Township of Egg Harbor, NJ Article IV Standards

§ 94-4 General requirements.

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

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

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

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

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

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

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

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

§ 94-5 Architectural design plan.

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

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

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

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

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

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

§ 94-6 Bikeways and pedestrian paths.

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

B. Regulations. Bikeways or pedestrianways shall be required at the approving authority's discretion depending on the probable volume of bicycle and foot traffic, the development's location in relation to other populated areas or its location with respect to any overall bike or pedestrian route plan adopted by the Township. Bicycle traffic shall be separated from motor vehicle and pedestrian traffic as much as possible. Bikeways and pedestrian paths shall generally not exceed a grade of 3%, except for short distances, and they should be a minimum of five feet wide for one-way and eight feet wide for two-way travel. Bikeways shall have a minimum four-inch base of crushed stone on the subgrade and a two-inch FABC-l surface course. Where separate bike paths intersect streets, the curbing shall be ramped for bicycle access to the street grade. Bikeways designated for one-way travel shall only be located along streets. The minimum width for bikeways built in locations other than along streets is eight feet. Bikeways constructed as part of the street shall be four to six feet in width, depending on the street classification.

§ 94-7 Blocks.

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

B. Block lengths. It is recognized that setting minimum and maximum block length standards must be related to sound planning principles and to the varying densities and lot widths specified in this chapter. To provide for this needed flexibility, the minimum and maximum length of a block shall be governed by the minimum and maximum number of lots specified in each lot width category in the following schedule:

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

(1) A block shall fit into a specific lot width category when the width of not less than 75% of the lots measured at the front building setback line fall within a specific ten-foot lot frontage category.

(2) Block lengths shall fall within the minimum and maximum required standards; however, a developer should take notice of the recommended standard for block lengths. This recommended standard is set forth as an ideal standard for the majority of the blocks in the proposed subdivision. Some deviation from this recommended standard, however, is considered desirable in the interest of variety and good subdivision design.

C. Block end planting. In cases where lot and block design results in undesirable sighting down rear property lines from block ends, a landscape screen of evergreen trees not less than six feet in height shall be provided at block ends by the developer. The screen shall be a minimum of 30 feet in length and centered on the rear property line.

§ 94-8 Buffers.

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

A. Buffer areas are required along all lot lines and street lines which separate a nonresidential use from an existing residential zoning district. Buffer areas shall be developed in an aesthetic manner for the primary purposes of screening views and reducing noise perception beyond the lot. Buffer widths shall be measured horizontally and perpendicularly to lot and street lines. No structure, including basins, activity, storage of materials or parking of vehicles shall be permitted in a buffer area. The only improvements to be constructed in this buffer area, other than bus shelters, sidewalks, landscaping and signs, are to be those improvements necessary to provide ingress and egress to the subject site. The standards for the location and design of buffer areas are intended to provide flexibility in order to provide effective buffers. The location and design of buffers shall consider the use of the portion of the property being screened; the distance between the use and the adjoining property line; differences in elevations; the type of buffer, such as dense planting, existing woods, a wall or fence; buffer height; buffer width; and other combinations of man-made and natural features. The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line or the more intense the use or activity is to a property line or the more intense the use, the more effective the buffer area must be in obscuring light and vision and reducing noise beyond the lot.

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

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

C. The preservation of all natural wooded tracts shall be an integral part of all site plans and may be calculated as part of the required buffer area, provided that the growth is of a density and the area has sufficient width to serve the purpose of a buffer as determined by the Township Planner.

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

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

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

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

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

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

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

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

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

§ 94-9 Community impact statement.

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

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

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

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

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

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

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

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

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

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

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

§ 94-10 Off-tract improvement costs.

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

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

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

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

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

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

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

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

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

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

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

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

§ 94-11 Curbs and gutters.

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

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

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

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

(1) For stormwater management.

(2) For road stabilization.

(3) For delineation of parking areas.

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

(5) At intersections.

(6) At corners.

(7) At tight radii.

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

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

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

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

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

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

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

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

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

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

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

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

§ 94-12 Easements.

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

B. Floodplain and conservation easements shall be indicated on the preliminary and final plats and shown in such a manner that their boundaries can be accurately determined.

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

(1) The removal of dead or diseased trees.

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

(3) The removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds or lakes or approved conservation plan by the Soil Conservation District.

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

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

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

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

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

§ 94-13 Energy conservation techniques.

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

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

B. The use of clustering.

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

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

§ 94-14 Environmental impact statement.

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

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

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

C. Submission criteria.

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

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

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

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

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

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

[a] The features for preservation.

[b] Features which represent any constraints for development:

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

[ii] The areas least suitable for development or critical impact areas. Critical impact areas include, but are not limited to, stream corridors, streams, wetlands, estuaries, slopes greater than 15%, highly acid or highly erodible soils, areas of high-water table, mature stands of native vegetation, aquifer recharge areas and archaeologically sensitive areas.

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

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

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

[1] Geology.

[2] Aquifers, subsurface water supply.

[3] Hydrology.

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

[5] Stormwater runoff, management technique proposed.

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

[7] Potential soil loss.

[8] Soil nutrient retention.

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

[10] Wetland and coastal vegetation.

[11] Recreation value of vegetation.

[12] Historic value.

[13] Scenic features.

[14] Wildlife; high-value areas.

[15] Wildlife; threatened and endangered.

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

[17] Air quality, including potential traffic increases.

[18] Solid waste management technique proposed.

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

(d) Samples.

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

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

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

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

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

(6) Subsurface water.

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

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

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

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

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

(10) Documentation.

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

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

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

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

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

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

§ 94-15 Electric power.

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

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

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

§ 94-16 (Reserved) [1]

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

§ 94-17 Fill areas.

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

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

§ 94-18 Fire protection.

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 94-19 Flag lot subdivision.

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

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

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

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

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

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

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

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

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

§ 94-20 Floodplain regulations.

A. The purposes of the following floodplain regulations are to implement the land use rules and regulations promulgated by the New Jersey Department of Environmental Protection for floodways and the flood fringe portion of a flood hazard area, to discourage construction and regrading in flood hazard areas, to prevent encroachments into flood hazard areas which would obstruct or constrict the area through which water must pass and to prevent pollution of watercourses during low- or high-water periods by preventing the placing or storing of unsanitary or dangerous substances in the flood hazard areas.

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

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

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

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

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

G. The applicant shall submit maps, reports and other appropriate documents permitting the approving authority to evaluate whether the proposal has an inherent low flood damage potential; does not obstruct flood flows or increase flood heights and/or velocities; does not affect adversely the water-carrying capacity of any delineated floodway and/or channel; does not increase local runoff and erosion; does not unduly stress the natural environment of the floodplain or degrade the quality of surface water or the quality and quantity of groundwaters; does not require channel modification or relocation; does not require fill or the erection of structures; and does not include the storage of equipment and materials.

H. Where a development is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream, there shall be provided and dedicated a drainage right-of-way easement of the municipality conforming substantially to the lines of such watercourse and such further width or construction, or both, as will be adequate to accommodate expected stormwater runoff in the future, based upon reasonable growth potential in the municipality. The minimum width of easement for channel sections shall be the maximum design top width of the channel sections segment plus 20 feet, rounded to the next highest five-foot increment. However, if the floodway is not ascertainable for a stream or open channel, the width of drainage easement shall extend 50 feet beyond the top of bank on both sides of the drainage course.

§ 94-21 Grading, topsoil and seeding.

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 94-22 Landscaping.

[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.

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

[1] The location of all such plant material identified on the vegetative clearing plan or landscape plan.

[2] Field markings for identification.

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

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

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

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

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

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

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

(b) Seasonal planting.

(c) Weed disease and pest control.

(d) Fertilization and land preparation.

(e) Irrigation system service.

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

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

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.

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

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

(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.

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

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.

(1) Shade trees:

(a) Red maple.

(b) Pin oak.

(c) White oak.

(d) Scarlet oak.

(e) Chestnut oak.

(2) Ornamental trees:

(a) Flowering dogwood.

(b) Black cherry.

(3) Evergreen trees:

(a) Eastern white pine.

(b) Eastern white cedar.

(c) Shortleaf pine.

(4) Shrubs:

(a) Inkberry.

(b) Red chokeberry.

§ 94-23 Lighting.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 94-24 Lots.

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

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

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

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

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

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

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

(2) Access shall be to the street with the lower traffic function, and the portion of the lot abutting the other street shall be clearly labeled on the plat, and in any deed, that street access is prohibited.

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

E. Two or more contiguous lots under the same ownership, regardless of whether or not each may have been approved as portions of a subdivision, acquired by separate conveyance or by other operation of law, where one or more of said lots does not conform to the minimum area and/or dimension requirements for the zone in which it is located, the contiguous lots shall be considered as a single lot, and the provisions of this chapter shall prevail.

F. Whenever land has been dedicated or conveyed to the Township by the owner of a lot in order to meet the minimum street width requirements or to implement the Master Plan and which lot existed at the effective date of this chapter, the Construction Code Official shall not withhold a building and/or occupancy permit when the lot depth and/or area was rendered substandard due to such dedication and where the owner has no adjacent lands to meet the minimum requirements.

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

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

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

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

J. Double frontage. Double frontage and reverse frontage lots shall be avoided except where essential to provide separation of residential development from traffic arteries as to overcome specific disadvantages of topography and orientation. A landscaped easement at least 25 feet wide shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use. There shall be no right of access across such easement.

K. Odd-shaped lots. Where there is a question as to the shape and boundary line of a lot or lots for their optimum use by a future occupant, including such conditions as narrow or unduly elongated lots and other awkward appearing angles or appendages, the approving authority may withhold approval of such lot or lots.

L. Extra lot depth. Residential lots fronting on arterial streets, lots having reverse frontage on arterial streets and lots backing on streams shall be provided with 30 feet extra depth which may include utility easements.

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

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

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

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

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

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

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

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

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

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

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

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

(2) Lot area increase requirements.

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

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

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

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

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

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

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

§ 94-25 Manufacturing/processing performance standards.

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

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

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

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

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

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

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

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

H. Electricity. Electronic equipment shall be shielded so there is no interference with any radio or television reception beyond the operator's property as the result of the operation of such equipment.

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

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

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

L. Vibrations.

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

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

M. Airborne emissions.

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

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

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

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

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

N. Noise emissions.

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

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

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

(3) Exclusion and permitted variations.

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

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

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

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

O. Storage and waste disposal.

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

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

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

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

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

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

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

§ 94-26 Monuments.

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

§ 94-27 (Reserved) [1]

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

§ 94-28 Open and recreation space.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

C. Open space/recreation design guidelines.

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

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

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

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

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

NOTES:

¹Plus one for every 100 additional units.

²Plus one for every 300 additional units.

³Plus one for every 400 additional units.

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

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

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

(c) Two table and bench sets.

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

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

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

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

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

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

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

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

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

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

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

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

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

(c) Playing fields and courts.

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

[a] Two basketball and two tennis courts.

[b] One baseball and one softball field.

[c] One football and one soccer field.

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

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

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

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

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

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

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

(d) There shall be one reel per court.

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

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

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

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

(a) Two fan-shaped aluminum basketball backstops.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) Completely grassed field.

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

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

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

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

(8) Pedestrian, bicycle and fitness trails.

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

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

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

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

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

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

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

(b) Playground: one.

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) Removal of dead or diseased trees.

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

(3) Grading and seeding.

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

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

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

H. Contributions in-lieu of facilities.

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

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

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

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

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

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

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

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

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

§ 94-30 Open space dedication.

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

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

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

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

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

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

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

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

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

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

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

§ 94-31 Homeowners' association.

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

B. The organization shall incorporate the following provisions:

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

(2) The organization shall be responsible for liability insurance, taxes, maintenance and any other obligations assumed by the organization and shall hold the Township harmless from any liability. The organization shall not be dissolved and shall not dispose of any open space or property by sale or otherwise, except to an organization conceived and established to own and maintain the open space or property for the benefit of such development, and, thereafter, such organization shall not be dissolved or dispose of any of its open space or property.

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

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

(5) Failure to maintain; notice.

(a) The articles of incorporation, covenants, bylaws, model deeds and other legal instruments shall ensure that control of the organization shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied and shall clearly indicate that, in the event that such organization shall fail to maintain the common open space or common property in reasonable order and condition, the Township may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the common open space or common property in reasonable condition, and the notice shall include a demand that such deficiencies of maintenance be corrected within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the designated Township body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be corrected.

(b) If the deficiencies set forth in the original notice or in the modification thereof shall not be corrected within 35 days or any permitted extension thereof, the Township, in order to preserve the common open space and common property and maintain the same for a period of one year, may enter upon and maintain such land. The entry and maintenance shall not vest in the public any rights to use the common open space and common property except when the same is voluntarily dedicated to the public by the owners. Before the expiration of the year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space and common property, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Township, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Township shall not, at the election of the Township, continue for a succeeding year. If the Township shall determine that such organization is ready and able to maintain the open space and property in reasonable condition, the Township shall cease to maintain the open space and property at the end of the year. If the Township shall determine such an organization is not ready and able to maintain the open space and property in a reasonable condition, the Township may, in its discretion, continue to maintain the open space and property during the next succeeding year, subject to a similar hearing and determination in each year thereafter.

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

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

§ 94-32 Specimen trees.

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

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

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

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

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

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

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

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

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

C. Local streets.

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

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

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

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

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

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

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

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

§ 94-34 Reservation of public areas.

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

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

§ 94-35 Sanitary sewers.

A. Sanitary sewer system.

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

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

(3) Connection to existing system.

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

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

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

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

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

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

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

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

B. System planning, design and placement.

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

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

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

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

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

§ 94-36 Lot disturbance.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

I. Selective clearing.

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

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

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

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

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

§ 94-37 Shade trees.

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

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

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

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

(2) Balled and burlapped.

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Balled and burlapped.

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

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

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

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

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

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

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

[1] Southern red oak (Quercus falcata).

[2] Chestnut oak (Quercus prinus).

[3] Scarlet oak (Quercus coccinea).

[4] Red maple (Acer rubrum).

[5] White oak (Quercus alba).

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

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

[2] Little leaf linden (Tilia cordata).

[3] Crimean linden (Tilia euchlora).

[4] Red maple (Acer rubrum).

[5] Norway maple (Acer platanoides).

[6] Sugar maple (Acer saccharum).

[7] Northern red oak (Quercus borealis).

[8] Willow oak (Quercus phellos).

[9] Scarlet oak (Quercus coccinea).

[10] English oak (Quercus robur).

[11] London plane (Plantanus acerifolia).

[12] Japanese zelkova (Zelkova serrata).

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

[14] Sweet gum (Liquidambar styraciflua).

[15] Amur cork tree (Phellodendron amurense).

[16] Sugar hackberry (Celtis laevigata).

[17] Katsura tree (Cercidiphyllum japonicum).

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

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

[2] Redspire pear (Pyrus calleryana Redspire).

[3] Goldenrain tree (Koelreuteria paniculata).

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

D. Street tree plans.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(h) The ball shall sit on compacted soil.

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

§ 94-38 Sidewalks.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 94-39 Sight triangles.

A. Sight triangles shall be required at all intersections of streets, and streets and driveways in addition to the required right-of-way width and driveway width. The area within sight triangles shall be either dedicated as part of the street right-of-way or maintained as part of the lot adjoining the street and set aside on any development plan as a sight triangle easement.

B. Within a sight triangle, no grading, planting or structure shall be erected or maintained more than 30 inches above the center line grade of either intersecting street or driveway or lower than eight feet above their center lines, including utility poles but excluding fire hydrants, street name signs and official traffic regulation signs. Where any street or driveway intersection involves earth banks or vegetation, including trees, the developer shall trim such vegetation and trees as well as establish proper excavation and grading to provide the sight triangle.

C. Sight points.

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

(a) Arterial streets at 300 feet.

(b) Collector streets at 200 feet.

(c) Local streets at 90 feet.

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

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

(1) Arterial streets at 130 feet.

(2) Collector streets at 60 feet.

(3) Local streets at 35 feet.

E. The classification of existing and proposed streets shall be those shown on the adopted Master Plan or as designated by the Planning Board at the time of the application for approval for a new street not included in the Master Plan.

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

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

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

§ 94-40 Signs.

(Reserved)

§ 94-41 Soil erosion and sediment control.

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

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

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

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

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

§ 94-42 Soil removal and redistribution.

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

§ 94-43 Solid waste management.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 94-44 Stormwater management.

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

(c) This section shall apply to all development meeting the criteria of Subsection A(3)(b) above that is undertaken by Egg Harbor Township.

(d) Except as provided in § 94-44J, 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.

(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. 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.

COMMUNITY BASIN

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

COMPACTION

The increase in soil bulk density.

CONTRIBUTORY DRAINAGE AREA

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

COUNTY REVIEW AGENCY

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

(1) A county planning agency; or

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

DESIGN ENGINEER

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

DEVELOPMENT

(1) The change of or enlargement of any use or disturbance of any land, the performance of any building or mining operation, the division of land into two or more parcels, and the creation or termination of rights of access or riparian rights including, but not limited to:

(a) A change in type of use of a structure or land;

(b) A reconstruction, alteration of the size, or material change in the external appearance of a structure or land;

(c) A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land;

(d) Commencement of resource extraction or drilling or excavation on a parcel of land;

(e) Demolition of a structure or removal of trees;

(f) Commencement of forestry activities;

(g) Deposit of refuse, solid or liquid waste or fill on a parcel of land;

(h) In connection with the use of land, the making of any material change in noise levels, thermal conditions, or emissions of waste material; and

(i) Alteration, either physically or chemically, of a shore, bank, or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial body of water.

(2) In the case of development on agricultural land, i.e., lands used for an agricultural use or purpose as defined at N.J.A.C. 7:50-2.11, "development" means any activity that requires a state permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

DISTURBANCE

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

DRAINAGE AREA

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

EGG HARBOR TOWNSHIP

The Planning Board, Zoning Board of Adjustment or other board, agency or official of Egg Harbor Township with authority to approve or disapprove subdivisions, site plans, construction permits, building permits or other applications for development approval. For the purposes of reviewing development applications and ensuring compliance with the requirements of this section, Egg Harbor Township may designate the Municipal Engineer or other qualified designee to act on behalf of Egg Harbor Township.

ENVIRONMENTALLY CRITICAL AREA

An area or feature which is of significant environmental value, including but not limited to stream corridors, natural heritage priority sites, habitats of endangered or threatened 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.

EROSION

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

GREEN INFRASTRUCTURE

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

(1) Treating stormwater runoff through infiltration into subsoil;

(2) Treating stormwater runoff through filtration by vegetation or soil; or

(3) Storing stormwater runoff for reuse.

HIGH POLLUTANT LOADING AREAS

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.

HUC 14 or HYDROLOGIC UNIT CODE 14

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.

HUC-11 or HYDROLOGIC UNIT CODE 11

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.

IMPERVIOUS SURFACE

Any surface that has been compacted or covered with a layer of material so that it prevents, impedes or slows infiltration or absorption of fluid, including stormwater directly into the ground, and results in either reduced groundwater recharge or increased stormwater runoff sufficient to be classified as impervious in urban areas by the United States Department of Agriculture, Natural Resources Conservation Service Title 210-Engineering, 210-3-1 - Small Watershed Hydrology (WINTR-55) Version 1.0, 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.

IN-LIEU CONTRIBUTION

A monetary fee collected by Egg Harbor Township in lieu of requiring strict on-site compliance with the groundwater recharge, stormwater runoff quantity and/or stormwater runoff quality standards established in this section.

INFILTRATION

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

MAJOR DEVELOPMENT

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.

MINOR DEVELOPMENT

All development other than major development.

MOTOR VEHICLE

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

MOTOR VEHICLE SURFACE

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

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

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.

NUTRIENT

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

PERMEABILITY

The rate at which water moves through a unit area of soil, rock, or other material at hydraulic gradient of one.

PERSON

An individual, corporation, public agency, business trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.

POLLUTANT

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

RECHARGE

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

REGULATED MOTOR VEHICLE SURFACE

Any of the following, alone or in combination:

(1) A net increase in motor vehicle surface; and/or

(2) 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.

SEASONAL HIGH WATER TABLE

The level below the natural surface of the ground to which water seasonally rises in the soil in most years.

SEDIMENT

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

SITE

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

SOIL

All unconsolidated mineral and organic material of any origin.

SOURCE MATERIAL

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

STORMWATER

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

STORMWATER MANAGEMENT BMP

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

STORMWATER MANAGEMENT MEASURE

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

STORMWATER RUNOFF

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

WATERS OF THE STATE

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.

WETLAND TRANSITION AREA

An area within 300 feet of any wetland.

WETLANDS or 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.

[1] As-built certification.

[a] The horizontal datum to be used on all as-builts shall be the State Plane Coordinate System (NAD 83).

[b] The vertical datum to be used on all as-builts shall be the National Geodetic Vertical Datum (NGVD 88).

[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.

[3] Submission requirements.

[a] Four paper copies must be submitted.

[b] Two disks in .dwg format in AutoCAD Release 2015 or higher must be submitted on CD-ROM format.

[4] All stormwater facilities to be owned by the Township must be cleaned and inspected before Township acceptance.

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 [e-mail].

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.

(5) Safety ledge illustration.

Figure 1. Elevation View - Basin Safety Ledge Configuration

(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.

(c) Landscaping around any BMP designed shall be in accordance with § 94-22E.

(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.

(e) The application submission requirements of Subsection H(1)(a) and (b) above shall be in addition to all other applicable application submission requirements of the municipality's land development regulations.

(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).

(g) Inspection, maintenance and repair plan. The site development stormwater plan shall contain an inspection, maintenance and repair plan containing information meeting the requirements of § 94-44I(2) of this section.

(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.

(e) A cross-sectional drawing of each stormwater management measure showing the associated:

[1] Soil profile;

[2] Soil permeability test elevation;

[3] Soil permeability rate; and

[4] Elevation of, and vertical separation to, the seasonal high water table.

(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).

(g) A maintenance plan containing information meeting the requirements of § 94-44I(2) of this section.

(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.

(1) All development regulated under this section shall incorporate a maintenance plan, prepared by the design engineer, consistent with Subsection I(2) below. Maintenance and repair shall be implemented in accordance with maintenance plan and Subsection I(3) below.

(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:

[1] A copy of the certified plan required pursuant to § 94-44H(4);

[2] A description of the required maintenance activities for each stormwater management measure; and

[3] The frequency of each required maintenance activity.

(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.

(c) The requirements of Subsection I(2)(b), (c), and (d) above do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.

(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.

K. Penalties. Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the following penalties contained in § 225-94.

§ 94-45 Streets.

A. Every principal building to be constructed shall be built upon a lot with frontage directly upon an improved street as herein defined under § 94-24, Lots, which has been improved in accordance with the standards of this chapter or the improvement to which Township standards have been guaranteed by surety.

B. All development shall be served by paved streets with an all-weather base and surfaced with an adequate crown.

C. The arrangement of streets not shown on the Master Plan or Official Map as adopted by the Township shall, to the maximum extent practical, provide for the appropriate extension of existing streets and conform to existing topography.

D. When a new development adjoins land capable of being developed, suitable provisions must be made for optimum access of the remaining and/or adjoining tract to existing or proposed streets.

E. Local streets shall be planned to discourage through traffic.

F. In all residential districts, development bounded by any arterial or collector street shall control access to said streets by having all driveways intersect minor streets. Where the size, shape, location or some other unique circumstance dictates no alternative than to have a driveway enter an arterial or collector, a turnaround area shall be provided on site to prevent the backing of any vehicle onto such street, and abutting lots must share a common access drive.

G. No subdivision shall be approved showing reserved strips controlling access to streets or other areas, either developed or undeveloped, except where the control and disposal of land comprising such strips has been given to the governing body after recommendation by the Board.

H. Additional land dedicated.

(1) In the event that a subdivision adjoins or includes existing municipal streets that do not conform to the widths as shown on the adopted Master Plan, Official Map or the street width requirements of this chapter, additional land along either or both sides of said street sufficient to conform to the right-of-way requirements shall be dedicated to the Township for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities and structures customarily located within street rights-of-way and shall be expressed on the final plat as follows: foot-wide strip of land dedicated to the Township of Egg Harbor for the purposes provided for and expressed in Chapter 198, Subdivision of Land and Site Plan Review, of the Code of the Township of Egg Harbor.

(2) This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair or maintain the facilities in the area dedicated by ordinance and/or as shown on the plat and/or as provided for by any maintenance or performance guaranties.

§ 94-46 Street design and performance standards.

A. In all developments, the minimum street right-of-way shall be measured from lot line to lot line and shall be in accordance with Table 1, but in no case shall a new street that is a continuation of an existing street be continued at a width less than the existing street although a greater width may be required in accordance with Table 1. Where any arterial or collector street intersects another arterial or collector street, the right-of-way and cartway requirements shall be increased by 10 feet on the right side of the street(s) approaching the intersection for a distance of 200 feet from the intersection of the center lines.

[Amended 7-14-1993 by Ord. No. 30-1993; 6-8-1994 by Ord. No. 25-1994; 7-12-2000 by Ord. No. 7-2000; 2-4-2004 by Ord. No. 3-2004]

	TABLE 1
	Street Design Guidelines
	Design Item		Local Street (feet)	Collector Street (feet)
	Right-of-way width		50	66
	Pavement width		30	36
	Type of curb		Belgian Block Vertical (curb type to be determined by the Planning Board)	Vertical
	Sidewalk width		4	4
	Separation between curb and sidewalk		4 1/2	4 1/2
	Combination sidewalk/bicycle path width		4 to 6	4 to 6
	Minimum center line offset of adjacent intersection
		Local-local	125	—
		Local-collector	150	—
		Collector-arterial	200	—
	Minimum spacing along major traffic route		—	1,300
	Minimum sight distance		110 to 2001	150 to 2501
	Minimum center line radius of curves
		Superelevated	110 to 2501	175 to 3501
		Not superelevated	180 to 4301	280 to 5801
	Minimum tangent between adjacent curves		100	100
	Minimum curb return radius at intersections		15	20 to 25
	Minimum/maximum cul-de-sac (length)		100/1,000	—
	Minimum radius of right-of-way for cul-de-sac turnaround area		60	—
	NOTES: 1Varies with terrain.

The Township has classified certain existing streets as arterial, collector and connector roadways and established a corresponding right-of-way for each one. The minimum street right-of-way shall be measured from lot line to lot line and shall be in accordance with Table 2.

	TABLE 2 Roadway Functional Classification System
	Road Name	Terminal Points	Classification	Right-of-Way (feet)
	Ridge Avenue	Black Horse Pike to Mill Road, CR 662	Arterial	72
	West Jersey Avenue	Black Horse Pike to Hamilton Township	Arterial	72
	Reega Avenue	Hamilton Township to English Creek Avenue	Arterial	72
	Ridge Avenue	Black Horse Pike to Delilah Road, CR 646	Collector	66
	Ridge Avenue	Mill Road, CR 662 to Leap Street	Collector	66
	Leap Street	Ocean Heights Avenue, CR Alt 559 to Delaware Avenue	Collector	66
	Delaware Avenue	Mill Road, CR 662 to Old Zion Road	Collector	66
	Robert Best Road	Zion Road, CR 615 to Steelmanville Road, CR 651	Collector	66
	Fernwood Avenue	Black Horse Pike to Main Street	Collector	66
	Tremont Avenue	Delilah Road to West Jersey Avenue	Collector	66
	Ivins Avenue	Black Horse Pine to West Jersey Avenue	Collector	66
	Doughty Road	Pleasantville to Westcoat Road, CR 685	Collector	66
	Dogwood Avenue	Hamilton Township to Tremont Avenue	Collector	66
	Ninth Avenue	Tremont Avenue to Ridge Avenue	Collector	66
	Atlas Lane Road	Hamilton Township to Sycamore Avenue	Collector	66
	Spruce Avenue Goldenrod Lane	Black Horse Pike to Tilton Road	Connector	56
	Fernwood Avenue	Main Avenue to Delaware Avenue	Connector	56
	Tremont Avenue	West Jersey Avenue to Delaware Avenue	Connector	56
	Ivins Avenue	West Jersey Avenue to Mill Road, CR 662	Connector	56
	Winnipeg Avenue	Dogwood Avenue to Ocean Heights Ave, CR Alt 559	Connector	56
	Alder Avenue	Dogwood Avenue to Ocean Heights Avenue, CR Alt 559	Connector	56

B. The pavement width of streets and the quality of surfacing and base materials shall adhere to the minimum standards set forth by the Township, county or state engineers when said paving concerns roads under their jurisdiction and where such standards exist. Streets under the jurisdiction of the Township shall be designated with the following standards:

[Amended 7-14-1993 by Ord. No. 30-1993; 6-8-1994 by Ord. No. 25-1994; 5-26-2010 by Ord. No. 15-2010]

(1) The minimum requirements of any new street shall be according to the specifications and procedures as set forth in the New Jersey Department of Transportation Standard Specifications (1993) with addenda or the New Jersey Residential Site Improvement Standards.

(2) The minimum design requirements for local streets shall be as follows: Total asphalt thickness for all pavements shall be five inches; three inches of HMA base course mix 19M-64 to be laid and used as running surface until all settlement is complete, then brought to final grade with a two-inch hot mix asphalt surface course mix 9.5M-64 overlay and such additional material as shall be needed to repair and compensate for settlement. The minimum subbase shall be six inches of soil aggregate designation 1-5, recycled asphalt pavement (RAP), recycled concrete or other material as may be approved by the Board Engineer.

(3) The minimum design requirements for collector streets shall be as follows: Total asphalt thickness for all pavements shall be five inches; three inches of HMA base course mix 19M-64 to be laid and used as running surface until all settlement is complete, then brought to final grade with a two-inch hot mix asphalt surface course mix 9.5M-64 overlay and such additional material as shall be needed to repair and compensate for settlement. The minimum subbase shall be six inches of soil aggregate designation 1-5, recycled asphalt pavement (RAP), recycled concrete or other material as may be approved by the Board Engineer.

C. Longitudinal grades on all streets shall not exceed 8% and shall be no less than 1/2 of 1%. The maximum grade of any new street approaching an intersection shall not exceed 2% within 100 feet of the middle of the intersection.

D. A parabolic crown shall be provided on all roadways. Where the cartway is banked to facilitate a curve in the street alignment, the crown shall conform to accepted engineering design.

E. All changes in grade where the algebraic difference in grade is 1% or greater shall be connected by a vertical curve having a length of at least 50 feet for each two-percent difference in grade or portion thereof.

F. A tangent of at least 100 feet shall be introduced between reverse curves.

G. Horizontal curves at all ninety-degree bends shall have a minimum radius of 100 feet along the inside curve line.

H. Intersecting street center lines shall be as nearly at right angles as possible, and in no case shall they be less than 75º at the point of intersection. The curblines shall be parallel to the center line. Approaches to all intersections shall follow a straight line for at least 50 feet measured from the curbline of the intersecting street to the beginning of the curve. No more than two street center lines shall meet or intersect at any one point. Streets intersecting another street from opposite sides shall have at least 250 feet between the two street center lines. Intersections shall be rounded at the curbline with the street having the highest radius requirement as outlined below determining the minimum standard for all curblines:

(1) Arterials: 40 feet.

(2) Collectors: 35 feet.

(3) Local: 30 feet.

I. Any development abutting an existing street classified as an arterial or collector shall be permitted only one new street connecting with the same side of the existing street, except that, where frontage is sufficient, more than one street may intersect the arterial or collector street, provided that the streets shall not intersect with the same side of the existing street at intervals of less than 1,300 feet.

J. Cul-de-sacs of a permanent nature (where provision for future extension of the street to the boundary of the adjoining property is impractical or impossible) or of a temporary nature (where provisions is made for the future extension of the street to the boundary line of adjoining property) shall conform to the following standards:

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

(1) The length varies inversely with the density of development; however, in no case shall such length exceed 1,000 feet.

(2) A turnaround at the end with a curbline radius of 50 feet, plus a utility strip of 10 feet around the entire cul-de-sac. The center point for the radius shall be on the center line of the associated street or, if offset, offset to a point where the radius becomes tangent to one of the curblines of the associated street.

(3) The cul-de-sac must be designed to maintain a minimum grade of 1/2 of 1% around the curbline.

(4) If temporary, provisions shall be made by the developer for removal of the turnaround and reversion of the excess right-of-way to the adjoining properties when the street is extended.

(5) Cul-de-sacs shall not be used to provide access to more than 25 lots.

K. No street shall have a name which will duplicate or so nearly duplicate the name of an existing street that confusion results. The continuation of an existing street shall have the same name. Curvilinear streets shall change their names only at street intersections. The Board shall reserve the right to approve the names of streets within a proposed development.

L. The approval of the Planning Board or other Township agency of any map of land delineating streets shall in no way be construed as an acceptance of any street indicated thereon.

M. In major developments, there should be at least two means of site ingress and egress to distribute traffic safely and ensure adequate access by emergency vehicles.

N. Four-way stop intersections should be avoided.

§ 94-47 Coordination with surrounding streets.

A. The street system of a subdivision shall be coordinated with existing, proposed and anticipated streets outside the subdivision or outside the portion of a single tract that is being divided into lots (surrounding streets) as provided in this section.

B. Collector streets shall intersect with surrounding collector or arterial streets at safe and convenient locations.

C. Local streets shall connect with surrounding streets where necessary to permit the convenient movement of traffic between residential neighborhoods or to facilitate access to neighborhoods by emergency service vehicles or for other sufficient reasons, but connections shall not be permitted where the effect would be to encourage the use of such streets by substantial through traffic.

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

D. Whenever connections to anticipated or proposed surrounding streets are required by this section, the street right-of-way shall be extended and the street developed to the property line of the subdivided property (or to the edge of the remaining undeveloped portion of a single tract) at the point where the connection to the anticipated or proposed street is expected. In addition, the permit-issuing authority may require temporary turnarounds to be constructed at the end of such streets pending their extension when such turnarounds appear necessary to facilitate the flow of traffic or accommodate emergency vehicles. Notwithstanding the other provisions of this section, no temporary dead-end street in excess of 1,000 feet may be created unless no other practical alternative is available.

§ 94-48 Street layout.

A. Subcollector, local and minor residential streets shall be curved whenever practicable to the extent necessary to avoid conformity of lot appearance.

B. Cul-de-sacs and loop streets are encouraged so that through traffic on residential streets is minimized. Similarly, to the extent practicable, driveway access to collector streets shall be minimized to facilitate the free flow of traffic and avoid traffic hazards.

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

C. Half streets (i.e., streets of less than the full required right-of-way and pavement width) shall not be permitted except where such streets, when combined with a similar street (developed previously or simultaneously) on property adjacent to the subdivision, create or comprise a street that meets the right-of-way and pavement requirements of this chapter.

§ 94-49 Street and traffic control signs.

A. Design and placement of traffic signs shall follow the requirements specified in the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the United States Department of Transportation and adopted by the New Jersey Department of Transportation and any addenda.

B. At least two street name signs shall be placed at each four-way street intersection and one at each T-intersection. Signs shall be installed under light standards and free of visual obstruction. The design of street name signs should be consistent, of a style appropriate to the community, of a uniform size and color and erected in accordance with local standards. Stop and street name signs shall be required at all intersections involving bicycle paths.

C. Site information signs in planned developments shall follow a design theme related and complementary to other elements of the overall site design.

D. The subdivider shall provide and install one two-inch galvanized iron pipe, firmly set in concrete. The top of the pipe shall be 10 feet above final grade. Street signs and mounting brackets shall be provided by the Township. The subdivider shall submit a written request to the Superintendent of Public Works to provide the necessary street signs and shall allow 15 working days for preparation of the signs. All signs shall be installed to the satisfaction of the Township Engineer.

§ 94-50 Street furniture.

Street furniture should be provided throughout the development and be located where demand requires. Street furniture shall be of good quality and be consistent with the surrounding environment. Such furniture may include phone booths, benches, mail and meter boxes, lighting standards, directional signs, fire hydrants, fences and walls, trash receptacles, bike racks, paving and steps and bus shelters.

A. Bus shelters should be provided at major intersections, if necessary.

B. Trash receptacles should be provided near recreation activities, bus shelters and places where people naturally congregate.

C. Benches should be provided in areas of recreation and other waiting or resting areas. Summer shade and winter sun should be considered in their placement.

D. A sign and street furniture plan must be submitted for review and approval as part of the development application.

§ 94-51 Streetlighting.

Streetlighting of a type and standard supplied by the utility company and a type and number approved by the Township shall be installed for safety at street intersections, along walkways, at entryways, between buildings and in parking areas as deemed necessary by the Township Planner and/or Engineer. Wherever this chapter requires the installation of electric utility installations underground, the developer shall provide for the installation of underground service for streetlighting. Lighting shall be provided in accordance with a plan designed by the utility company or using as a guideline the standards set forth in the IES Lighting Handbook and revisions.

§ 94-52 Telephone service.

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

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

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

§ 94-53 Underground utilities.

A. All electric power lines (not to include transformers or enclosures containing electrical equipment, including but not limited to switches, meters or capacitors which may be pad mounted), telephone, gas distribution and cable television lines in subdivisions constructed after the effective date of this chapter shall be placed underground in accordance with the specifications and policies of the respective utility service providers when practical. Utility and distribution lines located on or adjacent to active agricultural operations shall be exempt from this requirement.

B. Whenever an unsubdivided development is hereafter constructed on a lot that is undeveloped on the effective date of this chapter, then all electric power, telephone, gas distribution and cable television lines installed to serve the development that are located on the development site outside of a previously existing public street right-of-way shall be placed underground in accordance with the specifications and policies of the respective utility companies.

C. Where overhead lines are permitted as the exception, the placement and alignment of poles shall be designed to lessen the visual impact of these lines as follows: alignments and pole locations shall be carefully routed to avoid locations along horizons; clearing swaths through treed areas shall be avoided by selective cutting and a staggered alignment; trees shall be planted in open areas and at key locations to minimize the view of the poles and the alignments; and alignments shall follow rear lot lines and other alignments.

D. Year-round screening with vegetation from adjacent uses in accordance with § 225-50.9 of Chapter 225 shall be required of any utility apparatus appearing above the surface of the ground, other than utility poles.

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

E. Whenever it can reasonably be anticipated that utility facilities constructed in one development will be extended to serve other adjacent or nearby developments, such utility facilities (e.g., water or sewer lines) shall be located and constructed so that extensions can be made conveniently and without undue burden or expense or unnecessary duplication of service.

F. All utility facilities shall be constructed in such a manner as to minimize interference with pedestrian or vehicular traffic and to facilitate maintenance without undue damage to improvements or facilities located within the development.

§ 94-54 Public utilities.

All public services shall be connected to an approved public utilities system where one exists.

A. Except as permitted under the provisions of Subsection B of this section, the developer shall arrange with the servicing utility for the underground installation of all utility distribution supply lines and service connections.

B. The developer may be required to submit to the approving authority, prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance or intended full compliance with the provisions of this section; provided, however, that lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service utilities overhead. In the case of existing overhead utilities, should a road widening or an extension of service or other such condition occur as a result of the development and necessitate the replacement, relocation or extension of overhead lines, such new facilities shall be installed underground as per § 94-53.

C. Any installation under this section to be performed by a servicing utility shall be exempt from required performance guaranties.

D. Public utility uses, such as water towers, pumping stations, electric substations, radio towers, transmission lines and switching stations, which must be provided aboveground, may be permitted as a conditional use in those zones specified, provided that the use and/or structures shall adhere to the minimum standards of the particular zone and the following:

(1) A statement is submitted setting forth the reasons that the proposed installation must be provided aboveground in a specific location and why it is necessary and convenient for the efficiency of the public utility system or for the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.

(2) The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.

(3) Adequate and attractive fences and other safety devices will be provided.

(4) Sufficient landscaping, including shrubs, trees and lawn, are provided and will be regularly maintained.

E. All electric transmission lines shall be located on existing towers or underground to the maximum extent practical.

§ 94-55 Water supply.

A. Water supply system.

(1) Connection to existing system.

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

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

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

[3] Six hundred feet for three-unit developments.

[4] Eight hundred feet for four-unit developments.

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

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

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

(2) If a public water supply system will be provided to the area within a six-year period as indicated in the Township's Master Plan, Official Map or other official document, the Township may require installation of a capped system or dry lines (mains only) within the road right-of-way; or, alternatively, the Township may require a payment in lieu of the improvement.

(3) All proposals for new public community water supplies or extensions to existing public community water supply systems exceeding $150,000 in construction costs must receive a permit from the Bureau of Safe Drinking Water in the NJDEPE prior to the construction and use of the water supply facilities.

(4) All installations shall be properly connected with an approved and functioning public community water system, either regulated by the Board of Public Utilities or owned and operated by the Township or its utility authority, prior to the issuance of a certificate of occupancy.

(5) The developer shall arrange for the construction of water mains in such a manner as to make adequate water service available to each lot, dwelling unit or use within the development. The entire system shall be designed in accordance with the requirements and standards of the Township and/or state agency having approval authority and shall be subject to their approval. The system shall also be designed with adequate capacity and sustained pressure for present and probable future development needs.

(6) Where water distribution systems are installed outside streets, easements or rights-of-way shall be required.

(7) Every principal use and every lot within a subdivision shall be served by a water supply system that is adequate to accommodate the reasonable needs of such use or subdivision lot and that complies with all applicable health regulations.

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

B. Capacity.

(1) The water supply system shall be adequate to handle the necessary flow based on complete development.

(2) The demand rates for all uses shall be considered in computing the total system demand. Where fire protection is provided, the system should be capable of providing the required fire demand plus the required domestic demand.

(3) Average daily residential consumption can be computed in accordance with the housing unit type and size data as derived from recognized standards.

(4) Nonresidential flows can be computed in accordance with recognized standards.

(5) Fire protection shall be furnished for any development connected to the municipally owned or centralized water supply system.

(6) Minimum fire flows shall be based on recommendations by the American Insurance Association and the National Board of Fire Underwriters.

C. System design and placement. System design and placement shall comply with all applicable NJDEPE, American Water Works Association (AWWA) and municipal standards, with the strictest standards governing.

§ 94-56 (Reserved) [1]

[1] Editor's Note: Former § 94-56, Wetlands, was repealed 2-24-1993 by Ord. No. 6-1993.

§ 94-57 Personal wireless telecommunications facilities and equipment.

[Added 3-14-2001 by Ord. No. 8-2001]

A. The purpose of this section is to provide procedures and regulations for personal wireless telecommunications facilities to protect the Egg Harbor Township community from the visual or other adverse impacts of these facilities, while encouraging their unobtrusive development to provide the benefits of comprehensive wireless telecommunications services to the Egg Harbor Township community, its residents and businesses. The Township expresses a preference that antennas be located on existing buildings and towers, on municipal or other public property, rather than newly constructed telecommunications towers; and further encourages collocation and site sharing of new and existing PWTFs.

B. As used in this section, the following terms shall be defined as indicated:

ANTENNA

A system of electrical conductors that transmit or receive radio frequency signals for wireless communications.

ANTENNA SUPPORT STRUCTURE

A structure other than a telecommunications tower which is attached to a building upon which one or more antennas are located.

COLLOCATION

Use of a common PWTF or a common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a PWTF on a structure owned or operated by a utility or other public entity.

EGG HARBOR TOWNSHIP COMMUNITY

Included in the community is all area within the borders of the Township of Egg Harbor, in the County of Atlantic, State of New Jersey.

PERSONAL WIRELESS TELECOMMUNICATIONS EQUIPMENT FACILITIES (PWTEFs)

Accessory facilities serving and subordinate in area, extent and purpose to, and on the same lot as, a telecommunications tower or antenna location. Such facilities include, but are not limited to, transmission equipment, storage sheds, storage buildings, and security fencing.

PERSONAL WIRELESS TELECOMMUNICATIONS FACILITIES (PWTFs)

Facilities for the provision of wireless communications services, including, but not limited to, antennas, antenna support structure, telecommunications towers, and related facilities other than PWTEFs.

TELECOMMUNICATIONS TOWER

A freestanding structure on which one or more antennas are located, including lattice towers, guyed towers, monopoles and similar structures.

WIRELESS COMMUNICATIONS

Any personal wireless services as defined in the Federal Telecommunications Act of 1996 (FTA) which includes FCC licensed commercial wireless telecommunications services, including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed. It does not include any amateur radio facility that is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only antennas, nor does it include noncellular telephone service.

C. Development standards.

(1) Application. Applications shall be submitted to the appropriate land use board for new PWTFs, modification to existing PWTFs, and collocation on existing PWTFs or on existing buildings.

(2) Height standards. Where permitted, new PWTFs may be constructed to a maximum height of 120 feet above ground level. The maximum height of 150 feet above ground level shall be approved, provided the proposed installation of the PWTF is for the collocation of at least three other carriers on the PWTF. Any PWTF mounted on an existing building or structure shall not extend beyond the overall height of any such building or structure by more than 10 feet. PWTEFs are limited to 15 feet in height.

(3) Setback standards. All PWTF and PWTEF shall be subject to a minimum yard requirement of 1/2 the height of the PWTF or the minimum yard requirements of the zoning district in which it is located, whichever is greater. The appropriate land use board, where necessary to address safety concerns, may increase the minimum setback requirement. If PWTEFs are located on the roof of a building, the area of the PWTEFs and other equipment and structures shall not occupy more than 25% of the roof area.

(4) Pinelands Comprehensive Management Plan. All PWTF and PWTEF subject to the provisions herein which are located within the Pinelands Area shall comply with the standards of N.J.A.C. 7:50-5.4 of the Pinelands Comprehensive Management Plan and any comprehensive plan for such facilities approved by the Pinelands Commission in accordance with N.J.A.C. 7:50-5.4(c)6.

D. Location priority. If needed in accordance with an overall comprehensive plan for the provision of full wireless communications service within the Egg Harbor Township community, PWTFs and PWTEFs shall be permitted at the following prioritized locations:

(1) The first priority location shall be on lands or structures in any nonresidential zone owned by Egg Harbor Township or government entities;

(2) The second priority location shall be on lands or structures in any nonresidential zone owned by the Egg Harbor Township Regional School District;

(3) The third priority location shall be collocation on existing PWTFs (or existing water tanks), provided that the new installation does not increase the height by more than 10 feet; and

(4) The fourth priority location shall be such locations as the applicant proves are essential to provide required service to the Egg Harbor Township community.

(5) Locations approved in the Pinelands Comprehensive Management Plan shall serve as evidence of the need for a PWTF in a general area but not as to the need for any specific site.

E. Conditional use standards. All PWTF and PWTEF shall be located to minimize visual impacts on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher priority category under § 94-57D shall be deemed more acceptable than lower priority sites.

(1) Sites for PWTFs and PWTEFs must demonstrate that they provide the least visual impact on residential areas and public rights-of-way. All potential visual impacts must be analyzed to demonstrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility.

(2) PWTEFs should be located to avoid being visually solitary or prominent when viewed from residential areas and the public right-of-way. The facility should be obscured by vegetation, tree cover, topographic features and/or other structures to the maximum extent feasible.

(3) PWTFs and PWTEFs shall be placed to ensure that existing viewscapes, streetscapes, and landscapes are protected. The views of and vistas from architecturally and/or significant structures should not be impaired or diminished by the placement of telecommunication facilities.

F. Site design standards. The following design standards shall apply to PWTFs and PWTEFs installed or constructed pursuant to the terms of this section:

(1) Collocation. Ordinance limitation on the number and placement of structures on a lot (e.g., §§ 225-12 and 225-13 of the Township Code) shall not apply when PWTF and PWTEF are located on a lot with buildings or structures already on it.

(2) Fencing and other safety devices. PWTFs and PWTEFs shall be surrounded by a security fence. The security fence shall be chain link, eight feet in height and shall be topped with three strands of barbed wire placed at a forty-five-degree outward angle. All towers shall be designed with anti-climbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed, and as approved by the Planning Board.

(3) Landscaping. Landscaping shall be provided along any side of the security fence that is adjacent to residential property. The landscaping shall consist of an evergreen hedge eight feet to 10 feet in height at planting time. Required front yard setback areas shall be landscaped with low-growing shrubs that will not impair the view of the security area by public safety personnel.

(4) Signs. Signs shall not be permitted except for signs displaying owner contact information, warnings, equipment information, and safety instructions. Such signs shall not exceed two square feet in area. No commercial advertising shall be permitted on any PWTF or PWTEF.

(5) Color. PWTFs shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA).

(6) Activity and access. All equipment shall be designed and automated to the greatest extent possible in order to reduce the need for on-site maintenance and thereby to minimize the need for vehicular trips to and from the site. Access shall be from established site access points whenever possible. Minimal off-street parking shall be permitted as needed and as approved by the Planning Board.

(7) Dish antennas. Dish antennas shall be colored, camouflaged or screened to make them as unobtrusive as possible, and in no case shall the diameter of a dish antenna exceed six feet. Any dish antenna installed to meet federal, state, county, or local government public safety requirements is exempt from this requirement.

(8) Lighting. No lighting is permitted except as follows:

(a) PWTEFs enclosing electronic equipment may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and

(b) No lighting is permitted on a PWTF except lighting that specifically is required by the Federal Aviation Administration, and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.

(9) Monopole. Any proposed new telecommunications tower shall be a monopole unless the applicant can demonstrate that a different type pole is necessary for the collocation of additional antennas on the tower. Such towers may employ camouflage technology.

(10) Noise. No equipment shall be operated so as to produce noise in excess of the limits set by the local Noise Ordinance,[1] except for in emergency situations requiring the use of a backup generator.

[1] Editor's Note: See Ch. 158, Noise.

(11) Radio frequency emissions. The FTA gives the FCC sole jurisdiction of the field of regulation of radio frequency (RF) emission and PWTFs which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide current FCC information concerning PWTFs and radio frequency emission standards. PWTFs shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.

(12) Structural integrity. PWTFs must be constructed to the Electronic Industries Association/Telecommunications Industries Association 222 Revision F Standard (ANSI/TIA/EIA-222-F-96) entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.

(13) Maintenance. PWTFs shall be maintained to assure their continued structural integrity. The owner of the PWTF shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.

G. Collocation policy.

(1) The Municipal Engineer shall maintain an inventory of existing PWTF locations within or near the Egg Harbor Township community.

(2) An applicant proposing a PWTF at a new location as defined under § 94-57D shall first demonstrate that it made a reasonable attempt to find a collocation site acceptable to engineering standards and that none was practically or economically feasible.

(3) Each application for a PWTF shall be accompanied by a plan which shall reference all existing PWTF locations in the applicant's Egg Harbor Township community inventory, any such facilities in the abutting towns which provide service to areas within the Egg Harbor Township community and any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities.

(4) Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs, and the reason why the subject site was chosen. The analysis shall address the following issues:

(a) How the proposed location of the PWTF relates to the objective of providing full wireless communications services within the Egg Harbor Township community at the time full service is provided by the applicant throughout the Egg Harbor Township community;

(b) How the proposed location of the proposed PWTF relates to the location of any existing antennas within and near the Egg Harbor Township community;

(c) How the proposed location of the proposed PWTF relates to the anticipated need for additional antennas within and near the Egg Harbor Township community by the applicant and by other providers of wireless communications services within the Egg Harbor Township community;

(d) How the proposed location of the proposed PWTF relates to the objective of collocating the antennas of many different providers of wireless communications services on the same PWTF; and

(e) How its plan specifically relates to and is coordinated with the needs of all other providers of wireless communications services within the Egg Harbor Township community.

(5) The appropriate land use board may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis. The applicant shall bear the reasonable cost associated with such consultation, which cost shall be deposited in accordance with Egg Harbor Township's escrow provisions.

H. Abandonment or discontinued use of PWTFs.

(1) Abandonment. Any PWTF that is not operated for a continuous period of 12 months shall be considered abandoned. If there are two or more users of a single PWTF, then the abandonment shall not become effective until all users cease using the PWTF for a continuous period of 12 months. The owner of such PWTF shall remove same within 90 days of notice from the Zoning Officer that the PWTF is abandoned. If such PWTF is not removed within said 90 days, the municipality may remove such PWTF at the owner's expense.

(2) Discontinuance. In the event of discontinuance, if the facility is to be retained, the owner shall establish, in writing, to the Township that the facility will be reused within one year of such discontinuance. If a facility is not reused within one year, a demolition permit shall be obtained and the facility removed. At the discretion of the Zoning Officer, upon good cause shown, the one-year reuse period may be extended for a period not to exceed one additional year.

I. Nonconforming PWTFs. PWTFs in existence on the date of the adoption of this section, which do not comply with the requirements of this section (nonconforming PWTFs) are subject to the following provisions.

(1) Nonconforming PWTFs may continue in use for the purpose now used, but may not be expanded without complying with this section.

(2) Nonconforming PWTFs which are partially damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor, but without otherwise complying with this section. If this destruction is greater than 50%, then repair or restoration will require compliance with this section.

(3) The owner of any nonconforming PWTF may repair, rebuild and/or upgrade (but not expand such PWTF or increase its height or reduce its setbacks) in order to improve the structural integrity of the facility, to allow the facility to accommodate collocated antennas or facilities, or to upgrade the facilities to current engineering, technological or communications standards, without having to conform to the provisions of this section.

J. Additional site plan submission requirements. In addition to the applicable documentation and items of information required for site plan approval, the following additional documentation and items of information are required to be submitted to the land use board for review and approval as part of the site plan submission:

(1) Report, signed by a qualified expert, documenting the capacity of any proposed PWTF for the number and type of antennas;

(2) Report, signed by a qualified expert, documenting that any proposed PWTF will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association (TIA) have been met;

(3) A letter of intent by the applicant, in a form which is reviewed and approved by the Township Solicitor, indicating that the applicant will share the use of any PWTF with other approved providers of wireless communication services; and

(4) A visual impact study, graphically simulating through models, computer-enhanced graphics, or similar techniques, the appearance of any proposed tower and indicating its view from at least the five locations around and within one mile of the proposed PWTF where the PWTF will be most visible. Aerial photographs of the impact area shall also be submitted.