Any application for development within the Township
of Pittsgrove shall demonstrate conformance to design standards that
will encourage orderly development patterns within the municipality.
Each development submitted for review and approval in accordance with
this chapter shall conform to the design provisions and performance
standards and requirements contained herein.
All proposed developments shall conform to the
proposals and conditions or standards shown on the adopted Township
Master Plan, as amended. The conformance to and impact upon proposed
streets, drainage rights-of-way, school sites, public parks, recreational
areas or open spaces, scenic and/or historic sites, community facilities,
utilities or conservation areas, or other facilities or areas shown
on the officially adopted Master Plan shall be considered by the Land
Use Board in the review of plats and plans for development and may
be referenced by it in setting conditions for the approval of any
proposed development.
A.
Future development. All improvements proposed in any
development shall be designed and installed in such a way as to connect
to any existing facilities and to enable future connections or extensions
of expanded or new facilities. Wherever possible and in some instances
required that improvements shall be designed to handle present and
probable future development to the reasonable extent practical.
B.
Character of land. Land which the Land Use Board finds
to be unsuitable for a proposed development or their use due to environmental
constraints, such as but not limited to flooding, improper drainage,
steep slopes, soil conditions, or the existence thereon of historic
sites, or vegetative or wildlife habitat, critical environmentally
sensitive areas; and where the effect of such lots or development
would have on remaining lands or other features or characteristics
which can reasonably be expected to be harmful to the health, safety
and general welfare of the present or future inhabitants of the development
and/or its surrounding areas, shall not be developed unless acceptable
and adequate measures or methods are formulated and undertaken by
the applicant to eliminate and satisfactorily mitigate the problem(s)
or adverse impact(s) which meet the intent and standards and regulations
of this article and other applicable regulations, where applicable.
All developments shall be subject to the specific
provisions or standards contained in this section. In the case of
residential developments, the Residential Site Improvement Standards
(RSIS), as amended and supplemented from time to time according to
law, shall supersede the standards included herein dealing with the
same provisions or improvements. The following provisions and standards
shall be addressed and satisfied in connection with development review
and approval:
A.
Access. It is the intent of these regulations to limit
access points from roadways designated as collectors or arterial roadways
as identified on the adopted Township Master Plan and any adopted
Master Plan or traffic and transportation plan(s) of the Salem County
Land Use Board, in order to preserve the road carrying capacity and
traveling safety along said roads.
(1)
No driveway or access from an arterial roadway shall
be permitted unless the site requiring said access has a minimum site
frontage along said arterial roadway of 500 feet. Such access shall
only be permitted where access is not available from another roadway
or reverse frontage or a marginal access road are not possible due
to the size and configuration of the parcel of land involved.
(2)
Along major or urban collector roadways access shall
be restricted to sites having a minimum site frontage of 300 feet.
In the case of existing lots with less than the required 300 foot
frontage available, the Land Use Board may adjust the required frontage
accordingly. Wherever possible, joint use of access drives or roads
shall be encouraged, facilitated and permitted to the extent practical
and reasonable.
(3)
Whenever a development is proposed at the intersection
of an arterial or major collector and a road of less importance, access
to the development shall be gained from the county or Township road
of lower functional classification.
(4)
Whenever a development abuts or crosses a municipal
boundary, access to the lots within said development within the Township
shall be from the Township as the general rule. Wherever access to
a development is required across land in an adjoining municipality
as the exception, the Land Use Board may require documentation that
such access is legally established and that the access road is adequately
improved.
(5)
Access to a site shall be provided from an improved
existing or proposed public street at defined locations. For developments
on parcels of land with frontage of less than 150 feet, no more than
two one-way driveways or one two-way driveway shall be permitted.
B.
Agriculture.
(1)
All agricultural activities and fish and wildlife activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with the recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service, and the New Jersey Agricultural Experimental Station at Rutgers, the State University of New Jersey. In all cases, agricultural activities shall include provisions to prevent problems with surface runoff, erosion and protection of environmentally sensitive lands adjacent to farming operations. Also see § 60-42E(7) of this chapter regarding agricultural buffer requirements.
(2)
All of Pittsgrove Township is shown as a farmland
preservation target area on the Salem County Agricultural Development
map and as such, the preservation and protection of farmland shall
be addressed in all development applications involving currently active
farmland as determined by the property involved being qualified for
farmland assessment as shown on the Township tax duplicate. Priority
shall be given by the Land Use Board to preserving such farmland whenever
open space is required in the case of planned developments.
C.
Air quality. All development shall adhere to the relevant
air quality standards of N.J.A.C. 77:27 et seq. Adherence to the standards
of this section shall be determined by means of an air quality simulation
model approved by the New Jersey Department of Environmental Protection
and Energy pursuant to N.J.A.C. 7:27-18.3.
D.
Blocks.
(1)
The length, width and acreage of street blocks shall
be sufficient to accommodate the size lot required in the zone district
in which it is to be located and to provide for convenient access,
circulation control and traffic study.
(2)
Blocks over 1,000 feet in length within residential
areas shall be discouraged, but where they are used, pedestrian crosswalks
or bikeways between lots may be required in locations deemed necessary
by the Land Use Board. No block within a residential area shall exceed
1,500 feet in length.
(3)
Within commercial and industrial areas, block length
shall be sufficient to meet area and yard requirements for such uses
and to provide proper street access and circulation.
E.
Buffering. Buffering shall be located around the perimeter
of the site to minimize headlights of vehicles, noise, the glare of
lighting, the blowing of debris, and the movement of people and vehicles
and to shield activities from adjacent properties when necessary.
Buffering and screening shall be required along the perimeter of all
site plans unless waived by the Land Use Board. Buffers may also be
required on the interior of the site plan to shield parking areas
or other areas of possible nuisance. Buffering may consist of fencing,
screening, landscaping and earthen berms or a combination thereof
to achieve the design objectives.
(1)
Buffer areas shall require site plan review and are
required along all lot lines and street lines which separate a nonresidential
use from either an existing residential use or residential zoning
district. Buffer areas shall be developed in an aesthetic manner for
the primary purpose of screening views and reducing noise, glare,
blowing debris or other nuisances perception or effect beyond the
lot. No structure, use, activity, storage of materials, or parking
of vehicles shall be permitted within a buffer area.
(2)
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, exiting 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;
then the more effective the buffer area must be in obscuring light
and vision, and reducing noise or other nuisances beyond the lot.
(3)
All buffer areas shall be planted and maintained with
either grass or groundcover together with a screen of live shrubs
or scattered planting(s) of live trees, shrubs, or other plant material
meeting the following criteria.
(a)
The preservation of all natural wooded tracts shall be an integral part of all development plans and may be calculated as part of the required buffer area provided that the growth is of a density and the area has sufficient width to serve the purpose of a buffer. Where additional planting(s) are necessary to establish an appropriate tone for an effective buffer, said planting(s) shall conform to § 60-42BB;
(b)
Plant materials used in screen planting shall
be at least three feet in height when planted and be of such density
as will obscure, throughout the full course of the year, the glare
of vehicle headlights emitted from the premises;
(c)
The screen planting shall be so placed that
at maturity it will not be closer than three feet from any street
or property line;
(d)
Trees shall be at least eight feet in height and 2.5 inches in caliper when planted, free of disease and insect pests, and approved stocked as required by § 60-42BB;
(e)
Any plant material which does not live shall
be replaced within one year or one growing season;
(f)
Screen planting(s) and landscaping shall be
broken at points of vehicular and pedestrian ingress and egress to
assure a clear sight triangle at all street and driveway intersections;
and
(g)
Wind breaks composed of appropriate natural
screening should be considered in the prevailing wind direction to
prevent windblown debris from leaving the site.
(4)
Constructed screening shall consist of a masonry wall or barrier or a uniformly painted fence of one material highly resistant to weather conditions or decay and at least six feet in height, no more than eight feet above finished grade at the point of construction. Such wall, barrier or fence may be opaque or perforated, provided that not more than 50% of its area is open. Whenever a masonry wall is deemed appropriate and/or necessary, it shall set back one foot from any property line and shall not be located in any front yard area. This requirement shall not apply to a retaining wall as defined in § 60-4. Any proposed fence or wall shall compliment the structural type and design of the principal buildings. The use of fences with high transparency, like a chain link fence, shall not be considered as an adequate buffer unless complimented by appropriate landscaping. High fences or walls with little, if any, transparency shall only be considered in areas appropriate for screening.
(5)
Whenever buffers are required, the Land Use Board may specify the use of landscaping techniques, such as terracing, and the creation of berms or mounds shall be encouraged as part of the landscaping plan and to accomplish adequate buffering and screening. Such berms shall be not less than five feet in height as measured from the grade of the adjoining road or land they are intended to screen. They shall be designed and constructed to blend with surface drainage plans for the property being developed and to not create surface runoff problems for adjoining properties. Berms, when required or proposed, shall be provided with a minimum four inches of topsoil, seeded and landscaped with trees and shrubs as set forth in Subsection E(4) above.
(6)
The following special screening standards shall apply:
(a)
No more than 10 automobiles, trucks or motor
vehicles, whether or not they are in operating condition, shall be
stored on any lot unless such motor vehicles are adequately screened
from adjacent residential uses. This section shall not apply to vehicles
which are in operating condition and/or which are maintained for agricultural
purposes.
(b)
Aboveground generating facilities, switching
complexes, pumping and/or substations, or other electronic equipment
cabinets shall be screened with vegetation from adjacent uses and
streets in accordance with the provisions of this section.
(7)
Agricultural buffer strips.
(a)
Minor subdivisions and site plans shall show
a buffer strip of 100 feet in width, and major subdivisions and site
plans shall show a buffer strip of 200 feet in width, on all lots
which are along any boundary with land that has been assessed, currently
or within any of the three calendar years preceding the application,
as qualified farmland under the New Jersey Farmland Assessment Act,[1] unless:
[Amended 12-8-2009 by Ord. No. 15-2009]
[1]
Said subdivision lots are five acres or more
in size and intended to be farmed; or
[2]
Farmland assessment on the adjacent land has
been terminated and rollback taxes have been imposed due to change
of use of said adjacent land to a use other than agricultural or horticultural.
[1]
Editor's Note: See N.J.S.A. 54:4-23.1 et seq.
(b)
Said buffer strip shall be restricted by deed and by final subdivision
plat or site plan against construction of any buildings, structures
or recreation facilities, such as a swimming pool or tennis court,
other than fences, walls, drainage facilities, alternative energy
generator facilities, and local wireless communications facilities,
and against removal of any screen of trees or hedges, so long as the
adjacent land is assessed or qualified as farmland under the New Jersey
Farmland Assessment Act or is actively farmed should the Farmland
Assessment Act be revoked or substantially modified.
[Amended 12-8-2009 by Ord. No. 15-2009; 9-22-2010 by Ord. No.
3-2010]
(c)
In addition, the developer shall be required
to plant a screen of trees, hedge or shrubbery, and/or may, at the
sole discretion of the Land Use Board, be required to construct a
fence within the agricultural buffer area along the boundary line
with the adjacent property meeting the following specifications:
[1]
The buffer fence, when required, shall be a
four- to six-foot-high fence, installed one foot from the property
line which abuts the farmland. The fence shall be installed by the
applicant and/or developer. The Land Use Board shall determine the
type of fence after considering the recommendations of its professionals
as well as comments of the owners or farmers of the involved adjacent
farmland. The Board may grant exceptions to this requirement as may
be reasonable and within the general purpose and intent of the provisions
of this section if literal enforcement of the requirement is impractical
or will exact undue hardship because of peculiar conditions pertaining
to the land involved.
[2]
The screen planting or landscaping shall be planted and/or constructed in the case of mounds or berms in reasonable proximity to any fencing required as set forth in Subsection E(7)(c)[1] above. The plant material shall be of such a type and nature as to provide a visual and dust screen and must be at least six feet in height when properly planted. This screen planting requirement may be waived entirely or partially by the Land Use Board to the extent that a screen of trees or natural plant material already exists on either side of the boundary line between the nonagricultural land uses and the farmland. The Land Use Board shall determine the type of plant material to be used at the time of development approval and. shall take into consideration recommendations of its professionals as well as the owners or farmers of the adjacent farmland in making such determination.
[3]
Removal of existing trees or natural vegetative cover shall only be permitted if said trees and/or natural vegetative cover was not approved as justifying a waiver or reduction in the agricultural buffer; or after submission of a landscaping plan justifying to the satisfaction of the Land Use Board why such removal is necessary and showing a proposed replanting of said area where such removal is proposed and which plan is approved by the Land Use Board and a performance and maintenance bond are posted to insure said plan's completion as required by Article VI.
[4]
Said agricultural buffer when required shall
remain in effect for as long as the adjoining property maintains its
farmland certification, and if said certification is removed or revoked,
then for a period of two years beyond the date that the farmland certification
is revoked or removed from the adjoining property on the Township
tax duplicate, provided that within said time period the certification
is not made applicable again, in which case, said buffer requirement
shall remain in full force and effect.
(8)
In order to assure the preservation and maintenance
of required buffer areas or screening, the Land Use Board may require
specific deed restrictions, provision for maintenance of such areas
by individual property owners or homeowners' associations, easements
and other legal restrictions which will provide a means of preserving
and maintaining the buffer area and/or screening required and permit
the Township or other third parties to become involved in the event
that a property owner or homeowners' association fails to comply with
the provisions of any such legal restrictions.
F.
Concrete structures.
(1)
Concrete structures shall conform to the American
Society for Testing Materials cement designations C-150, Type 1 for
Standard Portland Cement; C-150, Type 3 for High Early Strength Portland
Cement; and C-175, Type 1-A for air-entraining Portland Cement. Vinsol
resin or Darex A.E.A. shall be used as the air-entraining agent and
both fine and coarse aggregate shall conform to requirements therefor
of the New Jersey Department of Transportation Standard Specifications,
as amended and supplemented.
(2)
The following standards shall be met unless modified
by the Land Use Board:
(a)
Unless otherwise specified, all concrete shall
be air-entrained, having 4% to 7% entrained air.
(b)
Concrete shall be Class A, B, C, or D.
(c)
Required reinforcing steel shall be intermediate
grade deformed bars conforming to American Society for Testing Materials
designation A-15 and A-305, as amended and supplemented.
(d)
Required joint filler shall be a cellular compression
material conforming to the requirements therefor of the New Jersey
Department of Transportation Standard Specifications, as amended and
supplemented.
(e)
In the construction of required concrete structures,
the Township Engineer will determine the slump range within which
the contractor may work. Transit mix concrete may be used if obtained
from sources approved by the Township Engineer. On-site mixing and
proportioning equipment will also be subject to the approval of the
Township Engineer.
(f)
Forms shall conform to lines, dimensions and
grades shown on plans and may only be omitted when soil conditions
and workmanship permit accurate excavation to specifications. Forms
shall be firmly braced, tight and capable of resisting movement, bulging
or mortar leakage. Forms shall be smooth and clear and shall be completely
removed.
(g)
Soil base for concrete work shall be properly
finished to prescribed lines, grades and dimensions and shall be approved
by the Township Engineer or his representative before concrete is
placed. All areas to receive concrete shall be free of frost, foreign
matter and excessive damp when concrete is placed. All concrete shall
be handled and placed so as to avoid segregation. Concrete that has
begun to set or has been contaminated with foreign materials or that
has too much water shall not be used. Pouring shall be done in a continuous
process until an individual section is complete. All concrete shall
be thoroughly compacted with vibrator or other suitable equipment.
Finished concrete shall have a wood-float finish unless specified
otherwise by the Township Engineer and shall be kept continuously
moist for a period of three days. Curing shall be accomplished at
the direction of the Township Engineer. Expansion joints shall be
provided as prescribed and shall extend the full thickness of the
concrete. Concrete shall not be poured when the temperature is below
40° F. or during periods of precipitation, unless precautions
acceptable to the Township Engineer have been taken to prevent damage
to the work. Precautions to avoid freezing of the concrete shall be
in accordance with the current recommendations of the American Concrete
Institute.
G.
Curbs and gutters. Residential developments shall
comply with the curb and gutter requirements of the Residential Site
Improvement Standards (RSIS), with the additional requirement that,
pursuant to N.J.A.C. 5:21-4.3(c) and (e), the Township hereby requires
that all residential access and residential neighborhood street types
(and also special purpose street types if and when the construction
of special purpose street types is authorized and approved by the
Planning Board) must be constructed with the mountable concrete curb
type depicted in Figure 4.1 (two of six) (as referenced in N.J.A.C.
5:21-4.17) within the right-of-way areas along both edges of, and
in addition to, the paved street cartway for purposes of stormwater
management and road stabilization. In all developments to which the
RSIS are not applicable, all curbs and gutters that are required under
this chapter shall be constructed in a manner approved by the Planning
Board. If concrete, the curbs and gutters for such non-RSIS developments
shall meet the following specifications:
[Amended 12-8-2009 by Ord. No. 15-2009]
(1)
The concrete to be used for curbs and gutters shall
be Class B concrete as specified in the New Jersey State Highway Specifications
for Curbs and Gutters.
(2)
Expansion joints shall be provided at intervals of
20 feet.
(3)
Concrete curbs shall be eight inches wide at their
base and not less than six inches wide above the roadway pavement.
The rear top corner of this curb shall have a radius of 1/4 inch,
and the front top corner shall have a radius of 1 1/2 inches.
(4)
Combination curbs and gutters shall be constructed
on a base of sand or other similar pervious material, six inches in
depth and extending 12 inches beyond the rear face of the curb and
12 inches beyond the face of the curb. The total width of the curb
and gutter shall be 30 inches. The dimensions of the particular parts
of the combined curb and gutter shall be as follows:
(a)
The top of the curb shall be six inches in width.
(b)
The rear of the curb shall be 12 inches in height.
(c)
The width of the curb at the gutter elevation
shall be seven inches.
(d)
The height of the curb face at the gutter shall
be six inches, and the depth of the gutter at the street face shall
also be six inches.
(e)
All exposed edges shall be rounded with radius
of 3/4 inch to one inch.
(5)
Openings for driveway access shall be in such width
as shall be determined by the Township Engineer, but in no case more
than 15 feet at the edge of the pavement. The curb at such driveway
openings shall be depressed to the extent that 1 1/2 inches extend
above the finished pavement. The rear top corner of the curb shall
have a radius of 1/4 inch and the front top corner shall have a radius
of 1 1/2 inches.
H.
Development name. In order to prevent confusion or
uncertainty for the fast and efficient location of an address within
the community, the proposed name of any development shall not duplicate,
or too closely approximate, the name of any other development in the
Township or within close proximity to it which shall include within
any adjoining municipality. Nor shall a proposed name of a development
include the name of another municipality adjoining or within a reasonable
distance from the Township of Pittsgrove. The Land Use Board shall
have the final authority to designate the name of proposed development
to assure compliance with this requirement, and said name shall be
determined at the preliminary stage of development review. This subsection
shall not apply to any established development which is within the
Township.
I.
Energy conservation.
(1)
Whenever and wherever feasible, buildings shall be sited so as to make maximum use of sunlight or winds in connection with energy generation and/or conservation. All buildings and structures hereinafter erected or constructed, altered or added onto shall use renewable energy sources, within the limits of practicability and feasibility depending on the proposed use of the structure and its location. Where an applicant can reasonably demonstrate that literal enforcement of the provisions of this chapter will prevent or substantially impair or reduce energy conservation methods or technologies, the Land Use Board may waive or adjust said standards, including, through variance procedure as set forth in § 60-23, maximum and minimum yard dimensions as shown on the Schedule of Zoning District Regulations.[2] In so doing, the Land Use Board shall determine that the
intent and purpose of this chapter and the adopted Master Plan are
met, and that adjoining properties and/or their environment will not
be adversely affected by the waiver or adjustment.
[2]
Editor's Note: Said schedule is included at the end of this chapter.
(2)
In the case of new developments, the majority of all
structures in said development shall have their short axis located
within 30° of true south.
(3)
Wherever landscaping is proposed or required as provided
under the provisions of this chapter, no planting of trees, shrubs
or any object shall be permitted which will result in shading or interfering
with solar access to the south wall of any proposed building. When
reviewing proposed landscaping for any proposed development, the Land
Use Board shall not require or permit, where reasonably able to do
so, any planting or object which will substantially interfere with
solar access to adjacent buildings or existing solar energy devices
or structures.
J.
Fire protection.
(1)
All dead-end roads shall terminate in a manner which
provides safe and sufficient entry and exit for fire equipment.
(2)
The rights-of-way of all roads in wooded areas shall
be maintained so that they provide an effective fire break.
(3)
All proposed developments of 25 units or more will
have two accessways to public rights-of-way and said accessways shall
be of such width and surface composition sufficient to accommodate
and support fire-fighting equipment.
(4)
Wherever a central water supply system will serve
a development, provision shall be made for fire hydrants along the
streets and/or on the walls of nonresidential structures as approved
by the appropriate fire district or other appropriate fire official,
the Township Engineer and in accordance with Fire Insurance Rating
Organization Standards.
(5)
Driveways.
(a)
Whenever a dwelling or structure is proposed
to be located on a property more than 100 feet from the adjoining
street right-of-way, the owner of said property and dwelling or structure
shall provide a minimum driveway width of 20 feet for the initial
100 feet of length and a remaining minimum driveway width of 15 feet.
All trees shall be trimmed to a minimum height of 15 feet across the
driveway area for vertical clearing space for the driveway's entire
length. The driveway shall at a minimum be constructed of crushed
stone or dense-graded aggregate. The driveway shall have a loop or
"k" turnaround located within 100 feet of the dwelling.
[Amended 12-8-2009 by Ord. No. 15-2009]
(b)
At the discretion of the applicant and with
the consent of the Land Use Board, the applicant may install a fifteen-foot-wide
improved driveway as required above, and install thereunder a dry
standpipe system using six-inch diameter NFT pipe made of PVC with
connections at both ends, which ends shall be protected by concrete
or metal pilaster. Said pipe is to be installed at 30° at grade
and below frost level. Said dry line is to start between 75 and 100
feet from the center of the adjoining road to the property and is
to run to a point not less than 100 feet of the dwelling along the
driveway. Said dry water line is to be installed to the specifications
to all applicable codes and be subject to review by the local fire
department.
(c)
If such dry line is installed in the reduced-sized
driveway as provided above, the property owner shall be required to
provide a deed restriction which shall require the owner of said property
and dwelling or structure to maintain said driveway and, if appropriate,
the dry water line. Said deed restriction shall further provide the
property owner at his/her own expense, to undertake a yearly inspection
and testing of said dry water line by a certified professional who
shall prepare a report on the line for submission to the local fire
chief. Said deed restriction shall further make the property owner
responsible for any repairs to the driveway or dry line as found necessary
by the noted testing and inspection. A certificate of test approval
must be filed with the Land Use Board and respective local fire company
annually.
(d)
The property owner shall post a performance
guaranty to assure the required driveway improvements and dry line
are installed prior to the granting of approval of the development
or issuance of a construction permit. If installed, said line shall
be deemed to be private and the property owner shall assume all liability
for its maintenance and upkeep as required herein.
K.
Fish and wildlife.
(1)
No development shall be carried out in the Township
unless it is designed to avoid irreversible adverse impacts on habitats
that are critical to the survival of any local populations of those
threatened or endangered animal species designated by the New Jersey
Department of Environmental Protection and Energy pursuant to N.J.S.A.
23:2A-1 et seq.
(2)
All development or other authorized activity shall
be carried out in a manner which avoids disturbance of fish and wildlife
habitats that are essential to the continued nesting, breeding and
feeding of significant populations of fish and wildlife in identified
critical areas.
L.
Historic resource preservation.
(1)
A cultural resource survey shall accompany all applications
for major development involving 10 or more dwelling units or 10 or
more acres of land in order to determine whether any significant historic
resources exist on the parcel. In general, the survey shall include:
a statement as to the presence of any properties listed on the National
and State Registers of Historic Places on the site or within the area
of the project's potential environmental impacts; a thorough search
of state, local and any other pertinent inventories to identify sites
of potential significance; a review of the literature and consultation
with professional and vocational archaeologists knowledgeable about
the area; thorough pedestrian and natural resources surveys, archaeological
testing as necessary to provide reasonable evidence of the presence
or absence of historic resources of significance, adequate recording
of the information gained and methodologies and sources used, and
a list of personnel involved and qualifications of the person(s) performing
the survey. The requirement of preparing a cultural resource survey
may be required of major developments involving less than 10 dwelling
units or 10 acres if the Land Use Board so determines or has knowledge
that there is a cultural resource located on the property involved
or if the application requires an environmental impact statement.
(a)
This requirement for a survey may be waived
by the Land Use Board if:
[1]
There is insufficient evidence of significant
cultural activity on the project site or, in the case of archaeological
resources, within the vicinity;
[2]
The evidence of cultural activity on the site
lacks the potential for importance because further recording of the
available data will not contribute to a more comprehensive understanding
of area's culture; or
(b)
A resource shall be deemed to be significant
if it possesses integrity of location, design, setting, materials,
workmanship, feeling, and association which reflects its significance
in American history, architecture, archaeology or culture under one
or more of the following criteria:
[1]
The presence of structures, sites or areas associated
with events of significance to the cultural, political, economic or
social history of the nation, state, local community;
[2]
The presence of structures, sites or areas associated
with the lives of persons or institutions of significance to the cultural,
political, economic or social history of the nation, state, local
community;
[3]
The presence of structures that represent the
work of a master, or that possess high artistic values, or that embody
the distinctive characteristics of a type, period or method of construction,
or that represent a distinguishable entity of significance to the
architectural, cultural, political, economic or social history of
the nation, state, local community, although its components may lack
individual distinction; or
[4]
The presence of a site or area which has yielded
or is likely to yield significant information regarding the history
or archaeological history of the Township.
(2)
The following information will be required to document
resources which are not found to be significant but which are otherwise
found to present graphic evidence of a cultural activity.
(a)
A narrative description of the resource and
its cultural environment;
(b)
Photographic documentation to record the exterior
appearance of buildings, structures, and engineering resources;
(c)
A site plan depicting in correct scale the location
of all buildings, structures, and engineering resources; and
(d)
A New Jersey State inventory form as published
by the New Jersey Department of Environmental Protection for buildings
and a narrative description of any process or technology if necessary
to elaborate upon the photographic record.
(3)
If archaeological data is discovered on a site at
any time after construction has been commenced, the applicant or his/her
duly authorized agent shall notify the Land Use Board and take all
reasonable steps to protect the archaeological data in accordance
with the "Guidelines for the Recovery of Scientific Prehistoric, Historic
and Archaeological Data: Procedures for Notification, Reporting, and
Data Recovery" (36 C.F.R. 66).
(4)
Whenever a site is found to have an historic and/or
archaeological site or structure upon it, then any site plan for the
proposed development shall take into account said historic site or
structure and to the fullest extent possible, preserve and protect
said site or structure.
(5)
If a proposed development is located adjacent or within
300 feet of an historic structure or site as recognized on the State
or National Register of Historic Sites, then the design of the proposed
development shall be such as to blend with the historic structure
or site and to cause minimal impact on said structure or site. The
Land Use Board shall require that the intensity of use on adjoining
properties to a historic site or structure be such as to not cause
detriment or damage to the historic site or structure; and to minimize
any adverse impacts from noise, traffic, glare, or other design characteristics
which would impact adversely on the historic site or structure. This
may require buffers and/or screening, design techniques intended to
blend the proposed development with its historic neighboring structure,
reducing nuisances or activities which might harm or otherwise cause
problems for the historic structure or site and the utilization of
other design or performance standards as contained in this section
to an extent necessary to preserve and protect the historic site and/or
structure.
M.
Homeowners' association. A homeowners' association
may, or in some cases, shall be required to be established for the
purpose of owning and assuming maintenance responsibilities for the
common lands and property designated within a development, provided
the Land Use Board is satisfied that the organization will have a
sufficient number of members to reasonably expect a perpetuation of
the organization in a manner enabling it to meet its obligations and
responsibilities in owning and maintaining any property for the benefit
of owners or residents of the development. If established, the organization
shall incorporate the following provisions:
(1)
Membership by all property owners, condominium owners,
stockholders under a cooperative development and other owners of property
or interests 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 municipality harmless from any
liability. The organization shall not be dissolved and shall not dispose
of any open space or property by sale or otherwise, except to an organization
conceived and established to own and maintain the open space or property
for the benefit of such development, and thereafter such organization
shall not be dissolved or dispose of any of its open space or property
without first offering to dedicate the same to the Township or municipalities
wherein the land is located.
(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 by the Land Use Board.
(5)
Maintenance of common open space or property.
(a)
The articles of incorporation, covenants, bylaws,
model deeds, and other legal instruments shall insure that control
of the organization shall be transferred to the members based on a
percentage of the development's units sold and/or occupied and shall
clearly indicate that in the event such organization shall fail to
maintain the common open space or common property or lands 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 or lands in reasonable condition, and
said notice shall include a demand that such deficiencies of maintenance
be cured within 15 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 cured.
(b)
If the deficiencies set forth in the original
notice or in the modification thereof shall not be cured within 15
days or any permitted extension thereof, the Township, in order to
preserve the common open space and common property or land and maintain
the same for period of one year, may enter upon and maintain such
land. Said entry and maintenance shall not vest in the public any
rights to use the common open space and common property and land except
when the same is voluntarily dedicated to the public by the owners.
Before the expiration of said 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 or land,
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 municipality shall not,
at the election of the Township, continue for a succeeding year.
(c)
If the Township shall determine that such organization
is ready and able to maintain said open space and property or land
in reasonable condition, the Township shall cease to maintain said
open space and property or lands at the end of said year. If the municipality
shall determine such organization is not ready and able to maintain
said open space and property or land in reasonable condition, the
Township may, in its discretion, continue to maintain said open space
and property or land during the next succeeding year, subject to a
similar hearing and determination in each year thereafter. The decision
of the Township in any such case shall constitute a final administrative
decision subject to judicial review.
(6)
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 property
or land in accordance with assessed values at the time of imposition
of the lien, and shall become a lien and tax on said properties and
be added to and be part of the taxes to be levied and assessed thereon,
and enforced and collected with interest by the same officers and
in the same manner as other taxes.
N.
Industrial use standards.
(1)
Information. In addition to the other information
required for site plan review involving an industrial use or when
required by the Land Use Board due to the nature, operation, or output
of a commercial use involving a manufacturing or industrial process,
the applicant shall submit a detailed description of the proposed
industrial facilities and the materials or processes, products or
by-products involved. Specific information shall be included concerning
the potential impacts and the proposed control strategies with respect
to the following:
(a)
Emissions into the atmosphere, including smoke,
gases, particles and fumes or odors.
(b)
Production of noise or vibration.
(c)
Production of glare or heat.
(d)
Discharge or disposal of liquid or solid waste.
(e)
Handling and storage of flammable, volatile,
radioactive or otherwise hazardous materials.
(2)
Standards of performance. No use shall be permitted
within the Township which does not conform to the following standards
of use, occupancy and operation. The following standards are the minimum
requirements to be maintained in the Township.
(a)
Noise.
[1]
For zoning districts other than industrial,
there shall be no noise measured along the property line on which
the use is located which shall exceed the values given in the following
table:
|
Frequency Band
(cycles per second)
|
Average
Sound-Pressure Level
(decibels)*
| |
|---|---|---|
|
0 to 75
|
65
| |
|
75 to 150
|
50
| |
|
150 to 300
|
44
| |
|
300 to 600
|
38
| |
|
600 to 1,200
|
35
| |
|
1,200 to 2,400
|
32
| |
|
2,400 to 4,800
|
29
| |
|
4,800 and above
|
26
| |
|
*NOTE: Reference 0.0002 dynes-square centimeter.
| ||
[2]
For industrial zoning districts, there shall
be no noise measure along the property line on which the use is located
which shall exceed the values given on the following table:
|
Frequency Band
(cycles per second)
|
Average
Sound-Pressure Level
(decibels)*
| |
|---|---|---|
|
0 to 75
|
90
| |
|
75 to 150
|
82
| |
|
150 to 300
|
74
| |
|
300 to 600
|
68
| |
|
600 to 1,200
|
66
| |
|
1,200 to 2,400
|
62
| |
|
2,400 to 4,800
|
59
| |
|
4,800 and above
|
56
| |
|
*NOTE: Reference 0.0002 dynes-square centimeter.
| ||
(b)
Dust and vapors.
[1]
No emission which can cause any detrimental
effect to human beings, animals, vegetation or property or which can
cause noticeable soiling at any point shall be permitted.
[2]
No emission of liquid or solid particles from
any chimney or otherwise shall exceed 0.3 grain per cubic foot of
the covering gas at any point. For measurement of the amount of particles
in gases resulting from combustion, standard collection shall be applied
to a stack temperature of 500° F. and 50% excess air.
(c)
Smoke.
[1]
No smoke shall be emitted from any chimney or
other source visible gray greater than No. 1 on the Ringelmann Smoke
Chart as published by the United States Bureau of Mines.
[2]
Smoke of a shade not darker than No. 2 on the
Ringelmann Smoke Chart may be emitted for no more than four minutes
in any 30 minutes.
[3]
These provisions, applicable to visible gray
smoke, shall also apply to visible smoke of a different color but
with an equivalent apparent opacity.
(d)
Odor. No emission of odorous gases or other
odorous matter shall be permitted which is offensive at any lot boundary
line. Any process which may involve the creation or emission of any
odors shall provide a secondary safety system so that control will
be maintained if the primary safeguard system should fail.
(e)
Glare or heat. Any operation producing intense
glare or heat shall be performed within an enclosed building or behind
a solid fence or earthen berm in such manner as to be completely imperceptible
from any point along the lot lines.
(f)
Vibration. No vibration which is discernible
to the human sense of feeling shall be perceptible without instrument
at any point beyond the lot line. Vibration which is not discernible
to human sense but which is at low or high frequencies capable of
causing discomfort or damage to life or property is prohibited beyond
the property line and must be monitored and controlled within the
property line to meet the standards of the Occupational Safety and
Health Administration.
(g)
Toxic or noxious matter. No use shall, for any
period of time, discharge any toxic or noxious matter in such concentration
as to be detrimental to or endanger the public health, safety, comfort
or welfare or cause injury or damage to property, business, marine
life or wildlife.
(h)
Electrical disturbance. No activities shall
be permitted (except domestic household appliance use) which produces
electromagnetic interference in excess of standards prescribed by
the Federal Communications Commission.
(i)
Fire and explosion hazards. No industrial use
shall be permitted which will create an explosion or fire hazard to
an adjacent use as determined by the New Jersey Inspection Bureau
or the New Jersey Fire Safety Code.[3] Any industrial operation which requires the use of flammable
materials shall enclose such materials in noncombustible walls and
shall provide an adequate buffer area to prevent damage to adjacent
property in case of an accident.
(j)
Outdoor storage.
[1]
Toxic waste, gas or solid, shall be stored outside
of the structure in which it will be used unless it is stored on a
surface impervious to the toxic waste and a suitable collection system
is provided for any spillage or leaks. In no case shall the toxic
waste containment be located directly on the earth or paved area.
[2]
Flammable or explosive liquids, solids or gases
shall be stored underground except for tanks or drums of fuel directly
connected with energy or heating devices.
[3]
All outdoor storage facilities for fuel, raw
materials and products shall be enclosed by a fence adequate to conceal
the facilities from any adjacent properties.
[4]
No materials shall be deposited upon a lot in
such form or manner that may be transferred off the lot by natural
causes or forces.
[5]
All materials and 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 enclosed in containers.
O.
Lighting. With exception of one- and two-dwelling
development, all new development shall provide adequate lighting for
site safety and security. All site plan applications shall include
plans for proposed exterior lighting. These plans shall include the
location, type of light, radius of light and intensity of footcandles.
To this extent the following standards shall apply:
(1)
All area lighting shall provide translucent fixtures
with shields around the light source. The light intensity provided
at ground level shall have a minimum of 0.5 footcandle over all parking
and pedestrian walkway areas. Light intensity at residential property
lines shall not exceed 0.1 footcandle. For each fixture and lighted
sign, the total quantity of light radiated above a horizontal plane
passing through the light source shall not exceed 7.5% of the total
quantity of light emitted from the light source. All lights shall
be properly shielded to restrict the maximum apex of illumination
to 150° and to prevent glare or illumination on adjacent land
uses.
(2)
Any other outdoor lighting shall be shown on the site
plan in sufficient detail to allow determination of the effects at
the property line and on nearby streets, driveways, residences and
overhead sky glow. No lighting shall shine directly or reflect into
windows, or onto streets and driveways in such a manner as to interfere
with driver vision. No lighting shall be of a yellow, red, green or
blue beam, nor be of a rotating, pulsating, beam or other intermittent
frequency. The intensity of such light source, light shielding, the
direction and reflection of the lighting and similar characteristics
shall be subject to site plan approval by the Land Use Board. The
objective of these specifications is to minimize undesirable off-site
effects.
(3)
The style of lighting fixtures and their standards
shall be consistent with the architectural style of the principal
building. The height of lighting shall be in scale with the height
of the principal building and shall not exceed 35 feet.
(4)
Lighting shall be located along streets, parking areas
and at all intersections. In addition, all building entrances and
exits shall be lighted, and all sidewalks shall have low or mushroom-type
structures. Freestanding lights shall be located and designed so as
not be easily damaged by vehicles or to be a roadside safety hazard.
(5)
Spotlight fixtures attached to buildings shall not
be permitted except for security purposes in the rear of buildings.
When permitted in residential areas, they shall not be directed at
adjoining residential dwellings so as to cause glare or light to exceed
the standards for lighting as contained herein.
P.
Lots. 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 found acceptable to the Land Use Board.
All lots shall conform to the following requirements:
(1)
Lot dimensions and area shall not be less than the
requirements of the Schedule of Zoning District Regulations.[4]
[4]
Editor's Note: Said schedule is included at the end of this chapter.
(2)
Insofar as is practical, side lot lines shall be either
at right angles to straight streets or radial to curved streets.
(3)
Each lot must have lot frontage (as defined in this
chapter) along at least one street which conforms to the requirements
of N.J.S.A. 40:55D-35.
[Amended 12-8-2009 by Ord. No. 15-2009]
(4)
Through lots with frontage on two streets will be
permitted only under the following conditions:
(a)
Where the length of the lot between both streets
is such that future division of the lot into two lots is improbable;
and
(b)
Access shall be to the street with the lower
traffic function and the portion of the lot abutting the other street
shall be clearly labeled on the plat, and in any deed, that street
access is strictly limited to the street with the lower traffic function.
(5)
Where extra width has either been dedicated or anticipated
for widening of existing streets, zoning consideration shall begin
at such new street line and all setbacks shall be measured from such
line.
(6)
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 Official Map or Master Plan,
and which lot existed at the effective date of this chapter, the Zoning
Officer or Construction 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.
(7)
Every new development proposing to use less than all
of the property involved shall be required to provide a general or
schematic plan. Said plan shall provide for access to rear portions
of the lot, and said access shall not be less than 50 feet in width.
In the case of commercial or industrial land uses the site plan shall
show how the entire lot may ultimately be developed and that there
will be orderly development of the phases or stages said development
may take.
[Amended 12-8-2009 by Ord. No. 15-2009]
(a)
The Land Use Board shall require that:
[1]
Access is sufficient for all portions of the
site;
[2]
Provision is made for connection to adjoining
properties or proposed new streets;
[3]
Reserve parcels will be sufficient to accommodate
permitted land use activities;
[4]
Upon ultimate build out of the entire tract
the various lots and their land use activities work in a harmonious,
orderly manner and that to the greatest extent possible there will
or is shared use of access, improvements and amenities so that the
entire tract is developed as a cohesive whole; and
[5]
Provision is made for interconnection with adjoining
properties' development(s), to the greatest extent possible share
use of access, improvements and amenities is considered for adjoining
commercial and/or industrial activities, and compatibility of layout,
landscaping, screening, buffering, and other improvements between
developments on adjoining properties.
(b)
The final site plan for a development subject
to the provisions of this subsection shall include reservation of
access and at the discretion of the Land Use Board a showing of such
reasonable specific future land use layout deemed necessary to assure
that the overall future development of the original tract of land
will not be compromised without reconsideration and review by the
Land Use Board.
(8)
For proper development of the land within the Township,
lots in all major subdivisions shall have an average depth no greater
than 250% of the average width, except where the width exceeds three
times the zoning requirement.
(9)
Where development on a lot is proposed at a distance of 300 feet or more from the adjoining road right-of-way, the driveway to be installed shall conform to § 60-42J(5).
(10)
Where there is a question as to the suitability of
a lot or lots for their intended use due to factors, such as poor
drainage conditions, or where permeation tests or test borings show
the ground conditions to be inadequate for proper on-lot sewage treatment,
the Land Use Board may, after adequate investigation, withhold approval
of such lots. If approval is withheld, the Land Use Board shall specify
the reasons for such denial in the minutes.
Q.
Manholes, inlets and catch basins. Residential developments shall comply with the provisions of the Residential Site Improvement Standards. In all other developments, whenever manholes, inlets or catch basins are proposed and/or required to be constructed they shall be constructed according to the New Jersey Department of Transportation Standards for Road and Bridge Construction, most recent edition, and the New Jersey Department of Transportation Standard Detail Drawings for size and type of structure(s) proposed. Where applicable and conditions warrant or where deemed necessary by the Land Use Board, all such facilities shall meet the requirements of § 60-42FF.
R.
Monuments. Monuments shall be the size and shape required
by N.J.S.A. 46:23-9.12 of the Map Filing Law, as amended, and shall
be placed in accordance with said statute and indicated on the final
plat. All lot corners shall be marked with a metal alloy pin of permanent
character.
S.
Off-site and off-tract improvements. As a condition
of preliminary approval and prior to any construction or filing of
an application for final approval of a subdivision or site plan, the
applicant shall have made cash payments or, with the consent of the
Township Committee, installed, in the manner provided below, with
respect to the immediate or ultimate installation of any required
off-site and/or off-tract improvements:
(1)
Allocation of costs; criteria in determining allocation.
The allocation of costs for off-site and/or off-tract improvements,
as between the applicant, other property owners, and the Township
or any one or more of the foregoing, shall be determined by the Land
Use Board, with the assistance of the appropriate Township agencies,
on the basis of the total cost of the off-tract improvements, the
increase in market values of the property affected and any other benefits
conferred and the needs created by the application, population and
land use projections for the general area of the applicant's property
and other areas to be served by the off-site or off-tract improvement,
the estimated time of construction of the off-site or off-tract improvements
and the condition and periods of usefulness, which periods may be
based upon the criteria of N.J.S.A. 40A:2-22. Requirements for off-site
and/or off-tract improvements shall be consistent with N.J.S.A. 40:55D-42.
In addition, the following criteria may also be considered, as well
as any other reasonable criteria the Land Use Board deems is necessary
to protect the health, safety and general welfare of the Township:
(a)
Streets, curbs, sidewalks, shade trees, streetlights,
street signs and traffic light improvements may also be based upon
the anticipated increase of traffic generated by the application.
In determining such traffic increase, the Land Use Board may consider
traffic counts, existing and projected traffic patterns, quality of
roads and sidewalks in the area and other factors related to the need
created by the application and the anticipated benefits thereto.
(b)
Drainage facilities may also be based upon or
be determined by the drainage created by or affected by a particular
land use, considering:
[1]
The percentage relationship between the acreage
of the application and the acreage of the total drainage basin.
[2]
The use of a particular site and the amount
of area to be covered by impervious surfaces on the site itself.
[3]
The use, condition and status of the remaining
area in the drainage basin.
(c)
Water supply and distribution facilities may
be also based upon the added facilities required by the total anticipated
water use requirements of the property of the applicant and other
properties in the general area benefiting therefrom.
(d)
Sewerage facilities may be based upon the proportion
that the total anticipated volume of sewage effluent of the applicant's
property and other properties connected to the new facility bears
to the existing capacity of existing sewerage facilities, including
but not limited to, lines and other appurtenances leading to and servicing
the applicant's property. Consideration may also be given to the types
of effluent and particular problems requiring special equipment and
added costs for treatment. In the event that the applicant's property
shall be permitted to be connected to existing sewer facilities, the
applicant shall pay a charge or be assessed in accordance with law.
(2)
Determination of cost of improvements. The costs of
installation of required off-site and/or off-tract improvements shall
be determined by the Land Use Board with the advice of the Township
Committee and/or Township Engineer and appropriate Township or other
agencies involved.
(3)
Manner of construction. When those estimates are received,
the Township Committee shall then decide whether the off-site or off-tract
improvement is to be constructed by:
(4)
Amount of contribution. When the manner of construction
has been determined, the applicant may be required to provide a cash
deposit to the Township of one of the following amounts:
(a)
If the improvement is to be constructed by the
Township as a general improvement, an amount equal to the difference
between the estimated cost of the improvement and the estimated total
amount, if less, by which all properties to be serviced thereby, including
the subject property, will be specifically benefited by the off-site
or off-tract improvement.
(b)
If the improvement is to be constructed by the Township as a local improvement, then, in addition to the amount referred to in § 60-42S(4)(a) above, the estimated amount by which the subject property will be specifically benefited by the off-tract improvement.
(c)
If the improvement is to be constructed by the
applicant, an amount equal to the estimated cost of the off-site or
off-tract improvement, less an offset for benefits to properties other
than the subject property.
(5)
Payment of allocated costs.
(a)
The estimated costs of the off-site or off-tract
improvement allocated to the applicant, if deposited in cash, shall
be paid by the applicant to the Township Chief Financial Officer,
who shall provide a suitable depository therefor, and such funds shall
be used only for the off-site or off-tract improvement for which they
are deposited or improvements serving the same purpose, unless such
improvements are not initiated by the Township within a period of
10 years from the date of payment, after which time said funds so
deposited shall be returned, together with accumulated interest or
other income thereon, if any.
(b)
In the event that the payment by the applicant
to the Township Chief Financial Officer provided for herein is less
than its share of the actual cost of the off-site or off-tract improvement,
then it shall be required to pay its appropriate share of the cost
thereof.
(c)
In the event that the payment by the applicant
to the Township Chief Financial Officer provided for above is more
than its appropriate share of the actual cost of installation of the
off-site or off-tract improvement, it or its successor or assigns
shall be repaid an amount equal to the difference between the deposit
and its share of the actual cost.
(d)
If the applicant shall deem that any of the
amounts so estimated by the Land Use Board are unreasonable, it may
challenge them and seek to have them revised in appropriate proceedings
brought to compel subdivision or site plan approval.
(e)
If the applicant and the Land Use Board cannot
agree with respect to the applicant's appropriate share of the actual
cost of the off-site or off-tract improvement or the determination
made by the officer or board charged with the duty of making assessments
as to special benefits, if the off-site or off-tract improvement is
to be constructed as a local improvement, no approval shall be granted;
provided, however, that the applicant may challenge each determination
and seek to have it revised in appropriate judicial proceedings in
order to compel subdivision or site plan approval.
(6)
Assessment of properties. Upon receipt from the applicant
of its allocated share of the costs of the off-site or off-tract improvements,
the Township may adopt a local improvement assessment ordinance for
the purpose of construction and installation of the off-site or off-tract
improvements based upon the actual cost thereof. Any portion of the
cost of the improvements not defrayed by a deposit by the applicant
may be assessed against benefiting property owners by the Township.
Any assessments for benefits conferred made against the applicant
or its successors in interest shall be first offset by a pro rata
share credit or the allocated costs previously deposited with the
Township Chief Financial Officer pertaining thereto. The applicant
or its successors in interest shall not be liable for any part of
an assessment for such improvements unless the assessment exceeds
the pro rata share credit for the deposit, and then only to the extent
of the deficiency.
(7)
Credit for work performed. In the event that the applicant,
with the Township's consent, decides to install and construct the
off-site or off-tract improvement or any portion thereof, the certified
cost shall be treated as a credit against any future assessment for
that particular off-site or off-tract improvement or portion thereof
constructed by the Township in the same manner as if the developer
had deposited its apportioned cost with the Township Chief Financial
Officer, as provided herein.
(8)
Installation of improvements by applicant.
(a)
At the discretion and option of the Township
and with the consent of the applicant, the Township may enter into
a contract with the applicant providing for the installation and construction
of off-site or off-tract improvements by the applicant upon contribution
by the Township of the remaining unallocated portion of the cost of
the off-site or off-tract improvement. Whenever the Township shall
enter into such an agreement with an applicant, said applicant shall
provide proof of compliance with all laws and/or regulations which
would be binding on the Township if it were to be undertaking said
development, such as but not limited to, the Public Contracts Law,[5] payment of prevailing wage, the Equal Opportunities Employment
Act, Americans with Disabilities Act, and any other requirement being
in effect at time of construction.
[5]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
(b)
In the event that the Township so elects to
contribute to the cost and expense of installation of the off-site
or off-tract improvements by the applicant, the portion contributed
by the Township shall be subject to possible certification and assessment
as a local improvement against benefiting property owners in the manner
provided by law, if applicable.
(9)
Compliance to design criteria. Should the applicant
and the Township enter into a contract for the construction and erection
of the off-site or off-tract improvements to be done by the applicant,
said contract shall observe all requirements and principals of this
chapter in the design of such improvements.
T.
Off-street parking and loading design standards. The following shall apply to all off-street loading and parking facilities as required by §§ 60-79 and 60-80:
(1)
There shall be appropriate means of access to a street
or alley, as well as sufficient area to permit on-site maneuvering
and docking. Off-street loading and parking spaces and maneuvering
areas shall be surfaced with a dustless, durable, all-weather pavement,
which shall be adequately drained, all subject to the approval of
the Township Engineer.
(2)
The minimum dimensions of stalls and aisles in parking
facilities shall be as follows:
(a)
Parking space width shall be at least nine feet.
(b)
Parking space depth shall be at least 18 feet,
with said dimensions measured on the angle for all angle parking.
Parallel parking spaces shall be a minimum of 22 feet in length.
(c)
Minimum width of aisles providing access to
stalls for two-way traffic shall be 25 feet.
(d)
Minimum width of aisles providing access to
parking spaces for one-way traffic only, varying with the angle of
parking, shall be:
|
Angle of Parking
(degrees)
|
Minimum Aisle Width
(feet)
| |
|---|---|---|
|
Parallel
|
12
| |
|
More than 30, but less than 45
|
13
| |
|
45
|
14
| |
|
60 or less, but greater than 45
|
18
| |
|
90 or less, but greater than 60
|
25
|
(3)
Parking and loading areas shall be designed to permit
each motor vehicle to proceed to and from the parking space or loading
area provided for it without requiring the moving of any other vehicle.
In addition, parking spaces within any parking areas shall be designed
to provide physical barriers to prevent vehicles parked therein to
touch an adjoining building, structure or planted area or to overhang
or protrude into planted areas or pedestrian walkways.
(5)
The maximum width of driveways and sidewalk openings
measured at the street lot line shall be 35 feet, and the minimum
width shall be 20 feet for loading facilities. In the case of handicapped
parking spaces, adequate provision shall be made for access from said
handicapped space to the facility it serves without impediments or
barriers related to landscaping, buffering, site design or fixture
placement.
(6)
For the purpose of servicing any property held under
single and separate ownership, entrance and exit drives crossing the
street line shall be limited to two along the frontage of any single
street, and their center lines shall be spaced at least 80 feet apart
in the case of loading facilities and 30 feet apart for parking areas.
On all corner properties, there shall be spaced a minimum of 60 feet,
measured at the curbline, between the center line of any entrance
or exit drive and the street line of the street parallel to said access
drive.
(7)
All loading spaces and access drives shall be at least
five feet from any side or rear lot line.
(8)
All artificial lighting used to illuminate any loading
space or spaces shall be so arranged that no direct rays from such
lighting shall fall upon any neighboring properties.
(9)
The arrangement of off-street loading spaces shall
be such that no vehicle would have occasion to back out into the street.
(10)
Off-street loading spaces shall be designed and used
in such a manner as to at no time constitute a nuisance or hazard
or unreasonable impediment to traffic.
(11)
The screening requirements of § 60-42E shall be applicable to all loading areas, including access and maneuvering areas, abutting residential or commercial zoning districts, and in the case of off-street parking areas of greater than 10 spaces, from all lots in an abutting residential zoning district, including side lots located across a street.
(12)
Parking areas shall not be located in the required
side or rear yards nor closer than 10 feet to the street's proposed
right-of-way line in the front yard. This requirement shall be maintained
to permit adequate buffering of the parking area.
(13)
All parking areas shall be suitably landscaped and buffered from adjacent land uses. At least 5% of the parking area shall be landscaped, along walkways, center islands and at the end of bays, to break up the amount of impervious surfaces. This landscaping requirement shall be in addition to the buffering provisions of § 60-42E. All double-loaded parking bays with more than 20 total parking spaces shall provide a park strip at least 10 feet in width between aisles. The park strip shall be suitably landscaped and shall include a four-foot sidewalk except if exclusive walkways are provided elsewhere on-site.
(14)
All off-street loading and parking spaces shall be
improved with a hard surface pavement such as paver blocks, macadam
or cement. Where appropriate based on the size of the area involved,
number of spaces provided and the nature of the business and its expected
or anticipated traffic volume, the Land Use Board may, in accordance
with the recommendations of its professional staff or other Township
officials, allow other suitable hard surface materials such as crushed
stone over a gravel base to specifications set by the Township Engineer.
All off-street loading and parking spaces shall be completed as required
prior to issuance of a certificate of occupancy.
U.
Planned developments. Any project proposed as a planned
development shall follow the appropriate zoning criteria of this chapter
and the applicable subdivision and/or site plan review criteria contained
herein. Prior to approval of any planned development, the Land Use
Board shall find the following facts and conclusions:
(1)
All planned development shall be designed to the specific
planned development provisions of this chapter. The planned development
provisions shall supersede any conflicting portions of this chapter
to the extent of such inconsistencies.
(2)
Proposal for maintenance and conservation of the common open space shall be reliable and, if proposed to be handled by a private agency, shall be established in accordance with the homeowners' association provisions of § 60-42M. Also, the amount, location, and purpose of common open space shall be adequate for the use intended.
(3)
The physical design of the proposed development for
public services, control of vehicular and pedestrian traffic, and
the amenities of light and air, recreation and visual enjoyment shall
be adequate to comply with appropriate portions of the Master Plan,
this chapter and reasonable planning design criteria.
(4)
The proposed planned development will not have an
unreasonably adverse impact upon the area in which it is proposed
to be established.
(5)
In the case of a proposed planned development which
contemplates construction over a period of years, the terms and conditions
intended to protect the interests of the public and of the residents,
occupants and owners of the proposed planned development in the total
completion of the project shall be found adequate and clearly defined
and protected.
V.
Recreational facilities.[6]
(1)
All recreational areas and facilities shall be designed
in accordance with the New Jersey Department of Environmental Protection
publication entitled "Administrative Guidelines: Barrier Free Design
Standards for Parks and Recreational Facilities." In reviewing proposed
recreational improvements and facilities in connection with the provisions
of this chapter, the Land Use Board shall be guided by the standards
contained in N.J.A.C. 7:50-6.143(a)2 and 6.144(a)1-3.
(2)
Any residential development involving 20 or more residential lots, excluding planned developments or other residential developments wherein open space and recreational area provision is required by this chapter, shall be required to provide 1,500 square feet per lot within said development, but in no case less than one acre of open space and recreational area for the use and enjoyment of the residents of said development, except in the case of Subsection V(3)(f) herein this section.
(3)
Whenever recreational area or facilities are proposed
or required under the provisions of this chapter, they shall conform
to the following standards where applicable:
(a)
Said recreational area shall not be utilized
for street rights-of-way, driveways, parking areas, utility stations,
required buffer strips or other nonrecreational or open spaces uses.
(b)
Not more than 50% of the total space saved shall
be located in one or more of the following: a floodplain, wetlands,
areas with a slope greater than 10%, watercourses, bodies of water
or other areas deemed unsuitable for recreational purposes due to
environmental or conservation reasons made evident by the Land Use
Board's review of the environmental impact of the proposed development,
including any environmental impact statement which might be required
by this chapter.
(c)
When the recreational and open space to be set
aside as provided herein exceeds three acres, at least 50% of the
total open space shall be developed by the applicant for active recreational
activities, facilities and uses which shall be found suitable to the
residents of the proposed development. Activities, facilities or uses
deemed appropriate and acceptable include, but are not limited to,
swimming pools, tennis, basketball and volleyball courts, ballfields,
tot-lots, golf courses, bicycle paths, trails and similar active recreational
pursuits. The remaining portion of the required open space may, with
Land Use Board approval and if warranted by the environmental impact
review, be permanently devoted to one or more of the following open
space or land uses: parks, landscaped areas or gardens (including
residents' garden plots), woodland conservation areas, game preserves,
stream preservation areas, wetlands, watershed protection or floodplain
areas or similar conservation areas which permit only passive recreational
activities.
(d)
All such recreational areas shall be reviewed by the Land Use Board, found adequate and approved. In its review, the Board shall investigate the size of the parcels devoted to open space and recreational areas, their location within the development, the topography and soils of said areas and the suitability of the uses contemplated or proposed, the configuration of the parcels under consideration, facilities and improvements to be provided, the provision made for maintenance and access to said parcels, traffic flow around said parcels, the ecological aspects, the staging and timing of the recreational area development and how various categories of recreational facilities or areas and their location will be proportionally related to the staging of the development of housing units or other uses if such staging is proposed. The Board shall find that such recreational or open space areas conform to the provisions of § 60-97E(1) through (5) and make whatever requirements necessary in granting preliminary approval to said development to assure compliance with the above cited sections.
(e)
Said recreational area or open space shall be owned and maintained by a homeowners' association unless the developer or the homeowners' association offers the dedication of said area or space to the Township which accepts as provided for in connection with a planned residential cluster development pursuant to § 60-97F.
(f)
Contribution in lieu of provision of open space
and recreation area.
[1]
In the case of conventional development, upon
request by the applicant the Land Use Board may permit, when requested
by an applicant and where deemed appropriate given the type of development
and its need for open space and recreation area, the applicant to
make a contribution in lieu of the provision of such open space and
recreation area on site. The option of a contribution in lieu of provision
of open space and recreation area on site shall not be allowed in
the case of cluster or planned developments wherein the density of
said development is directly related to open space and recreational
area provision. When so permitted said contribution shall be reasonably
equal to the cost of providing the required open space and recreational
area. The contribution shall be made to a fund established by the
Township of Pittsgrove or an agency thereof established according
to law, which is dedicated to the provision of open space and recreational
areas and to their purchase and development.
[2]
To assist the Land Use Board in determining
the amount of contribution, the applicant's engineer shall submit
a cost estimate for the provision of the required open space and recreation
area including the cost of land required therefor, which estimate
shall be reviewed by the Board, its professionals and other municipal
agencies or officials with knowledge of such costs prior to being
approved and accepted. In determining the sufficiency of said contribution,
the Board shall be guided by the type of development and expected
or generally applicable types of open space or recreational area and
facilities associated with same and the population to be served by
said development.
[3]
If approved and accepted, payment of said contribution
shall be made a condition of the development approval and a written
agreement guaranteeing said payment signed by the applicant and the
Township. Said agreement shall specify the amount to be paid, the
agency to which the monies are to be paid, and is to be binding on
the applicant and his successors. Payment shall be made in accordance
with a schedule which would have been required if provision of the
open space and recreational area were to be provided on site. Once
paid according to said agreement, the monies shall be used to purchase
and/or develop or improve open space or recreational areas within
the Township. Said monies shall be used within a reasonable period
of time from payment recognizing that such capital expenditures require
the amassing of suitable funding for such purchase or improvement.
[4]
Any contribution agreed to by the applicant
and Township as provided herein this section shall not be deemed to
be exclusively for the use of the future residents of the development
for which said contribution is made. Said contribution shall be an
alternative way of providing open space and recreational areas for
community residents and made necessary by new development. Any payment
made under the provisions of this section shall be maintained in the
escrow fund of the Township or any agency thereof and to which payment
is so authorized.
[5]
A contribution in lieu of providing open space
and recreational area as permitted herein shall be at the sole discretion
of the Land Use Board which shall be guided in that decision by the
intent of this section and the adopted Township Master Plan to assure
that sufficient open space and recreational area is provided for the
community's residents in an appropriate location and type.
W.
Sanitary sewers.[7]
(1)
Residential developments shall comply with the provisions
of the Residential Site Improvement Standards. In all other developments,
sanitary sewer facilities shall be provided and installed in accordance
with N.J.A.C. 5:21 for sewerage treatment facilities and according
to N.J.A.C. 9:9a for individual subsurface disposal systems. Sewerage
systems shall only be permitted in areas indicated for sewer service
in the State of New Jersey Statewide Water Quality Management Plan
(WQM) and where permitted by the NJDEP through sewer connection approval.
Sanitary sewer pumping systems shall be designed in accordance with
N.J.A.C. 7:14.
(2)
All sanitary sewer systems plans and specifications
shall be submitted to the Township Engineer prior to NJDEP permit
application submission.
X.
Stormwater management.[8]
[Amended 5-9-2006 by Ord. No. 5-2006; 2-24-2021 by Ord. No. 2021-1]
(1)
Scope and purpose.
(a)
Policy statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure best management practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
(d)
Compatibility with Other Permit and Ordinance Requirements.
[1]
Development approvals issued pursuant to this Subsection X 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 Subsection X shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
[2]
This Subsection X 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 Subsection X 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.
(2)
CAFRA CENTERS, CORES OR NODES
CAFRA PLANNING MAP
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
DISTURBANCE
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOODS
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
(a)
[1]
[2]
[3]
[4]
(b)
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
(a)
(b)
(c)
(d)
REGULATED MOTOR VEHICLE SURFACE
(a)
(b)
(c)
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
TIDAL FLOOD HAZARD AREA
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONES
URBAN REDEVELOPMENT AREA
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions. For the purpose of this Subsection X, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this chapter.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Commissioners to review
municipal stormwater management plans and implementing ordinances.
The county review agency may either be a county planning agency or
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.
The Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission, such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. In the case of development of agricultural land,
"development" means: any activity that requires a state permit, any
activity reviewed by the County Agricultural Board (CAB) and the State
Agricultural Development Committee (SADC), and municipal review of
any activity not exempted by the Right to Farm Act, N.J.S.A 4:1C-1
et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
Neighborhoods designated by the Urban Coordinating Council
"in consultation and in conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership, such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame
Species Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
Is the process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee, pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual development, as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of one-quarter acre or more of regulated impervious
surface since February 2, 2004;
The creation of one-quarter acre or more of regulated motor
vehicle surface since March 2, 2021; or
A combination of Subsection(a)[2] and [3] of this definition
that totals an area of one-quarter acre or more. The same surface
shall not be counted twice when determining if the combination area
equals one-quarter acre or more.
"Major development" includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection (a)[1], [2], [3], or [4] of this definition. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major development.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, "motor vehicle" does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation, including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Subsection X(4)(f) and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, groundwaters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (For the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or
Quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant, where the water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization
efforts.
Is defined as the geographic application of the State Development
and Redevelopment Plan's goals and statewide policies, and the
official map of these goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
Is defined as previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.
(3)
Design and performance standards for stormwater management measures.
(a)
Stormwater management measures for major development shall be
designed to provide erosion control, groundwater recharge, stormwater
runoff quantity control, and stormwater runoff quality treatment as
follows:
[1]
The minimum standards for erosion control are those established
under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39
et seq., and implementing rules at N.J.A.C. 2:90.
[2]
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
(b)
The standards in this Subsection X apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or water quality management plan adopted in accordance with Department rules.
(4)
Stormwater management requirements for major development.
(a)
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection X(10).
(b)
Stormwater management measures shall avoid adverse impacts of
concentrated flow on habitat for threatened and endangered species
as documented in the Department's Landscape Project or Natural
Heritage Database established under N.J.S.A. 13:1B-15.147 through
13:1B-15.150, particularly Helonias bullata (swamp pink) and/or Clemmys
muhlenbergii (bog turtle).
(c)
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection X(4)(p), (q) and (r):
[1]
The construction of an underground utility line, provided that
the disturbed areas are revegetated upon completion;
[2]
The construction of an aboveground utility line, provided that
the existing conditions are maintained to the maximum extent practicable;
and
[3]
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
(d)
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection X(4)(o), (p), (q) and (r) may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
[1]
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
[4]
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection X(4)(d)[3] above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection X(4)(o), (p), (q) and (r) that were not achievable on-site.
(e)
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection X(4)(o), (p), (q) and (r). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f), Tables 5-1, 5-2 and 5-3, and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
(f)
Where the BMP tables in the NJ Stormwater Management Rules are different due to updates or amendments with the tables in this Subsection X, the BMP tables in the Stormwater Management Rules at N.J.A.C. 7:8-5.2(f) shall take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(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)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60-80
|
No
|
No
|
—
|
|
(Notes corresponding to annotations(a) through (g) are found below Table 3.)
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity (or
for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver
or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)+nNo(c)
|
2(b)+n1(c)
|
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations (b) through (d) are found below Table 3.)
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C.
7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(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
|
1
|
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90
|
No
|
No
|
1
|
|
Wet pond
|
50-90
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at Subsection X(4)(o)[2].
|
|
(b)
|
Designed to infiltrate into the subsoil.
|
|
(c)
|
Designed with underdrains.
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline, and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation.
|
|
(e)
|
Designed with a slope of less than 2%.
|
|
(f)
|
Designed with a slope of equal to or greater than 2%.
|
|
(g)
|
Manufactured treatment devices that meet the definition of "green infrastructure" at Subsection X(2).
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection X(2).
|
(g)
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection X(6)(b). Alternative stormwater management measures may be used to satisfy the requirements at Subsection X(4)(o) only if the measures meet the definition of "green infrastructure" at Subsection X(2). Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection X(4)(o)[2] are subject to the contributory drainage area limitation specified at Subsection X(4)(o)[2] for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection X(4)(o)[2] shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection X(4)(d) is granted from Subsection X(4)(o).
(h)
Whenever the stormwater management design includes one or more
BMPs that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound or interference
with the proper functioning of the stormwater management measure itself.
(i)
Design standards for stormwater management measures are as follows:
[1]
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
[2]
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection X(8)(c);
[3]
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion-resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5
shall be deemed to meet this requirement;
[4]
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection X(8); and
[5]
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of 2 1/2 inches
in diameter.
(j)
Manufactured treatment devices may be used to meet the requirements of this subsection, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection X(2) may be used only under the circumstances described at Subsection X(4)(o)[4].
(k)
Any application for a new agricultural development that meets the definition of "major development" at Subsection X(2) shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection X(4)(o), (p), (q) and (r) 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.
(l)
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection X(4)(p), (q) and (r) shall be met in each drainage area, unless the runoff from the drainage areas converges 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.
(m)
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the office of the County Clerk. 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 Subsection X(4)(o), (p), (q) and (r) 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 Subsection X(10)(b)[5]. 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.
(n)
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection X(4) and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the office of the County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection X(4)(m) 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 X(4)(m) above.
(o)
Green infrastructure standards.
[1]
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards.
[2]
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection X(4)(p) and (q), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection X(4)(f) and/or an alternative stormwater management measure approved in accordance with Subsection X(4)(g). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed 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
|
[4]
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection X(4)(d) is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection X(4)(g) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection X(4)(p), (q) and (r).
[5]
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 Subsection X(4)(p), (q) and (r), unless the project is granted a waiver from strict compliance in accordance with Subsection X(4)(d).
(p)
Groundwater recharge standards.
[1]
This subsection contains the minimum design and performance
standards for groundwater recharge as follows.
[2]
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection X(5), either:
[a]
Demonstrate through hydrologic and hydraulic analyses
that the site and its stormwater management measures maintain 100%
of the average annual preconstruction groundwater recharge volume
for the site; or
[b]
Demonstrate through hydrologic and hydraulic analyses
that the increase of stormwater runoff volume from preconstruction
to post-construction for the two-year storm is infiltrated.
[3]
This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or to projects subject to Subsection X(4)(p)[4], below.
[4]
The following types of stormwater shall not be recharged:
[a]
Stormwater from areas of high pollutant loading.
High pollutant loading areas are areas in industrial and commercial
developments where solvents and/or petroleum products are loaded/unloaded,
stored, or applied, areas where pesticides are loaded/unloaded or
stored; areas where hazardous materials are expected to be present
in greater than "reportable quantities" as defined by the United States
Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where
recharge would be inconsistent with a Department-approved remedial
action work plan or landfill closure plan and areas with high risks
for spills of toxic materials, such as gas stations and vehicle maintenance
facilities; and
[b]
Industrial stormwater exposed to source material.
"Source material" means any material(s) or machinery, located at an
industrial facility, that is directly or indirectly related to process,
manufacturing or other industrial activities, which could be a source
of pollutants in any industrial stormwater discharge to groundwater.
Source materials include, but are not limited to, raw materials; intermediate
products; final products; waste materials; by-products; industrial
machinery and fuels, and lubricants, solvents, and detergents that
are related to process, manufacturing, or other industrial activities
that are exposed to stormwater.
(q)
Stormwater runoff quality standards.
[1]
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of one-quarter acre or more of
regulated motor vehicle surface.
[2]
Stormwater management measures shall be designed to reduce the
post-construction load of total suspended solids (TSS) in stormwater
runoff generated from the water quality design storm as follows:
[a]
Eighty percent TSS removal of the anticipated load,
expressed as an annual average, shall be achieved for the stormwater
runoff from the net increase of motor vehicle surface.
[b]
If the surface is considered regulated motor vehicle
surface because the water quality treatment for an area of motor vehicle
surface that is currently receiving water quality treatment either
by vegetation or soil, by an existing stormwater management measure,
or by treatment at a wastewater treatment plant is to be modified
or removed, the project shall maintain or increase the existing TSS
removal of the anticipated load expressed as an annual average.
[3]
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under an NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection X(4)(q)[2] above, unless the major development is itself subject to an NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
[4]
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
|
Table 4 - Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
[5]
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100,
|
|
Where:
| ||
|
R
|
=
|
total TSS percent load removal from application of both BMPs,
and
|
|
A
|
=
|
the TSS percent removal rate applicable to the first BMP
|
|
B
|
=
|
the TSS percent removal rate applicable to the second BMP.
|
[6]
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection X(4)(p), (q) and (r).
[7]
In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
[8]
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category 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.
[9]
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
[10]
These stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
(r)
Stormwater runoff quantity standards.
[1]
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
[2]
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection X(5), complete one of the following:
[a]
Demonstrate through hydrologic and hydraulic analyses
that for stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the preconstruction runoff hydrographs for the same
storm events;
[b]
Demonstrate through hydrologic and hydraulic analyses
that there is no increase, as compared to the preconstruction condition,
in the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
[c]
Design stormwater management measures so that the
post-construction peak runoff rates for the two-, ten- and 100-year
storm events are 50%, 75% and 80%, respectively, of the preconstruction
peak runoff rates. The percentages apply only to the post-construction
stormwater runoff that is attributable to the portion of the site
on which the proposed development or project is to be constructed;
or
[d]
In tidal flood hazard areas, stormwater runoff
quantity analysis in accordance with Subsection X(4)(r)[2][a], [b]
and [c] above is required unless the design engineer demonstrates
through hydrologic and hydraulic analyses that the increased volume,
change in timing, or increased rate of the stormwater runoff, or any
combination of the three, will not result in additional flood damage
below the point of discharge of the major development. No analysis
is required if the stormwater is discharged directly into any ocean,
bay, inlet, or the reach of any watercourse between its confluence
with an ocean, bay, or inlet and downstream of the first water control
structure.
[3]
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse,
or receiving storm sewer system.
(5)
Calculation of stormwater runoff and groundwater recharge.
(a)
Stormwater runoff shall be calculated in accordance with the
following:
[1]
The design engineer shall calculate runoff using one of the
following methods:
[a]
The USDA Natural Resources Conservation Service
(NRCS) methodology, including the NRCS Runoff Equation and Dimensionless
Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part
630, Hydrology National Engineering Handbook, incorporated herein
by reference as amended and supplemented. This methodology is additionally
described in Technical Release 55 - Urban Hydrology for Small Watersheds
(TR-55), dated June 1986, incorporated herein by reference as amended
and supplemented. Information regarding the methodology is available
from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb10441
71.pdf or at United States Department of Agriculture Natural Resources
Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873;
or
[b]
The Rational Method for peak flow and the Modified
Rational Method for hydrograph computations. The rational and modified
rational methods are described in "Appendix A-9 Modified Rational
Method" in the Standards for Soil Erosion and Sediment Control in
New Jersey, January 2014. This document is available from the State
Soil Conservation Committee or any of the Soil Conservation Districts
listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone
number for each Soil Conservation District is available from the State
Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625.
The document is also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
[2]
For the purpose of calculating runoff coefficients and groundwater
recharge, there is a presumption that the preconstruction condition
of a site or portion thereof is a wooded land use with good hydrologic
condition. The term "runoff coefficient" applies to both the NRCS
methodology above at Subsection X(5)(a)[1][a] and the Rational and
Modified Rational Methods at Subsection X(5)(a)[1][b]. A runoff coefficient
or a groundwater recharge land cover for an existing condition may
be used on all or a portion of the site if the design engineer verifies
that the hydrologic condition has existed on the site or portion of
the site for at least five years without interruption prior to the
time of application. If more than one land cover have 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).
[3]
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.
[4]
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
[5]
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
(b)
Groundwater recharge may be calculated in accordance with the
following:
[1]
The New Jersey Geological Survey Report GSR-32, A Method for
Evaluating Groundwater-Recharge Areas in New Jersey, incorporated
herein by reference as amended and supplemented. Information regarding
the methodology is available from the New Jersey Stormwater Best Management
Practices Manual; at the New Jersey Geological Survey website at:
https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf; or at New
Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420,
Mail Code 29-01, Trenton, New Jersey 08625-0420.
(6)
Sources for technical guidance.
(a)
Technical guidance for stormwater management measures can be
found in the documents listed below, which are available to download
from the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
[1]
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
[2]
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
(b)
Submissions required for review by the Department should be
mailed to: The Division of Water Quality, New Jersey Department of
Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton,
New Jersey 08625-0420.
(7)
Solids and floatable materials control standards.
(a)
Site design features identified under Subsection X(4)(f) above, or alternative designs in accordance with Subsection X(4)(g) above, 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 X(7)(a)[2] below.
[1]
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
[a]
The New Jersey Department of Transportation (NJDOT)
bicycle-safe grate, which is described in Chapter 2.4 of the NJDOT
Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines;
or
[b]
A different grate, if each individual clear space
in that grate has an area of no more than 7.0 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.
[c]
For curb-opening inlets, including curb-opening
inlets in combination inlets, the clear space in that curb opening,
or each individual clear space if the curb opening has two or more
clear spaces, shall have an area of no more than 7.0 square inches
or be no greater than 2.0 inches across the smallest dimension.
[2]
The standard in Subsection X(7)(a)[1] above does not apply:
[a]
Where each individual clear space in the curb opening
in an existing curb-opening inlet does not have an area of more than
9.0 square inches;
[b]
Where the municipality agrees that the standards would cause inadequate
hydraulic performance that could not practicably be overcome by using
additional or larger storm drain inlets;
[c]
Where flows from the water quality design storm as specified in N.J.A.C.
7:8 are conveyed through any device (e.g., end of pipe netting facility,
manufactured treatment device, or a catch basin hood) that is designed,
at a minimum, to prevent delivery of all solid and floatable materials
that could not pass through one of the following:
[i]
A rectangular space 4.625 inches long and 1.5 inches wide (this
option does not apply for outfall netting facilities); or
[ii]
A bar screen having a bar spacing of 0.5 inch.
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 5:21-7.4(b)1].
[d]
Where flows are conveyed through a trash rack that has parallel bars
with one-inch spacing between the bars, to the elevation of the Water
Quality Design Storm as specified in N.J.A.C. 7:8; or
[e]
Where the New Jersey Department of Environmental
Protection determines, pursuant to the New Jersey Register of Historic
Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard
is an undertaking that constitutes an encroachment or will damage
or destroy the New Jersey Register listed historic property.
(8)
Safety standards for stormwater management basins.
(a)
This subsection sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This section applies to any new stormwater management BMP.
(b)
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection X(8)(c)[1], [2], and [3] for trash racks, overflow grates, and escape provisions at outlet structures.
(c)
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
[1]
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the stormwater management
BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
[a]
The trash rack shall have parallel bars, with no
greater than six-inch spacing between the bars;
[b]
The trash rack shall be designed so as not to adversely
affect the hydraulic performance of the outlet pipe or structure;
[c]
The average velocity of flow through a clean trash
rack is not to exceed 2.5 feet per second under the full range of
stage and discharge. Velocity is to be computed on the basis of the
net area of opening through the rack; and
[d]
The trash rack shall be constructed of rigid, durable,
and corrosion-resistant material and designed to withstand a perpendicular
live loading of 300 pounds per square foot.
[2]
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
such grate shall meet the following requirements:
[a]
The overflow grate shall be secured to the outlet
structure but removable for emergencies and maintenance.
[b]
The overflow grate spacing shall be no less than
two inches across the smallest dimension.
[c]
The overflow grate shall be constructed and installed
to be rigid, durable, and corrosion-resistant, and shall be designed
to withstand a perpendicular live loading of 300 pounds per square
foot.
[3]
Stormwater management BMPs shall include escape provisions as
follows:
[a]
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection X(8)(c), a freestanding outlet structure may be exempted from this requirement;
[b]
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Subsection X(8)(e) for an illustration of safety ledges in a stormwater management BMP; and
[c]
In new stormwater management BMPs, the maximum
interior slope for an earthen dam, embankment, or berm shall not be
steeper than three horizontal to one vertical.
(d)
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.
(e)
Safety ledge illustration.
 |
(9)
Requirements for a Site Development Stormwater Plan.
(b)
Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this Subsection X.X.
(c)
Submission of site development stormwater plan. The following
information shall be required:
[1]
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map, as appropriate, may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
[2]
Environmental site analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
[3]
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings, roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
[4]
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsection X(3) through (5) are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
[5]
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
[a]
Total area to be disturbed, paved or built upon,
proposed surface contours, land area to be occupied by the stormwater
management facilities and the type of vegetation thereon, and details
of the proposed plan to control and dispose of stormwater.
[b]
Details of all stormwater management facility designs,
during and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
[6]
Calculations.
[a]
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection X(4).
[b]
When the proposed stormwater management control
measures depend on the hydrologic properties of soils or require certain
separation from the seasonal high water table, then a soils report
shall be submitted. The soils report shall be based on on-site boring
logs or soil pit profiles. The number and location of required soil
borings or soil pits shall be determined based on what is needed to
determine the suitability and distribution of soils present at the
location of the control measure.
[7]
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection X(10).
[8]
Waiver from submission requirements. The municipal official or board reviewing an application under this Subsection X may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection X(9)(c)[1] through [6] when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
(10)
Maintenance and repair.
(b)
General maintenance.
[1]
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
[2]
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
[3]
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's or entity's
agreement to assume this responsibility, or of the owner's obligation
to dedicate a stormwater management facility to such person under
an applicable ordinance or regulation.
[4]
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
[5]
If the party responsible for maintenance identified under Subsection X(10)(b)[3] above is not a public agency, the maintenance plan and any future revisions based on Subsection X(10)(b)[7] below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
[6]
Preventative and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.) of the stormwater management measure,
including, but not limited to, repairs to or replacement of the structure;
removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of nonvegetated linings.
[7]
The party responsible for maintenance identified under Subsection X(10)(b)[3] above shall perform all of the following requirements:
[a]
Maintain a detailed log of all preventative and
corrective maintenance for the structural stormwater management measures
incorporated into the design of the development, including a record
of all inspections and copies of all maintenance-related work orders;
[b]
Evaluate the effectiveness of the maintenance plan
at least once per year and adjust the plan and the deed as needed;
and
[c]
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 X(10)(b)[6] and [7] above.
[8]
The requirements of Subsection X(10)(b)[3] and [4] do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
[9]
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the Municipal Engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or county may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
(c)
Nothing in this subsection shall preclude the municipality 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.
Y.
Structure and building design and siting.
(1)
In reviewing site plans for freestanding buildings
and structures, and depending on individual site characteristics,
consideration shall be given to positioning that provides a desirable
visual composition, avoids blocking natural vistas, provides a desirable
space enclosure, does not unnecessarily alter existing topography
and vegetation and otherwise respects established natural conditions
and surrounding buildings and structures and in particular, building
or structures of historic significance.
(2)
Consideration shall also be given to building materials,
use of color and/or texture, massing, fenestration and advertising
features as they relate to site conditions and harmonize with similar
elements in surrounding buildings and structures. Consideration shall
also be given to assure that future developments of structures and
buildings are harmonious and well-sited with regard to existing buildings
on the same site or adjoining properties.
(3)
The design and layout of buildings and parking areas
shall be reviewed so as to provide an aesthetically pleasing design
and efficient arrangement. In the orientation and siting of buildings,
the unique characteristics of the site shall be taken into account
with consideration given to relating building to the natural terrain,
creating desirable focal points, preserving natural views and respecting
the established character of the neighborhood. The overall plan shall
provide for a unified design with features that tie principal and
accessory structures together and relate site features successfully
and harmoniously to similar elements in surrounding buildings.
Z.
Traffic and circulation.
(1)
Acceleration and deceleration lanes.
(a)
Where a driveway serves right-turning traffic
from a parking area providing 200 or more parking spaces and/or the
abutting road has a peak hour traffic volume exceeding 1,000 vehicles
per hour, an acceleration lane shall be provided in accordance with
A Policy of Geometric Design of Highways and Streets, published by
the American Association of State Highway Officials, latest version.
(b)
Where a driveway serves an entrance to a development
providing 50 or more parking spaces, a deceleration lane shall be
provided for traffic turning right into the driveway from any collector
or arterial road. The deceleration lane is to be at least 200 feet
long and at least 13 feet wide, measured from the abutting road curbline.
A minimum forty-foot curb return radius will be used from the deceleration
lane into the driveway.
(2)
Bikeways.
(a)
Bikeways shall be required when the Land Use
Board finds provision of said bikeway(s) would be needed and utilized
based upon probable volume of bicycle traffic, the development's location
in relation to other populated areas, or its location with respect
to any overall bike route or trail adopted or established by the Land
Board or other applicable agency.
(b)
Bikeways 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 be designed and constructed in accordance with the
specifications and standards of the A Policy of Geometric Design of
Highways and Streets, published by the American Association of State
Highway Officials, latest version.
(3)
Customer service areas.
(a)
Any site plan for a development that provides
for temporary stopping space on-site for vehicles of customers or
patrons seeking service at a roadside business or business catering
to drive-in service where the customer does not leave his/her vehicle,
such a farm roadside stand, gasoline service station, drive-in bank,
restaurant providing take-out food service or similar use, shall ensure
that the stopping or maneuvering space is at least 10 feet removed
from the right-of-way of the adjoining road or street(s). In addition,
sufficient waiting or standing area for vehicles approaching the drive-in
window or service area shall be provided on-site to prevent the stacking
of vehicles onto the road or shoulder area within the public right-of-way.
(b)
Maneuvering space or area on-site shall be sufficient
so that no vehicle must back into the street or shoulder area thereof.
Any lane used exclusively for a drive-in window(s) or service area(s)
shall be separate from and in addition to driveway area sufficient
to permit other on-site traffic to maneuver around the site without
being blocked by the customer service area standing traffic.
(4)
Driveways. Any driveways providing access from a public
street or way to any permitted use or structure shall comply with
the following regulations:
(a)
Driveways shall enter the street or road right-of-way
at an angle between 75° and 105°.
(b)
The portion of the roadway lying between the
right-of-way line of the street and the driveway shall be surfaced
as a driveway extension.
(c)
Any curb opening shall be properly reconstructed
to the satisfaction of the Township Engineer. Where curbing does not
exist and conditions warrant, an adequate drain pipe shall be installed
as determined by the Township Engineer.
(d)
Driveway grades shall not exceed 8% by a distance
of 40 feet from any street or road right-of-way, unless otherwise
approved by the Township Engineer.
(e)
Driveway widths at the street right-of-way lines
shall be a minimum of 10 feet and maximum of 20 feet in connection
with single-family residential uses. All other uses shall conform
to the driveway regulations contained herein or as approved by the
Land Use Board on recommendation of its professional staff.
(f)
The number of driveways provided from a site
directly to any road shall be as follows:
|
Use
|
Length of Site Frontage
(feet)
|
Number of Driveways
| |
|---|---|---|---|
|
Residential
|
200 or less
|
1
| |
|
Commercial
|
200 or less
|
1
| |
|
Commercial on arterial or collector road
|
200 to 500
|
2
| |
|
All uses
|
Over 800
|
To be determined by Land Use Board upon receipt
of advice from the Township Engineer
|
(g)
All entrance and exit driveways to a road shall
be located to afford maximum safety to traffic on the road.
(h)
Any exit driveway or driveway lane shall be
so designed in profile and grading and shall be so located as to permit
the following maximum sight distance measured in each direction along
any abutting road; the measurement shall be from the driver's seat
of a vehicle standing on that portion of the exit driveway that is
immediately outside the edge of the road traveled or shoulder:
|
Allowable Speed on Road
(mph)
|
Required Sight Distance
(feet)
| |
|---|---|---|
|
25
|
150
| |
|
30
|
200
| |
|
35
|
250
| |
|
40
|
300
| |
|
45
|
350
| |
|
50
|
400
|
(i)
Wherever a site occupies a corner of two intersecting
roads, no driveway entrance or exit may be located within a minimum
of 30 feet of tangent of the existing or proposed curb radius of that
site.
(j)
No entrance or exit driveway shall be located
on the following portions of any collector or arterial road: on a
traffic circle, on a ramp of an interchange, within 30 feet of the
beginning of any ramp or other portion of an interchange, nor on any
portion of such road, where the grade has been changed to incorporate
an interchange.
(k)
Where two or more driveways connect a single
site to any one road, a minimum clear distance of 100 feet measured
along the right-of-way line shall separate the closest edges of any
two such driveways.
(l)
Driveways used for two-way operation shall intersect
any collector or arterial road at an angle as near 90°.
(m)
Driveways use by vehicles in one direction of
travel (right turn only) shall not form an angle smaller than 60°
with a collector or arterial road unless acceleration and deceleration
lanes are provided.
(n)
The dimensions of driveways shall be designed
to adequately accommodate the volume and character of vehicles anticipated
to be attracted daily onto the land development for which a site plan
is prepared. The required maximum and minimum dimensions for driveways
are indicated in the following table. Driveways serving large volumes
of daily traffic or traffic over 25% of which is truck traffic shall
be required to utilize high to moderate dimensions. Driveways serving
low volumes of daily traffic or traffic with less than 25% truck traffic
shall be permitted to use low to minimum dimensions.
|
Type of Development
|
One-Way Curbline Opening
(feet)
|
Operation Driveway Width
(feet)
|
Two-way Curbline Opening
(feet)
|
Operation Driveway Width
(feet)
|
|---|---|---|---|---|
|
5 to 10 family residence
|
12 to 15
|
10 to 13
|
12 to 30
|
10 to 26
|
|
10 family or more
|
12 to 30
|
10 to 26
|
24 to 36
|
24 to 46
|
|
Commercial and industry
|
24 to 50
|
24 to 34
|
24 to 50
|
24 to 46
|
|
Service station
|
15 to 36
|
12 to 34
|
24 to 36
|
20 to 34
|
(o)
The surface of any driveway subject to Township site plan approval shall be constructed with a permanent pavement of a type as approved by the Land Use Board upon recommendation of its professionals. Such pavement shall extend to the paved traveled way or paved shoulder of the road; required driveway dimensions are specified in § 60-42Z(4)(n) above.
(p)
Any vertical curve on a driveway shall be flat
enough to prevent the dragging of any vehicle undercarriage. Any driveway
profiles and grades shall be submitted to and approved by the Township
Engineer. Should a sidewalk be so located with respect to the curb
at a depressed-curb driveway that it is likely to cause undercarriage
drag, the sidewalk should be appropriately lowered to provide a suitable
ramp gradient.
(q)
Where a driveway provides access to a structure and said driveway is in excess of 50 feet in length from the abutting road right-of-way to the structure being served by said driveway, the owner of said property and dwelling or structure shall provide a minimum driveway of 20 feet for the initial 100 feet and a minimum of driveway of 12.5 feet. All trees shall be trimmed to a minimum height of 20 feet across the driveway area for vertical clearing space for the driveway's entire length. The driveway shall at a minimum be constructed of crushed stone or dense-graded aggregate. The driveway shall have a loop or "k" turnaround located within 100 feet of the dwelling. See also § 60-42J(5).
(r)
In all types of development, no certificate
of occupancy shall be issued prior to the completion of all driveways
and parking areas as required by this chapter and/or the Land Use
Board during development review. This section shall not apply to individual
single-family, detached dwelling units in a residential development
where other lots have not yet been sold, developed or requested occupancy
certificates.
(5)
Sidewalks.[9] Residential developments shall comply with the provisions
of the Residential Site Improvement Standards.
(a)
In all other developments, sidewalks shall be
required:
[1]
Along all streets and in particular within neighborhood
business, highway business or industrial/commercial zoning districts
or for major commercial, residential and industrial developments.
[2]
Both sides of roads classified as county or
municipal collector roads as defined in the circulation plan element
of the adopted Township Master Plan.
[3]
When a proposed development is located within
1/2 mile of a pedestrian attractor, which includes commercial establishments,
municipal or governmental buildings or offices, schools, places of
worship, post offices, and recreational areas so as to provide for
pedestrian movement to such facilities.
[4]
In minor subdivision, when the subdivision is
located immediately adjacent to an area where sidewalks are currently
provided, where installation of sidewalks is imminent or where a circulation
section of the Master Plan indicated the planned development of walkways.
(b)
Sidewalks may be required by the Land Use Board:
(c)
Sidewalks shall not be required in zones where
the minimum lot width is in excess of 150 feet.
(d)
In reviewing a request for a waiver of this
requirement, the Land Use Board shall be guided by the probable volume
of pedestrian traffic, the street classification in instances where
streets are involved, school bus stops, the development's location
in relation to other populated areas or pedestrian traffic attractors,
and the general type of improvement intended. The Land Use Board shall
further only grant waivers which are in accordance with the provisions,
goals and objectives of the adopted Township Master Plan.
(e)
When required and unless reduced or altered
in size or location by the Land Use Board, all sidewalks shall conform
to the following standards:
[1]
Sidewalks shall be at least four feet wide and
located as approved by the Land Use Board. Sidewalks shall be at least
four inches thick, except at the point of vehicular crossing where
they shall be at least six inches thick, of Class C concrete, having
a twenty-eight-day compression strength of 4,000 p.s.i. and shall
be air-entrained.
[2]
Finished sidewalks shall be true to specified
lines, grades and curvatures. Completed work shall be adequately protected
from traffic and the elements.
[3]
All sidewalks shall be designed and constructed
to provide for accessibility by the handicapped.
(f)
Where deemed appropriate based on projected
pedestrian traffic, site conditions and the character of the area,
i.e., especially in neighborhood business zoned areas, the Land Use
Board may permit the installation of pedestrian walkways instead of
full concrete sidewalks as required above. Such walkways may be constructed
of stone, mulch or chips designed and installed to provide a safe,
usable means of pedestrians to walk to or from parking areas or along
roadways in a natural setting. Whenever a waiver is requested from
the requirement of sidewalk installation, the Board shall first consider
requiring a pedestrian walkway, before granting a waiver for no means
of pedestrian accommodation and access.
(6)
Sight triangles.
(a)
Sight triangles shall be required at each quadrant
of an intersection of streets and streets and driveways. The area
within sight triangles shall be either dedicated as part of the street
right-of-way or maintained as part of the lot adjoining the street
and set aside on any subdivision or site plan as a sight triangle
easement. Within a sight triangle, no grading, planting or structure
shall be erected or maintained more than 30 inches above the street
center line or lower than eight feet above the street center line
except for street name signs and official traffic regulation signs.
Where any street or driveway intersection involves earth banks or
vegetation, including trees, the developer/owner shall trim such vegetation
and trees as well as establish proper excavation and grading to provide
for the sight triangle.
(b)
The sight triangle is that area bounded by the
intersecting street lines and a straight line which connects sight
points located on each of the two intersecting street lines the following
distances away from the intersection street lines: arterial streets
at 130 feet; collector streets at 60 feet; and local streets at 35
feet. Where the intersecting street 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 35 feet on the intersecting street.
(c)
Any proposed development requiring subdivision
or site plan approval shall provide sight triangle easements at each
driveway with the driveway classified as a local street for purposes
of establishing distances. In the case of a subdivision where actual
location of driveways may not yet be established at the time of subdivision
approval, the deed for the lot(s) involved in said subdivision shall
contain the requirement for the establishment and maintenance of the
sight triangle at the driveway intersection as required by this section.
(d)
The classification of existing and proposed
streets shall be those as defined in the adopted Master Plan or as
designated by the Land Use Board at the time of the application for
approval for a new street, not included in the Master Plan. Portions
of a lot set aside for the sight triangle may be calculated in determining
the lot area and may be included in establishing the minimum setbacks
required by the Schedule of District Regulations.[10]
[10]
Editor's Note: Said schedule is included at the end of this chapter.
(7)
Streets. In all other developments shall comply with
the following standards:
(a)
All development shall be served by improved
streets with an all-weather base and pavement with an adequate crown.
Streets shall be designed in accordance with A Policy on Geometric
Design of Highways and Streets, American Association of State Highway
and Transportation Officials (AASHTO), latest edition, and the Asphalt
Handbook for County and Municipal Engineers, New Jersey Society of
Municipal Engineers (NJMSE), latest edition. Street design shall be
based on their functional classification according to the United States
Department of Transportation Federal Highway Administration's functional
classification of highways. A standard local street shall have a cartway
width of 40 feet consisting of two twelve-foot travel lanes and two
eight-foot parking lanes. Depending on the nature of the neighborhood
and intensity of use, curbs, sidewalks and utility areas may be required.
Residential developments shall be governed by the New Jersey Residential
Site Improvement Standards, N.J.A.C. Title 5, Chapter 21. In keeping
with the rural and natural character of the landscape of the C Conservation
and RR Rural Residence Zoning Districts, subdivisions of 20 lots or
less shall use the rural street and lane configurations of the RSIS.
(b)
A cul-de-sac shall not be permitted except in
the C Conservation and RR Rural Residence Zoning Districts or in planned
developments where the developer proves to the satisfaction of the
Land Use Board that due to the terrain, configuration of the land
proposed for development, other existing conditions or the special
needs of the type of development, e.g., a cluster development, no
other street configuration would be reasonably possible. In making
the decision, the fact that more lots might be created by the use
of a cul-de-sac street instead of some other street configuration
shall not be a factor. In all other areas of the Township, loop streets
shall be used wherever possible in residential development layout
design.
(c)
When a development adjoins land capable of being
developed or subdivided further, suitable provision shall be made
for optimum access from the adjoining tract to existing or proposed
streets.
(d)
Local streets shall be designed to discourage
through traffic.
(e)
To conserve energy and permit the greatest potential
for buildings to a have a southern exposure, all new streets shall
have an east/west orientation whenever possible considering topographic
features and existing land use patterns.
(f)
Development bounded by arterial or collector
streets.
[1]
In all residential districts, development bounded
by an arterial or collector street shall control access to said streets
by having all driveways intersect minor streets. Where the size, shape,
location, or some other unique circumstances may dictate no other
alternative than to have a driveway enter an arterial or collector
street, the lot shall provide on-site turnaround facilities so it
is not necessary to back any vehicle onto an arterial or collector
road and abutting lots may be required to use abutting driveways with
one curb cut. All lots requiring reverse frontage shall have an additional
25 feet of depth to allow for the establishment of the buffers outlined
below unless such buffers are established in a reserve strip controlled
by the Township, county or state.
[2]
That portion of the development abutting an arterial or collector street right-of-way shall either be planted with nursery-grown trees to a depth of not more than the 25 feet as a buffer strip along the right-of-way line and for the full length of the development so that in a reasonable period of time a buffer area will exist between the development and the abutting roadway, or, where topography permits, earthen berms may be created at a sufficient height to establish a buffer between the development and the roadway. Berms shall not be less than five feet in height; they shall be planted with evergreens and deciduous trees according to a landscaping plan so as to be designed to have no adverse effect on nearby properties. All trees shall be of nursery stock having a caliper of not less than 2 1/2 inches measured three feet above ground level and be of an approved species as set forth in Subsection BB herein. They shall be of symmetrical growth, free of insect pests and disease, suitable for street use, and durable under the maintenance contemplated.
(g)
In all nonresidential developments the minimum
street right-of-way shall be measured from lot line to lot line and
shall be in accordance with the following schedule, but in no case
shall a new street that is a continuation of an existing street be
continued at a width less than the existing street although a greater
width may be required in accordance with the following schedules.
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 300 feet from the intersection
of the center lines.
|
Street Classification
|
R.O.W. Width
(feet)
|
Traffic Lanes
|
Width Between Curbs
(feet)
|
Total Utility and Right-of-way Outside
Curbs*
(feet)
|
|---|---|---|---|---|
|
Major arterial
|
86
|
4 at 12 feet
|
64
|
22
|
|
Arterial
|
86
|
2 at 12 feet
|
40
|
46
|
|
Rural arterial
|
66
|
2 at 12 feet
|
36
|
30
|
|
Collector
|
66
|
2 at 12 feet
|
36
|
30
|
|
Local street
|
50
|
2 at 12 feet
|
36
|
14
|
|
Source: Future Function Classification System,
prepared by Salem County Planning Board
|
|---|
|
* Shall be a minimum of four inches deep topsoil
stabilized, fertilized and seeded with grass.
|
(h)
No development showing reserve strips controlling
access to streets or another property or street, either developed
or undeveloped, shall be approved except where the control and disposal
of land comprising such strips has been given to the Township under
conditions imposed by the Land Use Board.
(i)
In the event that a development adjoins or includes
existing Township streets that do not conform to widths as shown on
either the Master Plan or Official Map or the street width requirements
of this chapter, additional land along both sides of said street sufficient
to conform to the right-of-way requirements shall be anticipated in
the subdivision design by creating oversized lots to accommodate the
widening at some future date. The additional widening may be offered
to the Township for the location, installation, repair and maintenance
of streets, drainage facilities, utilities and other facilities customarily
located on street rights-of-way and shall be expressed on the plat
as follows: "Street right-of-way easement granted to the Township
of Pittsgrove permitting the Township to enter upon these lands for
the purpose provided for and expressed in the Land Development Regulations
Ordinance of the Township of Pittsgrove." This statement on an approved
plat shall in no way reduce the subdivider's responsibility to provide,
install, repair or maintain any facilities installed in this area
dedicated by ordinance or as shown on the plat or as provided for
by any maintenance or performance guaranty. If a subdivision is along
one side only, 1/2 of the required extra width shall be anticipated.
(j)
The actual design and construction of all streets
or roads within the Township shall be subject to review and approval
of the Township Engineer in accordance with the provisions of this
chapter, the Residential Site Improvement Standards regulations with
regard to residential developments, any adopted Master Plan or Official
Map and any other applicable ordinances of Pittsgrove Township, County
of Salem, and State of New Jersey, or acceptable engineering standards.
(k)
Where dead-end streets or cul-de-sac are utilized,
they shall conform to the following standards:
[1]
Dead-end streets of a permanent nature (where
provisions for the future extension of the street to boundary of the
adjoining property is impractical or impossible) or of a temporary
nature (where provision is made for the future extension of the street
to the boundary line of adjoining property) shall provide a turnaround
at the end with a right-of-way radius of not less than 50 feet and
a cartway radius of not less than 40 feet. The center point for the
radius shall be on the center line of the associated street or, if
offset, to a point where the cartway radius also becomes a tangent
to one of the curblines of the associated street. In all cases, the
radius shall be sufficient to permit the maneuvering and turning of
emergency vehicles including fire trucks. The maximum radius of a
cul-de-sac shall be 50 feet in zoning districts with a minimum lot
width of 150 feet or more and 60 feet in zoning districts with a lot
width requirement of less than 150 feet. The right-of-way radius of
the turnaround shall be 60 feet and 70 feet for these respective zoning
districts. No cul-de-sac turnaround shall exceed a radius of 70 feet
except if an adequate landscaped circle is provided in which two-way
traffic is maintained.
[2]
If a dead-end street is of temporary nature,
provisions shall be made for removal of the turnaround and reversion
of the excess right-of-way to the adjoining properties as off-tract
responsibility of the developer creating the street extension when
the street is extended.
[3]
A dead-end street or cul-de-sac shall not provide
access to more than 20 residential nor more than 14 nonresidential
lots and/or not be longer than 1,000 feet. Dead-end streets shall
have a turnaround at the end with a right-of-way radius of not less
than 50 feet and an outside curb radius of not less than 40 feet.
Whenever possible, turnarounds shall be provided and provisions made
for future extension of the street and reversion of the excess right-of-way
to adjoining properties.
(l)
No street shall have a name which will duplicate
or so nearly duplicate in spelling or phonetic sound the names of
existing streets within the Township or adjoining municipalities so
as to be confusing therewith. The continuation of an existing street
shall have the same name. The names of new streets must be approved
by the Land Use Board.
(m)
In the case of local streets within a development where the Township Committee determines that the length of the street and the nature of adjacent uses warrant such reduction in the width of the paved surface, the width required in § 60-42Z(7)(g) may be reduced, but in no case shall the paved width of a local street be less than 26 feet.
(n)
The developer of any subdivision or development
shall provide for the installation of the underground service for
and all poles and fixtures for streetlighting. Streetlighting shall
be provided in accordance with the recommendations of the Township
Engineer and as required by the Land Use Board. Adequate lighting
shall be provided at all intersections and elsewhere as deemed necessary
by the Land Use Board. The developer shall pay to the Township the
costs of operation of said streetlighting (as determined by the standard
rates of the servicing utility) until the street upon which said streetlights
are installed is accepted by the Township Committee as a public street.
(o)
All streets and shoulder areas shall be paved
in accordance with the standards and specifications of the Township
Engineer based upon current engineering practice, the regulations
of this chapter and other applicable chapters, regulations and the
Standard Specifications for Road and Bridge Construction of the New
Jersey Department of Transportation, as currently amended.
(p)
Whenever a development abuts or crosses municipal
boundaries, 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 municipality as the exception,
the Land Use Board may require documentation that such access is legally
established, and that the access road is adequately improved and may
condition issuance of building permits and/or certificates of occupancy
on said lots to such access road's improvement as required herein.
(8)
Street signs. All signs identifying the name of a
street shall be installed on metal posts of the type, design and standards
utilized elsewhere in the Township. The location of such street signs
shall be determined by the Land Use Board, but there shall be at least
two street signs at each intersection. All street signs shall be located
free of visual obstruction.
AA.
Utilities.
(1)
New utility distribution lines and telephone lines
to locations not presently served by utilities shall be placed underground,
except those lines which are located on or adjacent to active agricultural
operations. All public services shall be connected to an approved
public utilities system, where one exists. Prior to the granting of
final approval, the applicant shall submit three copies of a final
plat or plan showing the installed location of these utilities, as
well as a written instrument from each serving utility which shall
indicate compliance with this section.
(2)
All electric utility transmission lines shall be located
within existing rights-of-way on existing towers or underground to
the maximum extent practical. Developments which abut existing streets
where overhead electric or telephone distribution supply lines have
heretofore been installed shall have future service connections installed
underground. Whenever the widening or extension of a street requires
the replacement or relocation of utilities, such replacement or relocation
shall be underground. Common trenches shall be utilized by utilities
where practical.
(3)
In large-scale developments, easements along rear
or side property lines may be required. Such easements shall be at
least 20 feet wide and, to the extent possible, shall be centered
on or adjacent to rear or side lot lines.
BB.
Vegetation and landscaping.
(1)
No development shall be carried out unless it is designed
to avoid irreversible adverse impacts on the survival of any local
populations of threatened or endangered plants listed in any applicable
federal, state or local list of threatened or endangered plants.
(2)
All clearing and soil disturbance activities shall
be limited to that which is necessary to accommodate an activity,
use or structure which is permitted by this chapter.
(3)
Where practical, all clearing and soil disturbance
activities associated with an activity, use or structure, other than
agriculture, forestry and resource extraction, shall:
(4)
Applications for minor site plans and all major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection BB(6) below.
(5)
Shade trees. All new developments shall be required to install shade trees along all roadway frontages, in large parking lots and in other areas as set forth herein this chapter and/or required as a condition of approval of said development. The Land Use Board may waive the requirement of the planting of shade trees in connection with the provisions of § 60-42I, Energy conservation. When required, planting of shade trees shall comply with the following requirements:
(a)
Trees shall be at least eight feet in height
and 2 1/2 inches in caliper measured three feet above ground
level when planted, of approved stock, and free of disease and insect
posts.
[Amended 12-8-2009 by Ord. No. 15-2009]
(b)
Any plant material which does not live shall
be replaced within one year or one growing season. Such trees shall
be of a species and at locations approved by the Land Use Board. No
trees shall be planted within 25 feet of any street intersection.
(c)
Shade trees shall be a deciduous variety of
a species approved by the Land Use Board. The following species shall
not be considered as acceptable for shade tree use:
|
Acer negundo (box elder)
| |
|
Acer platanoides (Norway maple)
| |
|
Acer platanoides schwedler (Shwedeler's maple)
| |
|
Acer rubrum [red (swamp) maple]
| |
|
Acer saccharinum (silver maple)
| |
|
Ailianthus altissima (tree of heaven)
| |
|
Betula (birch), all species
| |
|
Catalpa, all species
| |
|
Gingko biloba, female species only
| |
|
Gleditsia (honey locust and thornless honey
locust), all species
| |
|
Juglans (walnut), all species
| |
|
Paulownia (empress tree)
| |
|
Platanus (plane or buttonwood), all species
| |
|
Populus (poplar and cottonwood), all species
| |
|
Quercus palustris (pin oak)
| |
|
Salix (willow), all species
| |
|
Ulmus (elm), all species
| |
|
All fruit trees
|
(d)
In all major subdivisions, shade trees shall
be provided along the road frontage. Two trees properly planted, staked
and fertilized as required herein this section, shall be provided
for every 100 feet of road frontage except if an equivalent number
of trees are preserved within 50 feet of the right-of-way.
(6)
In order to conserve water, conserve natural features
and reduce pollution from the use of fertilizers, pesticides and other
soil supplements, all landscaping or revegetation plans required pursuant
to SubsectionBB(4) and (10) of this section or any checklist requirements[11] pursuant to § 60-36 shall incorporate the following elements:
(a)
The limits of clearing shall be identified;
(b)
Existing vegetation, including New Jersey's
Record Trees as published by the New Jersey Department of Environmental
Protection in 1991 and periodically updated, shall be incorporated
into the landscape design where practical;
(c)
Permanent lawn or turf areas shall be limited
to those specifically intended for active human use such as play fields,
golf courses and lawns associated with a residence or other principal
nonresidential use. Existing wooded areas shall not be cleared and
converted to lawns except when directly associated with and adjacent
to a proposed structure; and
(d)
The locations and identification of all trees
and shrubs proposed to be used when required for screening and buffering,
or for ornamental purposes around buildings and other structures.
[11]
Editor's Note: The checklists are included
at the end of this chapter.
(7)
All shade trees shall have a minimum diameter of 2
1/2 inches measured three feet above the ground. Trees shall be planted
in sufficient frequency to provide shade, shall be balled and burlapped,
nursery grown, free from insects and disease, and true to species
and variety. Stripping trees from a lot or filling around trees on
a lot shall not be permitted unless it can be shown that grading requirements
necessitate removal of trees, in which case those lots shall be replanted
with trees to reestablish the tone of the area to conform with adjacent
lots. Dead or dying trees shall be replaced by the developer during
the next recommended planting season.
(8)
Off-street parking areas located in commercial or
industrial zoning districts providing parking spaces for 100 or more
vehicles shall provide suitable landscaping to break the monotony
of the paved area. Divider strips and buffers, islands and other such
landscaped areas within parking lots or areas shall be planted with
grass, shrubs, bushes and shade trees in order to alleviate an otherwise
barren expanse of open, paved or parking area and unsightly appearance
and as an aid to stormwater disposal. Adequate provisions shall be
made to ensure that such landscaping shall be maintained in good condition.
Such planting shall be designed so as not to interfere or impair solar
access for any structure or use located on the same property therewith,
nor to cause visual obstruction for traffic using the property involved
or streets abutting same.
(9)
Open space adjacent to buildings, not surfaced such
as walkways, driveways, parking areas, utility areas or other required
improvements in any multifamily residential project, shall be graded
and seeded to provide a thick stand of grass or other groundcover
material. Suitable and sufficient landscaping with trees and shrubs
shall be provided for each dwelling units as approved by the Land
Use Board. Once again care shall be taken to prevent interference
with solar access to structures or units either now or in the future
as plants and trees grow.
(10)
A landscaping plan shall be submitted with each
site plan application. The plan shall identify and locate existing
and proposed trees, shrubs, bushes, plant material and groundcover.
The plan shall also indicate any proposed alterations of the terrain
for landscaping purposes. The following principals shall be followed
in the development of the landscaping plan.
(a)
Landscaping shall be designed to accent and
compliment buildings and shall be located to assist with interior
climate control.
(b)
The impact of any proposed landscaping plan
shall be considered over time so that shrubs or trees do not grow
and eventually block sight distances. This concern is particularly
important at driveway entrances and in parking areas.
(c)
Factors, such as texture, color, shapes and
foliage, shall be considered in the choice of species. In addition,
the susceptibility of the species to disease and litter or maintenance
problems must be considered.
(d)
The preservation of existing trees and vegetation
is encouraged. All existing trees having a diameter of 15 inches or
more measured three feet above ground level shall be incorporated
into the landscaping plans and preserved. Although the alteration
of the existing terrain may be permitted to accomplish appropriate
landscaping objectives, the grade around existing trees that are incorporated
into the landscaping plans may not be varied more than six inches
unless properly designed tree wells are incorporated into the landscaping
plans. The plans must also show how existing trees that are being
preserved will be protected from damage during development of the
property.
[Amended 12-8-2009 by Ord. No. 15-2009]
(11)
The important natural features of a site shall
be preserved in the design of development. Natural features which
shall be protected include the natural terrain, wetlands, wooded areas,
vistas, natural drainageways and lakes. A development shall only be
permitted to significantly alter or encroach on the existing natural
features of a tract of land if the Land Use Board is convinced that
the alteration is the minimum necessary to allow the use of the land
for the intended purpose and there is no alternative to the development
design which would eliminate or mitigate any adverse impact on natural
features.
(12)
No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed within the development so as to provide at least four inches of cover to all areas of the development and shall be stabilized by seeding or planting. The owner of premises or the person in charge of a development whereon soils removal is proposed, when permission for same in accordance with the provisions of § 60-53.1 has been duly granted, shall not take away the top layer of arable soils for a minimum depth of six inches, but such top layer of arable soils to a depth of six inches shall be set aside for retention on the premises and shall be spread over the premises when the rest of the soil has been removed, pursuant to amounts and contour lines approved by the Land Use Board and any permit for soil movement issued by the Township Committee.
[Amended 12-28-2004 by Ord. No. 2004-11]
CC.
Visual obstruction. In any district, nothing shall
be erected, placed or allowed to grow in such a manner as to materially
impede vision between a height of 2 1/2 feet and 10 feet above the
center line grade of an abutting street or streets within the sight
triangle as established elsewhere in this chapter.
DD.
Water management.
(1)
All surface water runoff shall be managed in accordance with the standards contained in § 60-42EE(2)(e), Water quality.
(2)
Buildings serviced by a central sewage system shall
be designed to include water saving devices.
EE.
Water quality.
(1)
All development permitted under this chapter shall
be designed and carried out so that the quality of surface and groundwater
shall be protected. Except as specifically authorized in this section,
no development which degrades surface or groundwater quality or which
establishes new point sources of pollution shall be permitted.
(2)
Use of the following substances is prohibited in the
Township to the extent that such use will result in direct or indirect
introduction of such substances to any surface, or ground- or surface
water or any land:
(3)
No person shall apply any herbicide to any road or
public utility right-of-way within the Township unless necessary to
protect an adjacent agricultural activity.
(5)
Debris, oils, sediments and other hazardous substances
are to be kept from entering public or private stormwater management
systems through use of devices or technologies as approved by the
Land Use Board, upon recommendation of its professionals.
FF.
Water supply. Residential developments shall comply
with the provisions of the Residential Site Improvement Standards
regarding the provision of potable water supplies. In all other developments,
the following provisions shall apply:
(1)
Where water is accessible from a servicing utility,
the developer shall arrange for the construction of water mains in
such a manner as to make adequate water service available to each
lot, dwelling unit or use within the development. The entire system
shall be designed in accordance with the requirements and standards
of the Township, county and/or State of New Jersey 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.
(2)
Water supply facilities and systems shall be provided
and installed in accordance with the specifications of this chapter
and as required and approved by the Township Engineer. Said water
supply facilities and systems shall be designed and installed for
either immediate or future connection with a public or on-site community
water supply facility or system approved by the appropriate state
agency and the Township of Pittsgrove. In areas where public water
supply does not exist or is not expected to be provided within a reasonable
period of time in the opinion of the Land Use Board, the Board may
waive the requirement that water supply systems and facilities be
installed to connect to or with a public system or facilities.
(3)
In those cases where a public water supply facility
or system is not presently available and the site of the proposed
development is unsuitable and unsafe in terms of public health for
individual, on-site water supply facilities, as determined by the
New Jersey Department of Environmental Protection, Department of Health
or other appropriate agency, an on-site community water supply system
approved by the New Jersey Department of Environmental Protection
and the Township of Pittsgrove governing body shall be installed.
Said on-site system shall be provided in addition to the required
installation of water supply facilities for those areas expected to
be provided with public water supply facilities or systems within
a reasonable period of time.
(4)
Where public water is not available, potable water
supply shall be provided to each lot on an individual well basis.
Appropriate and necessary testing within reason of land(s) proposed
for development may be required by the Land Use Board so as to determine
the suitability of the site, the proper location and evidence the
site can provide for adequate water supply. Individual wells shall
be designed and installed in accordance with the requirements and
standards of the Township, county and/or state agency having appropriate
jurisdiction.
GG.
Wetlands.
(1)
Development shall be prohibited in all wetlands and
wetlands transition areas except as specifically authorized in this
section.
(2)
Horticulture of native species and berry agriculture shall be permitted in all wetlands subject to the requirements of § 60-42BB(12).
(3)
Beekeeping shall be permitted in all wetlands.
(5)
Fish and wildlife management activities shall be permitted in all wetlands subject to the standards of this article and provided that the activities do not result in a significant adverse impact as set forth in § 60-42GG(10).
(6)
Low-intensity recreational uses which do not involve use of a structure, including hunting, fishing, trapping, hiking, boating, and swimming, and other low-intensity recreational uses provided that any development associated with those other uses does not result in a significant adverse impact on the wetlands as set forth in § 60-42GG(10) below.
(7)
Commercial or public docks, piers, moorings, and boat
launches shall be permitted provided that:
(a)
There is a demonstrated need for the facility
that cannot be met by existing facilities;
(b)
The development conforms with all state and
federal regulations, and
(c)
The development will not result in a significant adverse impact as set forth in § 60-42GG(10).
(8)
Bridges, roads, trails and utility transmission and
distribution facilities and other similar linear facilities provided
that:
(a)
There is no feasible alternative route or site
for the facility that does not involve development in a wetland or,
if none, that another feasible route which results in less significant
adverse impacts on wetlands does not exist;
(b)
The need for the proposed linear improvement
cannot be met by existing facilities or modification thereof;
(c)
The use represents a need which overrides the
importance of protecting the wetland;
(d)
Development of the facility will include all
practical measures to mitigate the adverse impact on the wetland;
and
(9)
Agricultural and horticultural use, as defined in § 60-4 and limited by § 60-42GG(10).
(10)
A significant adverse impact shall be deemed
to exist where it is determined that one or more of the following
modifications of a wetland will have an irreversible effect on the
ecological integrity of the wetland and its biotic components, including,
but not limited to threatened or endangered species of plants or animals:
(a)
An increase in surface water runoff discharging
into a wetland;
(b)
A change in the normal seasonal flow patterns
in the wetland;
(c)
An alteration of the water table in the wetland;
(d)
An increase in erosion resulting in increased
sedimentation in the wetland;
(e)
A change in the natural chemistry of the ground-
or surface water of the wetland;
(f)
A loss of wetland habitat;
(g)
A reduction of wetland habitat diversity;
(h)
A change in wetland species composition; or
(i)
A significant disturbance of areas used by indigenous
and migratory wildlife for breeding, nesting or feeding.
(11)
Determination under § 60-42GG(10) above shall consider the cumulative modifications of the wetland due to the development being proposed and any other existing or potential development which may affect the wetland.
All developments shall comply or conform to
the provisions of this chapter including the Schedule of District
Regulations.[1] Standards and regulations contained in Articles X and XI of this chapter shall be met in addition to all standards and regulations contained within this article.
[1]
Editor's Note: Said schedule is included at the end of this chapter.
A.
Where due to special conditions, a literal enforcement
of the provisions of this article will result in unnecessary hardship
or be detrimental to the stated goals and objectives of the Township's
development policy as expressed in the Township Master Plan, the Land
Use Board may, by resolution, grant such waiver from or adjustment
to the requirements of this article as will not be contrary to the
public interest, and will carry out and implement the objectives of
the Township Master Plan and this chapter.
B.
All requests for waivers or adjustments to the design
standards contained in this chapter shall be submitted in writing
to the Land Use Board and shall clearly set forth reason(s) why literal
enforcement would not be possible, would cause substantial hardship
(detailing such hardship) or be contrary to Township planning goals
and objectives.
C.
In reviewing such requests, the Land Use Board shall
give consideration to the development size, anticipated or recognizable
adverse impact(s), natural and existing conditions at the development
site or adjacent thereto and reasonable feasibility of the design
standard to the development proposed.
A.
All improvements and performance standards in this
article, when required or applicable of or to a developer, shall be
subject to inspection by the Township Engineer, who shall be notified
by the developer at least seven days prior to the start of construction
and at least two days before each stage of construction. No underground
installation of any type shall be covered until inspected and approved
by the Township Engineer. In no case shall any paving work be done
without the permission of the Township Engineer's office so that he
or his qualified representatives may be present at the time work is
to be done. The Township Engineer's office shall be notified after
each phase of work has been completed (i.e., road subgrade, curb forms,
curbing, etc.) so that he or a qualified representative may inspect
the work.
B.
The Land Use Board may require the developer to provide
an office or shelter suitable for use by the on-site Township inspector(s)
when the development size and intensity warrants the same due to the
scope and complexity of required improvements.
C.
A final inspection of all improvements and utilities will be started within 10 days' notification by the developer to determine whether the work is in agreement with the approved final plats or plans and Township specifications. Upon receipt of a final inspection report, action will be taken to release or declare in default any performance guaranty concerning such improvements as set forth in Article VIII of this chapter. Inspection by the Township of the installation of improvements shall not operate to subject the Township to liability, suits and claims of any kind that may at any time arise because of defects or negligence during construction.
D.
For purpose of this article, the Township Engineer
shall undertake all plan or plat review of proposed aspects of a development
application, set design or performance specifications or standards
as required herein, and inspect all improvements and/or work to be
undertaken by an applicant as a condition of approval of the development,
when said improvement or work is to be located on public property,
rights-of-way or buildings or structures, or is to be dedicated or
offered to the Township of Pittsgrove upon its completion, inspection,
approval and acceptance.
