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.
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.
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.
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.
[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.
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.
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.
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.
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:
(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.
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:
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]
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]
The board shall, when reviewing all major development
applications, consider energy conservation techniques. Such techniques
shall include but not be limited to:
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.
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.
[1]
Editor's Note: Former § 94-16, Fences,
as amended, was repealed 10-11-2006 by Ord. No. 49-2006.
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.
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.
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]
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.
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.
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.
[Amended 7-14-1993 by Ord. No. 30-1993; 6-8-1994 by Ord. No. 25-1994; 6-25-1997 by Ord. No. 24-1997; 7-13-2005 by Ord. No. 39-2005; 10-11-2006 by Ord. No. 49-2006; 6-14-2023 by Ord. No. 13-2023]
A.
All applications for major site plan and major subdivision approval
shall include a landscaping plan prepared by a licensed landscape
architect with an appropriate signature and seal. At a minimum, the
information contained on the plan shall include the following:
(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.
(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, soil amendments,
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 plan.
(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:
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 grasses 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.
(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:
(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 shall be planted. The area between trees shall
be planted with shrubs or ground cover and 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 40 per 1,000 linear feet), evergreen
trees (approximately 20 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
|
40
|
Evergreen trees
|
20
|
Ornamental trees
|
5
|
Shrubs
|
25
|
[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 100-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.
(b)
Perimeter basin landscape plantings shall meet the following
minimum sizes:
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:
Plant Type
|
Number of Plants
(per 1,000 linear feet)
|
---|---|
Shade trees
|
40
|
Evergreen trees
|
20
|
Ornamental trees
|
5
|
Shrubs
|
25
|
(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.
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.
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.
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)].
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)
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.
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.
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.
[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.
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.
[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:
(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:
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.
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.
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:
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:
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.
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.
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.
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]
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.
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.
(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.
[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.
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.
(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]
(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.
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.
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]
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:
(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:
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.
(Reserved)
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.
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.
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.
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:
[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; 12-13-2006 by Ord. No. 77-2006; 6-22-2011 by Ord. No. 21-2011; 6-20-2012 by Ord. No. 26-2012; 3-13-2013 by Ord. No. 5-2013; 3-17-2021 by Ord. No. 14-2021; 4-5-2023 by Ord. No. 9-2023]
A.
Scope and purpose.
(1)
Policy statement. Flood control, groundwater recharge, erosion control
and pollutant reduction shall be achieved using stormwater management
measures, including green infrastructure best management practices
(BMPs) and nonstructural stormwater management strategies. Green infrastructure
BMPs and low-impact development should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. Green infrastructure BMPs and low-impact development
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 contained in this section.
(2)
Purpose. The purpose of this section is to establish, within the
Pinelands Area and non-Pinelands Area portions of Egg Harbor Township,
minimum stormwater management requirements and controls as authorized
by the Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.) and consistent
with the Pinelands Comprehensive Management Plan (CMP) (N.J.A.C. 7:50-1.1
et seq.) and the New Jersey Department of Environmental Protection
(NJDEP) Stormwater Management Regulations (N.J.A.C. 7:8-1.1 et seq.).
The standards in this section are intended to minimize the adverse
impact of stormwater runoff on water quality and water quantity, to
facilitate groundwater recharge, and to control and minimize soil
erosion, stream channel erosion, sedimentation and pollution associated
with stormwater runoff. Moreover, Pinelands Area resources are to
be protected in accordance with the antidegradation policies contained
in the New Jersey Surface Water Quality Standards (N.J.A.C. 7:9B-1.1
et seq.). Additionally, this section is intended to ensure the adequacy
of existing and proposed culverts and bridges and to protect public
safety through the proper design and operation of stormwater BMPs.
If there are any conflicts between a provision required by the Pinelands
CMP and a provision required by the NJDEP, the Pinelands CMP provision
shall apply within Pinelands Areas and all other non-Pinelands Areas
shall comply with the NJDEP N.J.A.C. 7:8-1.1 et seq.
(3)
Applicability.
(a)
The terms "development," "major development" and "minor development" are defined in § 94-44B in accordance with the Pinelands CMP (N.J.A.C. 7:50-2.11) and differ from the definitions of "development" and "major development" contained in the NJDEP Stormwater Management Regulations (N.J.A.C. 7:8-1.2).
(b)
This section shall apply within the Pinelands Area to all major
development, and to minor development meeting the following criteria:
[1]
Development involving the construction of four or fewer dwelling
units;
[2]
Development involving any nonresidential use and resulting in
an increase of greater than 1,000 square feet of regulated motor vehicle
surfaces; and
[3]
Development involving the grading, clearing, or disturbance
of an area in excess of 5,000 square feet within any five-year period.
For development meeting this criterion, the stormwater management
standards for major development set forth in this section shall apply.
(4)
Compatibility with other permit and ordinance requirements.
(a)
Development approvals issued pursuant to this section are to
be considered an integral part of development approvals and do not
relieve the applicant of the responsibility to secure required permits
or approvals for activities regulated by any other applicable code,
rule, act, or ordinance. In their interpretation and application,
the provisions of this section shall be held to be the minimum requirements
for the promotion of the public health, safety, and general welfare.
(b)
This section is not intended to interfere with, abrogate, or
annul any other ordinances, rule or regulation, statute, or other
provision of law except that, where any provision of this section
imposes restrictions different from those imposed by any other ordinance,
rule or regulation, or other provision of law, the more restrictive
provisions or higher standards shall control.
(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 Pinelands Commission for certification
within six months of the adoption of the RSWMP per N.J.A.C. 7:8 and
the Pinelands CMP.
(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.
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
COUNTY REVIEW AGENCY
DESIGN ENGINEER
DEVELOPMENT
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(2)
DISTURBANCE
DRAINAGE AREA
EGG HARBOR TOWNSHIP
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HIGH POLLUTANT LOADING AREAS
HUC 14 or HYDROLOGIC UNIT CODE 14
HUC-11 or HYDROLOGIC UNIT CODE 11
IMPERVIOUS SURFACE
IN-LIEU CONTRIBUTION
INFILTRATION
MAJOR DEVELOPMENT
MINOR DEVELOPMENT
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NUTRIENT
PERMEABILITY
PERSON
POLLUTANT
RECHARGE
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
SEASONAL HIGH WATER TABLE
SEDIMENT
SITE
SOIL
SOURCE MATERIAL
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER RUNOFF
WATERS OF THE STATE
WETLAND TRANSITION AREA
WETLANDS or WETLAND
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the NJDEP Stormwater Management
Rules at N.J.A.C. 7:8-1.2 unless otherwise defined in the Pinelands
CMP at N.J.A.C. 7:50-2.11 in which case the definition corresponds
to the CMP definition.
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this chapter.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
An agency designated by the County Commissioners to review
municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
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.
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 change in type of use of a structure or land;
A reconstruction, alteration of the size, or material change
in the external appearance of a structure or land;
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;
Commencement of resource extraction or drilling or excavation
on a parcel of land;
Demolition of a structure or removal of trees;
Commencement of forestry activities;
Deposit of refuse, solid or liquid waste or fill on a parcel
of land;
In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
material; and
Alteration, either physically or chemically, of a shore, bank,
or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
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 Board (CAB) and the State
Agricultural Development Committee (SADC), and municipal review of
any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1
et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater runoff, sediments,
or dissolved materials drain to a particular receiving water body
or to a particular point along a receiving water body.
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.
An area or feature which is of significant environmental
value, including but not limited to stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the NJDEP Landscape Project
as approved by the NJDEP Endangered and Nongame Species Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
Areas in industrial and commercial developments where solvents
and/or petroleum products are loaded/unloaded, stored, or applied;
areas where pesticides are loaded/unloaded or stored; areas where
hazardous materials are expected to be present in greater than "reportable
quantities" as defined by the United States Environmental Protection
Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent
with NJDEP-approved remedial action work plan or landfill closure
plan and areas with high risks for spills of toxic materials, such
as gas stations and vehicle maintenance facilities.
An area within which water drains to a particular receiving
surface water body, also known as a "subwatershed," which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
An area within which water drains to a particular receiving
surface water body, also known as a "subwatershed," which is identified
by an eleven-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
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, incorporated herein by reference, as amended
and supplemented, available with user guide and tutorials at http://www.wsi.nrcs.usda.gov/products/W2Q/H&H/Tools
Models/WinTr55.html or at Natural Resources Conservation Service,
220 Davidson Avenue, Somerset, NJ 08873. Such surfaces may have varying
degrees of permeability.
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.
Is the process by which water seeps into the soil from precipitation.
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 grading, clearing
or disturbance of an area in excess of 5,000 square feet.
All development other than major development.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, "motor vehicle" does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation, including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
The manual maintained by the NJDEP providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the NJDEP as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the NJDEP as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the NJDEP's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with § 94-44C(6) and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
The rate at which water moves through a unit area of soil,
rock, or other material at hydraulic gradient of one.
An individual, corporation, public agency, business trust,
partnership, association, two or more persons having a joint or common
interest, or any other legal entity.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, groundwaters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase in motor vehicle surface; and/or
The total area of motor vehicle surface that is currently receiving
water quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant, where the water quality treatment will be modified or removed.
The level below the natural surface of the ground to which
water seasonally rises in the soil in most years.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which development is to occur or has
occurred.
All unconsolidated mineral and organic material of any origin.
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.
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.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
Water flow on the surface of the ground or in storm sewers
resulting from precipitation.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area within 300 feet of any wetland.
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 N.J.A.C. 7:50-2.11, 6.3, 6.4 and 6.5.
C.
Stormwater management requirements.
(1)
Stormwater management measures for development regulated under this
section shall be designed to provide erosion control, groundwater
recharge, stormwater runoff quantity control and stormwater runoff
quality treatment in accordance with this section.
(a)
Major development shall meet the minimum design and performance
standards for erosion control established under the Soil Erosion and
Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules
at N.J.A.C. 2:90 and 16:25A.
(b)
All development regulated under this section shall meet the minimum design and performance standards for groundwater recharge, stormwater runoff quality, and stormwater runoff quantity at § 94-44C(15), (16), and (17) by incorporating green infrastructure as provided at § 94-44C(14).
(2)
All development regulated under this section shall incorporate a maintenance plan for the stormwater management measures in accordance with § 94-44I.
(3)
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species in accordance
with N.J.A.C. 7:8-5.2(c) and N.J.A.C. 7:50-6.27 and 6.33.
(4)
Tables 1, 2, and 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater BMP Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 94-44C(14), (15), (16), and (17). When designed in accordance with the most current version of the New Jersey Stormwater BMP Manual and this section, the stormwater management measures found in Tables 1, 2, and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater BMP Manual to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the NJDEP shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the NJDEP website at https://njstormwater.org/bmp_manual2.htm.
(5)
Where the BMP tables at N.J.A.C. 7:8-5.2(f) differ with Tables 1, 2 and 3 below due to amendment, the BMP tables at N.J.A.C. 7:8-5.2(f) shall take precedence, except that in all cases the lowest point of infiltration must maintain a minimum separation of two feet to seasonal high water table as required by § 94-44C(8)(b), unless otherwise noted.
Table 1: Green Infrastructure BMPs for Groundwater Recharge,
Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
---|---|---|---|---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Cistern
|
0
|
Yes
|
No
|
—
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
|
1(f)
| ||||
Green roof
|
0
|
Yes
|
No
|
—
|
Manufactured treatment device(a),(g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
|
2(b)
|
No(c)
|
2(c)
| |||
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
|
2(b)
|
No(c)
|
1(c)
| |||
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
Small-scale sand filter(a)
|
80
|
Yes
|
Yes
|
2
|
Vegetative filter strip
|
60-80
|
No
|
No
|
—
|
Table 2: Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a Variance from N.J.A.C. 7:8-5.3)
| ||||
---|---|---|---|---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
|
2(b)
|
No(c)
|
1(c)
| |||
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
Standard constructed wetland
|
90
|
Yes
|
No
|
2(i)
|
Wet pond(d)
|
50-90
|
Yes
|
No
|
2(i)
|
Table 3: BMPs for Groundwater Recharge, Stormwater Runoff Quality,
and/or Stormwater Runoff Quantity only with a Variance from N.J.A.C.
7:8-5.3
| ||||
---|---|---|---|---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
Extended detention basin
|
40-60
|
Yes
|
No
|
2
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
Sand filter(c)
|
80
|
Yes
|
No
|
2
|
Subsurface gravel wetland
|
90
|
No
|
No
|
2
|
Wet pond
|
50-90
|
Yes
|
No
|
2(i)
|
NOTES to Tables 1, 2, and 3:
| |
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 94-44C(14)(b).
|
(b)
|
Designed to infiltrate into the subsoil.
|
(c)
|
Designed with underdrains, where stormwater percolates into
the underdrain through the soils and is not directed to the underdrain
by an outlet control structure.
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation.
|
(e)
|
Designed with a slope of less than 2%.
|
(f)
|
Designed with a slope of equal to or greater than 2%.
|
(g)
|
Manufactured treatment devices that meet the definition of "green infrastructure" at § 94-44B.
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at § 94-44B.
|
(i)
|
The top elevation of the impermeable layer or liner must maintain
this two-foot minimum separation to the seasonal high water table.
|
(6)
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the NJDEP and the Pinelands Commission in accordance with § 94-44E(2). Alternative stormwater management measures may be used to satisfy the requirements at § 94-44C(14) only if the measures meet the definition of "green infrastructure" at § 94-44B. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 94-44C(14)(b) are subject to the contributory drainage area limitation specified at § 94-44C(14)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at § 94-44C(14)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with § 94-44J is granted from § 94-44C(14).
(7)
Hydraulic impacts.
(a)
For all major development, groundwater mounding analysis shall
be required for purposes of assessing the hydraulic impacts of mounding
of the water table resulting from infiltration of stormwater runoff
from the maximum storm designed for infiltration. The mounding analysis
shall provide details and supporting documentation on the methodology
used. Groundwater mounds shall not cause stormwater or groundwater
to break out to the land surface or cause adverse impacts to adjacent
water bodies, wetlands, or subsurface structures, including, but not
limited to, basements and septic systems. Where the mounding analysis
identifies adverse impacts, the stormwater management measure shall
be redesigned or relocated, as appropriate.
(b)
For all applicable minor development, a design engineer's
certification that each green infrastructure stormwater management
measure will not adversely impact basements or septic systems of the
proposed development shall be required.
(8)
Design standards for stormwater management measures are as follows:
(a)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; wetland transition areas;
flood-prone areas; slopes; depth to seasonal high water table; soil
type, permeability, and texture; drainage area and drainage patterns;
and the presence of solution-prone carbonate rocks (limestone);
(b)
Stormwater management measures designed to infiltrate stormwater
shall be designed, constructed, and maintained to provide a minimum
separation of at least two feet between the elevation of the lowest
point of infiltration and the seasonal high water table;
(c)
Stormwater management measures designed to infiltrate stormwater
shall be sited in suitable soils verified by testing to have permeability
rates between one inch and 20 inches per hour. A factor of safety
of two shall be applied to the soil's permeability rate in determining
the infiltration measure's design permeability rate. If such
soils do not exist on the parcel proposed for development or if it
is demonstrated that it is not practical for engineering, environmental,
or safety reasons to site the stormwater infiltration measure(s) in
such soils, the stormwater infiltration measure(s) may be sited in
soils verified by testing to have permeability rates in excess of
20 inches per hour, provided that stormwater is routed through a bioretention
system prior to infiltration. Said bioretention system shall be designed,
installed, and maintained in accordance with the New Jersey Stormwater
BMP Manual;
(d)
The use of stormwater management measures that are smaller in
size and distributed spatially throughout a parcel, rather than the
use of a single, larger stormwater management measure, shall be required;
(e)
Methods of treating stormwater prior to entering any stormwater
management measure shall be incorporated into the design of the stormwater
management measure to the maximum extent practical;
(f)
To avoid sedimentation that may result in clogging and reduction
of infiltration capability and to maintain maximum soil infiltration
capacity, the construction of stormwater management measures that
rely upon infiltration shall be managed in accordance with the following
standards:
[1]
No stormwater management measure shall be placed into operation
until its drainage area has been completely stabilized. Instead, upstream
runoff shall be diverted around the measure 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 N.J.A.C. 2:90;
[2]
If, for engineering, environmental, or safety reasons, temporary stormwater management facilities and sediment basins cannot be constructed on the parcel in accordance with Subsection C(8)(f)[1] above, the stormwater management measure may be placed into operation prior to the complete stabilization of its drainage area provided that the measure's bottom during this period is constructed at a depth at least two feet higher than its final design elevation. When the drainage area has been completely stabilized, all accumulated sediment shall be removed from the stormwater management measure, which shall then be excavated to its final design elevation; and
[3]
To avoid compacting the soils below a stormwater management
measure designed to infiltrate stormwater, no heavy equipment, such
as backhoes, dump trucks, or bulldozers, shall be permitted to operate
within the footprint of the stormwater management measure. All excavation
required to construct a stormwater management measure that relies
on infiltration shall be performed by equipment placed outside the
footprint of the stormwater management measure. If this is not possible,
the soils within the excavated area shall be renovated and tilled
after construction is completed. Earthwork associated with stormwater
management measure construction, including excavation, grading, cutting,
or filling, shall not be performed when soil moisture content is above
the lower plastic limit;
(g)
Dry wells shall be designed to prevent access by amphibians
and reptiles;
(h)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm established at § 94-44C(16)(d). For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 94-44G(3)(a);
(i)
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement;
(j)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 94-44G; and
(k)
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of 2 1/2 inches
in diameter.
(9)
Manufactured treatment devices may be used to meet the requirements of this section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the NJDEP. Manufactured treatment devices that do not meet the definition of "green infrastructure" at § 94-44B may be used only under the circumstances described at § 94-44C(14)(d).
(10)
Any application for a new agricultural development that meets the definition of "major development" at N.J.A.C. 7:8-1.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 94-44C(14), (15), (16), and (17) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
(11)
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 94-44C(15), (16), and (17) shall be met in each drainage area, unless the runoff from the drainage areas converge on site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
(12)
Any stormwater management measure authorized under the municipal stormwater management plan or this section shall be reflected in a deed notice recorded in the Atlantic County Clerk's office. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 94-44C(14), (15), (16), and (17) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 94-44I(2)(e). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
(13)
A stormwater management measure approved under the municipal stormwater management plan or this section may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards contained in § 94-44C(15), (16), and (17) and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Atlantic County Clerk's Office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection C(12) above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection C(12) above.
(14)
Green infrastructure standards.
(a)
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards of this section.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at § 94-44C(15) and (16), the design engineer shall utilize BMPs identified in Table 1 at § 94-44C(5) and/or an alternative stormwater management measure approved in accordance with § 94-44C(6). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
Best Management Practice
|
Maximum Contributory Drainage Area
|
---|---|
Dry well
|
1 acre
|
Manufactured treatment device
|
2.5 acres
|
Pervious pavement system
|
Area of additional inflow cannot exceed 3 times the area occupied
by the BMP
|
Small-scale bioretention systems
|
2.5 acres
|
Small-scale infiltration basin
|
2.5 acres
|
Small-scale sand filter
|
2.5 acres
|
(c)
To satisfy the stormwater runoff quantity standards at § 94-44C(17), the design engineer shall utilize BMPs identified in Table 1 or 2 at § 94-44C(5) and/or an alternative stormwater management measure approved in accordance with § 94-44C(6).
(d)
If a variance in accordance with § 94-44J is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3 at § 94-44C(5) and/or an alternative stormwater management measure approved in accordance with § 94-44C(6) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 94-44C(15), (16), and (17).
(e)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at § 94-44C(15), (16), and (17).
(15)
Groundwater recharge standards.
(a)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows:
(b)
For all major development, 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.
(c)
For minor development that involves the construction of four
or fewer dwelling units, the runoff generated from the total roof
area of the dwelling(s) by a ten-year, twenty-four-hour storm shall
be retained and infiltrated through installation of one or more green
infrastructure stormwater management measures designed in accordance
with the New Jersey Stormwater BMP Manual. Appropriate green infrastructure
stormwater management measures include, but are not limited to, dry
wells, pervious pavement systems, and small-scale bioretention systems,
including rain gardens.
(d)
For minor development that involves any nonresidential use and
will result in an increase of greater than 1,000 square feet of regulated
motor vehicle surfaces, the water quality design storm volume generated
from these surfaces shall be recharged on site.
(e)
Stormwater from areas of high pollutant loading and/or industrial stormwater exposed to source material shall only be recharged in accordance with § 94-44C(16)(h).
(16)
Stormwater runoff quality standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of:
[1]
Major development;
[2]
Minor development that involves any nonresidential use and will
result in an increase of greater than 1,000 square feet of regulated
motor vehicle surfaces; and
[3]
Any development involving the grading, clearing, or disturbance
of an area in excess of 5,000 square feet within any five-year period.
(b)
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm established at § 94-44C(16)(d) as follows:
[1]
Eighty percent TSS removal of the anticipated load, expressed
as an annual average, shall be achieved for the stormwater runoff
from the net increase of motor vehicle surface.
[2]
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
(c)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection C(16)(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(d)
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
Table 4: Water Quality Design Storm Distribution
| |||||
---|---|---|---|---|---|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
5
|
0.0083
|
45
|
0.2
|
85
|
1.117
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
8
|
0.01328
|
48
|
0.235
|
88
|
1.1368
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
10
|
0.0166
|
50
|
0.2583
|
90
|
1.15
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.155
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.16
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.165
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.17
|
15
|
0.025
|
55
|
0.3583
|
95
|
1.175
|
16
|
0.03
|
56
|
0.4116
|
96
|
1.18
|
17
|
0.035
|
57
|
0.465
|
97
|
1.185
|
18
|
0.04
|
58
|
0.5183
|
98
|
1.19
|
19
|
0.045
|
59
|
0.5717
|
99
|
1.195
|
20
|
0.05
|
60
|
0.625
|
100
|
1.2
|
21
|
0.055
|
61
|
0.6783
|
101
|
1.205
|
22
|
0.06
|
62
|
0.7317
|
102
|
1.21
|
23
|
0.065
|
63
|
0.785
|
103
|
1.215
|
24
|
0.07
|
64
|
0.8384
|
104
|
1.22
|
25
|
0.075
|
65
|
0.8917
|
105
|
1.225
|
26
|
0.08
|
66
|
0.9117
|
106
|
1.2267
|
27
|
0.085
|
67
|
0.9317
|
107
|
1.2284
|
28
|
0.09
|
68
|
0.9517
|
108
|
1.23
|
29
|
0.095
|
69
|
0.9717
|
109
|
1.2317
|
30
|
0.1
|
70
|
0.9917
|
110
|
1.2334
|
31
|
0.1066
|
71
|
1.0034
|
111
|
1.2351
|
32
|
0.1132
|
72
|
1.015
|
112
|
1.2367
|
33
|
0.1198
|
73
|
1.0267
|
113
|
1.2384
|
34
|
0.1264
|
74
|
1.0383
|
114
|
1.24
|
35
|
0.133
|
75
|
1.05
|
115
|
1.2417
|
36
|
0.1396
|
76
|
1.0568
|
116
|
1.2434
|
37
|
0.1462
|
77
|
1.0636
|
117
|
1.245
|
38
|
0.1528
|
78
|
1.0704
|
118
|
1.2467
|
39
|
0.1594
|
79
|
1.0772
|
119
|
1.2483
|
40
|
0.166
|
80
|
1.084
|
120
|
1.25
|
(e)
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
R = A + B - (A x B)/100
|
Where:
| ||
R
|
=
|
Total TSS percent load removal from application of both BMPs;
|
A
|
=
|
The TSS percent removal rate applicable to the first BMP;
|
B
|
=
|
The TSS percent removal rate applicable to the second BMP.
|
(f)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm established at § 94-44C(16)(d). In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in § 94-44C(15), (16), and (17).
(g)
For all major development, stormwater management measures shall be designed to achieve a minimum of 65% reduction of the post-construction total nitrogen load from the developed site, including those permanent lawn or turf areas that are specifically intended for active human use as described at N.J.A.C. 7:50-6.24(c)3, in stormwater runoff generated from the water quality design storm established at § 94-44C(16)(d). In achieving a minimum 65% reduction of total nitrogen, the design of the site shall include green infrastructure in accordance with the New Jersey Stormwater BMP Manual and shall optimize nutrient removal. The minimum 65% total nitrogen reduction may be achieved by using a singular stormwater management measure or multiple stormwater management measures in series.
(h)
In high pollutant loading areas (HPLAs) and/or areas where stormwater runoff is exposed to source material, as defined in § 94-44B, the following additional water quality standards shall apply:
[1]
The areal extent and amount of precipitation falling directly
on or flowing over HPLAs and/or areas where stormwater is exposed
to source material shall be minimized through the use of roof covers,
canopies, curbing or other physical means to the maximum extent practical
in order to minimize the quantity of stormwater generated from HPLA
areas and areas where stormwater runoff is exposed to source material;
[2]
The stormwater runoff originating from HPLAs and/or areas where stormwater runoff is exposed to source material shall be segregated and prohibited from commingling with stormwater runoff originating from the remainder of the parcel unless it is first routed through one or more stormwater management measures required at Subsection C(16)(h)[3] below;
[3]
The stormwater runoff from HPLAs and/or areas where stormwater runoff is exposed to source material shall incorporate stormwater management measures designed to reduce the post-construction load of TSS by at least 90% in stormwater runoff generated from the water quality design storm established at § 94-44C(16)(d) using one or more of the measures identified at Subsection C(16)(h)[3][a] or [b] below. In meeting this requirement, the minimum 90% removal of total suspended solids may be achieved by utilizing multiple stormwater management measures in series:
[a]
Any measure designed in accordance with the New
Jersey Stormwater BMP Manual to remove total suspended solids. Any
such measure must be constructed to ensure that the lowest point of
infiltration within the measure maintains a minimum of two feet of
vertical separation from the seasonal high-water table; and
[b]
Other measures certified by the NJDEP, including
a media filtration system manufactured treatment device with a minimum
80% removal of total suspended solids as verified by the New Jersey
Corporation for Advanced Technology; and
[4]
If the potential for contamination of stormwater runoff by petroleum products exists on site, prior to being conveyed to the stormwater management measure required at Subsection C(16)(h)[3] above, the stormwater runoff from the HPLAs and areas where stormwater runoff is exposed to source material shall be conveyed through an oil/grease separator or other equivalent manufactured filtering device providing for the removal of petroleum hydrocarbons. The applicant shall provide the review agency with sufficient data to demonstrate acceptable performance of the device.
(i)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(j)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3.i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(17)
Stormwater runoff quantity standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts related to
applicable major and minor development.
(b)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 94-44D, complete one of the following:
[1]
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the preconstruction runoff hydrographs for the same
storm events;
[2]
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the preconstruction condition, in the
peak runoff rates of stormwater leaving the site for the two-, ten-,
and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
[3]
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten-, and 100-year storm events are
50%, 75% and 80%, respectively, of the preconstruction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
[4]
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection C(17)(b)[1], [2] and [3] above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three, will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
(c)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse,
or receiving storm sewer system.
(d)
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 rate of discharge
into any wetlands, wetlands transition area, or surface water body
from that which existed prior to development of the parcel.
(e)
To the maximum extent practical, there shall be no direct discharge
of stormwater runoff onto farm fields to protect farm crops from damage
due to flooding, erosion, and long-term saturation of cultivated crops
and cropland.
(18)
As-built requirements for major development are as follows:
(a)
After all construction activities have been completed on the
parcel and finished grade has been established in each stormwater
management measure designed to infiltrate stormwater, replicate post-development
permeability tests shall be conducted to determine if as-built soil
permeability rates are consistent with design permeability rates.
The results of such tests shall be submitted to the Municipal Engineer
or other appropriate reviewing engineer. If the results of the post-development
permeability tests fail to achieve the minimum required design permeability
rate, utilizing a factor of safety of two, the stormwater management
measure shall be renovated and retested until the required permeability
rates are achieved; and
(b)
After all construction activities and required testing have
been completed on the parcel, as-built plans, including as-built elevations
of all stormwater management measures, shall be submitted to the Municipal
Engineer or other appropriate reviewing engineer to serve as a document
of record, prepared by a licensed land surveyor. 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 that engineer's review of the as-built plans, all
corrections or remedial actions deemed necessary due to the failure
to comply with design standards, and/or for any reason concerning
public health or safety, shall be completed by the applicant. In lieu
of review by the Municipal Engineer, the municipality may engage a
licensed professional engineer to review the as-built plans and charge
the applicant for all costs associated with such review.
[2]
Requirements for as-built plans.
[a]
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.
[b]
All as-builts must show the location of all stormwater
basins along with top-of-bank and bottom-of-bank elevations.
[c]
All plans must be signed and sealed by a licensed
professional engineer or professional land surveyor.
[4]
All stormwater facilities to be owned by the Township must be
cleaned and inspected before Township acceptance.
D.
Calculation of stormwater runoff and groundwater recharge.
(1)
Stormwater runoff shall be calculated by the design engineer using
the USDA Natural Resources Conservation Service (NRCS) methodology,
including the NRCS Runoff Equation and Dimensionless Unit Hydrograph,
as described in Chapters 7, 9, 10, 15 and 16, Part 630, Hydrology
National Engineering Handbook, incorporated herein by reference as
amended and supplemented, except that the Rational Method for peak
flow and the Modified Rational Method for hydrograph computations
shall not be used. This methodology is additionally described in Technical
Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June
1986, incorporated herein by reference as amended and supplemented.
Information regarding the methodology is available from the Natural
Resources Conservation Service website at https://www.nrcs.usda.gov/Internet/FSE
DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture
Natural Resources Conservation Service, 220 Davidson Avenue, Somerset,
New Jersey 08873.
(2)
In calculating stormwater runoff using the NRCS methodology, the
appropriate twenty-four-hour rainfall depths as developed for the
parcel by the National Oceanic and Atmospheric Administration, https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj,
shall be utilized.
(3)
For the purpose of calculating runoff coefficients and groundwater
recharge, there is a presumption that the preconstruction condition
of a site or portion thereof is a wooded land use with good hydrologic
condition. A runoff coefficient or a groundwater recharge land cover
for an existing condition may be used on all or a portion of the site
if the design engineer verifies that the hydrologic condition has
existed on the site or portion of the site for at least five years
without interruption prior to the time of application. If more than
one land cover has existed on the site during the five years immediately
prior to the time of application, the land cover with the lowest runoff
potential shall be used for the computations. In addition, there is
the presumption that the site is in good hydrologic condition (if
the land use type is pasture, lawn, or park), with good cover (if
the land use type is woods), or with good hydrologic condition and
conservation treatment (if the land use type is cultivation).
(4)
In computing preconstruction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce preconstruction stormwater runoff rates and volumes.
(5)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
(6)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
(7)
Groundwater recharge may be calculated in accordance with the New
Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge
Areas in New Jersey, incorporated herein by reference as amended and
supplemented. Information regarding the methodology is available from
the New Jersey Stormwater Best Management Practices Manual; at the
New Jersey Geological Survey website at https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf;
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420, Mail Code 29-01, Trenton, New Jersey 08625-0420.
E.
Sources for technical guidance.
(1)
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the NJDEP's website at http://www.nj.gov/dep/stormwater/bmp manual2.htm.
(a)
Guidelines for stormwater management measures are contained in the New Jersey Stormwater BMP Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3 of § 94-44C(5). The New Jersey Stormwater BMP Manual may be utilized as a guide in determining the extent to which stormwater management activities and measures meet the standards of this section.
(b)
Additional maintenance guidance is available on the NJDEP's
website at https://www.njstormwater.org/maintenance guidance.htm.
(2)
Submissions.
(a)
Submissions required for review by the NJDEP should be mailed
to the Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
(b)
Submissions required for review by the Pinelands Commission
should be emailed to appinfo@pinelands.nj.gov.
F.
Solids and floatable materials control standards.
(1)
Site design features identified under § 94-44C(5), or alternative designs in accordance with § 94-44C(6), to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see Subsection F(1)(b) below.
(a)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
[1]
The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines; or
[2]
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches, or is no greater
than 0.5 inch across the smallest dimension. Examples of grates subject
to this standard include grates in grate inlets, the grate portion
(non-curb-opening portion) of combination inlets, grates on storm
sewer manholes, ditch grates, trench grates, and grates of spacer
bars in slotted drains. Examples of ground surfaces include surfaces
of roads (including bridges), driveways, parking areas, bikeways,
plazas, sidewalks, lawns, fields, open channels, and stormwater system
floors used to collect stormwater from the surface into a storm drain
or surface water body.
[3]
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven square inches, or be no greater than
two inches across the smallest dimension.
[4]
All Type "B" inlets shall be in conformance with NJPDES Municipal
Stormwater Regulation Program requirements for Tier "A" municipalities.
[a]
Campbell Foundry curb piece (Type J-Eco) or approved
equal.
[5]
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.
(b)
The standard in Subsection F(1)(a) above does not apply:
[1]
Where each individual clear space in the curb opening in an
existing curb-opening inlet does not have an area of more than nine
square inches;
[2]
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
[3]
Where flows from the water quality design storm established at § 94-44C(16)(d) are conveyed through any device (e.g., end-of-pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
[a]
A rectangular space 4 5/8 inches long and
1 1/2 inches wide (this option does not apply for outfall netting
facilities); or
[b]
A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement of requirements
in the Residential Site Improvement Standards for bicycle-safe grates
in new residential development [N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1].
[4]
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 established at § 94-44C(16)(d); or
[5]
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.
G.
Safety standards for stormwater management basins.
(1)
This subsection sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This subsection applies to any new stormwater management BMP.
(2)
The provisions of this subsection are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection G(3)(a), (b) or (c) below for trash racks, overflow grates, and escape provisions at outlet structures.
(3)
Requirements for trash racks, overflow grates and escape provisions.
(a)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the Stormwater management
BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
[1]
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
[2]
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
[3]
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
[4]
The trash rack shall be constructed of rigid, durable, and corrosion-resistant
material and designed to withstand a perpendicular live loading of
300 pounds per square foot.
(b)
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
the grate shall comply with 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 greater than two inches
across the smallest dimension.
[3]
The overflow grate shall be constructed of rigid, durable, and
corrosion-resistant material, and shall be designed to withstand a
perpendicular live loading of 300 pounds per square foot.
(c)
Stormwater management BMPs shall include escape provisions as
follows:
[1]
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection G(4) below, a freestanding outlet structure may be exempted from this requirement;
[2]
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See Subsection G(5) below for an illustration of safety ledges in a stormwater management BMP; and
[3]
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
four horizontal to one vertical for residential developments and three
horizontal to one vertical for commercial developments. Wall systems
can be proposed but must be approved by the Planning or Zoning Boards.
(4)
Variance or exemption from safety standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
(6)
Stormwater BMPs requirements.
(a)
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.)
(b)
Setbacks for all BMPs shall be not within 10 feet of any property
line.
(d)
A minimum accessway of 15 feet in width shall be provided around
the entire perimeter of all residential basins at the top of the embankment.
Fencing shall be provided around all basins. The type of fencing will
be determined by the Planning or Zoning Board.
(e)
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.
(f)
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.)
(g)
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:
[1]
Soil texture as described in the U.S.D.A. Soil Texture Classification
System.
[2]
Soil colors as described in the Munsell Color Chart.
[3]
Estimated depth to seasonal high groundwater based on mottling
characteristics of the soil.
[4]
Depth to static water level at time of boring.
[5]
Vegetation types immediately surrounding the area of the boring.
[6]
Percolation tests results.
[7]
Date of borings.
H.
Requirements for a site development stormwater plan.
(1)
Submission of site development stormwater plan.
(a)
Any application for major development approval shall include a site development stormwater plan containing all information required in § 94-44H(3).
(b)
Any application for minor development approval that is subject to this section shall include a site development stormwater plan containing all information required in § 94-44H(4)
(c)
The site development stormwater plan shall demonstrate that
the proposed development meets the standards of this section.
(d)
The site development stormwater plan shall contain comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in § 94-44C(16)(d). The standards for groundwater recharge and stormwater runoff rate, volume and quality required by § 94-44C(15), (16), and (17) and shall be met using the methods, calculations and assumptions provided in § 94-44D.
(f)
The applicant shall submit five copies of the site development
stormwater plan. All required engineering plans shall be in CAD Format
15 or higher, registered and rectified to NAD 1983 State Plane New
Jersey FIPS 2900 US feet or Shape Format NAD 1983 State Plane New
Jersey FIPS 2900 US feet. All other required documents shall be submitted
in both paper and commonly used electronic file formats such as .pdf,
word processing, database or spreadsheet files.
(2)
Site development stormwater plan approval. The site development stormwater
plan shall be reviewed as a part of the development review process
by the municipal board or official from whom 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 the checklist requirements have been satisfied and to determine
if the project meets the standards set forth in this section.
(3)
Checklist requirements for major development. Any application for
major development approval shall include a site development stormwater
plan containing, at minimum, the following information.
(a)
Topographic base map. The site development stormwater plan shall
contain a topographic base map of the site that 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 any required
wetlands transition areas, 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 site development stormwater
plan shall contain a written description along with the drawings of
the natural and human-made features of the site and its environs.
This description shall include:
[1]
A discussion of environmentally critical areas, soil conditions,
slopes, wetlands, waterways and vegetation on the site. Particular
attention shall be given to unique, unusual or environmentally sensitive
features and to those features 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 management
measures, including, at a minimum:
[a]
A soils report based on on-site soil tests;
[b]
Location and spot elevations in plan view of all
test pits and permeability tests;
[c]
Permeability test data and calculations;
[d]
Any other required soil or hydrogeologic data (e.g.,
mounding analyses results) correlated with location and elevation
of each test site;
[e]
A cross section of all proposed stormwater management
measures with side-by-side depiction of soil profile drawn to scale
and seasonal high water table elevation identified; and
[f]
Any other information necessary to demonstrate
the suitability of the specific proposed 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 site development stormwater
plan shall contain a map (or maps), at the same scale as 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. The site development
stormwater plan shall contain a land use planning and source control
plan demonstrating compliance with the erosion control, groundwater
recharge, stormwater runoff quantity control and stormwater quality
treatment required by this section. This shall include, but is not
limited to:
[1]
Information demonstrating that the proposed stormwater management measures are able to achieve a minimum 65% reduction of the post-construction total nitrogen load, in accordance with § 94-44C(16)(g).
[2]
Where any stormwater generated from high pollutant loading areas or where stormwater will be exposed to source material, information demonstrating that the proposed stormwater management measures are consistent with § 94-44C(16)(h).
(e)
Stormwater management facilities map. The site development stormwater
plan shall contain a stormwater management facilities 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 recharge 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 for groundwater mounding analysis. The site development stormwater plan and report shall contain a groundwater mounding analysis in accordance with § 94-44C(7)(a).
(4)
Checklist requirements for minor development. Any application for
minor development approval that is subject to this section shall include
a site development stormwater plan, certified by a design engineer,
containing, at minimum, the following information:
(a)
All existing and proposed development, including limits of clearing
and land disturbance.
(b)
All existing and proposed lot lines.
(c)
All wetlands and required wetland transition areas.
(d)
The type and location of each green infrastructure stormwater
management measure.
(f)
A design engineer's certification that each green infrastructure stormwater management measure will not adversely impact basements or septic systems of the proposed development, in accordance with § 94-44C(7)(b).
(5)
Exception from submission requirements. With the exception of Subsection H(3)(g) and (4)(g) above, the municipality may modify or waive any required element of the site development stormwater plan, provided that sufficient information can be provided to demonstrate compliance with the standards of this section. However, application information required in accordance with the Pinelands CMP [N.J.A.C. 7:50-4.2(b)] shall be submitted to the Pinelands Commission, unless the Executive Director of the Pinelands Commission waives or modifies the application requirements.
I.
Maintenance and repair.
(2)
The maintenance plan shall include the following:
(a)
Specific preventative maintenance tasks and schedules; cost
estimates, including estimated cost of sediment, debris, or trash
removal; and the name, address, and telephone number of the person
or persons responsible for preventative and corrective maintenance
(including replacement). The plan shall contain information on BMP
location, design, ownership, maintenance tasks and frequencies, and
other details as specified in Chapter 8 of the NJ BMP Manual, as well
as the tasks specific to the type of BMP, as described in the applicable
chapter containing design specifics.
(b)
Responsibility for maintenance of stormwater management measures
approved as part of an application for major development shall not
be assigned or transferred to the owner or tenant of an individual
property, unless such owner or tenant owns or leases the entire site
subject to the major development approval. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
the maintenance required.
(c)
Responsibility for maintenance of stormwater management measures
approved as part of an application for minor development may be assigned
or transferred to the owner or tenant of the parcel.
(d)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's or entity's
agreement to assume this responsibility, or of the owner's obligation
to dedicate a stormwater management facility to such person under
an applicable ordinance or regulation.
(e)
If the person responsible for maintenance identified under Subsection I(2)(a) above is not a public agency, the maintenance plan and any future revisions based on § 94-44I(3)(b)[2] shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(f)
For all major development, the following additional standards
apply:
[1]
The maintenance plan shall include accurate and comprehensive
drawings of all stormwater management measures on a parcel, including
the specific latitude and longitude and block/lot number of each stormwater
management measure. Maintenance plans shall specify that an inspection,
maintenance, and repair report will be updated and submitted annually
to the municipality;
[2]
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; and
[3]
An adequate means of ensuring permanent financing of the inspection,
maintenance, repair, and replacement plan shall be implemented and
shall be detailed in the maintenance plan. Financing methods shall
include, but not be limited to:
[a]
The assumption of the inspection and maintenance
program by a municipality, county, public utility, or homeowners'
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 as Schedule A.
[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:
[i]
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.
[ii]
Itemize costs associated with each of the items
described in Subsection f(3)[c]1, in addition to manpower, capital
costs for equipment and foreseeable costs associated with repair of
a system which fails.
[iii]
Obtain approval from the approving authority
for all arrangements and values described in Subsection I(2)(f)[3][c][i]
and [ii].
[iv]
Provide a twenty-year maintenance guaranty for
the entire stormwater management system in accordance with the Subsection
I(2)(f)[3][c] above.
(g)
For all minor development, maintenance plans shall be required
for all stormwater management measures installed in accordance with
this section and shall include, at a minimum, the following information:
(3)
General maintenance and repair.
(a)
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 the structure; removal
of sediment, debris, or trash; restoration of eroded areas; snow and
ice removal; fence repair or replacement; restoration of vegetation;
and repair or replacement of nonvegetated linings.
(b)
The person responsible for maintenance identified under § 94-44I(2)(b) shall perform all of the following requirements:
[1]
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
[2]
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
[3]
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection I(3)(b)[1] and [2] above.
(d)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the Municipal Engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or county may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
(4)
Nothing in this section shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
J.
Variances.
(1)
The exemptions, exceptions, applicability standards, and waivers
of strict compliance contained in the NJDEP Stormwater Management
Regulations at N.J.A.C. 7:8-1.1 et seq. shall not apply within the
Pinelands Area except in accordance with this section.
(2)
The municipal review agency may grant a variance from the design
and performance standards for stormwater management measures set forth
in its municipal stormwater management plan and this section, provided
that:
(a)
No variances shall be granted from § 94-44C(17)(d), which prohibits the direct discharge of stormwater runoff to any wetlands, wetlands transition area, or surface water body and the direction of stormwater runoff in such a way as to increase in volume and rate of discharge into any wetlands, wetlands transition area, or surface water body from that which existed prior to development of the parcel;
(b)
The municipal stormwater plan includes a mitigation plan in
accordance with N.J.A.C. 7:8-4.2(c)11 and N.J.A.C. 7:50-3.39(a)2viii;
(c)
The applicant demonstrates that it is technically impracticable
to meet any one or more of the design and performance standards on
site. For the purposes of this analysis, technical impracticability
exists only when the design and performance standard cannot be met
for engineering, environmental, or safety reasons. A municipality's
approval of a variance shall apply to an individual drainage area
and design and performance standard and shall not apply to an entire
site or project, unless an applicant provides the required analysis
for each drainage area within the site and each design and performance
standard;
(d)
The applicant demonstrates that the proposed design achieves
the maximum possible compliance with the design and performance standards
of this section on site; and
(e)
A mitigation project is implemented, in accordance with the
following:
[1]
All mitigation projects shall be located in the Pinelands Area
and in the same HUC-14 as the parcel proposed for development. If
the applicant demonstrates that no such mitigation project is available,
the municipality may approve a variance that provides for mitigation
within the same HUC-11 as the parcel proposed for development, provided
the mitigation project is located in the Pinelands Area.
[2]
The proposed mitigation project shall be consistent with the municipal stormwater management plan certified by the Pinelands Commission. If said stormwater management plan does not identify appropriate parcels or projects where mitigation may occur, the applicant may propose a mitigation project that meets the criteria in Subsection J(2)(e)[1] above.
[3]
The mitigation project shall be approved no later than preliminary
or final site plan approval of the major development.
[4]
The mitigation project shall be constructed prior to, or concurrently
with, the development receiving the variance.
[5]
The mitigation project shall comply with the green infrastructure standards at Subsection C(14).
[6]
If the variance that resulted in the mitigation project being required is from the green infrastructure standards at § 94-44C(14), then the mitigation project must use green infrastructure BMPs in Table 1 contained at § 94-44C(5), and/or an alternative stormwater management measure approved in accordance with § 94-44C(6) that meets the definition of "green infrastructure" to manage an equivalent or greater area of impervious surface and an equivalent or greater area of motor vehicle surface as the area of the major development subject to the variance. Grass swales and vegetative filter strips may only be used in the mitigation project if the proposed project additionally includes a green infrastructure BMP other than a grass swale or vegetative filter strip. The green infrastructure used in the mitigation project must be sized to manage the water quality design storm established at § 94-44C(16)(d), at a minimum, and is subject to the applicable contributory drainage area limitation specified at § 94-44C(14)(b), as applicable.
[7]
A variance from the groundwater recharge standards at § 94-44C(15) may be granted provided that the total volume of stormwater infiltrated by the mitigation project equals or exceeds the volume required at § 94-44C(15).
[8]
A variance from the stormwater runoff quality standards at § 94-44C(16) may be granted if the following are met:
[a]
The total drainage area of motor vehicle surface
managed by the mitigation project(s) must equal or exceed the drainage
area of the area of the major development subject to the variance
and must provide sufficient TSS removal to equal or exceed the deficit
resulting from granting the variance for the major development; and
[b]
The mitigation project must remove nutrients to the maximum extent feasible in accordance with § 94-44C(16)(g).
[9]
A variance from the stormwater runoff quantity standards at § 94-44C(17) may be granted if the following are met:
[a]
The applicant demonstrates, through hydrologic
and hydraulic analysis, including the effects of the mitigation project,
that the variance will not result in increased flooding damage below
each point of discharge of the major development;
[b]
The mitigation project indirectly discharges to
the same watercourse and is located upstream of the major development
subject to the variance; and
[c]
The mitigation project provides peak flow rate attenuation in accordance with § 94-44C(17)(b)[3] for an equivalent or greater area than the area of the major development subject to the variance. For the purposes of this demonstration, "equivalent" includes both size of the area and percentage of impervious surface and/or motor vehicle surface.
[10]
The applicant or the entity assuming maintenance responsibility for the associated major development shall be responsible for preventive and corrective maintenance (including replacement) of the mitigation project and shall be identified as such in the maintenance plan established in accordance with § 94-44I. This responsibility is not transferable to any entity other than a public agency, in which case a written agreement with that public agency must be submitted to the review agency.
(3)
Any approved variance shall be submitted by the municipal review
agency to the county review agency and the NJDEP, by way of a written
report describing the variance, as well as the required mitigation,
within 30 days of the approval.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
(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.
[1]
Editor's Note: Former § 94-56, Wetlands,
was repealed 2-24-1993 by Ord. No. 6-1993.
[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.
ANTENNA
ANTENNA SUPPORT STRUCTURE
COLLOCATION
EGG HARBOR TOWNSHIP COMMUNITY
PERSONAL WIRELESS TELECOMMUNICATIONS EQUIPMENT FACILITIES (PWTEFs)
PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES (PWTFs)
TELECOMMUNICATIONS TOWER
WIRELESS COMMUNICATIONS
As used in this section, the following terms shall
be defined as indicated:
A system of electrical conductors that transmit or receive
radio frequency signals for wireless communications.
A structure other than a telecommunications tower which is
attached to a building upon which one or more antennas are located.
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.
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.
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.
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.
A freestanding structure on which one or more antennas are
located, including lattice towers, guyed towers, monopoles and similar
structures.
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:
(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.
(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.