent scholar tree (Sophora japonica regent).

D. Street tree plans.

(1) Street tree plans shall include a planting schedule which describes the quantity, common name, botanical name, size and comments for each species.

(2) Street tree plans shall be noted to indicate the following:

(a) All trees shall be certified as nursery-grown, free of pests and diseases and shall have a branching structure which is true to that species.

(b) No street tree shall be planted underneath utility lines, other than those species which are specifically permitted by this chapter.

(c) The Township Planner shall be notified 48 hours in advance of any street tree installation.

(d) No shade tree shall be planted within 10 feet of a sewer line.

(e) Plantings which do not live shall be replaced within six months after formal notification by the Township Planner.

(3) Street tree plans shall include a graphic tree-planting detail which shall address the following:

(a) The thinning of branches and foliage by 1/3. The leader shall not be cut.

(b) The staking of a tree by two stakes. The minimum size of stakes shall be two inches by three inches.

(c) The support of a tree shall be a double strand of No. 12 gauge wire. All trees shall be protected from injury due to wire by a rubber hose or acceptable equal.

(d) The trunk shall be protected by a tree wrap.

(e) A tree shall be mulched with three inches of approved organic material.

(f) A three-inch saucer shall be constructed around the planting area.

(g) The top of the burlap shall be untied and removed.

(h) The ball shall sit on compacted soil.

(i) The diameter of the hole shall be two feet larger than the diameter of the ball.

§ 94-38 Sidewalks.

A. Sidewalks shall be installed in all types of major development and shall be installed along both sides of all streets and wherever pedestrian traffic is expected. In nonresidential development, sidewalks will be installed at the discretion of the Board depending upon the probable volume of pedestrian traffic, the development's location in relation to other populated areas and the general type of improvement needed.

B. Where sidewalks are optional, they may be required if close to pedestrian generators, to continue a walk on an existing street, to link areas or depending on probable future development as indicated in the Master Plan.

C. Sidewalks shall be located within the right-of-way, parallel to the street 3 1/2 feet back from the curbline (face of the curb at the gutter), unless an exception has been permitted to preserve topographical or natural features or to provide visual interest or unless the applicant shows that an alternative pedestrian system provides safe and convenient circulation.

[Amended 6-8-1994 by Ord. No. 25-1994]

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

E. Pedestrianway easements may be required by the Planning Board through the center of blocks to provide circulation or access to schools, playgrounds, shopping or other community facilities.

F. Sidewalk width shall be a minimum of four feet; wider widths may be necessary near pedestrian generators and employment centers. Where sidewalks occur in parking areas, parked vehicles shall not overhang or extend over the sidewalk unless an additional two feet of sidewalk is provided to accommodate such overhang.

G. Sidewalks and graded areas shall be constructed according to the specifications set forth below:

(1) Materials and construction. Sidewalks shall be of Portland cement concrete. Concrete shall be NJDOT Class B having a twenty-eight-day verification strength of 4,500 psi. At points of vehicular crossing, sidewalks shall be reinforced with six inches by six inches of 10/10 welded steel wire fabric.

[Amended 9-10-2003 by Ord. No. 29-2003]

(2) The materials for concrete and the materials and methods used for air entrainment shall be as specified in Articles 3.12.2 and 4.1.2 of the New Jersey Department of Transportation Standard Specifications.

(3) Joint fillers shall be of the preformed bituminous cellular type and preformed bituminous type.

(4) Dimensions of the concrete walks shall be at least four inches in thickness, except that, at points of vehicular crossing, the minimum thickness shall be six inches.

(5) Expansion joints shall be provided with filler material not more than 20 feet apart and where concrete aprons abut curbing or sidewalks.

(6) Transverse surface grooves shall be cut in the walk between expansion joints at intervals equal to the walk width.

(7) All edges shall be neatly rounded to 1/4 inch.

(8) The finish shall be made with a wood float, followed by brushing with a wet soft-hair brush to a neat and workmanlike surface.

(9) Handicap ramps shall be provided at all intersections and other areas of expected pedestrian crossing.

(10) The walk should be gently graded toward the gutter line with a slope of 2% (1%, or 1/4 inch per one foot).

H. The Board shall require the applicant to install the sidewalk or contribute payment in lieu of the actual installation of sidewalk as a condition of the land development approval.

[Added 2-28-2001 by Ord. No. 3-2001; amended 4-14-2010 by Ord. No. 8-2010]

§ 94-39 Sight triangles.

A. Sight triangles shall be required at all intersections of streets, and streets and driveways in addition to the required right-of-way width and driveway width. 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 development plan as a sight triangle easement.

B. Within a sight triangle, no grading, planting or structure shall be erected or maintained more than 30 inches above the center line grade of either intersecting street or driveway or lower than eight feet above their center lines, including utility poles but excluding fire hydrants, street name signs and official traffic regulation signs. Where any street or driveway intersection 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.

C. Sight points.

(1) The "sight triangle" is defined as that area outside the right-of-way which is bounded by the intersecting street lines and the straight line connecting sight points, one each located on the two intersecting street center lines:

(a) Arterial streets at 300 feet.

(b) Collector streets at 200 feet.

(c) Local streets at 90 feet.

(2) Where the intersecting streets are both arterial, both collectors or one arterial and one collector, two overlapping sight triangles shall be required, formed by connecting the sight points noted above with a sight point 90 feet away on the intersecting street.

D. Any proposed development requiring site plan approval shall provide sight triangle easements at each driveway with the driveway classified as a local street for purposes of establishing distance. The boundaries shall be as defined above using the following dimensions:

(1) Arterial streets at 130 feet.

(2) Collector streets at 60 feet.

(3) Local streets at 35 feet.

E. 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 in the Master Plan.

F. Portions of a lot set aside for a sight triangle may be included in the lot area calculation and may be included in establishing the minimum setbacks required by this chapter.

G. The dedication of a sight triangle easement shall be expressed on the plan as follows: "Sight triangle easement granted to the Township of Egg Harbor for the purposes provided for and expressed in the Township Ordinance."

H. If the sight triangle easement is part of the lot adjoining the street, then it shall be the responsibility of the lot owner to maintain this area.

§ 94-40 Signs.

(Reserved)

§ 94-41 Soil erosion and sediment control.

All site plans and major subdivisions shall incorporate soil erosion and sediment control programs phased according to the scheduled progress of the development, including anticipated starting and completion dates. The purpose is to control soil erosion and sediment damages and related environmental damage by requiring adequate provisions for surface water retention and drainage and for the protection of exposed soil surfaces in order to promote the safety, public health, convenience and general welfare of the community.

A. No building permit shall be issued for any development application until all provisions of the State of New Jersey Soil Erosion and Sediment Control Act, Chapter 251 of the Laws of 1975,[1] have been satisfied or waived.

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

B. Development applicants shall submit to the approving authority and Construction Official copies and documentation of the approval and certification of the soil erosion and sediment control plan by the Soil Conservation District, or proof of waiver of the same.

C. Prior to the release of any performance guaranties, or the issuance of a certificate of occupancy in the case of a site plan, evidence of the acceptance of all soil erosion control measures by the Soil Conservation District must be submitted to the Construction Official and Township Engineer.

§ 94-42 Soil removal and redistribution.

The excavation and grading for completion of a development shall be done in accordance with the Soil Conservation District approved plan which contains soil erosion and sediment control provisions in conjunction with all applicable Township ordinances and permits. Excavation of soil, other than that required for the construction of approved structures and supporting facilities, such as but not limited to streets, driveways and parking areas, except when resource extraction is authorized by the Township Committee, 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 to minimize or eliminate the erosion of soil. These areas shall be stabilized by seeding and planting in accordance with § 94-21.

§ 94-43 Solid waste management.

A. Indoor or enclosed storage areas for nonresidential uses and multifamily housing.

[Amended 2-9-1994 by Ord. No. 2-1994]

(1) In all nonresidential and multifamily housing developments requiring subdivision or site plan approval, provisions shall be made for the indoor or enclosed storage of all garbage, refuse and recyclable materials. For major developments, each single-family unit or unit within a two-family dwelling should provide at least 12 square feet of floor area conveniently arranged and located as a holding area for a four-week accommodation of materials. Such an area may be within a laundry room, basement or garage.

(2) Nonresidential uses which utilize 1,000 square feet or more of land shall include provisions for the collection, disposition and recycling of recyclable materials. Each application shall quantify the amount of recyclable material it will generate as part of its weekly operation, including newspapers, white high-grade paper, glass, aluminum, cardboard, tin and bimetal cans. The application shall provide a storage area sized to contain a one-week accumulation of recyclable material.

B. Outside storage, when permitted, shall only be permitted in areas approved by the municipal agency. Such areas shall, as nearly as may be practicable, be shielded from public view and protected by adequate fencing and/or landscape screening and shall conform to all yard requirements imposed by Chapter 225, Zoning, upon the principal buildings in the district.

C. Every major development that, under the Township's solid waste and recycling collection policies, is or will be required to provide areas for collection of solid waste and recyclable material shall provide sites that are:

[Amended 2-9-1994 by Ord. No. 2-1994]

(1) Conveniently located, but clearly separated from a refuse dumpster, so as to facilitate disposition and collection and minimize any negative impact on persons occupying the development site, neighboring properties or public rights-of-way.

(2) Designed in consultation with the Municipal Recycling Coordinator to be consistent with the District Recycling Plan and Municipal Master Plan so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid or otherwise covered so as to keep the paper or cardboard dry.

(3) Constructed and lighted according to specifications established by the Township Engineer to allow for collection without damage to the development site or the collection vehicle. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles.

(4) Identified by signs posted adjacent to all points of access which clearly identify the recycling area and the materials accepted therein. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

D. All such storage areas and containers shall be screened with fencing and/or landscaping, if and to the extent that, in the absence of screening, they would be clearly visible to:

(1) Persons located within any dwelling unit on residential property other than that where the storage area or container is located.

(2) Occupants, customers or other invitees located within any building on center lines property other than that where the storage area or container is located, unless such other property is used primarily for purposes permitted exclusively in an industrial zoning district.

(3) Persons traveling on any public street, sidewalk or other public way.

E. Where refuse disposal units are used in townhouse or apartment dwellings, the following requirements shall apply:

(1) No more than one disposal unit will be permitted for each 10 dwelling units.

(2) Refuse disposal units shall be conveniently located within a minimum of 25 feet but not more than 100 feet of the building.

§ 94-44 Stormwater management.

[Amended 7-14-1993 by Ord. No. 30-1993; 6-25-1997 by Ord. No. 24-1997; 4-22-1998 by Ord. No. 14-1998; 12-27-2000 by Ord. No. 49-2000; 12-23-2002 by Ord. No. 81-2002; 10-11-2006 by Ord. No. 52-2006]

A. Scope and purpose.

(1) Purpose.

(a) It is hereby determined that:

[1] Land development projects and associated disturbance of vegetation and soil and changes in land cover, including increases in impervious cover, alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes. If inadequately or improperly managed, this stormwater runoff can deplete groundwater resources and increase flooding, stream channel erosion, and sediment transport and deposition.

[2] This stormwater runoff contributes to increased quantities of waterborne pollutants.

[3] Increases of stormwater runoff, soil erosion and nonpoint source pollutants have occurred in the past as a result of land development, and contribute to the degradation of the water resources of Egg Harbor Township.

[4] Certain lands of Egg Harbor Township lie within the Pinelands Area, and therefore development in this portion of Egg Harbor Township is subject to the requirements of the Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.) and the implementing regulations and minimum standards contained in the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-1.1 et seq.) (CMP). The purpose and intent of these regulations and standards is to promote orderly development of the Pinelands so as to preserve and protect the significant and unique natural, ecological, agricultural, archaeological, historical, scenic, cultural and recreational resources of the Pinelands.

[5] Pinelands Area resources are to be protected in accordance with the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50 et seq., New Jersey's Stormwater Management Rules at N.J.A.C. 7:8-1.1 et seq. and New Jersey's surface water quality antidegradation policies contained in the New Jersey Surface Water Quality Standards at N.J.A.C. 7:9B-1.1 et seq. Permitted uses shall maintain the ecological character and quality of the Pinelands, including good water quality and natural rates and volumes of flow.

[6] Increased stormwater rates and volumes and the sediments and pollutants associated with stormwater runoff from future development projects within the Pinelands Area have the potential to adversely affect Egg Harbor Township's streams and water resources and the streams and water resources of downstream municipalities.

[7] Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from development sites.

[8] It is in the public interest to regulate the discharge of stormwater runoff from major development projects, as defined in § 94-44G, conducted within the Pinelands Area, as provided in this section, in order to control and minimize increases in stormwater runoff rates and volumes, to maintain groundwater recharge, and to control and minimize soil erosion, stream channel erosion and nonpoint source pollution associated with stormwater runoff.

(b) Therefore, it is the purpose of this section to establish minimum stormwater management requirements and controls for major development, consistent with the statewide stormwater requirements at N.J.A.C. 7:8, the regulations and standards contained in the Pinelands CMP, and the provisions of the adopted Master Plan and land use ordinances of Egg Harbor Township.

(2) Goals and techniques.

(a) Through this section Egg Harbor Township has established the following goals for stormwater control:

[1] To reduce flood damage, including damage to life and property;

[2] To minimize any increase in stormwater runoff from new development;

[3] To reduce soil erosion from any development or construction project;

[4] To assure the adequacy of existing and proposed culverts and bridges, and other in-stream structures;

[5] To maintain groundwater recharge;

[6] To minimize any increase in nonpoint pollution;

[7] To maintain the integrity of stream channels for their biological functions, as well as for drainage;

[8] To restore, protect, maintain and enhance the quality of the streams and water resources of Egg Harbor Township and the ecological character and quality of the Pinelands Area;

[9] To minimize pollutants in stormwater runoff from new and existing development in order to restore, protect, enhance and maintain the chemical, physical and biological integrity of the surface and groundwaters of Egg Harbor Township, to protect public health and to enhance the domestic, municipal, recreational, industrial and other uses of water;

[10] Flood control, groundwater recharge, and pollutant reduction through nonstructural or low-impact techniques shall be explored before relying on structural BMPs. Structural BMPs should be integrated with nonstructural stormwater management strategies and proper maintenance plans. Nonstructural strategies include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater. Source control plans should be developed based upon physical site conditions and the origin, nature, and the anticipated quantity or amount of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge; and

[11] To protect, maintain and enhance both the immediate and long-term health and general welfare of its citizens through the proper design and management of stormwater basins.

(b) In order to achieve the goals for stormwater control set forth in this section, Egg Harbor Township has identified the following management techniques:

[1] Implementation of multiple stormwater management best management practices (BMPs) may be necessary to achieve the performance standards for stormwater runoff quantity and rate, groundwater recharge, erosion control, and stormwater runoff quality established through this section.

[2] Compliance with the stormwater runoff quantity and rate, groundwater recharge, erosion control, and stormwater runoff quality standards established through N.J.A.C. 7:8-1.1 et seq., and this section, shall be accomplished to the maximum extent practicable through the use of nonstructural BMPs before relying on structural BMPs. Nonstructural BMPs are also known as low-impact development (LID) techniques.

[3] Nonstructural BMPs shall include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater.

[4] Source control plans shall be developed based upon physical site conditions and the origin, nature and the anticipated quantity or amount of potential pollutants.

[5] Structural BMPs, where necessary, shall be integrated with nonstructural stormwater management strategies and proper maintenance plans.

[6] When using structural BMPs, multiple stormwater management measures, smaller in size and distributed spatially throughout the land development site, shall be used wherever possible to achieve the performance standards for water quality, quantity and groundwater recharge established through this section before relying on a single, larger stormwater management measure to achieve these performance standards.

(3) 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:

(a) All site plans and subdivisions for major developments occurring within the Pinelands Area that require preliminary or final site plan or subdivision review; and

(b) Aspects of residential major developments that are not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21.

(c) All major development projects undertaken by Egg Harbor Township shall comply with this section.

(d) This section applies to any construction of one or more of the following uses, except where permitted and subject to a New Jersey Pollutant Discharge Elimination System (NJPDES) permit or an approved discharge pollutant contamination control (DPCC) plan:

[1] Confined feeding and holding areas that provide for more than 100 head of cattle, 15,000 head of poultry, 500 swine, 4,000 turkeys or 10,000 ducks; this section shall also apply to all other equivalent numbers of animal units as determined by the SCS procedure for measuring BOD-producing potential.

[2] Pipelines, storage or distribution systems for petroleum products or chemicals.

[3] Storage, distribution or treatment facilities (excluding on-site sewage disposal systems) for liquid waste.

[4] Solid waste storage, disposition, incineration or landfill.

[5] Quarries, mines or borrow pits.

[6] Land application of sludge or effluents.

[7] Storage, distribution or treatment facilities for radioactive wastes.

(e) In the case of projects for which county and/or state as well as municipal approval of proposed drainage facilities is required, the applicants shall be required to comply with all provisions of this chapter. In cases where county and/or state standards differ from those defined in this chapter, the strictest standard shall apply.

(4) Procedures. In addition to other development review procedures set forth in the Code of Egg Harbor Township, major developments located within the non-Pinelands and Pinelands Area shall comply with the stormwater management requirements and specifications set forth in this section. New agricultural development that meets the definition of major development in Subsection G of this section shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of N.J.A.C. 7:8-5.4(b).

(5) Compatibility with other permit and ordinance requirements.

(a) 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 ordinance, code, rule, regulation, statute, act or other provision of law.

(b) 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 or stringent provisions or higher standards shall control.

(c) In the event that a regional stormwater management plan(s) is prepared and formally adopted pursuant to N.J.A.C. 7:8-1.1 et seq. for any drainage area(s) or watershed(s) of which Egg Harbor Township is a part, the stormwater provisions of such a plan(s) shall be adopted by Egg Harbor Township within one year of the adoption of a regional stormwater management plan (RSWMP) as an amendment to an areawide water quality management plan. Local ordinances proposed to implement the RSWMP shall be submitted to the Commission for certification within six months of the adoption of the RSWMP per N.J.A.C. 7:8 and the Pinelands CMP (N.J.A.C. 7:50).

(d) In the Pinelands Jurisdictional Area, the applicants/owners of all development applications which propose any type of stormwater management improvements will be required to enter into an agreement with the Township which saves harmless this Township and its officials from any and all claims resulting from the design, construction and maintenance of said improvements. This agreement is to be in a form acceptable to the Board Solicitor and Township Solicitor and must be executed by all parties prior to the start of any construction.

B. Requirements for a site development stormwater plan.

(1) Submission of site development stormwater plan.

(a) Whenever an applicant seeks municipal approval of a site development that is subject to this section, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection B(3) below as part of the applicant's application for subdivision or site plan approval. These required components are in addition to any other information required under any provisions of Egg Harbor Township's land use ordinance or by the Pinelands Commission pursuant to N.J.A.C. 7:50-1.1 et seq.

(b) The applicant shall demonstrate that the site development project meets the standards set forth in this section.

(c) The applicant shall submit five copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection B(3) of this section.

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

(3) Checklist requirements. Any application for approval of a major development shall include at least the following information. All required engineering plans shall be submitted to Egg Harbor Township in AutoCAD 2000 or higher on a CD-ROM format, registered and rectified to NJ State Plane Feet NAD 83 or Shape Format NJ State Plan Feet NAD 83, and all other documents shall be submitted in both paper and commonly used electronic file formats such as pdf, word processing, database or spreadsheet files. Three copies of each item shall be submitted.

(a) Topographic base map. The applicant shall submit a topographic base map of the site which extends a minimum of 300 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing one-foot contour intervals. The map shall indicate the following: existing surface water drainage, shorelines, steep slopes, soils, highly erodible soils, perennial or intermittent streams that drain into or upstream of any Category One or Pinelands waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing surface and subsurface human-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown. Egg Harbor Township or the Pinelands Commission may require upstream tributary drainage system information as necessary.

(b) Environmental site analysis. The applicant shall submit a written description along with the drawings of the natural and human-made features of the site and its environs. This description should include:

[1] A discussion of environmentally critical areas, 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 for or constraints on development; and

[2] Detailed soil and other environmental conditions on the portion of the site proposed for installation of any stormwater BMPs, including, at a minimum: soils report based on on-site soil tests; locations and spot elevations in plan view of test pits and permeability tests; permeability test data and calculations; and any other required soil data (e.g., mounding analyses results) correlated with location and elevation of each test site; cross section of proposed stormwater BMP with side-by-side depiction of soil profile drawn to scale and seasonal high water table elevation identified; and any other information necessary to demonstrate the suitability of the specific proposed structural and nonstructural stormwater management measures relative to the environmental conditions on the portion(s) of the site proposed for implementation of those measures.

(c) Project description and site plan(s). The applicant shall submit a map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.

(d) Land use planning and source control plan.

[1] The applicant shall submit a detailed land use planning and source control plan which provides a description of how the site will be developed to meet the erosion control, groundwater recharge and stormwater runoff quantity and quality standards at § 94-44D through use of nonstructural or low-impact development techniques and source controls to the maximum extent practicable before relying on structural BMPs. The land use planning and source control plan shall include a detailed narrative and associated illustrative maps and/or plans that specifically address how each of the following nine nonstructural strategies identified in Subchapter 5 of the NJDEP Stormwater Management Rules (N.J.A.C. 7:8-5) and set forth below {§ 94-44B(3)(d)[1][a] through [i]} will be implemented to the maximum extent practicable to meet the standards at Subsection D of this section on the site. If one or more of the nine nonstructural strategies will not be implemented on the site, the applicant shall provide a detailed rationale establishing a basis for the contention that use of the strategy is not practicable on the site.

[a] Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;

[b] Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces;

[c] Maximize the protection of natural drainage features and vegetation;

[d] Minimize the decrease in the predevelopment time of concentration;

[e] Minimize land disturbance including clearing and grading;

[f] Minimize soil compaction and all other soil disturbance;

[g] Provide low-maintenance landscaping that provides for the retention and planting of native plants and minimizes the use of lawns, fertilizers and pesticides, in accordance with N.J.A.C. 7:50-6.24;

[h] Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas; and

[i] Provide other source controls to prevent or minimize the use or exposure of pollutants at the site in order to prevent or minimize the release of those pollutants into stormwater runoff. These source controls shall include, but are not limited to:

[i] Site design features that help to prevent accumulation of trash and debris in drainage systems;

[ii] Site design features that help to prevent discharge of trash and debris from drainage systems;

[iii] Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and

[iv] Applying fertilizer in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules, when establishing vegetation after land disturbance.

[2] For sites where stormwater will be generated from high pollutant loading areas or where stormwater will be exposed to source material, as defined in Subsection G of this section, the applicant shall also demonstrate in the land use planning and source control plan that the requirements of § 94-44D have been met.

[3] The use of nonstructural strategies to meet the performance standards in § 94-44D is not required for development sites creating less than one acre of disturbance. However, each application for major development and any other application where Egg Harbor Township otherwise requires a landscaping plan shall contain a landscaping or revegetation plan in accordance with either the CMP standards at N.J.A.C. 7:50-6.24(c) for projects located in Pinelands Areas or with Egg Harbor Township landscape requirements at § 94-22 for non-Pinelands Areas. In addition, the applicant shall demonstrate that, at a minimum, existing trees and vegetation on the development site will be preserved and protected according to the minimum standards established by provisions of the Egg Harbor Township Land Use Ordinance, Zoning Ordinance or by conditions of zoning or variance approval.

(e) Stormwater management facilities map. The applicant shall submit a map, at the same scale as the topographic base map, depicting the following information:

[1] The total area to be disturbed, paved and/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 manage and dispose of stormwater; and

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

(f) Calculations (groundwater recharge and stormwater runoff rate, volume and quality). The applicant shall submit comprehensive hydrologic and hydraulic design calculations for the predevelopment and postdevelopment conditions for the design storms specified in § 94-44C. The standards for groundwater recharge and stormwater runoff rate, volume and quality required by § 94-44D shall be met using the methods, calculations and assumptions provided in § 94-44C.

(g) Inspection, maintenance and repair plan. The applicant shall submit a detailed plan describing how the proposed stormwater management measure(s) shall meet the maintenance and repair requirements of § 94-44F. Said plan shall include, at a minimum, the following elements:

[1] The frequency with which inspections will be made;

[2] The specific maintenance tasks and requirements for each proposed structural and nonstructural BMP;

[3] The name, address and telephone number for the entity responsible for implementation of the maintenance plan;

[4] The reporting requirements; and

[5] Copies of the inspection and maintenance reporting sheets.

(h) Exception from submission requirements. An exception may be granted from submission of any of these required components except Subsection B(3)(g) above, Inspection, maintenance, and repair plan) if its absence will not materially affect the review process. However, items required pursuant to the application requirements in Chapter 225, Article VI, shall be submitted to the NJ Pinelands Commission unless the Executive Director waives or modifies the application requirements when the project is located within the Pinelands Area.

C. Methodologies for the calculation of stormwater runoff rate and volume, stormwater runoff quality, and groundwater recharge.

(1) Method of calculating stormwater runoff rate and volume.

(a) In complying with the stormwater runoff quantity and rate standards in § 94-44D(2), the design engineer shall calculate the stormwater runoff rate and volume using the USDA Natural Resources Conservation Service (NRCS) Runoff Equation, Runoff Curve Numbers, and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook Part 630 - Hydrology and Technical Release 55 - Urban Hydrology for Small Watersheds, incorporated herein by reference, as amended and supplemented. Alternative methods of calculation may be utilized, provided such alternative methods are at least as protective as the NRCS methodology when considered on a regional stormwater management basis.

(b) In calculating stormwater runoff using the NRCS methodology, the design engineer shall separately calculate and then combine the runoff volumes from pervious and directly connected impervious surfaces within each drainage area within the parcel.

(c) Calculation of stormwater runoff from unconnected impervious surfaces shall be based, as applicable, upon the Two-Step method described in the current New Jersey Stormwater Best Management Practices Manual or the NRCS methodology.

(d) In calculating stormwater runoff using the NRCS methodology, the design engineer shall use appropriate twenty-four-hour rainfall depths as developed for the project site by the National Oceanic and Atmospheric Administration at http://hdsc.nws.noaa.gov/hdsc/pfds/index.html.

(e) When calculating stormwater runoff for predeveloped site conditions, the design engineer shall use the following criteria:

[1] When selecting or calculating Runoff Curve Numbers (CNs) for predeveloped project site conditions, the project site's land cover shall be assumed to be woods in good condition. However, another land cover may be used to calculate runoff coefficients if:

[a] Such land cover has existed at the site or portion thereof without interruption for at least five years immediately prior to the time of application; and

[b] The design engineer can document the character and extent of such land cover through the use of photographs, affidavits, and/or other acceptable land use records.

[2] 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.

[3] All predeveloped land covers shall be assumed to be in good hydrologic condition and, if cultivated, shall be assumed to have conservation treatment.

[4] In calculating predeveloped site stormwater runoff, the design engineer shall include the effects of all land features and structures, such as ponds, wetlands, depressions, hedgerows, and culverts, that affect predeveloped site stormwater runoff rates and/or volumes.

[5] Where tailwater will affect the hydraulic performance of a stormwater management measure, the design engineer shall include such effects in the measure's design.

[6] Calculations shall be computed on the basis of all areas upstream of the parcel(s) in question. Peak rates of runoff shall be computed for the entire design area and design release rates computed on the basis of existing conditions for the entire watershed.

[7] Maximum curve number values.

[a] Maximum curve number values suitable for use in computing runoff values for on-site undeveloped conditions are as follows:

	Hydrologic Soil Group	Curve Number
	A	25
	B	55
	C	70
	D	77

[b] In addition, all existing uses must be considered to be in good condition.

[8] Type III rainfall distribution must be used when calculating flow rates.

[9] Rainfall values for each of the storms used in designing detention/infiltration facilities include:

	Storm Event (year)	Total Rainfall (inches)
	1	2.8
	2	3.3
	10	5.2
	50	7.6
	100	8.9

[10] The applicant must identify:

[a] The peak rate of runoff, making adjustments as required for percentage of watershed that is ponding and swampy area as described in TR-55. The tabular method described in TR-55 shall be used for calculating runoff rates.

[b] The relative timing of the peak rate of discharge following the onset of the storm shall be identified within the stormwater calculations.

[11] All stormwater management facilities shall be sized by routing each of the required design storms using reservoir routing or other acceptable routing methods [See § 94-44D(2)].

[12] Percolation shall not be considered as outflow or a portion of the outflow during a storm event when sizing a detention/infiltration facility.

[13] Existing and proposed drainage subareas and site soil conditions shall be shown on the plans. In addition, the actual acreage of each drainage subarea and the total drainage area acreage shall be labeled on the plans. Also, the flow path used for the calculation of time of concentration shall be shown graphically for each drainage area within the drainage calculations and plans.

[14] For storm sewer design, the Rational Method (Q=CiA) shall be utilized for calculating runoff (unless a more sophisticated method is required), subject to the following criteria:

[a] The minimum design requirements for a storm sewer shall be the ten-year storm.

[b] Runoff generated by storms of greater intensity (up to and including the one-hundred-year storm) shall be directed towards detention basins or alternative detention/infiltration facilities on the site.

[c] Coefficient values.

[i] The coefficient of runoff (C) shall not be less than the values stated below unless well documented and approved by the approving authority:

	Surface	Minimum C
	Structures, pavements	0.90
	Cultivated dense or clay soils	0.30
	Cultivated sand or loam soils	0.25
	Meadows, rural areas	0.20
	Heavily wooded areas	0.15

[ii] Overall drainage runoff factors will not, in general, be less than the following:

	Proposed Development Site Plans	Minimum C
	To the limits of the improvements	0.70
	1/4 acre residential	0.50
	1/2 acre residential	0.40
	1 acre residential	0.30

[iii] The above tables are intended as minimum design standards. They are not mandated design criteria. Actual C values should be calculated as a composite of the proposed coverages.

[d] Rainfall intensity (i) shall be computed as a function of time of concentration by generally accepted procedures found in Seeleys, algebraic equations, TR-55, etc.

[e] Area (A) shall include all off-site acreage draining onto or through the site.

[f] Inlets shall be specified with cast curb piece inlets attached. Inlets shall be depressed two inches to increase capacities on grade and to reduce ponding at low points.

[g] Single Type B inlets shall not be designed to receive more than 5 1/2 cubic feet per second in sump, regardless of head, or be in accordance with N.J.A.C. 5:21. Inlets on grade shall be designed to intercept the gutter flow in accordance with accepted engineering practice.

[h] Hydraulics shall be computed using Manning's Equation or generally accepted nomographs for pipe flow. In general, pipes shall be designed flowing full without head conditions for the twenty-five-year storm (minimum). The only exception to this criteria is parking lot ponding where the depth, extent and duration of ponding must be identified and shown on the plans.

[i] Minimum friction factors (n) are listed below:

	Pipe			Minimum n
	High density polyethylene			0.01
	Concrete			0.013
	Corrugated aluminum (inches)
		15 to 27
			Annular	0.022
			Helical	0.016
		30 to 42
			Annular	0.023
			Helical	0.019
		42 and greater
			Annular	0.024
			Helical	0.022

	NOTES:
	Plus paved invert: subtract 0.003.

[j] The minimum pipe diameter shall be 15 inches. Maximum distances between manholes or inlets shall be 400 feet.

[k] Where surface water is collected from two directions at cone street corner, inlets shall be placed at or near the tangent points of both ends of the radius. The use of one inlet in the radius will not be permitted. All piping shall be maintained within the cartway path whenever possible.

[l] Curb inlets (Type B) shall be placed near or at property lines where possible to avoid driveway access to residential dwellings.

[m] Downstream crown inverts shall be placed equal to or lower than upstream crown inverts in all manholes and inlets. In general, a cover of one pipe diameter shall be maintained over the drainage pipe. If this is not possible, the proposed design must be justified based on pipe class, bedding, loading, etc., with appropriate manufacturer details provided on the plans.

[n] Velocities in closed conduits shall be at least two feet per second but not more than the velocity which would cause scour erosion damage to the conduit per the manufacturer's specifications. Minimum allowable pipe slopes shall produce velocity of at least three feet per second when the flow depth is full or half the pipe diameter per N.J.A.C. 5:21-7.3(c).

[o] When calculating hydraulic capacity, the design engineer shall consider head losses due to excessive velocities, bends, junctions, etc. Where such losses are significant, further calculations shall be performed to determine the extent and effect of these losses.

[p] Where appropriate, hydraulic capacity shall be based on tailwater analysis and/or the one-year high tide.

[q] Calculations shall be submitted for all outlet structures. Design criteria shall be detailed with length, width, stone size and mat thickness of all proposed outlet protection structures. This information shall also appear on the plan.

[r] All curb inlets and manholes located within cartways shall be set at base paving grade and then raised to design elevation when final paving is to occur.

[s] All type 'B' inlets shall be in conformance with NJPDES Municipal Stormwater Regulation Program requirements for Tier "A" municipalities.

[i] Campbell Foundry curb piece (Type J-Eco) or approved equal.

(2) Method of calculating stormwater runoff quality.

(a) In complying with the stormwater runoff quality standards in § 94-44D(4)(a), the design engineer shall calculate the stormwater runoff rate and volume using the USDA Natural Resources Conservation Service (NRCS) Runoff Equation, Runoff Curve Numbers, and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook Part 630 - Hydrology and Technical Release 55 - Urban Hydrology for Small Watersheds, as amended and supplemented.

(b) The design engineer shall also use the NJDEP water quality design storm, which is 1.25 inches of rainfall falling in a nonlinear pattern in two hours. Details of the water quality design storm are shown in Table 1.

(c) Calculation of runoff volumes, peak rates, and hydrographs for the water quality design storm may take into account the implementation of nonstructural and structural stormwater management measures.

	Table 1: Water Quality Design Storm Distribution1
	Time (minutes)	Cumulative/ Rainfall (inches)	Time (minutes)	Cumulative/ Rainfall (inches)
	0	0.0000	65	0.8917
	5	0.0083	70	0.9917
	10	0.0166	75	1.0500
	15	0.0250	80	1.0840
	20	0.0500	85	1.1170
	25	0.0750	90	1.1500
	30	0.1000	95	1.1750
	35	0.1330	100	1.2000
	40	0.1660	105	1.2250
	45	0.2000	110	1.2334
	50	0.2583	115	1.2417
	55	0.3583	120	1.2500
	60	0.6250

1 NOTE: Source: N.J.A.C. 7:8-5.5(a).

(d) Total suspended solids (TSS) reduction calculations.

[1] If more than one stormwater BMP in series is necessary to achieve the required eighty-percent TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

	R = A + B - (A x B)/100, where:
		R	=	Total TSS percent load removal from application of both BMPs;
		A	=	The TSS percent removal rate applicable to the first BMP; and
		B	=	The TSS percent removal rate applicable to the second BMP.

[2] If there is more than one on-site drainage area, the eighty-percent TSS removal rate shall apply to each drainage area, unless the runoff from the subareas converge on site, in which case the removal rate can be demonstrated through a calculation using a weighted average.

(e) TSS removal rates for stormwater BMPs.

[1] For purposes of TSS reduction calculations, Table 2 presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey BMP Manual.[1] The BMP Manual may be obtained from the address identified in § 94-44L(1) or found on the NJDEP's website at www.njstormwater.org. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2.

[1] Editor's Note: Table 2 is included at the end of this chapter.

[2] Alternative stormwater management measures, removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to Egg Harbor Township. Any alternative stormwater management measure, removal rate or method of calculating the removal rate shall be subject to approval by Egg Harbor Township and a copy shall be provided to the following:

[a] The Division of Watershed Management, New Jersey Department of Environmental Protection, P.O. Box 418, Trenton, NJ 08625-0418; and

[b] The New Jersey Pinelands Commission, P.O. Box 7, New Lisbon, NJ 08064.

(f) Nutrient removal rates for stormwater BMPs. For purposes of postdevelopment nutrient load reduction calculations, Table 2 presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey BMP Manual.[2] If alternative stormwater BMPs are proposed, the applicant shall demonstrate that the selected BMPs will achieve the nutrient removal standard required in § 94-44D(4).

[2] Editor's Note: Table 2 is included at the end of this chapter.

(g) The water quality design storm shall be controlled by one of the following practices:

[1] In dry detention basins, provisions shall be made to ensure that the runoff from the water quality design storm shall only pass through a single stage outflow structure, and that not more than 90% of the storm will be evacuated from the basin prior to 36 hours for nonresidential development and 18 hours for residential projects. The detention time shall be considered a brim drawdown time and, therefore, shall begin at the time of peak storage. The detention time shall be reduced in any case which would require an outlet size diameter of three inches or less. Therefore, a three-inch-diameter orifice shall be the minimum allowed.

[2] In permanent ponds or wet detention basins, the water quality requirements of this chapter shall be satisfied where the volume of permanent water is at least three times the volume of runoff produced by the water quality design storm.

[3] Where permitted, infiltration practices such as dry wells, infiltration basins, infiltration trenches, etc., may be used to satisfy this requirement, provided that they produce zero runoff from the water quality design storm and allow for complete infiltration within 24 hours.

(h) In all cases, multiple-level outlets or other fully automatic outlets shall be designed so that discharge rates from the development for the design storms will not be increased from what would occur if the development were not constructed. Outlet waters shall be discharged from the development at such locations and velocities as not to cause additional erosion or channels downstream of the development.

(i) If detention basins or other detention facilities are provided through which water passes at times other than following rainfall, the approving authority should be consulted concerning design criteria. It will be necessary for detention requirements to be met, despite the necessity of passing certain low flows. This applies to all on-stream or on-line detention basins.

(j) Dams. Any stormwater basin that impounds water through the use of an artificial dike, levee or other barrier and raises the water level five feet or more above the usual, mean low-water height, when measured from the downstream toe-of-dam to the emergency spillway crest, is classified as a dam and subject to N.J.A.C. 7:20, the New Jersey Dam Safety Standards. All such dams must be designed, constructed, operated and maintained in compliance with the rules of N.J.A.C. 7:20.

(k) In many instances, the provisions of separate detention facilities for a number of single sites may be more expensive and more difficult to maintain than provisions of joint facilities for a number of sites. In such cases, the municipality will be willing to consider provisions of joint detention facilities, including existing and proposed, which will fulfill the requirements of this regulation. In such cases, a properly planned staged program of detention facilities may be approved by the municipality in which compliance with some requirements may be postponed during the early stages while preliminary phases are being undertaken and funds are being accumulated. The necessary planning to facilitate such arrangements may be accomplished by Phase II planning under provisions of N.J.A.C. 7:8. In such cases, an initial money contribution will be levied upon each developer, proportionate to the runoff excess of his proposed development. Such funds will be held in escrow for use in carrying out the joint plan. Construction and maintenance responsibility for the joint facilities will be determined and specified as part of the plan.

(3) Methods of calculating groundwater recharge.

(a) In complying with the groundwater recharge requirements in § 94-44D(5)(a)[1], the design engineer may calculate groundwater recharge in accordance with the New Jersey Groundwater Recharge Spreadsheet (NJGRS) computer program incorporated herein by reference as amended and supplemented. Information regarding the methodology is available in § 94-44K(1) or from the New Jersey BMP Manual.

(b) Alternative groundwater recharge calculation methods to meet these requirements may be used upon approval by the municipal engineer.

(c) In complying with the groundwater recharge requirements in § 94-44D(5)(a)[2], the design engineer shall:

[1] Calculate stormwater runoff volumes in accordance with the USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Runoff Curve Numbers, as described in the NRCS National Engineering Handbook Part 630 - Hydrology and Technical Release 55 - Urban Hydrology for Small Watersheds as amended and supplemented; and

[2] Use appropriate two-year, twenty-four-hour rainfall depths as developed for the project site by the National Oceanic and Atmospheric Administration, available online at http://hdsc.nws.noaa.gov/hdsc/pfds/index.html.

(d) When calculating groundwater recharge or stormwater runoff for predeveloped site conditions, the design engineer shall use the following criteria:

[1] When selecting land covers or calculating Runoff Curve Numbers (CNs) for predeveloped project site conditions, the project site's land cover shall be assumed to be woods. However, another land cover may be used to calculate runoff coefficients if:

[a] Such land cover has existed at the site or portion thereof without interruption for at least five years immediately prior to the time of application; and

[b] The design engineer can document the character and extent of such land cover through the use of photographs, affidavits, and/or other acceptable land use records.

[2] If more than one land cover, other than woods, has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential (including woods) shall be used for the computations.

[3] All predeveloped land covers shall be assumed to be in good hydrologic condition and, if cultivated, shall be assumed to have conservation treatment.

D. Stormwater management performance standards for major development.

(1) Nonstructural stormwater management strategies.

(a) To the maximum extent practicable, the performance standards in § 94-44D for major development shall be met by incorporating the nine nonstructural strategies identified in Subchapter 5 of the NJ Stormwater Management Rules (N.J.A.C. 7:8-5), and set forth in § 94-44B(3)(d)[1], into the design. The applicant shall identify within the land use planning and source control plan required by § 94-44 Subsection B(3)(d) of this section how each of the nine nonstructural measures will be incorporated into the design of the project to the maximum extent practicable.

(b) If the applicant contends that it is not practical for engineering, environmental or safety reasons to incorporate any of the nine nonstructural strategies into the design of a particular project, the applicant shall provide a detailed rationale establishing a basis for the contention that use of the strategy is not practical on the site. This rationale shall be submitted in accordance with the checklist requirements established by § 94-44B to Egg Harbor Township. A determination by Egg Harbor Township that this rationale is inadequate or without merit shall result in a denial of the application unless one of the following conditions are met:

[1] The land use planning and source control plan is amended to include a description of how all nine nonstructural measures will be implemented on the development site, and the amended plan is approved by Egg Harbor Township;

[2] The land use planning and source control plan is amended to provide an alternative nonstructural strategy or measure that is not included in the list of nine nonstructural measures, but still meets the performance standards in § 94-44D and the amended plan is approved by Egg Harbor Township; or

[3] The land use planning and source control plan is amended to provide an adequate rationale for the contention that use of the particular strategy is not practical on the site, and the amended plan is approved by Egg Harbor Township.

(c) In addition to all other requirements of this section, each applicant shall demonstrate that, at a minimum, existing trees and vegetation on the development site will be preserved, protected and maintained according to the minimum standards established by provisions of the Egg Harbor Township Land Use Ordinance, Zoning Ordinance or by conditions of zoning or variance approval. Existing trees and vegetation shall be protected during construction activities in accordance with the Standard for Tree Protection During Construction provided in the NJ State Soil Conservation Committee Standards for Soil Erosion and Sediment Control in New Jersey, which is incorporated herein by reference as amended and supplemented.

(d) In addition to all other requirements of this section, each application for major development, and any other application where Egg Harbor Township otherwise requires a landscaping plan, shall contain a landscaping or revegetation plan in accordance with the Pinelands CMP standards at N.J.A.C. 7:50-6.24(c) or Egg Harbor Township requirements when not in Pinelands Areas.

(e) Any land area used as a nonstructural stormwater management measure to meet the performance standards in § 94-44D shall be dedicated to a government entity; shall be subjected to a conservation easement filed with the appropriate county clerk's office; or shall be subjected to an equivalent form of restriction approved by Egg Harbor Township that ensures that the measure, or equivalent stormwater management measure, is maintained in perpetuity, as detailed in Subsection D of this section.

(f) Guidance for nonstructural stormwater management strategies is available in the New Jersey BMP Manual, which may be obtained from the address identified in § 94-44L(1) or found on the NJDEP's website at www.njstormwater.org.

(g) Exception for major development sites creating less than one acre of disturbance. The use of nonstructural strategies to meet the performance standards in Subsection D of this section is not required for major development creating less than one acre of disturbance. However, the following requirements shall be met:

[1] Each application for major development and any other application where Egg Harbor Township otherwise requires a landscaping plan shall contain a landscaping or revegetation plan prepared in accordance with the Pinelands CMP standards [N.J.A.C. 7:50-6.24(c)] or Egg Harbor Township requirements when not in Pinelands Area;

[2] Each applicant shall demonstrate that, at a minimum, existing trees and vegetation on the development site will be preserved and protected according to the minimum standards established by provisions of the Egg Harbor Township Land Use Ordinance, Zoning Ordinance or by conditions of zoning or variance approval; and

[3] Existing trees and vegetation shall be protected during construction activities in accordance with the Standard for Tree Protection During Construction provided in the NJ State Soil Conservation Committee Standards for Soil Erosion and Sediment Control in New Jersey, which is incorporated herein by reference as amended and supplemented.

(2) Stormwater runoff quantity and rate standards.

(a) There shall be no direct discharge of stormwater runoff from any point or nonpoint source to any wetland, wetlands transition area or surface water body. In addition, stormwater runoff shall not be directed in such a way as to increase the volume and/or rate of discharge into any surface water body from that which existed prior to development of the site.

(b) To the maximum extent practical, there shall be no direct discharge of stormwater runoff onto farm fields so as to protect farm crops from damage due to flooding, erosion and long-term saturation of cultivated crops and cropland.

(c) For all major developments located with in the Pinelands Area, the total runoff volume generated from the net increase in impervious surfaces by a ten-year, twenty-four-hour storm shall be retained and infiltrated on site.

(d) In addition, the design engineer, using the assumptions and factors for stormwater runoff and groundwater recharge calculations contained in § 94-44C, shall either:

[1] Demonstrate through hydrologic and hydraulic analysis that the postdeveloped stormwater runoff hydrographs from the project site for the two-, ten-, fifty-, and one-hundred-year storms do not exceed, at any point in time, the site's predeveloped runoff hydrographs for the same storms;

[2] Demonstrate through hydrologic and hydraulic analysis that under postdeveloped site conditions:

[a] There is no increase in predeveloped stormwater runoff rates from the project site for the two-, ten-, fifty-, and one-hundred-year storms; and

[b] Any increased stormwater runoff volume or change in stormwater runoff timing for the two-, ten-, fifty-, and one-hundred-year storms will not increase flood damage at or downstream of the project site. When performing this analysis for predeveloped site conditions, all off-site development levels shall reflect existing conditions. When performing this analysis for postdeveloped site conditions, all off-site development levels shall reflect full development in accordance with current Zoning and Land Use ordinances; or

[3] Demonstrate that the peak postdeveloped stormwater runoff rates from the project site for the two-, ten-, and one-hundred-year storms are 50%, 75% and 80%, respectively, of the site's peak predeveloped stormwater runoff rates for the same storms. Peak outflow rates from on-site stormwater measures for these storms shall be adjusted where necessary to account for the discharge of increased stormwater runoff rates and/or volumes from project site areas not controlled by the on-site measures. These percentages do not have to be applied to those portions of the project site that are not proposed for development at the time of application, provided that such areas are:

[a] Protected from future development by imposition of a conservation easement, deed restriction, or other acceptable legal measures; or

[b] Would be subject to review under these standards if they are proposed for any degree of development in the future.

(e) In tidal flood hazard areas, a stormwater runoff quantity analysis in accordance with Subsection D(2)(d)[1], [2] and [3] above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.

(f) The standards for stormwater runoff quantity and rate required by this section shall be met using the methods, calculations and assumptions provided in § 94-44C.

(g) All major development proposing a residential subdivision shall demonstrate Subsection D(2)(d)[3] analysis in addition to Subsection D(2)(d)[1] or [2].

(h) Flood and erosion control. A detention/infiltration facility must accommodate site runoff generated from two-, ten-, fifty-, and one-hundred-year, twenty-four-hour storms considered individually (in each case, a Type III rainfall distribution as defined in the Soil Conservation Publications). Runoff greater than that occurring from the one-hundred-year, twenty-four-hour storm will be passed over an emergency spillway. Detention will be provided such that, after development, neither the peak rate of flow from the site nor the total flow during the hour of maximum release will exceed the corresponding flows which would have been created by similar storms prior to development.

(i) All stormwater management facilities (SMF) must provide one foot of freeboard to the top of the SMF above the one-hundred-year peak storage elevation.

(j) All residential stormwater management facilities shall not have more than two feet of water within the basin during the twenty-four-hour, fifty-year design storm. (The distance is measured from the bottom of the basin to the peak storage elevation).

[Amended 6-22-2011 by Ord. No. 21-2011]

(k) An inflow/outflow hydrograph and a performance curve must be developed for each detention/infiltration basin along with calculations for time versus storage relationships.

(3) Stormwater runoff quality standards.

(a) There shall be no direct discharge of stormwater runoff from any point or nonpoint source to any surface water body.

(b) Stormwater management measures shall be designed to reduce the total suspended solids (TSS) load in the stormwater runoff from the postdeveloped site by 80%, expressed as an annual average.

(c) Stormwater management measures shall also be designed to reduce the nutrient load in the stormwater runoff from the postdeveloped site by the maximum extent practicable. In achieving this reduction, the design of the development site shall include nonstructural and structural stormwater management measures that optimize nutrient removal while still achieving the groundwater recharge, runoff quantity and rate, and TSS removal standards in this section.

(d) The standards for stormwater runoff quality required by this section shall be met using the methods, calculations, assumptions and pollutant removal rates provided in § 94-44C.

(e) Exceptions.

[1] The preceding stormwater runoff quality standards shall not apply to the following major development sites:

[a] Major development sites where less than 0.25 acre of additional impervious surface is proposed; or

[b] Major residential development sites that create less than one acre of disturbance.

[2] The TSS reduction requirement in § 94-44C(2)(d) shall not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the NJPDES rules (N.J.A.C. 7:14A) or in a discharge specifically exempt under a NJPDES permit from this requirement.

[3] The stormwater runoff quantity and rate standards in § 94-44D(2) shall still be met for all major development sites.

(4) Additional stormwater quality standards for high pollutant loading areas and areas where stormwater runoff is exposed to source material.

(a) This subsection applies to the following areas of a major development as defined in Subsection G of this section:

[1] High pollutant loading areas (HPLAs); and

[2] Areas where stormwater is exposed to source material.

(b) For a major development in areas described in Subsection D(4)(a)[1] or [2] above, in addition to the infiltration requirements specified in § 94-44D(2)(b) and the groundwater recharge requirements specified in § 94-44D(5), the applicant shall demonstrate in the land use planning and source control plan required in § 94-44B(3)(d) that the following requirements have been met:

[1] The extent of the areas described in Subsection D(4)(a)[1] and [2] above have been minimized on the development site to the maximum extent practicable;

[2] The stormwater runoff from the areas described in Subsection D(4)(a)[1] and [2] above is segregated to the maximum extent practicable from the stormwater runoff generated from the remainder of the site such that comingling of the stormwater runoff from the areas described in Subsection D(4)(a)[1] and [2] above and the remainder of the site will be minimized;

[3] The amount of precipitation falling directly on the areas described in Subsection D(4)(a)[1] and [2] above is minimized to the maximum extent practicable by means of a canopy, roof or other similar structure that reduces the generation of stormwater runoff; and

[4] The stormwater runoff from or comingled with the areas described in Subsection D(4)(a)[1] and [2] above for the water quality design storm, defined in § 94-44C(2), Table 1, shall be subject to pretreatment by one or more of the following stormwater BMPs, designed in accordance with the New Jersey BMP Manual to provide ninety-percent TSS removal:

[a] Bioretention system;

[b] Sand filter;

[c] Wet ponds which shall be hydraulically disconnected by a minimum of two feet of vertical separation from the seasonal high water table and shall be designed to achieve a minimum eighty-percent TSS removal rate;

[d] Constructed stormwater wetlands; and/or

[e] Media filtration system manufactured treatment device with a minimum eighty-percent TSS removal as verified by the New Jersey Corporation for Advanced Technology and as certified by NJDEP.

[5] If the potential for contamination of stormwater runoff by petroleum products exists on site, prior to being conveyed to the pretreatment BMP required in § 94-44D(4)(b) above, the stormwater runoff from the areas described in Subsection D(4)(a)[1] and [2] above shall be conveyed through an oil/grease separator or other equivalent manufactured filtering device to remove the petroleum hydrocarbons. The applicant shall provide the reviewing agency with sufficient data to demonstrate acceptable performance of the device.

(5) Groundwater recharge standards.

(a) For all major developments, the design engineer, using the assumptions and factors for stormwater runoff and groundwater recharge calculations contained in § 94-44C, shall either:

[Amended 3-13-2013 by Ord. No. 5-2013]

[1] Demonstrate through hydrologic and hydraulic analysis that the postdeveloped project site maintains 100% of the site’s predeveloped average annual groundwater recharge volume; or

[2] Demonstrate through hydrologic and hydraulic analysis that any increase in the project site’s stormwater runoff volume for the two-year, twenty-four-hour storm from predeveloped to postdeveloped conditions is infiltrated on site.

(b) The design engineer shall assess the hydraulic impact on the groundwater table and design the project site and all site groundwater recharge measures so as to avoid adverse hydraulic impacts. Adverse hydraulic impacts include but are not limited to raising the groundwater table so as to cause surface ponding; flooding of basements and other subsurface structures and areas; preventing a stormwater infiltration basin from completely draining via infiltration within 72 hours of a design storm event; and interference with the proper operation of subsurface sewage disposal systems and other surface and subsurface facilities in the vicinity of the groundwater recharge measure.

(c) The standards for groundwater recharge required by this section shall be met using the methods, calculations and assumptions provided in § 94-44C.[3]

[3] Editor's Note: Former Subsection D(5)(d), Exceptions, which immediately followed this subsection, was repealed 3-13-2013 by Ord. No. 5-2013.

(6) Erosion control standards. The minimum design and performance standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and its implementing regulations, N.J.A.C. 2:90-1.1 through 2:90-1.4.

(7) Threatened and endangered species and associated habitat standards. Stormwater management measures shall avoid adverse impacts of the development on habitats for threatened and endangered species, in accordance with N.J.A.C. 7:8-5.2(c), 7:50-6.27, 7:50-6.33 and 7:50-6.34.

(8) Exceptions and mitigation requirements.

(a) Exceptions from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements established by this section may be granted, at the discretion of the Egg Harbor Township, and subject to approval by the Pinelands Commission, provided that all of the following conditions are met:

[1] The exception is consistent with that allowed by Egg Harbor Township;

[2] Egg Harbor Township has an adopted and effective municipal stormwater management plan in accordance with N.J.A.C. 7:8-4.4, which includes a mitigation plan in accordance with N.J.A.C. 7:8-4.2(c)11, and is also certified by the Pinelands Commission and NJDEP. The mitigation plan shall identify what measures are necessary to offset the deficit created by granting the exception, and the municipality shall submit a written report to the county review agency and the NJDEP describing the exception and the required mitigation. Guidance for developing municipal stormwater management plans, including mitigation plans, is available from the NJDEP, Division of Watershed Management, and the New Jersey BMP Manual.

[3] The applicant demonstrates that mitigation, in addition to the requirements of a mitigation plan discussed in Subsection D(8)(a)[2] above, will be provided consistent with one of the following options:

[a] Mitigation may be provided off site, but within the jurisdictional area of which the applicant's site is located and within the same drainage watershed area as the development site, and shall meet or exceed the equivalent recharge, quality or quantity performance standard which is lacking on the development site due to the exception; or

[b] In lieu of the required mitigation, a monetary in-lieu contribution may be provided by the applicant to Egg Harbor Township in accordance with the following:

[i] The amount of the in-lieu contribution shall be determined by Egg Harbor Township, but the maximum in-lieu contribution required shall be equivalent to the cost of implementing and maintaining the stormwater management measure(s) for which the exception is granted;

[ii] The in-lieu contribution shall be used to fund an off-site stormwater control mitigation project(s) located within the jurisdictional area of which the applicant's site is located, within the same drainage watershed area as the development site, and shall meet or exceed the equivalent recharge, quality or quantity performance standards which is lacking on the development site. Such mitigation project shall be identified by Egg Harbor Township in Egg Harbor Township's adopted municipal stormwater management plan. The stormwater control project to which the monetary contribution will be applied shall be identified by Egg Harbor Township at the time the exception is granted. The applicant shall amend the project description and site plan required in § 94-44B(3)(c) to incorporate a description of both the standards for which an on-site exception is being granted and of the selected off-site mitigation project.

[iii] Egg Harbor Township shall expend the in-lieu contribution to implement the selected off-site mitigation project within five years from the date that payment is received. Should Egg Harbor Township fail to expend the in-lieu contribution within the required time frame, the mitigation option provided in Subsection D(8)(a)[3][b] of this section shall be void and Egg Harbor Township shall be prohibited from collecting in-lieu contributions.

(b) An exception from strict compliance granted in accordance with Subsection D(8)(a) above shall not constitute a waiver of strict compliance from the requirements of the Pinelands Comprehensive Management Plan at N.J.A.C. 7:50 or NJDEP CAFRA N.J.A.C. 7:7. An applicant should contact the Pinelands Commission or CAFRA to determine whether a waiver of strict compliance is also required in accordance with N.J.A.C. 7:50 and 7:7, Subchapter 4, Part V.

E. Design, construction, and safety standards for structural stormwater management measures.

(1) General design and construction standards.

(a) Structural stormwater management measures shall be designed to meet the standards established in this section. These standards have been developed to protect public safety, conserve natural features, create an aesthetically pleasing site and promote proper on-site stormwater management.

(b) The following structural stormwater management measures may be utilized as part of a stormwater management system at a major land development in the Pinelands, provided that the applicant demonstrates that they are designed, constructed and maintained so as to meet the standards and requirements established by this section. If alternative stormwater management measures are proposed, the applicant shall demonstrate that the selected measures will achieve the standards established by this section.

[1] Bioretention systems;

[2] Constructed stormwater wetlands;

[3] Extended detention basins;

[4] Infiltration basins;

[5] Vegetated filter strips;

[6] Infiltration basins and trenches;

[7] Wet ponds with suitable liners;

[8] Pervious paving systems; and

[9] Manufactured treatment devices, provided their pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the NJDEP.

(c) Structural stormwater management measures shall be designed to take into account the existing site conditions, including environmentally critical areas, wetlands, flood-prone areas, slopes, depth to seasonal high water table, soil type, permeability and texture, and drainage area and drainage patterns.

(d) Structural stormwater management measures shall be designed and constructed to be strong, durable, and corrosion resistant (measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.8 shall be deemed to meet this requirement); to minimize and facilitate maintenance and repairs; and to ensure proper functioning.

(e) For all stormwater management measures at a development site, each applicant shall submit a detailed inspection, maintenance and repair plan consistent with the requirements of Subsection F of this section.

(f) To the maximum extent practicable, the design engineer shall design structural stormwater management measures on the development site in a manner that:

[1] Limits site disturbance, maximizes stormwater management efficiencies, and maintains or improves aesthetic conditions;

[2] Utilizes multiple stormwater management measures, smaller in size and distributed spatially throughout the land development site, instead of a single larger structural stormwater management measure;

[3] Incorporates pretreatment measures. Pretreatment can extend the functional life and increase the pollutant removal capability of a structural stormwater management measure. Pretreatment measures may be designed in accordance with the New Jersey BMP Manual or other sources approved by the municipal engineer.

(g) Stormwater management basins shall be designed in a manner that complements and mimics the existing natural landscape, including but not limited to the following design strategies:

[1] Use of natural, nonwetland wooded depressions for stormwater runoff storage; and

[2] Establishment of attractive landscaping in and around the basin that mimics the existing vegetation and incorporates native Pinelands plants, including, but not limited to, the species listed in N.J.A.C. 7:50-6.25 and 7:50-6.26 when located within the Pinelands Area.

(h) Stormwater management basins shall be designed with gently sloping sides. The maximum allowable basin side slop shall be four horizontal to one vertical (4:1) within residential developments. Basin side slopes of all detention/infiltration basins shall have sod provided to all side slopes. Commercial developments shall be permitted to have steeper slopes and/or vertical retaining walls so long as they are not conducive to erosion or impractical to maintain.

[Amended 6-22-2011 by Ord. No. 21-2011]

(i) Design standards for detention/infiltration basins.

[Amended 6-22-2011 by Ord. No. 21-2011]

[1] Detention/infiltration basins will not be permitted within the required front and/or side yard setback areas, sight triangle areas and buffers, nor within 10 feet of any property line unless the following standards are met:

[a] The depth of the basin shall not exceed two feet (one foot for infiltration basin) as measured from the maximum water surface elevation of the fifty-year storm to the bottom of the basin.

[b] A landscaped buffer around the perimeter of the basin designed in accordance with § 94-22E(4) shall be provided where a fence is proposed.

[2] All detention/infiltration basins must maximize to the greatest extent practicable the distance between basin inflow and outflow and the recharge of groundwater.

[3] The bottom of all detention basins must be at least two feet or more above the seasonal high groundwater level unless a method of underdraining the basin is provided which is acceptable to the approving authority. In no case shall a basin bottom be constructed below seasonal high groundwater.

[4] A minimum of two soil borings shall be required for all detention basins. For all basins with a surface area of 1/2 acre or more, borings will be required at a rate of one boring per each 1/2 acre in addition to the initial two borings per facility. Proposed boring locations shall be distributed throughout the proposed basin area to accurately represent the soil conditions of the total basin area. All borings must extend at least five feet below the proposed bottom of the detention facility. The applicant shall notify the Township Engineer at least five working days in advance of conducting the necessary borings to schedule a date and time for the Township Engineer or his representative to witness said borings. Soil boring information shall be displayed on preliminary plans and include:

[a] Soil texture as described in the U.S.D.A. Soil Texture Classification System.

[b] Soil colors as described in the Munsell Color Chart.

[c] Estimated depth to seasonal high groundwater based on mottling characteristics of the soil.

[d] Depth to static water level at time of boring.

[e] Vegetation types immediately surrounding the area of the boring.

[f] Percolation tests results.

[g] Date of borings.

[5] A minimum accessway 15 feet in width shall be provided around the entire perimeter of all residential infiltration basins at the top of the embankment. Fencing shall be placed outside of this accessway.

[Amended 6-22-2011 by Ord. No. 21-2011]

[6] At inflow points to detention/infiltration basins, energy dissipators must be incorporated to reduce the velocity of inflowing waters to nonerosive levels.

[7] All outlet control structures shall be designed to prevent the formation of a vortex within the basin. Antivortex devices shall be implemented as required.

[8] All principal outlet structures shall be concrete block or reinforced concrete. All construction joints are to be watertight, and all exposed concrete edges shall have a one-inch, forty-five-degree chamfer unless otherwise approved by the approving authority.

[9] Outlets from detention/infiltration facilities shall be designed to function without manual, electrical or mechanical controls.

[10] To minimize the chance of clogging and to facilitate cleaning, outlet pipes shall be at least 15 inches in diameter.

[11] Where necessary, twelve-inch-thick concrete antiseep collars are to be installed along outlet pipes, Reinforcement steel shall be No. 5 bars at 12 inches both ways with two inches of cover on both faces (minimum).

[12] Where necessary, a concrete cradle shall be provided for outlet pipes.

[13] Landscaping is required for all stormwater management facilities as specified in § 94-22E of this chapter.

[14] Fence is required around all detention/infiltration basins. This fence shall be four-foot-high white vinyl split-rail fence with one-quarter-inch black mesh wire attached to the street side of the fence with fittings and frame. A twelve-foot-wide opening shall be provided for permanent vehicular access to a paved street by means of a fifteen-foot-wide paved access and, within subdivisions, a twenty-five-foot-wide right-of-way or easement. The fence shall not extend beyond the building setback line or interfere with critical sight distances.

[a] The Planning Board reserves the right to have this fencing be changed in style and height or not have it installed at all.

[15] Access must be provided into the bottom of all detention basins by means of a stable accessway at a maximum slope of 5:1. The use of concrete pavers is a suggested method of stabilizing accessways against erosion problems caused by maintenance vehicles.

(j) Detention/infiltration facility embankments.

[1] Minimum top widths.

[a] The minimum top widths of all dams and embankments are listed below. These values have been adopted from the Standards for Soil Erosion and Sediment Control in New Jersey, published by the New Jersey State Soil Conservation Committee.

	Minimum Top Width
	Height (feet)	Top Width (feet)
	0 to 15	10
	15 to 20	12
	20 to 35	14

[b] For infiltration basins, the minimum top width shall be 15 feet to accommodate the required accessway.

[2] An emergency spillway and freeboard shall be provided for all detention/infiltration basins that require the construction of an embankment. The emergency spillway shall be designed to pass the one-hundred-year storm under a maximum of nine inches of head considering the outlet control structure to be entirely ineffective. In the case of infiltration basins, the facility shall be considered to be fifty-percent full at the start of the storm. A minimum of 12 inches of freeboard shall be provided above the invert of the emergency spillway.

[3] All earth fill shall be free from brush, fill and organic material subject to decomposition and construction debris.

[4] The design top elevation of all dams and embankments, after all settlement has taken place shall meet the emergency freeboard requirements as listed in Subsection E(1)(j)[2] above. Therefore, the design height of the dam or embankment, defined as the vertical distance from the top down to the bottom of the deepest cut, shall be increased by the amount needed to ensure that the design top elevation will be maintained following all settlement. This increase shall not be less than 5%. Where necessary, consolidation tests of the undisturbed foundation soil shall be required to more accurately determine the necessary increase.

[5] The fill material in all earth dams and embankments shall be compacted to at least 95% of the maximum density from compaction tests performed by the appropriate method in ASTM D698.

[6] Maximum side slopes for all dams and embankments are 4:1.

[7] Safety ledges shall be constructed on the side slopes of all detention basins having a permanent pool of water. The ledges shall be four feet to six feet in width and located approximately 2 1/2 feet to three feet below and one foot to 1 1/2 feet above the permanent water surface.

[8] The upstream face of all dams and/or embankments of detention basins having permanent pools of water shall be stabilized to protect against wave erosion.

(k) Detention facilities in flood hazard areas.

[1] Wherever practicable, developments and their detention/infiltration facilities should be beyond the flood hazard area of a stream. When that is not possible and detention facilities are proposed to be located partially or wholly within the flood hazard area (as defined by the New Jersey Division of Coastal Resources, Bureau of Floodplain Management) or other areas which are frequently flooded, some storm conditions could potentially make the facility ineffective at providing detention of site runoff. This will happen if the stream is overflowing its banks, resulting in a backwater effect in the basin. In such cases, the full effects of the backwater shall be taken into account within the calculations, and various parameters of the tailwater, such as the relative timing of the peak, duration and magnitude, shall be identified.

[2] Where the detention facility is located within the one-hundred-year floodplain, detention storage shall not be calculated as a part of the net fill volume for the site (required as part of a stream encroachment permit, N.J.A.C. 7:13). All fill, such as basin berms, structures, etc., should be included as part of the net fill volume.

(l) Guidance on the design and construction of structural stormwater management measures may be found in the New Jersey BMP Manual. Other guidance sources may also be used upon approval by the municipal engineer.

(m) After all construction activities and required field testing have been completed on the development site, as-built plans depicting design and as-built elevations of all stormwater management measures shall be prepared by a licensed land surveyor and submitted to the municipal engineer. This shall be done prior to any base paving operations to ensure the constructed stormwater management measures were built in accordance with the approved plans. Based upon the municipal engineer's review of the as-built plans, all corrections or remedial actions deemed by the municipal engineer to be necessary due to the failure to comply with the standards established by this section and/or any reasons of public health or safety shall be completed by the applicant. In lieu of review by the municipal engineer, Egg Harbor Township reserves the right to engage a professional engineer to review the as-built plans. The applicant shall pay all costs associated with such review. This note shall be placed on the drainage plan.

[1] As-built percolation test results on the same quantity basis as described in § 94-44K(3)(c) may be required if the basin has been used as a place for sediment accumulation during the construction process.

[2] As-built permeability and specific yield tests shall be provided for all infiltration basins meeting the same requirements as and on the same quantity basis as § 94-44E(1)(i)[4] above.

[3] As-built certification.

[a] Horizontal/vertical datum.

[i] The horizontal datum to be used on all as-builts shall be the State Plane Coordinate System (NAD 83).

[ii] The vertical datum to be used on all as-builts shall be the National Geodetic Vertical Datum (NGVD 88).

[b] Requirements for as-built plans.

[i] All as-builts must indicate all grate elevations, invert elevations, slopes of lines, lengths of runs, types of pipe, locations of utilities and all other improvements located within the public right-of-way or utility easements.

[ii] All as-builts must show the location of all stormwater basins along with top-of-bank and bottom-of-bank elevations.

[iii] All plans must be signed and sealed by a licensed professional engineer or professional land surveyor.

[c] Submission requirements.

[i] Four paper copies must be submitted.

[ii] Two disks in .dwg or .dxf format in AutoCAD Release 2000 or higher must be submitted on CD-ROM format.

[4] All stormwater facilities to be owned by the Township must be cleaned and inspected before Township acceptance.

(2) Design and construction standards for stormwater infiltration BMPs.

(a) Stormwater infiltration BMPs, such as bioretention systems with infiltration, dry wells, infiltration basins, pervious paving systems with storage beds, and sand filters with infiltration shall be designed, constructed and maintained to completely drain the total runoff volume generated by the basin's maximum design storm within 72 hours after a storm event. Runoff storage for greater times can render the BMP ineffective and may result in anaerobic conditions, odor and both water quality and mosquito breeding problems.

(b) Stormwater infiltration BMPs shall be designed, constructed and maintained to provide a minimum separation of at least two feet between the elevation of the lowest point of the bottom of the infiltration BMP and the seasonal high water table.

(c) A stormwater infiltration BMP shall be sited in suitable soils verified by field testing to have permeability rates between one inch and 20 inches per hour. If such site soils do not exist or if the design engineer demonstrates that it is not practical for engineering, environmental or safety reasons to site the stormwater infiltration BMP(s) in such soils, then the stormwater infiltration BMP(s) may be sited in soils verified by field testing to have permeability rates in excess of 20 inches per hour, provided that a bioretention system, designed, installed and maintained in accordance with the New Jersey BMP Manual is installed to meet one of the following conditions:

[1] The bioretention system is constructed as a separate measure designed to provide pretreatment of stormwater and to convey the pretreated stormwater into the infiltration BMP; or

[2] The bioretention system is integrated into and made part of the infiltration BMP and, as such, does not require an underdrain system. If this option is selected, the infiltration BMP shall be designed and constructed so that the maximum water depth in the bioretention system portion of the BMP during treatment of the stormwater quality design storm is 12 inches in accordance with the New Jersey BMP Manual.

(d) The minimum design permeability rate for the soil within a BMP that relies on infiltration shall be 0.5 inch per hour. A factor of safety of two shall be applied to the soil's field-tested permeability rate to determine the soil's design permeability rate. For example, if the field-tested permeability rate of the soil is four inches per hour, its design permeability rate would be two inches per hour. The minimum design permeability rate for the soil within a stormwater infiltration basin shall also be sufficient to achieve the minimum seventy-two-hour drain time described in Subsection E(2)(a) above. The maximum design permeability shall be 10 inches per hour.

(e) A soil's field-tested permeability rate shall be determined in accordance with the following:

[1] The predevelopment field-test permeability rate shall be determined according to the methodologies provided in Subsection K(3)(c) of this section;

[2] The results of the required field permeability tests shall demonstrate a minimum tested infiltration rate of one inch per hour;

[3] After all construction activities have been completed on the site and the finished grade has been established in the infiltration BMP, postdevelopment field permeability tests shall also be conducted according to the methodologies provided in Subsection K(3)(c) of this section;

[4] If the results of the postdevelopment field permeability tests fail to achieve the minimum required design permeability rates in Subsection E(2)(d) above utilizing a factor of safety of two; the stormwater infiltration BMP shall be renovated and retested until such minimum required design permeability rates are achieved; and

[5] The results of all field permeability tests shall be certified by a professional engineer and transmitted to the municipal engineer.

(f) To help ensure maintenance of the design permeability rate over time, a six-inch layer of K5 soil shall be placed on the bottom of a stormwater infiltration BMP. This soil layer shall meet the textural and permeability specifications of a K5 soil as provided at N.J.A.C. 7:9A, Appendix A, Figure 6, and be certified to meet these specifications by a professional engineer licensed in the State of New Jersey. The depth to the seasonal high water table shall be measured from the bottom of the K5 sand layer.

(g) The design engineer shall assess the hydraulic impact on the groundwater table and design the project site and all stormwater infiltration basins so as to avoid adverse hydraulic impacts. Adverse hydraulic impacts include but are not limited to raising the groundwater table so as to cause surface ponding; flooding of basements and other subsurface structures and areas; preventing a stormwater infiltration basin from completely draining via infiltration within 72 hours of a design storm event; and interference with the proper operation of subsurface sewage disposal systems and other surface and subsurface structures in the vicinity of the stormwater infiltration basin.

(h) Additional standards for infiltration facilities. The Township is limiting the use of infiltration basins to projects located only in the Pinelands Jurisdictional Area, provided that they meet the following additional standards:

[1] All subsections mentioned previously and hereafter for infiltration basins shall apply as well.

[2] The amount of stormwater required to be recharged for each facility shall be minimized. For example, where stormwater recharge is required and an infiltration basin is proposed, the use of partial infiltration basins will be required. The maximum amount of retention storage volume in the basin before discharge occurs shall be equal to the amount of required calculated recharge volume.

[3] The following are the vertical design constraints:

[a] Infiltration basin: d less than (P_v) (T_p); d₁ greater than d/S_y.

[b] Stone recharge facilities: d less than (P_v) (T_p)/V_r d₁ greater than d/S_y, where:

	d = One-year design depth of the facility.
	Pv = Vertical permeability. This must be determined as outlined in Subsection E(2)(i) of this section.
	Tp = Ponding time (24 hours).
	Vr = Void of ratio of stone, equal to the volume of voids divided by the total volume.
	d1 = Depth to seasonal high groundwater from the bottom of the infiltration facility (two feet minimum).
	Sy = Specific yield. This must be determined as outlined in Subsection E(2)(i). A minimum value of 0.30 is to be used.

[4] In lieu of this criteria, another method for modeling lateral groundwater flow, such as the Hantush method for modeling groundwater mounding, may be used at the discretion of the approving authority.

(i) Soil testing.

[1] Soil borings shall conform to § 94-44K(3)(c). The applicant shall notify the Township Engineer at least five working days in advance of conducting the necessary borings to schedule a date and time for the Township Engineer or his representative to witness said borings. Soil boring information shall be displayed on preliminary plans and include in addition to § 94-44K(3)(c):

[a] Soil texture as described in the United States Department of Agriculture Soil Texture Classification System.

[b] Soil colors as described in the Munsell Color Chart.

[c] Estimated depth to seasonal high groundwater based on mottling characteristics of the soil.

[d] Depth to static water level at the time of boring.

[e] Vegetation types immediately surrounding the area of the boring.

[f] Date of borings.

[2] In addition, soil tests shall be performed for each boring location to determine the soil permeability and specific yield (also known as "storage in unconfined aquifers"). Permeability tests shall be performed to determine the vertical permeability of the soil. These parameters shall be determined for the soil horizon between the proposed basin bottom and seasonal high groundwater that will yield the lowest values of vertical permeability and specific yield. When the value of vertical permeability or specific yield varies in a specific boring location, the lowest value shall be assumed to represent that location. If a test boring location yields results that the applicant feels are not representative of the area, additional borings and tests may be taken to more accurately determine soil conditions in the area. The actual value of vertical permeability or specific yield to be used in determining the basin dimensions as outlined in Subsection E(2)(h)[3] shall be determined by taking a weighted average of the representative boring location values with respect to the basin bottom area.

(j) When clay layers or other unsuitable soil lenses are located under proposed infiltration facilities, such layers shall be removed and replaced with select fill material. If such a soil replacement is required, an analysis showing that the system will work must be provided, which is acceptable to the approving authority. Devices designed to aid in infiltrating through poor subsoil conditions, such as stone wicks, shall not be considered as an acceptable alternative to this criteria unless supporting data and analysis is presented which is acceptable to the approving authority. Construction practices should be considered to ensure that adequate infiltration rates will be maintained.

(k) A minimum accessway 15 feet in width shall be provided around the entire perimeter of all residential infiltration basins at the top of the embankment. Fencing shall be placed outside of this accessway.

[Amended 6-22-2011 by Ord. No. 21-2011]

(l) Where possible, a positive gravity flow discharge structure shall be constructed in such a manner so as to allow the complete drainage of the infiltration facility to a stream, storm sewer or other point of positive discharge. This structure shall be designed in such a manner that it can be left closed and locked at all times and opened only when the basin needs to be drained for repair and maintenance purposes. The locked condition shall keep the stormwater from draining from the basin. The structure shall be designed to completely empty the basin in approximately 48 hours unless this requirement would necessitate an outlet smaller than three inches in diameter, in which case a three-inch-diameter outlet shall be used.

[1] If the drainage structure/pipe is under municipal ownership, control and maintenance, it shall be the responsibility of the Director of Public Works to determine when and if the structure/pipe must be unlocked to drain the basin, to seek the approval of the Township Committee to do so and to give notice to the Pinelands Commission if located within the Pinelands Area. The Director of Public Works shall be responsible for keeping the keys for these locks, routinely checking to assure that they are normally locked and in good working order and relocking them upon completion of the maintenance of the basin, except as designated or approved.

[2] If the drainage structure/pipe is under private ownership, control and maintenance, it shall be the responsibility of the property owner to request permission from the Township Committee to unlock the structure/pipe and to give notice to the Pinelands Commission if located within the Pinelands Area. In order to obtain permission to open the locked structure/pipe, a statement, signed by the owner, must be presented to the Township Committee, stating that it is in the public's best interest that the structure/pipe be opened in order to drain the basin which has continued to retain water beyond its normal period and that it must be drained in this manner to facilitate the maintenance of the basin. The statement must also indicate the date on which the structure/pipe will be closed and locked. Upon receipt of permission from the Township, the property owner shall contact the Director of Public Works, who shall exclusively maintain the keys for the lock for this structure/pipe and who shall unlock it to drain and relock it upon completion of the maintenance of the basin.

(m) The Township will not accept subsurface infiltration measures (porous pavement, dry wells, stone recharge trenches, etc.) for approval on any projects which are proposed to be maintained by the Township.

(n) Subsurface infiltration measures may only be utilized for management of runoff from roofs or grassed areas not likely to contain suspended sediment.

(o) Approved subsurface infiltration facilities shall be constructed after the site is stabilized and desilted. The applicant shall consider, and design if necessary, interim flood control measures for operation during construction. In any case, the municipality shall be held harmless for any damage caused by flooding during construction.

(p) Subsurface infiltration facilities should be designed to provide an emergency release in the event of failure.

(q) Subsurface infiltration measures may be utilized for privately maintained projects, where necessary, provided that additional storage capacity is provided for 20 years of sediment accumulation as calculated using the procedures found in the Standards for Soil Erosion and Sediment Control in New Jersey. In addition, the municipality may require that money be placed in escrow for the replacement of the facility at the end of 20 years and an annual amount set aside for each subsequent twenty-year period.

(r) The design engineer shall conduct a mounding analysis, as defined in § 94-44G, of all stormwater infiltration BMPs. The mounding analysis shall be conducted in accordance with the requirements in § 94-44K(3)(c). Where the mounding analysis identifies adverse impacts, the stormwater infiltration BMP shall be redesigned or relocated as appropriate.

(s) Stormwater infiltration BMPs shall be constructed in accordance with the following:

[1] To avoid sedimentation that may result in clogging and reduce the basin's permeability rate, stormwater infiltration basins shall be constructed according to the following:

[a] Unless the conditions in Subsection E(2)(5)[1][b] below are met, a stormwater infiltration basin shall not be placed into operation until its drainage area is completely stabilized. Instead, upstream runoff shall be diverted around the basin and into separate, temporary stormwater management facilities and sediment basins. Such temporary facilities and basins shall be installed and utilized for stormwater management and sediment control until stabilization is achieved in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey, which is incorporated herein by reference as amended and supplemented.

[b] If the design engineer determines that, for engineering, environmental or safety reasons, temporary stormwater management facilities and sediment basins cannot be constructed on the site, the stormwater infiltration basin may be placed into operation prior to the complete stabilization of its drainage area, provided that the basin's bottom during this period is constructed at a depth at least two feet higher than its final design elevation. All other infiltration BMP construction requirements in this section shall be followed. When the drainage area is completely stabilized, all accumulated sediment shall be removed from the infiltration BMP, which shall then be excavated to its final design elevation in accordance with the construction requirements of this section and the performance standards in § 94-44D.

[2] To avoid compaction of subgrade soils of BMPs that rely on infiltration, no heavy equipment such as backhoes, dump trucks or bulldozers shall be permitted to operate within the footprint of the BMP. All excavation required to construct a stormwater infiltration BMP shall be performed by equipment placed outside the BMP. If this is not possible, the soils within the excavated area shall be renovated and tilled after construction is completed to reverse the effects of compaction. In addition, postdevelopment soil permeability testing shall be performed in accordance with Subsection E(2)(e) of this section.

[3] Earthwork associated with stormwater infiltration BMP construction, including excavation, grading, cutting or filling, shall not be performed when soil moisture content is above the lower plastic limit.

(3) Safety standards for structural stormwater management measures.

(a) If a structural stormwater management measure has an outlet structure, escape provisions shall be incorporated in or on the structure. "Escape provisions" means the permanent installation of ladders, steps, rungs, or other features that provide readily accessible means of ingress and egress from the outlet structure.

(b) A trash rack is a device intended to intercept runoff-borne trash and debris that might otherwise block the hydraulic openings in an outlet structure of a structural stormwater management measure. Trash racks shall be installed upstream of such outlet structure openings as necessary to ensure proper functioning of the structural stormwater management measure in accordance with the following:

[1] The trash rack should be constructed primarily of bars aligned in the direction of flow 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 bars shall be spaced no greater than one-third the width of the hydraulic opening it is protecting or six inches, whichever is less. Transverse bars aligned perpendicular to flow should be sized and spaced as necessary for rack stability and strength.

[2] The trash rack shall not adversely affect the hydraulic performance of either the outlet structure opening it is protecting or the overall outlet structure.

[3] The trash rack shall have sufficient net open area under clean conditions to limit the peak design storm velocity through it to a maximum of 2.5 feet per second.

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

(c) An overflow grate is a device intended to protect the opening in the top of a stormwater management measure outlet structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:

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

[2] The overflow grate spacing shall be no more than two inches across the smallest dimension; and

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

(d) The maximum side slope for an earthen dam, embankment, or berm shall not be steeper than four horizontal to one vertical.

(e) Safety ledges.

[1] Safety ledges shall be constructed on the slopes of all new structural stormwater management measures having a permanent pool of water deeper than 2 1/2 feet. Such safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See Subsection E(3)(e)[2] below for an illustration of safety ledges in a stormwater management basin.

[2] Illustration of safety ledges.

Source: N.J.A.C. 7:8-6, Appendix A.

(f) Standards for storm sewer collection systems.

[1] For both major and minor developments, blocks and lots shall be graded at a minimum grade of 1 1/2% to ensure proper drainage away from all buildings to prevent the collection of stormwater in pools and to avoid concentrations of stormwater on adjacent lots.

[2] Dished gutters shall not be permitted in cases where:

[a] They would cross over through streets.

[b] They would cross arterial or collector streets.

[c] The depth of flow would exceed two inches.

[d] The width of flow would exceed five feet.

[3] Drainage structures. All drainage structures, including manholes, inlets, headwalls, sections and box culverts, shall conform to the current details of the New Jersey Department of Transportation. Unless approved otherwise by the approving authority, all curb inlets shall be Standard Type B with curb piece heights equal to the exposed curb face of the adjacent curb, plus two inches. All lawn inlets shall be Standard Type E. When the pipe size is such as to require a larger structure, Standard Type B1, B2, E1 or E2 shall be used. If still larger sizes are required, they shall be specifically detailed using standard frames and grates.

[4] Bicycle safe grates shall be utilized for all inlets in roadway and parking areas.

[5] Pipe bedding shall be provided as specified in the latest edition of Design and Construction of Sanitary and Storm Sewers, ASCE Manual and Reports on Engineering Practice No. 37, prepared by a Joint Committee of the Society of Civil Engineers and the Water Pollution Control Federation, New York, 1969.

[6] Concrete pipe shall be utilized beneath roadways and parking areas or any area of expected vehicular traffic. RSIS will govern within major subdivisions.

[7] Storm drain pipes.

[a] Storm drain pipes shall be reinforced concrete or corrugated aluminum or other materials acceptable to the approving authority and shall be of the size specified and laid to the exact lines and grades acceptable to the approving authority. Circular reinforced concrete pipe and fittings shall conform to ASTM Specification C-76. Elliptical reinforced concrete pipe shall meet the requirements of ASTM Specification C-507. Joint design and joint material for circular pipe shall conform to ASTM C-443. Joints for elliptical pipe shall be bell-and-spigot or tongue-and-groove sealed with butyl, rubber tape or external bands conforming to ASTM C-877. All pipes shall be Class III strength except where stronger pipe is necessary. Joints shall be made with O-ring rubber gaskets where necessary.

[b] Corrugated aluminum pipe shall comply with the Standard Specifications for Corrugated Aluminum Alloy Culvert Pipe and Pipe Arch ASSHO designation M-211-65. The minimum thickness of the aluminum pipe to be used shall be:

	Diameter or Equivalent (inches)	Thickness (inches)
	Less than 24	0.075 (14-gauge)
	24 but less than 48	0.105 (12-gauge)
	48 but less than 72	0.135 (10-gauge)
	72 and larger	0.164 (8-gauge)

[8] All discharge pipes shall terminate with a precast concrete or corrugated metal end section or a cast-in-place concrete headwall, with or without wingwalls, as conditions require.

F. Inspection, maintenance and repair of stormwater management measures.

(1) Applicability. Projects subject to review pursuant to Subsection A(3) of this section shall comply with the requirements of § 94-44F(2) and (3) below.

(2) General inspection, maintenance and repair plan.

(a) The design engineer shall prepare an inspection, maintenance and repair plan for the stormwater management measures, including both structural and nonstructural measures incorporated into the design of a major development. This plan shall be submitted as part of the checklist requirements established in § 94-44B(3). Inspection and maintenance guidelines for stormwater management measures are available in the New Jersey BMP Manual.

(b) The inspection, maintenance and repair plan shall contain the following:

[1] Accurate and comprehensive drawings of the site's stormwater management measures;

[2] Specific locations of each stormwater management measure identified by means of longitude and latitude as well as block and lot number;

[3] Specific preventative and corrective maintenance tasks and schedules for such tasks for each stormwater BMP;

[4] Cost estimates, including estimated cost of sediment, debris or trash removal; and

[5] The name, address and telephone number of the person or persons responsible for regular inspections and preventative and corrective maintenance (including repair and replacement). If the responsible person or persons is a corporation, company, partnership, firm, association, municipality or political subdivision of this state, the name and telephone number of an appropriate contact person shall also be included.

(c) The person responsible for inspection, maintenance and repair identified under § 94-44F(2)(b) above shall maintain a detailed log of all preventative and corrective maintenance performed for the site's stormwater management measures, including a record of all inspections and copies of all maintenance-related work orders in the inspection, maintenance and repair plan. Said records and inspection reports shall be retained for a minimum of five years.

(d) If the inspection, maintenance and repair plan identifies a person other than the developer (for example, a public agency or homeowners' association) as having the responsibility for inspection and maintenance, the plan shall include documentation of such person's agreement to assume this responsibility, or of the developer's obligation to dedicate a stormwater management measure to such person under an applicable ordinance or regulation.

(e) If the person responsible for inspection, maintenance and repair identified under § 94-44F(2)(b) above is not a public agency, the maintenance plan and any future revisions based on § 94-44F(2)(f) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan shall be undertaken.

(f) The person responsible for inspection, maintenance and repair identified under § 94-44F(2)(b) above shall evaluate the effectiveness of the inspection, maintenance and repair plan at least once per year and update the plan and the deed as needed.

(g) The person responsible for inspection, maintenance and repair identified under § 94-44F(2)(b) above shall submit the updated inspection, maintenance and repair plan and the documentation required by § 94-44F(2)(b) and (c) above to Egg Harbor Township once per year.

(h) The person responsible for inspection, maintenance and repair identified under § 94-44F(2)(b) above shall retain and make available, upon request by any public entity with administrative, health, environmental or safety authority over the site, the inspection, maintenance and repair plan and the documentation required by § 94-44F(2)(b) and (c) above.

(3) Responsibility for inspection, repair and 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.

(4) Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including but not limited to repairs or replacement to any associated appurtenance of the measure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; repair or replacement of linings; and restoration of infiltration function.

(5) Stormwater management measure easements shall be provided by the property owner as necessary for facility inspections and maintenance and preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities. The purpose of the easement shall be specified in the maintenance agreement.

(6) In the event that the stormwater management measure becomes a public health nuisance or danger to public safety or public health, or if it is in need of maintenance or repair, Egg Harbor Township 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 the municipal engineer's designee. Egg Harbor Township, at 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 within the allowable time, Egg Harbor Township may immediately proceed to do so with its own forces and equipment and/or through contractors. The costs and expenses of such maintenance and repair by Egg Harbor Township shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the maintenance and repair was performed.

(7) Requirements for inspection, maintenance and repair of stormwater BMPs that rely on infiltration. If a stormwater infiltration BMP is incorporated into the design of a major development, the applicant shall include the following requirements in its inspection, maintenance and repair plan:

(a) Once per month (if needed): mow side slopes, remove litter and debris, stabilize eroded banks, repair erosion at inflow structure(s);

(b) After every storm exceeding one inch of rainfall: ensure that infiltration BMPs drain completely within 72 hours after the storm event. If stored water fails to infiltrate 72 hours after the end of the storm, corrective measures shall be taken. Raking or tilling by light equipment can assist in maintaining infiltration capacity and break up clogged surfaces;

(c) Four times per year (quarterly): inspect stormwater infiltration BMPs for clogging and excessive debris and sediment accumulation within the BMP, remove sediment (if needed) when completely dry;

(d) Two times per year: inspect for signs of damage to structures, repair eroded areas, check for signs of petroleum contamination and remediate;

(e) Once per year: inspect BMPs for unwanted tree growth and remove if necessary, disc or otherwise aerate bottom of infiltration basin to a minimum depth of six inches; and

(f) After every storm exceeding one inch of rainfall: inspect and, if necessary, remove and replace K5 sand layer and accumulated sediment to restore original infiltration rate.

(g) Additional guidance for the inspection, maintenance and repair of stormwater infiltration BMPs can be found in the New Jersey BMP Manual.

(8) Financing of inspection, maintenance and repair of stormwater BMPs. An adequate means of ensuring permanent financing of the inspection, maintenance and repair of stormwater BMPs shall be implemented and detailed in the inspection, maintenance and repair plan. Permanent financing of the inspection, maintenance and repair of stormwater BMPs shall be accomplished by:

(a) The assumption of the inspection and maintenance program by a municipality, county, public utility or homeowner's association.

(b) The required payment of fees to a municipal stormwater fund in an amount equivalent to the cost of both ongoing maintenance activities and necessary structural replacements. The fee schedule is attached hereto as follows.[4]

[Amended 12-13-2006 by Ord. No. 77-2006]

[4] Editor's Note: The fee schedule is included at the end of this chapter.

(c) In the Pinelands Jurisdictional Area, prior to the granting of any site development approval, the applicant shall enter into an agreement with the municipality to ensure the continued operation and maintenance of the stormwater facility. This agreement shall be in a form satisfactory to the municipal attorney and may include, but may not necessarily be limited to, personal guaranties, deed restrictions, covenants and bonds. In cases where the property is subdivided and sold separately, a homeowners' association or responsible entity should be established as the responsible entity, absent an agreement by a governmental agency to assume responsibility. The agreement shall also provide for regular inspection at the expense of the applicant and the applicant's successors in interest, and for the undertaking by the applicant and successors of such corrective measures as are shown by such inspection to be required for the proper functioning of the facilities. In addition, the applicant shall:

[1] Describe in detail the mechanisms for maintenance, including:

[a] Types and quantities of equipment necessary for maintenance.

[b] Maintenance schedule in terms of maintenance activities required on an annual basis.

[c] The methodology of maintaining all detention/infiltration facilities on the site.

[d] The entity responsible for the maintenance activity.

[e] The life expectancy of the stormwater facility.

[2] Itemize costs associated with each of the items described in Subsection F(8)(c)[1], in addition to manpower, capital costs for equipment and foreseeable costs associated with repair of a system which fails.

[3] Obtain approval from the approving authority for all arrangements and values described in Subsection F(8)(c)[1] and [2].

[4] Provide a twenty-year maintenance guaranty for the entire stormwater management system.

[5] The agreement required by Subsection F(8)(c) above shall provide for an inspection and maintenance program of at least 20 years in duration.

(d) Time for completion of stormwater facilities.

[1] Stormwater control improvements shall be completely installed and as-built certification per § 94-44E(1)(j), except for final landscaping, prior to issuance of any certificates of occupancy for the development.

[2] Final landscaping shall be completed in accordance with the schedule established for completion of all other improvements.

G. Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application. When used in this section, the following terms shall have the meanings herein ascribed to them:

AQUACULTURE

The propagation, rearing and subsequent harvesting of aquatic organisms in controlled or selected environments, and their subsequent processing, packaging and marketing, including but not limited to activities to intervene in the rearing process to increase production such as stocking, feeding, transplanting and providing for protection from predators.

CERTIFICATION

Either a written statement signed and sealed by a licensed New Jersey professional engineer attesting that a BMP design or stormwater management system conforms to or meets a particular set of standards or to action taken by the Commission pursuant to N.J.A.C. 7:50-3, Part II or Part IV. Depending upon the context in which the term is used, the terms "certify" and "certified" shall be construed accordingly.

COMPACTION

The increase in soil bulk density caused by subjecting soil to greater-than-normal loading. Compaction can also decrease soil infiltration and permeability rates.

CONSTRUCTION

The construction, erection, reconstruction, alteration, conversion, demolition, removal or equipping of buildings, structures or components of a stormwater management system, including but not limited to collection inlets, stormwater piping, swales and all other conveyance systems and stormwater BMPs.

COUNTY REVIEW AGENCY

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

(1) A county planning agency; or

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

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.

DESIGN PERMEABILITY

The tested permeability rate with a factor of safety of two applied to it (e.g., if the tested permeability rate of the soils is four inches per hour, the design rate would be two inches per hour).

DEVELOPMENT

(1) The change of or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels, and the creation or termination of rights of access or riparian rights including, but not limited to:

(a) A change in type of use of a structure or land;

(b) A reconstruction, alteration of the size, or material change in the external appearance of a structure or land;

(c) A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land;

(d) Commencement of resource extraction or drilling or excavation on a parcel of land;

(e) Demolition of a structure or removal of trees;

(f) Commencement of forestry activities;

(g) Deposit of refuse, solid or liquid waste or fill on a parcel of land;

(h) In connection with the use of land, the making of any material change in noise levels, thermal conditions, or emissions of waste material; and

(i) Alteration, either physically or chemically, of a shore, bank, or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.

(2) In the case of development on agricultural land, i.e., lands used for an agricultural use or purpose as defined at N.J.A.C. 7:50-2.11, "development" means any activity that requires a state permit; any activity reviewed by the County Agricultural Boards (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.

DEVELOPMENT, MAJOR

Any division of land into five or more lots; any construction or expansion of any housing development of five or more dwelling units; any construction or expansion of any commercial or industrial use or structure on a site of more than three acres; or any development, grading, clearing or disturbance of an area in excess of 5,000 square feet. "Disturbance" for the purpose of this section is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting or removing of vegetation.

DEVELOPMENT, MINOR

All development other than major development.

DRAINAGE AREA

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

EGG HARBOR TOWNSHIP

The Planning Board, Zoning Board of Adjustment or other board, agency or official of Egg Harbor Township with authority to approve or disapprove subdivisions, site plans, construction permits, building permits or other applications for development approval. For the purposes of reviewing development applications and ensuring compliance with the requirements of this section, Egg Harbor Township may designate the municipal engineer or other qualified designee to act on behalf of Egg Harbor Township.

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 animal species; threatened or endangered plants of the Pinelands pursuant to N.J.A.C. 7:5-6.27(a); large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. T & E habitat constitutes habitat that is critical for the survival of a local population of threatened and endangered species or habitat that is identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program, whichever is more inclusive. Threatened and endangered wildlife shall be protected in conformance with N.J.A.C. 7:50-6.33.

EROSION

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

EXCEPTION

The approval by the approving authority of a variance or other material departure from strict compliance with any section, part, phrase or provision of this section. An exception may be granted only under certain specific, narrowly defined conditions described herein and does not constitute a waiver of strict compliance with any section, part, phrase or provision of the Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-1.1 et seq.).

EXTENDED DETENTION BASIN

A facility constructed through filling and/or excavation that provides temporary storage of stormwater runoff. It has an outlet structure that detains and attenuates runoff inflows and promotes the settlement of pollutants. An extended detention basin is normally designed as a multistage facility that provides runoff storage and attenuation for both stormwater quality and quantity management. The term "stormwater detention basin" shall have the same meaning as "extended detention basin."

FINISHED GRADE

The elevation of the surface of the ground after completion of final grading, either via cutting, filling or a combination thereof.

GRADING

Modification of a land slope by cutting and filling with the native soil or redistribution of the native soil which is present at the site.

GROUNDWATER

Water below the land surface in a zone of saturation.

GROUNDWATER MOUNDING ANALYSIS

A test performed to demonstrate that the groundwater below a stormwater infiltration basin will not "mound up," encroach on the unsaturated zone, break the surface of the ground at the infiltration area or downslope, and create an overland flow situation. See Vertical Design Constraints calculation.[5]

HEAVY EQUIPMENT

Equipment, machinery, or vehicles that exert ground pressure in excess of eight pounds per square inch.

HIGH POLLUTANT LOADING AREA

An area in an industrial or commercial development site where solvents and/or petroleum products are loaded/unloaded, stored, or applied; where pesticides are loaded/unloaded or stored; 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; where recharge would be inconsistent with NJDEP-approved remedial action work plan or landfill closure plan; and/or where a high risk exists for spills of toxic materials, such as gas stations and vehicle maintenance facilities. The term "HPLA" shall have the same meaning as "high pollutant loading area."

IMPERVIOUS SURFACE

Any surface that has been compacted or covered with a layer of material so that it prevents, impedes or slows infiltration or absorption of fluid, including stormwater, directly into the ground, and results in either reduced groundwater recharge or increased stormwater runoff sufficient to be classified as impervious in urban areas by the United States Department of Agriculture, Natural Resources Conservation Service Title 210-Engineering, 210-3-1-Small Watershed Hydrology (WINTR-55) Version 1.0, as amended and supplemented.

[Amended 6-20-2012 by Ord. No. 26-2012]

INFILTRATION

The process by which precipitation enters the soil through its surface.

IN-LIEU CONTRIBUTION

A monetary fee collected by Egg Harbor Township in lieu of requiring strict on-site compliance with the groundwater recharge, stormwater runoff quantity and/or stormwater runoff quality standards established in this section.

INSTALL

To assemble, construct, put in place or connect components of a stormwater management system.

MITIGATION

Acts necessary to prevent, limit, remedy or compensate for conditions that may result from those cases where an applicant has demonstrated the inability or impracticality of strict compliance with the stormwater management requirements set forth in N.J.A.C. 7:8, in an adopted regional stormwater management plan, or in a local ordinance which is as protective as N.J.A.C. 7:8, and an exception from strict compliance is granted by Egg Harbor Township and the Pinelands Commission.

NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES MANUAL

Guidance developed by the New Jersey Department of Environmental Protection, in coordination with the New Jersey Department of Agriculture, the New Jersey Department of Community Affairs, the New Jersey Department of Transportation, municipal engineers, county engineers, consulting firms, contractors, and environmental organizations to address the standards in the New Jersey Stormwater Management Rules, N.J.A.C. 7:8. The BMP Manual provides examples of ways to meet the standards contained in the rule. An applicant may demonstrate that other proposed management practices will also achieve the standards established in the rules. The Manual, and notices regarding future versions of the Manual, are available from the Division of Watershed Management, NJDEP, P.O.Box 418, Trenton, New Jersey 08625; and on the NJDEP's website, www.njstormwater.org. The term "New Jersey BMP Manual" shall have the same meaning as "New Jersey Stormwater Best Management Practices Manual."

NJDEP

The New Jersey Department of Environmental Protection.

NJPDES

The New Jersey Pollutant Discharge Elimination System as set forth in N.J.S.A. 58:10A-1 et seq. and in N.J.A.C. 7:14A.

NJPDES PERMIT

A permit issued by the NJDEP pursuant to the authority of the Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq., and N.J.A.C. 7:14A for a discharge of pollutants.

NONPOINT SOURCE

(1) Any human-made or human-induced activity, factor, or condition, other than a point source, from which pollutants are or may be discharged;

(2) Any human-made or human-induced activity, factor, or condition, other than a point source, that may temporarily or permanently change any chemical, physical, biological, or radiological characteristic of waters of the state from what was or is the natural, pristine condition of such waters, or that may increase the degree of such change; or

(3) Any activity, factor, or condition, other than a point source, that contributes or may contribute to water pollution.

(4) The term "NPS" shall have the same meaning as "nonpoint source."

NONSTRUCTURAL BMP

A stormwater management measure, strategy or combination of strategies that reduces adverse stormwater runoff impacts through sound site planning and design. Nonstructural BMPs include such practices as minimizing site disturbance, preserving important site features, reducing and disconnecting impervious cover, flattening slopes, utilizing native vegetation, minimizing turf grass lawns, maintaining natural drainage features and characteristics and controlling stormwater runoff and pollutants closer to the source. The term "low-impact development technique" shall have the same meaning as "nonstructural BMP."

NUTRIENT

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

PERMEABILITY

The rate at which water moves through a saturated unit area of soil or rock material at hydraulic gradient of one, determined as prescribed in N.J.A.C. 7:9A-6.2 (Tube permeameter test), N.J.A.C. 7:9A-6.5 (Pit-bailing test) or N.J.A.C. 7:9A-6.6 (Piezometer test). Alternative permeability test procedures may be accepted by the approving authority provided the test procedure attains saturation of surrounding soils, accounts for hydraulic head effects on infiltration rates, provides a permeability rate with units expressed in inches per hour and is accompanied by a published source reference. Examples of suitable sources include hydrogeology, geotechnical, or engineering text and design manuals, proceedings of American Society for Testing and Materials (ASTM) symposia, or peer-review journals. Neither a soil permeability class rating test, as described in N.J.A.C. 7:9A-6.3, nor a percolation test, as described in N.J.A.C. 7:9A-6.4, are acceptable tests for establishing permeability values for the purpose of complying with this section.

PERMEABLE

Having a permeability of one inch per hour or faster. The terms "permeable soil," "permeable rock" and "permeable fill" shall be construed accordingly.

PERSON

Any individual, corporation, company, partnership, firm, association, municipality or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

PINELANDS COMMISSION or COMMISSION

The Commission created pursuant § 5 of the Pinelands Protection Act, N.J.S.A. 13:18A-5.

PINELANDS CMP

The New Jersey Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-1.1 et seq).

POINT SOURCE

Any discenible, confined, and discrete conveyance, including, but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel, or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

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 substances [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, suspended solids, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

PROFESSIONAL ENGINEER

A person licensed to practice professional engineering in the State of New Jersey pursuant to N.J.S.A. 48:8-27 et seq.

RECHARGE

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

REPLICATE

One of two or more soil samples or tests taken at the same location (within five feet of each other) and depth within the same soil horizon or substratum. In the case of fill material, replicate tests are tests performed on subsamples of the same bulk sample packed to the same bulk density.

SAND

A particle size category consisting of mineral particles which are between 0.05 millimeter and 2.0 millimeters in equivalent spherical diameter. Also, a soil textural class having 85% or more of sand and a content of silt and clay such that the percentage of silt plus 1.5 times the percentage of clay does not exceed 15, as shown in § 94-44K(3)(a) (USDA Soil Textural Triangle).

SEASONALLY HIGH WATER TABLE

The upper limit of the shallowest zone of saturation which occurs in the soil, identified as prescribed in N.J.A.C. 7:9A-5.8.

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 which is not a rock substratum, including sediments below the biologically active and/or weathered zones.

SOURCE MATERIAL

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.

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 INFILTRATION BMP

A basin or other facility constructed within permeable soils that provides temporary storage of stormwater runoff. An infiltration BMP does not normally have a structural outlet to discharge runoff from the stormwater quality design storm. Instead, outflow from an infiltration BMP is through the surrounding soil. The terms "infiltration measure" and "infiltration practice" shall have the same meaning as "stormwater infiltration basin."

STORMWATER MANAGEMENT BASIN

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

STORMWATER MANAGEMENT MEASURE

Any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances. This includes, but is not limited to, structural and nonstructural stormwater best management practices described in the New Jersey BMP Manual and designed to meet the standards for stormwater control contained within this section. The terms "stormwater best management practice" and "stormwater BMP" shall have the same meaning as "stormwater management measure."

STORMWATER RUNOFF

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

SUITABLE SOIL

Unsaturated soil, above the seasonally high water table, which contains less than 50% by volume of coarse fragments and which has a tested permeability rate of between one inch and 20 inches per hour.

SURFACE WATER

Any waters of the state which are not groundwater.

TIDAL FLOOD HAZARD AREA

A flood hazard area which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.

TIME OF CONCENTRATION

The time it takes for runoff to travel from the hydraulically most distant point of the drainage area to the point of interest within a watershed.

TOTAL SUSPENDED SOLIDS

The insoluble solid matter suspended in water and stormwater that is separable by laboratory filtration in accordance with the procedure contained in the "Standard Methods for the Examination of Water and Wastewater," prepared and published jointly by the American Public Health Association, American Water Works Association and the Water Pollution Control Federation. The term "TSS" shall have the same meaning as "total suspended solids."

WATERS OF THE STATE

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

WATER TABLE

The upper surface of a zone of saturation.

WELL

A bored, drilled or driven shaft, or a dug hole, which extends below the seasonally high water table and which has a depth which is greater than its largest surface dimension.

WETLANDS

Those lands which are inundated or saturated by water at a magnitude, duration and frequency sufficient to support the growth of hydrophytes. Wetlands include lands with poorly drained or very poorly drained soils as designated by the National Cooperative Soils Survey of the Soil Conservation Service of the United States Department of Agriculture. Wetlands include coastal wetlands and inland wetlands, including submerged lands. The "New Jersey Pinelands Commission Manual for Identifying and Delineating Pinelands Area Wetlands: A Pinelands Supplement to the Federal Manual for Identifying and Delineating Jurisdictional Wetlands," dated January 1991, as amended, may be utilized in delineating the extent of wetlands based on the definitions of wetlands and wetlands soils contained in this section, N.J.A.C. 7:50-2.11, 7:50-6.4 and 7:50-6.5. The term "wetland" shall have the same meaning as "wetlands."

WET POND

A stormwater facility constructed through filling and/or excavation that provides both permanent and temporary storage of stormwater runoff. It has an outlet structure that creates a permanent pool and detains and attenuates runoff inflows and promotes the settling of pollutants. A stormwater retention basin can also be designed as a multistage facility that also provides extended detention for enhanced stormwater quality design storm treatment and runoff storage and attenuation for stormwater quantity management. The term "stormwater retention basin" shall have the same meaning as "wet pond."

[5] Editor's Note: See § 94-44E(2)(h)[3].

H. Violations and 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 penalties contained in § 225-94.

I. When effective. This section shall take effect immediately upon the following:

(1) Certification by the Pinelands Commission in accordance with N.J.A.C. 7:50, Subchapter 3; and

(2) Approval by the county review agency, or 60 days from the receipt of the ordinance by the county review agency if the county review agency should fail to act.

J. 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.

K. Methods; calculations; procedures; strategies.

(1) Methods for calculating groundwater recharge:

(a) The New Jersey Geological Survey Report GSR-32: A Method for Evaluating Ground-Water Recharge Areas in New Jersey; available at http://www.njgeology.org/geodata/dgs99-2.htm.

(b) The New Jersey Groundwater Recharge Spreadsheet (NJGRS); available in the New Jersey BMP Manual, Chapter 6, at http://www.njstormwater.org/bmp_manual2.htm.

(2) NJDEP nonstructural strategies point system. The New Jersey Stormwater Management Rules at N.J.A.C. 7:8-5.2(a), and Subsection D(1) of this section, require nonstructural stormwater management strategies to be incorporated into the site design of a major development. A total of nine strategies are to be used to the maximum extent practical to meet the groundwater recharge, stormwater quality and stormwater quantity requirements of the rules prior to utilizing structural stormwater management measures. The New Jersey Nonstructural Stormwater Management Strategies Point System (NSPS) provides a tool to assist planners, designers and regulators in determining that the strategies have been used to the maximum extent practical at a major development as required by the rules. Refer to http://www.njstormwater.org for information on the NSPS.

(3) Soils.

(a) USDA Soil Textural Triangle.

Source: US Department of Agriculture.

(b) Definitions. For the purposes of this Subsection K, the following terms shall have the meanings herein ascribed to them:

A-HORIZON

The uppermost mineral horizon in a normal soil profile. The upper part of the A-horizon is characterized by maximum accumulation of finely divided, dark-colored organic residues, known as "humus," which are intimately mixed with the mineral particles of the soil.

ARTESIAN ZONE OF SATURATION

A zone of saturation which exists immediately below a hydraulically restrictive horizon, and which has an upper surface which is at a pressure greater than atmospheric, either seasonally or throughout the year.

CHROMA

The relative purity or strength of a color, a quantity which decreases with increasing grayness. Chroma is one of the three variables of soil color as defined in the Munsell system of classification.

CLAY

A particle size category consisting of mineral particles which are smaller than 0.002 millimeter in equivalent spherical diameter. Also, a soil textural class having more than 40% clay, less than 45% sand, and less than 40% silt, as shown in § 94-44K(3)(a) (USDA Soil Textural Triangle).

CLAY LOAM

A soil textural class having 27% to 40% clay and 20% to 45% sand, as shown in § 94-44K(3)(a) (USDA Soil Textural Triangle).

COARSE FRAGMENT

A rock fragment contained within the soil which is greater than two millimeters in equivalent spherical diameter or which is retained on a two-millimeter sieve.

COUNTY SOIL SURVEY REPORT

A report prepared by the US Department of Agriculture, Natural Resources Conservation Service, which includes maps showing the distribution of soil mapping units throughout a particular county together with narrative descriptions of the soil series shown and other information relating to the uses and properties of the various soil series.

DIRECT SUPERVISION

Control over and direction of work carried out by others with full knowledge of and responsibility for such work.

EQUIVALENT SPHERICAL DIAMETER OF A PARTICLE

The diameter of a sphere which has a volume equal to the volume of the particle.

EXCESSIVELY COARSE HORIZON

A horizon of limited thickness within the soil profile which provides inadequate removal of pollutants from stormwater due to a high coarse fragment content, excessively coarse texture and/or excessively rapid permeability.

EXCESSIVELY COARSE SUBSTRATUM

A substratum below the soil profile which extends beyond the depth of soil profile pits and borings and which provides inadequate removal of pollutants from stormwater due to a high coarse fragment content, excessively coarse texture and/or excessively rapid permeability.

EXTREMELY FIRM CONSISTENCE

A type of soil material whose moist aggregated mass crushes only under very strong pressure; cannot be crushed between the thumb and forefinger and shall be broken apart bit by bit.

FIRM CONSISTENCE

A type of soil material whose moist aggregated mass crushes under moderate pressure between the thumb and forefinger but resistance is distinctly noticeable.

HARD CONSISTENCE

A type of soil material whose dry aggregated mass is moderately resistant to pressure; can be broken in the hands without difficulty but is barely breakable between the thumb and forefinger.

HUE

The dominant spectral color, one of the three variables of soil color defined within the Munsell system of classification.

HYDRAULICALLY RESTRICTIVE HORIZON

A horizon within the soil profile which slows or prevents the downward or lateral movement of water and which is underlain by permeable soil horizons or substrata. Any soil horizon which has a saturated permeability less than one inch per hour is hydraulically restrictive.

HYDRAULICALLY RESTRICTIVE SUBSTRATUM

A substratum below the soil profile which slows or prevents the downward or lateral movement of water and which extends beyond the depth of profile pits or borings or to a massive substratum. A substratum which has a saturated permeability less than one inch per hour is hydraulically restrictive.

LOAMY SAND

A soil textural class, as shown in § 94-44K(3)(a) (USDA Soil Textural Triangle), that has a maximum of 85% to 90% sand with a percentage of silt plus 1.5 times the percentage of clay not in excess of 15; or a minimum of 70% to 85% sand with a percentage of silt plus 1.5 times the percentage of clay not in excess of 30.

LOWER PLASTIC LIMIT

The moisture content corresponding to the transition between the plastic and semisolid states of soil consistency. This corresponds to the lowest soil moisture content at which the soil can be molded in the fingers to form a rod or wire, 1/8 inch in thickness, without crumbling.

MOTTLING

A color pattern observed in soil consisting of blotches or spots of contrasting color. The term "mottle" refers to an individual blotch or spot. The terms "color variegation," "iron depletion" and "iron concentration" are equivalent to the term "mottling." Mottling due to redoximorphic reactions is an indication of seasonal or periodic and recurrent saturation.

MUNSELL SYSTEM

A system of classifying soil color consisting of an alphanumeric designation for hue, value and chroma, such as "7.5 YR 6/2," together with a descriptive color name, such as "strong brown."

O-HORIZON

A surface horizon, occurring above the A-horizon in some soils, which is composed primarily of undecomposed or partially decomposed plant remains which have not been incorporated into the mineral soil.

PERCHED ZONE OF SATURATION

A zone of saturation which occurs immediately above a hydraulically restrictive horizon and which is underlain by permeable horizons or substrata which are not permanently or seasonally saturated.

PIEZOMETER

A device consisting of a length of metal or plastic pipe, open at the bottom or perforated within a specified interval, and used for the determination of depth to water, permeability or hydraulic head within a specific soil horizon or substratum.

PLATY STRUCTURE

Characterized by a soil aggregate which has one axis distinctly shorter than the other two and are oriented with the short axis vertical.

REGIONAL ZONE OF SATURATION

A zone of saturation which extends vertically without interruption below the depth of soil borings and profile pits.

SANDY CLAY

A soil textural class having 35% or more of clay and 45% or more of sand, as shown in § 94-44K(3)(a) (USDA Soil Textural Triangle).

SANDY LOAM

A soil textural class, as shown in § 94-44K(3)(a) (USDA Soil Textural Triangle), that has a maximum of 20% clay, and the percentage of silt plus twice the percentage of clay exceeds 30, and contains 52% or more sand; or less than 7% clay, less than 50% silt, and between 43% and 52% sand.

SILT

A particle size category consisting of mineral particles which are between 0.002 millimeter and 0.05 millimeter in equivalent spherical diameter. It also means a soil textural class having 80% or more of silt and 12% or less of clay, as shown in § 94-44K(3)(a) (USDA Soil Textural Triangle).

SILT LOAM

A soil textural class having 50% or more of silt and 12% to 27% of clay; or 50% to 80% of silt and less than 12% of clay, as shown in § 94-44K(3)(a) (USDA Soil Textural Triangle).

SILTY CLAY

A soil textural class having 40% or more of clay and 40% or more of silt, as shown in § 94-44K(3)(a) (USDA Soil Textural Triangle).

SILTY CLAY LOAM

A soil textural class having 27% to 40% of clay and less than 20% of sand, as shown in § 94-44K(3)(a) (USDA Soil Textural Triangle).

SOIL AGGREGATE

A naturally occurring unit of soil structure consisting of particles of sand, silt, clay, organic matter, and coarse fragments held together by the natural cohesion of the soil.

SOIL COLOR

The soil color name and Munsell color designation determined by comparison of the moist soil with color chips contained in a Munsell soil color book.

SOIL CONSISTENCE

The resistance of a soil aggregate or clod to being crushed between the fingers or broken by the hands. Terms for describing soil consistence described are in N.J.A.C. 7:9A-5.3(h).

SOIL HORIZON

A layer within a soil profile differing from layers of soil above and below it in one or more of the soil morphological characteristics including color, texture, coarse fragment content, structure, consistence and mottling.

SOIL LOG

A description of the soil profile which includes the depth, thickness, color, texture, coarse fragment content, mottling, structure and consistence of each soil horizon or substratum.

SOIL MAPPING UNIT

An area outlined on a map in a county soil survey report and marked with a letter symbol designating a soil phase, a complex of two or more soil phases, or some other descriptive term where no soil type has been identified.

SOIL PHASE

A specific type of soil which is mapped by the Natural Resources Conservation Service and which belongs to a soil series described within the county soil survey report.

SOIL PROFILE

A vertical cross section of undisturbed soil showing the characteristic horizontal layers or horizons of the soil which have formed as a result of the combined effects of parent material, topography, climate, biological activity and time.

SOIL SERIES

A grouping of soil types possessing a specific range of soil profile characteristics which are described within the county soil survey report. Each soil series may consist of several soil phases which may differ in slope, texture of the surface horizon or stoniness.

SOIL STRUCTURAL CLASS

One of the shape classes of soil structure described in N.J.A.C. 7:9A-5.3(g).

SOIL STRUCTURE

The naturally occurring arrangement, within a soil horizon, of sand, silt and clay particles, coarse fragments and organic matter, which are held together in clusters or aggregates of similar shape and size.

SOIL TEST PIT

An excavation made for the purpose of exposing a soil profile which is to be described.

SOIL TEXTURAL CLASS

One of the classes of soil texture defined within the USDA system of classification. (Soil Survey Manual, Agricultural Handbook No. 18, USDA Soil Conservation Service 1962.)

SOIL TEXTURE

The relative proportions of sand, silt and clay in that portion of the soil which passes through a sieve with two-millimeter openings.

STATIC WATER LEVEL

The depth below the ground surface or the elevation with respect to some reference level of the water level observed within a soil profile pit or boring, or within a piezometer, after this level has stabilized or become relatively constant with the passage of time.

SUBSTRATUM

A layer of soil or rock material present below the soil profile and extending beyond the depth of soil borings or profile pits.

UNSUITABLE SOIL

All soil other than suitable soil.

USDA SYSTEM OF CLASSIFICATION

The system of classifying soil texture used by the United States Department of Agriculture which defines 12 soil textural classes based upon the weight percentages of sand, silt and clay in that portion of the soil which passes through a sieve with two-millimeter openings. The soil textural classes are shown graphically on the USDA Soil Textural Triangle, as shown in § 94-44K(3)(a).

VALUE

The relative lightness or intensity of a color, one of the three variables of soil color defined within the Munsell system of classification.

VERY FIRM CONSISTENCE

Characterized by a moist soil which crushes under strong pressure; barely crushable between thumb and forefinger.

VERY HARD CONSISTENCE

Characterized by a dry soil which is resistant to pressure, can be broken in the hands only with difficulty; not breakable between the thumb and forefinger.

ZONE OF SATURATION

A layer within or below the soil profile which is saturated with groundwater either seasonally or throughout the year. This includes both regional and perched zones.

(c) Methods for assessing soil suitability for infiltration stormwater management BMPs. The results of a subsurface investigation shall serve as the basis for the site selection and design of stormwater infiltration BMPs. The subsurface investigation shall include, but not be limited to, a series of soil test pits and soil permeability tests conducted in accordance with the following:

[1] All soil test pits and soil permeability results shall be performed under the direct supervision of a professional engineer. All soil logs and permeability test data shall be accompanied by a certification by a professional engineer. The results and location (horizontal and vertical) of all soil test pits and soil permeability tests, both passing and failing, shall be reported to Egg Harbor Township.

[2] During all subsurface investigations and soil test procedures, adequate safety measures shall be taken to prohibit unauthorized access to the excavations at all times. It is the responsibility of persons performing or witnessing subsurface investigations and soil permeability tests to comply with all applicable federal, state and local laws and regulations governing occupational safety.

[3] A minimum of two soil test pits shall be excavated within the footprint of any proposed infiltration BMP to determine the suitability and distribution of soil types present at the site. Placement of the test pits shall be within 20 feet of the basin perimeter, located along the longest axis bisecting the BMP. For BMPs larger than 10,000 square feet in area, a minimum of one additional soil test pit shall be conducted within each additional area of 10,000 square feet. The additional test pit(s) shall be placed approximately equidistant to other test pits, so as to provide adequate characterization of the subsurface material. In all cases, where soil and/or groundwater properties vary significantly, additional test pits shall be excavated in order to accurately characterize the subsurface conditions below the proposed infiltration BMP. Soil test pits shall extend to a minimum depth of eight feet below the lowest elevation of the basin bottom or to a depth that is at least two times the maximum potential water depth in the proposed infiltration BMP, whichever is greater.

[4] A soil test pit log shall be prepared for each soil test pit. The test pit log shall, at a minimum, provide the elevation of the existing ground surface, the depth and thickness (in inches) of each soil horizon or substratum, the dominant matrix or background and mottle colors using the Munsell system of classification for hue, value and chroma, the appropriate textural class as shown on the USDA Textural Triangle, the volume percentage of coarse fragments (larger than two millimeters in diameter), the abundance, size, and contrast of mottles, the soil structure, soil consistence, and soil moisture condition, using standard USDA classification terminology for each of these soil properties. Soil test pit logs shall identify the presence of any soil horizon, substratum or other feature that exhibits an in-place permeability rate less than one inch per hour.

[5] Each soil test pit log shall report the depth to seasonally high water level, either perched or regional, and the static water level based upon the presence of soil mottles or other redoximorphic features, and observed seepage or saturation. Where redoxomorphic features, including soil mottles resulting from soil saturation are present, they shall be interpreted to represent the depth to the seasonal high water table unless soil saturation or seepage is observed at a higher level. When the determination of the seasonally high water table shall be made in ground previously disturbed by excavation, direct observation of the static water table during the months of January through April shall be the only method permitted.

[6] Any soil horizon or substratum which exists immediately below a perched zone of saturation shall be deemed by rule to exhibit unacceptable permeability (less than one inch per hour). The perched zone of saturation may be observed directly, inferred based upon soil morphology, or confirmed by performance of a hydraulic head test as defined at N.J.A.C. 7:9A-5.9.

[7] Stormwater infiltration BMPs shall not be installed in soils that exhibit artesian groundwater conditions. A permeability test shall be conducted in all soils that immediately underlie a perched zone of saturation. Any zone of saturation which is present below a soil horizon which exhibits an in-place permeability of less than 0.2 inch per hour shall be considered an artesian zone of saturation unless a minimum one-foot-thick zone of unsaturated soil, free of mottling or other redoximorphic features and possessing a chroma of four or higher, exists immediately below the unsuitable soil.

[8] A minimum of one permeability test shall be performed at each soil test pit location. The soil permeability rate shall be determined using test methodology as prescribed in N.J.A.C. 7:9A-6.2 (Tube permeameter test), 7:9A-6.5 (Pit bailing test) or 7:9A-6.6 (Piezometer test). When the tube permeameter test is used, a minimum of two replicate samples shall be taken and tested. Alternative permeability test procedures may be accepted by the approving authority provided the test procedure attains saturation of surrounding soils, accounts for hydraulic head effects on infiltration rates, provides a permeability rate with units expressed in inches per hour and is accompanied by a published source reference. Examples of suitable sources include hydrogeology, geotechnical or engineering text and design manuals, proceedings of American Society for Testing and Materials (ASTM) symposia, or peer-review journals. Neither a soil permeability class rating test, as described in N.J.A.C. 7:9A-6.3, nor a percolation test, as described in N.J.A.C. 7:9A-6.4, are acceptable tests for establishing permeability values for the purpose of complying with this section.

[9] Soil permeability tests shall be conducted on the most hydraulically restrictive horizon or substratum to be left in place below the basin as follows. Where no soil replacement is proposed, the permeability tests shall be conducted on the most hydraulically restrictive horizon or substratum within four feet of the lowest elevation of the basin bottom or to a depth equal to two times the maximum potential water depth within the basin, whichever is greater. Where soil replacement is proposed, the permeability tests shall be conducted within the soil immediately below the depth of proposed soil replacement or within the most hydraulically restrictive horizon or substratum to a depth equal to two times the maximum potential water depth within the basin, whichever is greater. Permeability tests may be performed on the most hydraulically restrictive soil horizons or substrata at depths greater than those identified above based upon the discretion of the design or testing engineer. The tested infiltration rate should then be divided by two to establish the soil's design permeability rate. Such division will provide a one-hundred-percent safety factor to the tested rate.

[10] The minimum acceptable tested permeability rate of any soil horizon or substratum shall be one inch per hour. Soil materials that exhibit tested permeability rates slower than one inch per hour shall be considered unsuitable for stormwater infiltration. The maximum reportable tested permeability rate of any soil horizon or substratum shall be no greater than 20 inches per hour regardless of the rate attained in the test procedure.

[11] After all construction activities have been completed on the development site and the finished grade has been established in the infiltration BMP, a minimum of one permeability test shall be conducted within the most hydraulically restrictive soil horizon or substratum below the as-built BMP to ensure the performance of the infiltration BMP is as designed. Hand tools and manual permeability test procedures shall be used for the purpose of confirming BMP performance. In addition, the infiltration BMP shall be flooded with water sufficient to demonstrate the performance of the BMP. Test results shall be certified to the municipal engineer.

[12] A groundwater mounding analysis shall be provided for each stormwater infiltration BMP. The groundwater mounding analysis shall calculate the maximum height of the groundwater mound based upon the volume of the maximum design storm. The professional engineer conducting the analysis shall provide the municipal engineer with the methodology and supporting documentation for the mounding analysis used and shall certify to Egg Harbor Township, based upon the analysis, that the groundwater mound will not cause stormwater or groundwater to breakout to the land surface or cause adverse impact to adjacent surface water bodies, wetlands or subsurface structures including but not limited to basements and septic systems. If there is more than one infiltration BMP proposed, the model shall indicate if and how the mounds will interact. The mounding analysis shall be calculated using the most restrictive soil horizon that will remain in place within the explored aquifer thickness unless alternative analyses is authorized by the municipal engineer. The mounding analysis shall be accompanied by a cross section of the infiltration BMP and surrounding topography and the mound analysis shall extend out to the point(s) at which the mound intersects with the preexisting maximum water table elevation.

[13] The applicant shall demonstrate that stormwater infiltration BMPs meet the seventy-two-hour drain time requirement established in Subsection E(2)(a) of this section.

(4) Pretreatment measures for infiltration BMPs. By reducing incoming velocities and capturing coarser sediments, pretreatment can extend the functional life and increase the pollutant removal capability of infiltration measures. Therefore, the installation of pretreatment measures is recommended for all development sites. Pretreatment measures may include, but are not limited to, the following:

(a) Vegetative filter strips;

(b) Bioretention systems. Used in conjunction with a bioretention system, the infiltration basin takes the place of the standard underdrain;

(c) Sand filters;

(d) Grassed swales; and

(e) Detention basins.

(5) Collection and conveyance.

(a) Bicycle-safe inlet grates. Site development plans that incorporate site design features that help 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.

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

[a] The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or

[b] A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 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 basin floors.

[2] Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.

[3] This standard does not apply:

[a] Where the review agency determines that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;

[b] Where flows from the water quality design storm as specified in § 94-44C are conveyed through any device (e.g., end-of-pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

[i] A rectangular space four inches and 5/8 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.

[c] Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the water quality design storm as specified in Subsection C of this section; or

[d] Where the NJDEP 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.

(b) Catch basins. Catch basins are storm drain inlets with or without sumps. Catch basins may provide pretreatment for other stormwater BMPs by capturing large sediments. The sediment and pollutant removal efficiency of catch basins depends on the size of the sump and the performance of routine maintenance to retain the available sediment storage space in the sump. Where catch basins with sumps are proposed, the minimum two-feet separation between the bottom of the sump and seasonally high water table shall be provided.

(c) Open or perforated conveyance piping. Where adequate separation to the seasonal high water table exists, stormwater from the development site may be conveyed to a stormwater basin via a system of perforated pipes. These pipes may be made of PVC or corrugated metal and are available with perforations of varying size and spacing. Perforated pipe specifications shall be certified by a professional engineer. A professional engineer shall certify that perforated conveyance piping will not act to intercept the seasonal high water table and convey groundwater to the stormwater basin. All open or perforated stormwater conveyance systems shall be installed with a minimum separation of two feet from the seasonal high water table.

L. Additional sources for technical guidance.

(1) NJDEP technical guidance sources:

(a) New Jersey BMP Manual; available from the Division of Watershed Management, New Jersey Department of Environmental Protection, P.O. Box 418, Trenton, New Jersey 08625; or online at http://www.njstormwater.org.

(b) NJDEP Stormwater Management Facilities Maintenance Manual; available from the Division of Watershed Management, New Jersey Department of Environmental Protection, P.O. Box 418, Trenton, New Jersey 08625; or online at http://njedl.rutgers.edu/ftp/PDFs/1188.pdf.

(2) Additional guidance sources:

(a) New Jersey Pinelands Commission, P.O. Box 7, 15 Springfield Road, New Lisbon, New Jersey 08064; phone: [phone]; website: http://www.state.nj.us/pinelands.

(b) State Soil Conservation Committee Standards for Soil Erosion and Sediment Control in New Jersey; available from all State Soil Conservation District, including Burlington County Soil Conservation District, Tiffany Square, Suite 100, 1289 Route 38, Hainesport, New Jersey 08036; phone: [phone]; fax [phone]; website: http://bscd.org.

(c) State Soil Conservation Districts.

(d) New Jersey Department of Transportation, P.O. Box 600, Trenton, New Jersey 08625-0600; phone: [phone]; website: http://www.state.nj.us/transportation.

§ 94-45 Streets.

A. Every principal building to be constructed shall be built upon a lot with frontage directly upon an improved street as herein defined under § 94-24, Lots, which has been improved in accordance with the standards of this chapter or the improvement to which Township standards have been guaranteed by surety.

B. All development shall be served by paved streets with an all-weather base and surfaced with an adequate crown.

C. The arrangement of streets not shown on the Master Plan or Official Map as adopted by the Township shall, to the maximum extent practical, provide for the appropriate extension of existing streets and conform to existing topography.

D. When a new development adjoins land capable of being developed, suitable provisions must be made for optimum access of the remaining and/or adjoining tract to existing or proposed streets.

E. Local streets shall be planned to discourage through traffic.

F. In all residential districts, development bounded by any 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 dictates no alternative than to have a driveway enter an arterial or collector, a turnaround area shall be provided on site to prevent the backing of any vehicle onto such street, and abutting lots must share a common access drive.

G. No subdivision shall be approved showing reserved strips controlling access to streets or other areas, either developed or undeveloped, except where the control and disposal of land comprising such strips has been given to the governing body after recommendation by the Board.

H. Additional land dedicated.

(1) In the event that a subdivision adjoins or includes existing municipal streets that do not conform to the widths as shown on the adopted Master Plan, Official Map or the street width requirements of this chapter, additional land along either or both sides of said street sufficient to conform to the right-of-way requirements shall be dedicated to the Township for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities and structures customarily located within street rights-of-way and shall be expressed on the final plat as follows: foot-wide strip of land dedicated to the Township of Egg Harbor for the purposes provided for and expressed in Chapter 198, Subdivision of Land and Site Plan Review, of the Code of the Township of Egg Harbor.

(2) This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair or maintain the facilities in the area dedicated by ordinance and/or as shown on the plat and/or as provided for by any maintenance or performance guaranties.

§ 94-46 Street design and performance standards.

A. In all developments, the minimum street right-of-way shall be measured from lot line to lot line and shall be in accordance with Table 1, 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 Table 1. 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(s) approaching the intersection for a distance of 200 feet from the intersection of the center lines.

[Amended 7-14-1993 by Ord. No. 30-1993; 6-8-1994 by Ord. No. 25-1994; 7-12-2000 by Ord. No. 7-2000; 2-4-2004 by Ord. No. 3-2004]

	TABLE 1
	Street Design Guidelines
	Design Item		Local Street (feet)	Collector Street (feet)
	Right-of-way width		50	66
	Pavement width		30	36
	Type of curb		Belgian Block Vertical (curb type to be determined by the Planning Board)	Vertical
	Sidewalk width		4	4
	Separation between curb and sidewalk		4 1/2	4 1/2
	Combination sidewalk/bicycle path width		4 to 6	4 to 6
	Minimum center line offset of adjacent intersection
		Local-local	125	—
		Local-collector	150	—
		Collector-arterial	200	—
	Minimum spacing along major traffic route		—	1,300
	Minimum sight distance		110 to 2001	150 to 2501
	Minimum center line radius of curves
		Superelevated	110 to 2501	175 to 3501
		Not superelevated	180 to 4301	280 to 5801
	Minimum tangent between adjacent curves		100	100
	Minimum curb return radius at intersections		15	20 to 25
	Minimum/maximum cul-de-sac (length)		100/1,000	—
	Minimum radius of right-of-way for cul-de-sac turnaround area		60	—
	NOTES: 1Varies with terrain.

The Township has classified certain existing streets as arterial, collector and connector roadways and established a corresponding right-of-way for each one. The minimum street right-of-way shall be measured from lot line to lot line and shall be in accordance with Table 2.

	TABLE 2 Roadway Functional Classification System
	Road Name	Terminal Points	Classification	Right-of-Way (feet)
	Ridge Avenue	Black Horse Pike to Mill Road, CR 662	Arterial	72
	West Jersey Avenue	Black Horse Pike to Hamilton Township	Arterial	72
	Reega Avenue	Hamilton Township to English Creek Avenue	Arterial	72
	Ridge Avenue	Black Horse Pike to Delilah Road, CR 646	Collector	66
	Ridge Avenue	Mill Road, CR 662 to Leap Street	Collector	66
	Leap Street	Ocean Heights Avenue, CR Alt 559 to Delaware Avenue	Collector	66
	Delaware Avenue	Mill Road, CR 662 to Old Zion Road	Collector	66
	Robert Best Road	Zion Road, CR 615 to Steelmanville Road, CR 651	Collector	66
	Fernwood Avenue	Black Horse Pike to Main Street	Collector	66
	Tremont Avenue	Delilah Road to West Jersey Avenue	Collector	66
	Ivins Avenue	Black Horse Pine to West Jersey Avenue	Collector	66
	Doughty Road	Pleasantville to Westcoat Road, CR 685	Collector	66
	Dogwood Avenue	Hamilton Township to Tremont Avenue	Collector	66
	Ninth Avenue	Tremont Avenue to Ridge Avenue	Collector	66
	Atlas Lane Road	Hamilton Township to Sycamore Avenue	Collector	66
	Spruce Avenue Goldenrod Lane	Black Horse Pike to Tilton Road	Connector	56
	Fernwood Avenue	Main Avenue to Delaware Avenue	Connector	56
	Tremont Avenue	West Jersey Avenue to Delaware Avenue	Connector	56
	Ivins Avenue	West Jersey Avenue to Mill Road, CR 662	Connector	56
	Winnipeg Avenue	Dogwood Avenue to Ocean Heights Ave, CR Alt 559	Connector	56
	Alder Avenue	Dogwood Avenue to Ocean Heights Avenue, CR Alt 559	Connector	56

B. The pavement width of streets and the quality of surfacing and base materials shall adhere to the minimum standards set forth by the Township, county or state engineers when said paving concerns roads under their jurisdiction and where such standards exist. Streets under the jurisdiction of the Township shall be designated with the following standards:

[Amended 7-14-1993 by Ord. No. 30-1993; 6-8-1994 by Ord. No. 25-1994; 5-26-2010 by Ord. No. 15-2010]

(1) The minimum requirements of any new street shall be according to the specifications and procedures as set forth in the New Jersey Department of Transportation Standard Specifications (1993) with addenda or the New Jersey Residential Site Improvement Standards.

(2) The minimum design requirements for local streets shall be as follows: Total asphalt thickness for all pavements shall be five inches; three inches of HMA base course mix 19M-64 to be laid and used as running surface until all settlement is complete, then brought to final grade with a two-inch hot mix asphalt surface course mix 9.5M-64 overlay and such additional material as shall be needed to repair and compensate for settlement. The minimum subbase shall be six inches of soil aggregate designation 1-5, recycled asphalt pavement (RAP), recycled concrete or other material as may be approved by the Board Engineer.

(3) The minimum design requirements for collector streets shall be as follows: Total asphalt thickness for all pavements shall be five inches; three inches of HMA base course mix 19M-64 to be laid and used as running surface until all settlement is complete, then brought to final grade with a two-inch hot mix asphalt surface course mix 9.5M-64 overlay and such additional material as shall be needed to repair and compensate for settlement. The minimum subbase shall be six inches of soil aggregate designation 1-5, recycled asphalt pavement (RAP), recycled concrete or other material as may be approved by the Board Engineer.

C. Longitudinal grades on all streets shall not exceed 8% and shall be no less than 1/2 of 1%. The maximum grade of any new street approaching an intersection shall not exceed 2% within 100 feet of the middle of the intersection.

D. A parabolic crown shall be provided on all roadways. Where the cartway is banked to facilitate a curve in the street alignment, the crown shall conform to accepted engineering design.

E. All changes in grade where the algebraic 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.

F. A tangent of at least 100 feet shall be introduced between reverse curves.

G. Horizontal curves at all ninety-degree bends shall have a minimum radius of 100 feet along the inside curve line.

H. Intersecting street center lines shall be as nearly at right angles as possible, and in no case shall they be less than 75º 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 50 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 have at least 250 feet between the two street center lines. Intersections shall be rounded at the curbline with the street having the highest radius requirement as outlined below determining the minimum standard for all curblines:

(1) Arterials: 40 feet.

(2) Collectors: 35 feet.

(3) Local: 30 feet.

I. Any development abutting an existing street classified as an arterial or collector shall be permitted only one new street connecting with the same side of the existing street, except that, where frontage is sufficient, more than one street may intersect the arterial or collector street, provided that the streets shall not intersect with the same side of the existing street at intervals of less than 1,300 feet.

J. Cul-de-sacs of a permanent nature (where provision for future extension of the street to the boundary of the adjoining property is impractical or impossible) or of a temporary nature (where provisions is made for the future extension of the street to the boundary line of adjoining property) shall conform to the following standards:

[Amended 7-14-1993 by Ord. No. 30-1993; 6-8-1994 by Ord. No. 25-1994]

(1) The length varies inversely with the density of development; however, in no case shall such length exceed 1,000 feet.

(2) A turnaround at the end with a curbline radius of 50 feet, plus a utility strip of 10 feet around the entire cul-de-sac. The center point for the radius shall be on the center line of the associated street or, if offset, offset to a point where the radius becomes tangent to one of the curblines of the associated street.

(3) The cul-de-sac must be designed to maintain a minimum grade of 1/2 of 1% around the curbline.

(4) If temporary, provisions shall be made by the developer for removal of the turnaround and reversion of the excess right-of-way to the adjoining properties when the street is extended.

(5) Cul-de-sacs shall not be used to provide access to more than 25 lots.

K. No street shall have a name which will duplicate or so nearly duplicate the name of an existing street that confusion results. The continuation of an existing street shall have the same name. Curvilinear streets shall change their names only at street intersections. The Board shall reserve the right to approve the names of streets within a proposed development.

L. The approval of the Planning Board or other Township agency of any map of land delineating streets shall in no way be construed as an acceptance of any street indicated thereon.

M. In major developments, there should be at least two means of site ingress and egress to distribute traffic safely and ensure adequate access by emergency vehicles.

N. Four-way stop intersections should be avoided.

§ 94-47 Coordination with surrounding streets.

A. The street system of a subdivision shall be coordinated with existing, proposed and anticipated streets outside the subdivision or outside the portion of a single tract that is being divided into lots (surrounding streets) as provided in this section.

B. Collector streets shall intersect with surrounding collector or arterial streets at safe and convenient locations.

C. Local streets shall connect with surrounding streets where necessary to permit the convenient movement of traffic between residential neighborhoods or to facilitate access to neighborhoods by emergency service vehicles or for other sufficient reasons, but connections shall not be permitted where the effect would be to encourage the use of such streets by substantial through traffic.

[Amended 7-14-1993 by Ord. No. 30-1993]

D. Whenever connections to anticipated or proposed surrounding streets are required by this section, the street right-of-way shall be extended and the street developed to the property line of the subdivided property (or to the edge of the remaining undeveloped portion of a single tract) at the point where the connection to the anticipated or proposed street is expected. In addition, the permit-issuing authority may require temporary turnarounds to be constructed at the end of such streets pending their extension when such turnarounds appear necessary to facilitate the flow of traffic or accommodate emergency vehicles. Notwithstanding the other provisions of this section, no temporary dead-end street in excess of 1,000 feet may be created unless no other practical alternative is available.

§ 94-48 Street layout.

A. Subcollector, local and minor residential streets shall be curved whenever practicable to the extent necessary to avoid conformity of lot appearance.

B. Cul-de-sacs and loop streets are encouraged so that through traffic on residential streets is minimized. Similarly, to the extent practicable, driveway access to collector streets shall be minimized to facilitate the free flow of traffic and avoid traffic hazards.

[Amended 7-14-1993 by Ord. No. 30-1993]

C. Half streets (i.e., streets of less than the full required right-of-way and pavement width) shall not be permitted except where such streets, when combined with a similar street (developed previously or simultaneously) on property adjacent to the subdivision, create or comprise a street that meets the right-of-way and pavement requirements of this chapter.

§ 94-49 Street and traffic control signs.

A. Design and placement of traffic signs shall follow the requirements specified in the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the United States Department of Transportation and adopted by the New Jersey Department of Transportation and any addenda.

B. At least two street name signs shall be placed at each four-way street intersection and one at each T-intersection. Signs shall be installed under light standards and free of visual obstruction. The design of street name signs should be consistent, of a style appropriate to the community, of a uniform size and color and erected in accordance with local standards. Stop and street name signs shall be required at all intersections involving bicycle paths.

C. Site information signs in planned developments shall follow a design theme related and complementary to other elements of the overall site design.

D. The subdivider shall provide and install one two-inch galvanized iron pipe, firmly set in concrete. The top of the pipe shall be 10 feet above final grade. Street signs and mounting brackets shall be provided by the Township. The subdivider shall submit a written request to the Superintendent of Public Works to provide the necessary street signs and shall allow 15 working days for preparation of the signs. All signs shall be installed to the satisfaction of the Township Engineer.

§ 94-50 Street furniture.

Street furniture should be provided throughout the development and be located where demand requires. Street furniture shall be of good quality and be consistent with the surrounding environment. Such furniture may include phone booths, benches, mail and meter boxes, lighting standards, directional signs, fire hydrants, fences and walls, trash receptacles, bike racks, paving and steps and bus shelters.

A. Bus shelters should be provided at major intersections, if necessary.

B. Trash receptacles should be provided near recreation activities, bus shelters and places where people naturally congregate.

C. Benches should be provided in areas of recreation and other waiting or resting areas. Summer shade and winter sun should be considered in their placement.

D. A sign and street furniture plan must be submitted for review and approval as part of the development application.

§ 94-51 Streetlighting.

Streetlighting of a type and standard supplied by the utility company and a type and number approved by the Township shall be installed for safety at street intersections, along walkways, at entryways, between buildings and in parking areas as deemed necessary by the Township Planner and/or Engineer. Wherever this chapter requires the installation of electric utility installations underground, the developer shall provide for the installation of underground service for streetlighting. Lighting shall be provided in accordance with a plan designed by the utility company or using as a guideline the standards set forth in the IES Lighting Handbook and revisions.

§ 94-52 Telephone service.

Every principal use and every lot within a subdivision must have available to it a telephone service cable adequate to accommodate the reasonable needs of such use and every lot within such subdivision. Compliance with this requirement shall be determined as follows:

A. If the use is not a subdivision and is located on a lot that is served by an existing telephone line and the use can be served by a simple connection to such power line (as opposed to a more complex distribution system, such as would be required in an apartment complex or shopping center), then no further certification is necessary.

B. If the use is a subdivision or is not located on a lot served by an existing telephone line or a substantial internal distribution system will be necessary, then the telephone utility company must review the proposed plans and certify to the Township that it can provide service that is adequate to meet the needs of the proposed use and every lot within the proposed subdivision.

§ 94-53 Underground utilities.

A. All electric power lines (not to include transformers or enclosures containing electrical equipment, including but not limited to switches, meters or capacitors which may be pad mounted), telephone, gas distribution and cable television lines in subdivisions constructed after the effective date of this chapter shall be placed underground in accordance with the specifications and policies of the respective utility service providers when practical. Utility and distribution lines located on or adjacent to active agricultural operations shall be exempt from this requirement.

B. Whenever an unsubdivided development is hereafter constructed on a lot that is undeveloped on the effective date of this chapter, then all electric power, telephone, gas distribution and cable television lines installed to serve the development that are located on the development site outside of a previously existing public street right-of-way shall be placed underground in accordance with the specifications and policies of the respective utility companies.

C. Where overhead lines are permitted as the exception, the placement and alignment of poles shall be designed to lessen the visual impact of these lines as follows: alignments and pole locations shall be carefully routed to avoid locations along horizons; clearing swaths through treed areas shall be avoided by selective cutting and a staggered alignment; trees shall be planted in open areas and at key locations to minimize the view of the poles and the alignments; and alignments shall follow rear lot lines and other alignments.

D. Year-round screening with vegetation from adjacent uses in accordance with § 225-50.9 of Chapter 225 shall be required of any utility apparatus appearing above the surface of the ground, other than utility poles.

[Amended 7-14-1993 by Ord. No. 30-1993]

E. Whenever it can reasonably be anticipated that utility facilities constructed in one development will be extended to serve other adjacent or nearby developments, such utility facilities (e.g., water or sewer lines) shall be located and constructed so that extensions can be made conveniently and without undue burden or expense or unnecessary duplication of service.

F. All utility facilities shall be constructed in such a manner as to minimize interference with pedestrian or vehicular traffic and to facilitate maintenance without undue damage to improvements or facilities located within the development.

§ 94-54 Public utilities.

All public services shall be connected to an approved public utilities system where one exists.

A. Except as permitted under the provisions of Subsection B of this section, the developer shall arrange with the servicing utility for the underground installation of all utility distribution supply lines and service connections.

B. The developer may be required to submit to the approving authority, 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 utilities overhead. 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 overhead lines, such new facilities shall be installed underground as per § 94-53.

C. Any installation under this section to be performed by a servicing utility shall be exempt from required performance guaranties.

D. Public utility uses, such as water towers, pumping stations, electric substations, radio towers, transmission lines and switching stations, which must be provided aboveground, may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

(1) A statement is submitted setting forth the reasons that the proposed installation must be provided aboveground in a specific location and why it is necessary and convenient for the efficiency of the public utility system or for the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.

(2) The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.

(3) Adequate and attractive fences and other safety devices will be provided.

(4) Sufficient landscaping, including shrubs, trees and lawn, are provided and will be regularly maintained.

E. All electric transmission lines shall be located on existing towers or underground to the maximum extent practical.

§ 94-55 Water supply.

A. Water supply system.

(1) Connection to existing system.

(a) Subdivisions shall be connected to an existing public water system if public service is available within the following distances:

[1] Two hundred feet for one-unit developments.

[2] Four hundred feet for two-unit developments.

[3] Six hundred feet for three-unit developments.

[4] Eight hundred feet for four-unit developments.

[5] One thousand feet for five-unit to fifteen-unit developments.

(b) For developments of greater than 15 units which are within one mile of an existing public water system, adequate justification should be provided as to why they should not provide a connection to the existing public water system.

(c) For developments of greater than 15 units which are more than one mile from an existing system, the water supply strategy shall be determined on a case-by-case basis taking into consideration the density of the development, economic considerations and groundwater availability and quality.

(2) If a public water supply system will be provided to the area within a six-year period as indicated in the Township's Master Plan, Official Map or other official document, the Township may require installation of a capped system or dry lines (mains only) within the road right-of-way; or, alternatively, the Township may require a payment in lieu of the improvement.

(3) All proposals for new public community water supplies or extensions to existing public community water supply systems exceeding $150,000 in construction costs must receive a permit from the Bureau of Safe Drinking Water in the NJDEPE prior to the construction and use of the water supply facilities.

(4) All installations shall be properly connected with an approved and functioning public community water system, either regulated by the Board of Public Utilities or owned and operated by the Township or its utility authority, prior to the issuance of a certificate of occupancy.

(5) 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 and/or state agency having approval authority and shall be subject to their approval. The system shall also be designed with adequate capacity and sustained pressure for present and probable future development needs.

(6) Where water distribution systems are installed outside streets, easements or rights-of-way shall be required.

(7) Every principal use and every lot within a subdivision shall be served by a water supply system that is adequate to accommodate the reasonable needs of such use or subdivision lot and that complies with all applicable health regulations.

(8) Primary responsibility for determining whether a proposed development will comply with the standards set forth in Subsection C often lies with an agency other than the Township, and the developer must comply with the detailed standards and specifications of such other agency. Whenever any such agency requires detailed construction or design drawings before giving its official approval to the proposed water supply system, the authority issuing a permit under this section may rely upon preliminary review by such agency of the basic design elements of the proposed water supply system to determine compliance with Subsection C. However, construction of any such system may not be commenced until the detailed plans and specifications have been reviewed and any appropriate permits issued by such agency.

B. Capacity.

(1) The water supply system shall be adequate to handle the necessary flow based on complete development.

(2) The demand rates for all uses shall be considered in computing the total system demand. Where fire protection is provided, the system should be capable of providing the required fire demand plus the required domestic demand.

(3) Average daily residential consumption can be computed in accordance with the housing unit type and size data as derived from recognized standards.

(4) Nonresidential flows can be computed in accordance with recognized standards.

(5) Fire protection shall be furnished for any development connected to the municipally owned or centralized water supply system.

(6) Minimum fire flows shall be based on recommendations by the American Insurance Association and the National Board of Fire Underwriters.

C. System design and placement. System design and placement shall comply with all applicable NJDEPE, American Water Works Association (AWWA) and municipal standards, with the strictest standards governing.

§ 94-56 (Reserved) [1]

[1] Editor's Note: Former § 94-56, Wetlands, was repealed 2-24-1993 by Ord. No. 6-1993.

§ 94-57 Personal wireless telecommunications facilities and equipment.

[Added 3-14-2001 by Ord. No. 8-2001]

A. The purpose of this section is to provide procedures and regulations for personal wireless telecommunications facilities to protect the Egg Harbor Township community from the visual or other adverse impacts of these facilities, while encouraging their unobtrusive development to provide the benefits of comprehensive wireless telecommunications services to the Egg Harbor Township community, its residents and businesses. The Township expresses a preference that antennas be located on existing buildings and towers, on municipal or other public property, rather than newly constructed telecommunications towers; and further encourages collocation and site sharing of new and existing PWTFs.

B. As used in this section, the following terms shall be defined as indicated:

ANTENNA

A system of electrical conductors that transmit or receive radio frequency signals for wireless communications.

ANTENNA SUPPORT STRUCTURE

A structure other than a telecommunications tower which is attached to a building upon which one or more antennas are located.

COLLOCATION

Use of a common PWTF or a common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a PWTF on a structure owned or operated by a utility or other public entity.

EGG HARBOR TOWNSHIP COMMUNITY

Included in the community is all area within the borders of the Township of Egg Harbor, in the County of Atlantic, State of New Jersey.

PERSONAL WIRELESS TELECOMMUNICATIONS EQUIPMENT FACILITIES (PWTEFs)

Accessory facilities serving and subordinate in area, extent and purpose to, and on the same lot as, a telecommunications tower or antenna location. Such facilities include, but are not limited to, transmission equipment, storage sheds, storage buildings, and security fencing.

PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES (PWTFs)

Facilities for the provision of wireless communications services, including, but not limited to, antennas, antenna support structure, telecommunications towers, and related facilities other than PWTEFs.

TELECOMMUNICATIONS TOWER

A freestanding structure on which one or more antennas are located, including lattice towers, guyed towers, monopoles and similar structures.

WIRELESS COMMUNICATIONS

Any personal wireless services as defined in the Federal Telecommunications Act of 1996 (FTA) which includes FCC licensed commercial wireless telecommunications services, including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas, nor does it include noncellular telephone service.

C. Development standards.

(1) Application. Applications shall be submitted to the appropriate land use board for new PWTFs, modification to existing PWTFs, and collocation on existing PWTFs or on existing buildings.

(2) Height standards. Where permitted, new PWTFs may be constructed to a maximum height of 120 feet above ground level. The maximum height of 150 feet above ground level shall be approved, provided the proposed installation of the PWTF is for the collocation of at least three other carriers on the PWTF. Any PWTF mounted on an existing building or structure shall not extend beyond the overall height of any such building or structure by more than 10 feet. PWTEFs are limited to 15 feet in height.

(3) Setback standards. All PWTF and PWTEF shall be subject to a minimum yard requirement of 1/2 the height of the PWTF or the minimum yard requirements of the zoning district in which it is located, whichever is greater. The appropriate land use board, where necessary to address safety concerns, may increase the minimum setback requirement. If PWTEFs are located on the roof of a building, the area of the PWTEFs and other equipment and structures shall not occupy more than 25% of the roof area.

(4) Pinelands Comprehensive Management Plan. All PWTF and PWTEF subject to the provisions herein which are located within the Pinelands Area shall comply with the standards of N.J.A.C. 7:50-5.4 of the Pinelands Comprehensive Management Plan and any comprehensive plan for such facilities approved by the Pinelands Commission in accordance with N.J.A.C. 7:50-5.4(c)6.

D. Location priority. If needed in accordance with an overall comprehensive plan for the provision of full wireless communications service within the Egg Harbor Township community, PWTFs and PWTEFs shall be permitted at the following prioritized locations:

(1) The first priority location shall be on lands or structures in any nonresidential zone owned by Egg Harbor Township or government entities;

(2) The second priority location shall be on lands or structures in any nonresidential zone owned by the Egg Harbor Township Regional School District;

(3) The third priority location shall be collocation on existing PWTFs (or existing water tanks), provided that the new installation does not increase the height by more than 10 feet; and

(4) The fourth priority location shall be such locations as the applicant proves are essential to provide required service to the Egg Harbor Township community.

(5) Locations approved in the Pinelands Comprehensive Management Plan shall serve as evidence of the need for a PWTF in a general area but not as to the need for any specific site.

E. Conditional use standards. All PWTF and PWTEF shall be located to minimize visual impacts on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher priority category under § 94-57D shall be deemed more acceptable than lower priority sites.

(1) Sites for PWTFs and PWTEFs must demonstrate that they provide the least visual impact on residential areas and public rights-of-way. All potential visual impacts must be analyzed to demonstrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility.

(2) PWTEFs should be located to avoid being visually solitary or prominent when viewed from residential areas and the public right-of-way. The facility should be obscured by vegetation, tree cover, topographic features and/or other structures to the maximum extent feasible.

(3) PWTFs and PWTEFs shall be placed to ensure that existing viewscapes, streetscapes, and landscapes are protected. The views of and vistas from architecturally and/or significant structures should not be impaired or diminished by the placement of telecommunication facilities.

F. Site design standards. The following design standards shall apply to PWTFs and PWTEFs installed or constructed pursuant to the terms of this section:

(1) Collocation. Ordinance limitation on the number and placement of structures on a lot (e.g., §§ 225-12 and 225-13 of the Township Code) shall not apply when PWTF and PWTEF are located on a lot with buildings or structures already on it.

(2) Fencing and other safety devices. PWTFs and PWTEFs shall be surrounded by a security fence. The security fence shall be chain link, eight feet in height and shall be topped with three strands of barbed wire placed at a forty-five-degree outward angle. All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed, and as approved by the Planning Board.

(3) Landscaping. Landscaping shall be provided along any side of the security fence that is adjacent to residential property. The landscaping shall consist of an evergreen hedge eight feet to 10 feet in height at planting time. Required front yard setback areas shall be landscaped with low-growing shrubs that will not impair the view of the security area by public safety personnel.

(4) Signs. Signs shall not be permitted except for signs displaying owner contact information, warnings, equipment information, and safety instructions. Such signs shall not exceed two square feet in area. No commercial advertising shall be permitted on any PWTF or PWTEF.

(5) Color. PWTFs shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).

(6) Activity and access. All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for on-site maintenance and thereby to minimize the need for vehicular trips to and from the site. Access shall be from established site access points whenever possible. Minimal off-street parking shall be permitted as needed and as approved by the Planning Board.

(7) Dish antennas. Dish antennas shall be colored, camouflaged or screened to make them as unobtrusive as possible, and in no case shall the diameter of a dish antenna exceed six feet. Any dish antenna installed to meet federal, state, county, or local government public safety requirements is exempt from this requirement.

(8) Lighting. No lighting is permitted except as follows:

(a) PWTEFs enclosing electronic equipment may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and

(b) No lighting is permitted on a PWTF except lighting that specifically is required by the Federal Aviation Administration, and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.

(9) Monopole. Any proposed new telecommunications tower shall be a monopole unless the applicant can demonstrate that a different type pole is necessary for the collocation of additional antennas on the tower. Such towers may employ camouflage technology.

(10) Noise. No equipment shall be operated so as to produce noise in excess of the limits set by the local Noise Ordinance,[1] except for in emergency situations requiring the use of a backup generator.

[1] Editor's Note: See Ch. 158, Noise.

(11) Radio frequency emissions. The FTA gives the FCC sole jurisdiction of the field of regulation of radio frequency (RF) emission and PWTFs which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide current FCC information concerning PWTFs and radio frequency emission standards. PWTFs shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.

(12) Structural integrity. PWTFs must be constructed to the Electronic Industries Association/Telecommunications Industries Association 222 Revision F Standard (ANSI/TIA/EIA-222-F-96) entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.

(13) Maintenance. PWTFs shall be maintained to assure their continued structural integrity. The owner of the PWTF shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.

G. Collocation policy.

(1) The Municipal Engineer shall maintain an inventory of existing PWTF locations within or near the Egg Harbor Township community.

(2) An applicant proposing a PWTF at a new location as defined under § 94-57D shall first demonstrate that it made a reasonable attempt to find a collocation site acceptable to engineering standards and that none was practically or economically feasible.

(3) Each application for a PWTF shall be accompanied by a plan which shall reference all existing PWTF locations in the applicant's Egg Harbor Township community inventory, any such facilities in the abutting towns which provide service to areas within the Egg Harbor Township community and any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities.

(4) Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs, and the reason why the subject site was chosen. The analysis shall address the following issues:

(a) How the proposed location of the PWTF relates to the objective of providing full wireless communications services within the Egg Harbor Township community at the time full service is provided by the applicant throughout the Egg Harbor Township community;

(b) How the proposed location of the proposed PWTF relates to the location of any existing antennas within and near the Egg Harbor Township community;

(c) How the proposed location of the proposed PWTF relates to the anticipated need for additional antennas within and near the Egg Harbor Township community by the applicant and by other providers of wireless communications services within the Egg Harbor Township community;

(d) How the proposed location of the proposed PWTF relates to the objective of collocating the antennas of many different providers of wireless communications services on the same PWTF; and

(e) How its plan specifically relates to and is coordinated with the needs of all other providers of wireless communications services within the Egg Harbor Township community.

(5) The appropriate land use board may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis. The applicant shall bear the reasonable cost associated with such consultation, which cost shall be deposited in accordance with Egg Harbor Township's escrow provisions.

H. Abandonment or discontinued use of PWTFs.

(1) Abandonment. Any PWTF that is not operated for a continuous period of 12 months shall be considered abandoned. If there are two or more users of a single PWTF, then the abandonment shall not become effective until all users cease using the PWTF for a continuous period of 12 months. The owner of such PWTF shall remove same within 90 days of notice from the Zoning Officer that the PWTF is abandoned. If such PWTF is not removed within said 90 days, the municipality may remove such PWTF at the owner's expense.

(2) Discontinuance. In the event of discontinuance, if the facility is to be retained, the owner shall establish, in writing, to the Township that the facility will be reused within one year of such discontinuance. If a facility is not reused within one year, a demolition permit shall be obtained and the facility removed. At the discretion of the Zoning Officer, upon good cause shown, the one-year reuse period may be extended for a period not to exceed one additional year.

I. Nonconforming PWTFs. PWTFs in existence on the date of the adoption of this section, which do not comply with the requirements of this section (nonconforming PWTFs) are subject to the following provisions.

(1) Nonconforming PWTFs may continue in use for the purpose now used, but may not be expanded without complying with this section.

(2) Nonconforming PWTFs which are partially damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor, but without otherwise complying with this section. If this destruction is greater than 50%, then repair or restoration will require compliance with this section.

(3) The owner of any nonconforming PWTF may repair, rebuild and/or upgrade (but not expand such PWTF or increase its height or reduce its setbacks) in order to improve the structural integrity of the facility, to allow the facility to accommodate collocated antennas or facilities, or to upgrade the facilities to current engineering, technological or communications standards, without having to conform to the provisions of this section.

J. Additional site plan submission requirements. In addition to the applicable documentation and items of information required for site plan approval, the following additional documentation and items of information are required to be submitted to the land use board for review and approval as part of the site plan submission:

(1) Report, signed by a qualified expert, documenting the capacity of any proposed PWTF for the number and type of antennas;

(2) Report, signed by a qualified expert, documenting that any proposed PWTF will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association (TIA) have been met;

(3) A letter of intent by the applicant, in a form which is reviewed and approved by the Township Solicitor, indicating that the applicant will share the use of any PWTF with other approved providers of wireless communication services; and

(4) A visual impact study, graphically simulating through models, computer-enhanced graphics, or similar techniques, the appearance of any proposed tower and indicating its view from at least the five locations around and within one mile of the proposed PWTF where the PWTF will be most visible. Aerial photographs of the impact area shall also be submitted.