[Added 5-9-1988 by Ord. No. 367-88]
General requirements in the Critical Geologic Formation Zone. For all development proposals in the Critical Geologic Formation Zone, whether residential or nonresidential, a geologic investigation program to determine the potential for development shall be prepared and conducted in accordance with the requirements of § 165-72C. The geologic investigation program shall be designed to produce information and provide recommendations for site planning and engineering design and construction techniques which shall meet or exceed the standards of the geology study provisions of the geologic segment of the EIS (§ 165-72). The geologic segment of the EIS may be completed and filed prior to the completion of the other portions of the EIS at the applicant's option.
A. 
General. The applicant shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof:
(1) 
Development pattern. The subdivision plat shall conform to design standards that will encourage good development patterns within the Township.
(2) 
Conformance to Master Plan and Official Map. Where either or both an Official Map or Master Plan has or have been adopted, the subdivision shall conform to the proposals and conditions shown therein. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on an officially adopted Master Plan or Official Map shall be considered in the approval of subdivision plats.
B. 
Streets.
(1) 
The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets.
(2) 
All streets shall have rights-of-way and pavement widths sufficient to carry anticipated traffic, but in no event shall the right-of-way be less than shown on the Master Plan or Official Map. All streets shall be designed in accordance with the requirements of § 165-73, Roads and Improvements, of this chapter and in accordance with the Schedule to this Article XI.[1]
[1]
Editor's Note: The Schedule to Article XI is included at the end of this chapter.
(3) 
Marginal access. In subdivisions that abut arterial streets and such other streets or portions of streets as the Planning Board may designate on the Master Plan, the Planning Board may require provision for marginal access roads, reverse frontage lots with buffer strips for planting or other design methods for the purpose of separating through and local traffic.
(4) 
Right-of-way width. The right-of-way width shall be at least 50 feet unless a greater width is shown on the Master Plan or Official Map.
(5) 
No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the Township Council under conditions approved by the Planning Board.
(6) 
Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map or the street width requirements of this chapter shall dedicate additional width by easement along either one or both sides of said road. If the subdivision is along one side only, 1/2 of the required extra width shall be conveyed by easement to the Township. Portions of existing streets on which the subdivision fronts shall be improved in accordance with the Township Road and Improvement Ordinance and in accordance with the Schedule to this Article XI.
(7) 
Grades of arterial and collector streets shall not exceed 8%. Grades on other streets shall not exceed 10%. No street shall have a minimum grade of less than 1% or as approved by the Planning Board.
(8) 
Street intersections shall be at right angles. The block corners at intersections shall be rounded at the property line and have a radius of not less than 25 feet.
(9) 
Street jogs with center-line offsets of less than 125 feet shall be prohibited.
(10) 
A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.
(11) 
When connecting street lines deflect from each other at any one point by more than 10º and not more than 45º, they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets.
(12) 
All changes in grade shall be connected by vertical curves and shall provide a smooth transition and proper sight distance.
(13) 
A dead-end street or cul-de-sac intended to serve one- and two-family dwellings shall not exceed 1,500 feet in length nor serve more than 24 lots. Dead-end streets shall have a turnaround at the end with a radius of not less than 63 feet to the right-of-way line and tangent whenever possible to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.
(14) 
No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets.
[Amended 5-27-1993 by Ord. No. 516-93]
C. 
Blocks.
(1) 
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the zoning regulations and to provide for convenient access, circulation control and safety of street traffic.
(2) 
Pedestrian crosswalks may be required in blocks in locations deemed necessary by the Planning Board. Such walkways shall be 10 feet wide and be straight from street to street.
(3) 
For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.
D. 
Lots.
(1) 
Dimensions. Lot dimensions and area shall be not less than the requirements of the zoning regulations.
(2) 
Side lines. Insofar as practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
(3) 
Frontage. Each lot must front upon an approved street at least 50 feet in width.
(4) 
Setbacks. Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra-width line, and all setbacks shall be measured from such line.
(5) 
Suitability. All lots shall be suitable for their intended uses and, where necessary, increased in size to compensate for conditions such as steep slopes, rock formations and flood conditions.
E. 
Public use and service areas.
(1) 
Easements. In large scale developments, easements along rear property lines or elsewhere for utility installations may be required. Such easements shall be at least 15 feet wide and located in consultation with the companies or Township departments concerned.
(2) 
Drainage easements. Where a subdivision is traversed by a watercourse, drainageway channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially to the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose.
(3) 
Natural features. Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.
F. 
[Repealed 5-27-1993 by Ord. No. 516-93]
G. 
[Repealed 5-27-1993 by Ord. No. 516-93]
H. 
[2]Energy conservation. All subdivisions shall, to the greatest degree possible, follow energy-efficient design principles and maximize the use of renewable energy sources. Within the limits of practicability and feasibility, the criteria listed below shall be followed.
(1) 
Streets. Streets shall be so oriented as to permit the buildings to be constructed thereon to maximize solar gain. Where possible, streets shall run in an east-west direction.
(2) 
Lots. Lots shall also be oriented as to permit buildings to be constructed thereon to maximize solar gain. Where possible, the long access of a lot shall run in a north-south direction.
(3) 
Topography. The development shall take advantage of topographic features to maximize solar gain and afford protection from winter winds. Where possible, development shall be oriented to southerly slopes.
(4) 
Vegetation. Maximum use shall be made of natural vegetation which will afford protection from winter winds and provide shading in summer.
[2]
Editor's Note: Former Subsection H. Criteria for minimum lot size reduction in the R-1 Residence District, was repealed 8-13-1984 by Ord. No. 241-84. Said ordinance also provided that Subsection I shall be redesignated as Subsection H.
[Amended 11-23-1987 by Ord. No. 350-87; 12-14-1987 by Ord. No. 352-87; 12-14-1987 by Ord. No. 355-87; 8-27-1990 by Ord. No. 435-90; 10-22-1990 by Ord. No. 436-90; 10-10-1991 by Ord. No. 464-91; 5-27-1993 by Ord. No. 516-93; ; 6-24-1993 by Ord. No. 529-93; 4-26-2000 by Ord. No. 718-00; 6-14-2006; 9-13-2006 by Ord. No. 908-06; 6-13-2007 by Ord. No. 923-07; 4-27-2016 by Ord. No. 1084-16; ; 10-12-2016 by Ord. No. 1092-16; 10-28-2020 by Ord. No. 1142-2020; 6-26-2024 by Ord. No. 1202-2024]
A. 
General. In general, site plans shall follow the principles of design relating to subdivisions where applicable. In reviewing said site development plans, the Planning Board shall ascertain that the following requirements are complied with:
(1) 
The provisions of the zoning regulations with respect to height, minimum lot areas, mandatory open spaces and the like are complied with.
(2) 
Adequate provision is made for off-street parking in accordance with Subsection A(10) below, and adequate traffic circulation, traffic safety and protection to adjoining property is provided. Each parking space shall contain at least 180 square feet with a minimum width of nine feet measured perpendicular to the axis of the length and a minimum length of 20 feet. However, the minimum size of the parking space may be reduced to 162 square feet with a minimum width of nine feet, measured perpendicular to the axis of the length and with a minimum length of 18 feet if a bumper overhang area of two feet in depth is provided, which does not encroach upon any required sidewalk or a parking divider of less than four feet width.
(3) 
Adequate provision is made for the disposal of stormwater as approved by the Township Engineer. In addition, the requirements of the Clinton Township Surface Water Management Ordinance shall be met.
(4) 
The location, design or construction of any building is not likely to involve risks of traffic congestion, public safety or hazard.
(5) 
The design or construction of any building or use will not be so markedly incongruous with the character of the neighborhood as to materially affect the value of adjacent or nearby property.
(6) 
Lighting shall be designed in accordance with § 165-74.
(7) 
All parking areas shall provide for adequate ingress and egress and safe and convenient traffic circulation. Access drives and aisles shall be of sufficient width to permit safe access to parking spaces and safe traffic movement. Driveways leading to common parking areas, exclusive of driveways serving only one dwelling unit, whether attached or detached shall not be less than 75 feet from any street intersection nor 20 feet from another driveway, measured along the curbline. In addition, except as provided in Subsection B of this section, all off-street parking and loading areas, except for parking which is accessory to one-family dwellings, shall, unless otherwise provided by this chapter, meet the location requirements prescribed in the following schedule:
Schedule of Minimum Distances for Location
of Parking and Loading Areas
Zonea
From Buildingsb
(feet)
From Streets
(feet)
From Property Lines
(feet)
From Residential Zone
(feet)
RR-4S
12
25
25
25
R-3A
12
25
25
25
SR
12
15
15
15
VR
12
12
12
12
AH-1
12
50c
25
50
AH-2
12
25
25
25
AH-3
12
12
12
12
C-1
12
50
25
25
C-ROM
12
50
25
50
OB-1
12
50
25
50
OB-2
12
12
12
12
ROM-1
12
100
100
150
ROM-2
12
100
50
100
ROM-3
12
50
25
50
PDOa,c
12
See Article XXXIII.
NOTES:
a All uses except one and two-family dwellings.
b Loading areas excepted.
c Tract boundary line streets only.
(8) 
Off-street parking areas shall be used solely for the parking of passenger automobiles, and no commercial repair work or service of any kind shall be conducted on the parking lot, nor shall such lots be used for the parking of disabled, dismantled, inoperable or unregistered vehicles.
(9) 
Parking service aisles.
(a) 
All parking areas shall be designed with service aisles to meet the following standards:
Type of Parking
(angle)
Width of Aisle
(feet)
Parallel
12
30º
12
45º
13
60º
18
90º
24
(b) 
In addition, there shall be a minimum distance between parallel parking spaces of six feet when found necessary to provide for convenient access.
(10) 
Off-street parking requirements.
(a) 
For all new buildings or uses or additions to existing buildings or uses in all zone districts, there shall be provided the number of parking spaces required by the specific use, as prescribed in the following schedule:
Required Parking Spaces
Use
Number of Spaces
1- and 2-family dwelling
2 for each dwelling unit. Garages may be counted for up to 50% of the required parking.
Multifamily dwelling
1.8 spaces for each one-bedroom unit, 2.0 spaces for each two-bedroom unit, and 2.5 spaces for each three-bedroom unit or townhouse. At least 25% of the spaces shall be in open parking.
Low- and moderate-income housing
1-bedroom or efficiency unit
1.5 per unit
2-bedroom unit
1.75 per unit
3-or-more-bedroom unit
2.00 per unit
Church, auditorium, theater
1 for each 3 seating spaces or equivalent accommodation provided
School, studio, including nursery schools
1 for each 3 seats in public assembly areas; if no public assembly area, 1 space for each 100 square feet of floor area
Assembly hall, community building, social club, institution
1 for each 100 square feet of floor area
Funeral home, mortuary
10 for each slumber room
Retail store, shop or similar establishment
1 for each 200 square feet of floor area
Restaurant
Restaurants and drinking establishments
1 for each 50 square feet of floor area, except as set forth below for fast-food restaurants and take-out restaurants
Restaurants, Fast-food
1 for each 3 seats, whether inside or outside the building, plus 1 for each 75 square feet of floor area; where no seating is provided, 1 for each 50 square feet of floor area
Restaurant, take-out
1 for each 200 square feet of floor area
Self-storage facilities
8 spaces
Business, professional, and executive office
Less than 50,000 square feet gross floor area
4.5 per 1,000 square feet
50,000-99,999 square feet gross floor area
4.0 per 1,000 square feet
100,000 square feet or greater gross floor area
3.5 per 1,000 square feet
Bank and similar financial institution
1 for each 150 square feet of floor area
Conference center
1 for each 50 square feet of floor area, exclusive of areas devoted to sleeping accommodations, restaurants, recreation and similar ancillary facilities.
Nursing home
1 for each bed
Life-care facility
1 for each 2 dwelling units, plus 1 for each 2 nursing home beds
Hotel, motel
1 for each hotel or motel unit plus additional parking for other facilities available to persons other than hotel or motel guests as follows:
Restaurant
As specified elsewhere in this schedule
Convention/conference facilities
1 for each 150 square feet of floor area devoted to such use
Banquet/ballroom facilities area devoted to such use
1 for each 100 square feet of floor
Community residence under § 165-129
1 for each developmentally disabled person or victim of domestic violence
Medical office
1 for each 150 square feet of floor area
Building for tennis, racquet ball, bowling and similar indoor sports activities
2 for each person accommodated in maximum play
Post office
1 for each 150 square feet of floor area
Public garage, motor vehicle service station
1 for each 100 square feet of floor area
Shopping centers
Less than 400,000 square feet gross floor area
4.0 per 1,000 square feet
400,000-599,999 square feet gross floor area
4.5 per 1,000 square feet
600,000 square feet or greater gross floor area
5.0 per 1,000 square feet
Central telephone exchange
1 for each 200 square feet of floor area
Computer and data processing center
1 for each 200 square feet of floor area
Furniture and appliance store, motor vehicle sales, wholesale store, building material store and similar hard good sales
1 for each 400 square feet of floor area
Manufacturing plant, research laboratory, industry
1 for each 500 square feet of floor area
Warehouse, storage building
1 for each 1,000 square feet of floor area
Trucking terminal
2 for each loading bay
Ambulatory care facilities
2 for each recovery bed or treatment room, whichever is greater, plus 1 for each employee on the shift with the greatest number of employees
Assisted living
0.6 per dwelling unit
Residential health care facilities
1 per dwelling unit
(b) 
Any building containing more than one use shall meet the combined parking space requirements for all uses in the building. Any change in use within a building shall be required to meet the minimum parking requirements for the new use.
(c) 
Parking space requirements for a use not listed above shall be determined by the Planning Board on the basis of requirements of similar uses and on the basis of the specific nature of the use. In addition, the Planning Board shall have the authority to require a greater number of parking spaces than required above or the reservation of area for additional future parking if, due to the nature of the use, a greater number of spaces is likely to be needed now or in the future.
(d) 
If it can be clearly demonstrated that because of the peculiar nature of any use, all the required parking is not necessary, the Planning Board may permit a reduction in the amount of parking area to be paved; provided, however, that the entire required parking area shall be shown on the site plan so that it will be available in the event future conditions should so require.
(11) 
Off-street loading. In all districts, for every building or use requiring the receipt or distribution in vehicles of materials or merchandise, there shall be maintained on the same premises with such building or use at least one off-street loading space.
(a) 
Each loading space shall be at least 14 feet in width, 60 feet in length and have a sixteen-foot clearance above grade.
(b) 
Such space shall be located in the side or rear yard only, but in no case in a side yard adjoining a street.
(12) 
The provisions of this chapter pertaining to screening and landscaping as contained in § 165-63F and H shall be complied with.
(13) 
For all nonresidential uses, provision shall be made for the orderly deposit, storage and collection of trash, garbage and other waste material. Any trash, garbage and waste material stored outside of buildings shall be stored in suitable containers and in fenced or walled enclosures. Said enclosures may adjoin the rear wall of a building or a side wall of a building which does not face on either a street or a residential district or may be located in the rear yard and apart from the building, provided that all accessory building setbacks are met. Said enclosures shall be screened from view from any adjoining street or property when deemed necessary by the Planning Board. Any trash, garbage and waste material shall be so contained as to be protected from the elements and to eliminate potential for accumulation or scattering of debris. Garbage of an animal or vegetable nature, any trash or waste material that would attract vermin and insects and any other waste material which, by its nature, would present a health hazard if exposed to the elements shall be stored in airtight and/or leakproof, covered metal containers as may be necessary.
(14) 
All other applicable provisions of this chapter are met.
(15) 
The applicant has obtained necessary approvals of any state, county or municipal agencies.
(16) 
The Planning Board shall give consideration to such other elements or aspects of the site plan or proposed use as may relate to the design of the plan, the general environment of the area or the health, safety and general welfare of the public.
B. 
Planned development site plan. In the case of a site plan for a planned development, including multifamily dwellings, review of the site plan shall consider the following criteria:
(1) 
General findings.
(a) 
The proposals for maintenance and conservation of the open space are reliable, and the amount, location and purpose of the open space are adequate.
(b) 
Provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate.
(c) 
The proposed development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
(d) 
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
(2) 
Parking and circulation.
(a) 
All off-street parking areas and internal roadways shall be paved, bounded by permanent curbing and constructed in accordance with applicable provisions of § 165-73, Roads and Improvements, of this chapter, and in accordance with the Schedule to this Article XI.[1]
[1]
Editor's Note: The Schedule to Article XI is included at the end of this chapter.
(b) 
Parking areas and internal roadways shall be located at least 15 feet from a building, unless a driveway leading to a garage, at least 50 feet from a tract boundary line and at 25 feet from a street.
(c) 
Parking spaces or driveways serving individual dwelling units shall not be entered directly from a public street.
(d) 
Internal roadways shall be at least 20 feet in width for two-way traffic and 12 feet in width for one-way traffic and shall not enter a public street within 100 feet of an intersection. Parking in internal roadways shall be prohibited.
(e) 
The arrangement and location of garages, parking areas and internal roadways shall be subject to approval of the Planning Board and shall be designed to ensure maximum safety, proper circulation and maximum convenience for residents and their guests. Dead-end roadways and driveways serving multifamily housing shall not exceed 1,500 feet in length. Large expanses of pavement and long, unbroken rows of parking spaces shall be avoided. Adjoining rows of parking spaces shall be separated by landscaped islands having a width of at least 10 feet, and no row of parking spaces shall contain more than 15 spaces unless broken by landscaped islands. Parking areas exceeding 10,000 square feet in area shall incorporate landscaped areas within them, said landscaped area amounting to at least 10% of the parking area. The parking area shall be determined by the outer limit of pavement on the site and the inner limit of pavement around or adjacent to the building.
(3) 
Buffer zone requirements. Buffers and landscape design shall be in accordance with § 165-77.
(4) 
Building design. The design of all buildings shall be such as to enhance the quality and character of the area. All buildings shall be visually related to the terrain and to each other so as to create both visual harmony and functional variety. Such objectives shall be accomplished through measures such as the following:
(a) 
Staggering of walls of building facades.
(b) 
The use of architectural designs which are harmonious and compatible.
(c) 
The use of exterior colors and roof and facade materials or a combination of colors and materials that are coordinated.
(d) 
Sensitive use of roof heights, roof and wall projections, building mass, lengths, widths and directions and ornamental features to create both variety and function.
(e) 
Clustered arrangement of smaller buildings as opposed to single, large buildings on a site is encouraged. No building intended for retail trade, banks and offices shall have a ground floor area exceeding 40,000 square feet, nor shall the length or width of any such building exceed 200 feet.
(5) 
Landscape design.
(a) 
Landscape design shall be in accordance with § 165-77.
(b) 
Hardsurfaced sidewalks at least four feet in width shall be provided in such locations as will ensure convenient pedestrian traffic as required by the Planning Board.
(c) 
Plantings and/or fencing shall be provided, where necessary, adjoining parking facilities, swimming pools and similar activity facilities in order to screen them from the view of adjoining streets and residential development.
(d) 
Adequate artificial lighting shall be provided in parking areas and along sidewalks, walkways and internal roadways. The direct source of lighting shall not be visible from buildings, adjoining streets and property lines.
(6) 
Utilities.
(a) 
All utility systems shall be designed in accordance with accepted engineering practices and with all applicable municipal and state regulations.
(b) 
All new telephone and electric service on the property shall be underground.
(c) 
All trash and garbage shall be stored at all times in covered containers which shall be kept in centrally located, concealed areas.
(7) 
Developments in the AH Districts. The design standards below shall apply to developments in the AH-1 and AH-2 Districts, which include provisions for affordable housing.
(a) 
Distribution of dwelling unit types in the AH-1 District. In the AH-1 District, the total number of dwelling units shall be distributed among the various dwelling unit types based on the following guidelines:
[1] 
One-family detached dwellings: 30% maximum.
[2] 
One-family detached and two-family dwellings: 35% maximum.
[3] 
Townhouses: 20% minimum, 60% maximum.
[4] 
Apartments: 60% maximum.
(b) 
Maximum number of dwelling units per buildings.
[1] 
Townhouses. No townhouse building shall contain more than eight dwelling units, and not more than 50% of the townhouse buildings shall contain more than six townhouse dwelling units.
[2] 
Apartments. No apartment building shall contain more than 24 dwelling units, and the average number of dwelling units per apartment building shall not exceed 20, in the aggregate, apartment units.
(c) 
Minimum distances between buildings. For townhouse and apartment buildings, the minimum distance between buildings, and between buildings and internal roads or rights-of-way, shall be as follows:
[1] 
End wall to end wall: 35 feet.
[2] 
Rear wall to rear wall: 50 feet.
[3] 
Front wall to front wall: 65 feet.
[4] 
A front wall is defined as one which faces a street or parking area.
(d) 
Building design. Architectural design and materials used in the construction of accessory buildings shall conform to those used in the construction of principal buildings.
(e) 
Open space and recreation. At least 50% of the site, exclusive of areas devoted to commercial development, shall be open space as defined herein. This open space shall include at least 20% of the site in common open space and recreation facilities.
C. 
Nonresidential site plans. Site plans for nonresidential uses in all nonresidential zones except the C and OB-2 Zones shall adhere to the following design and performance criteria:
(1) 
Standards for development in critical areas.
(a) 
Coverage by impervious surfaces of prime aquifer recharge soils shall be avoided wherever possible. Not more than 50% of the prime aquifer recharge areas on any lot shall be covered by buildings and other impervious surfaces. Prime aquifer recharge areas are identified in the Natural Resources Inventory.
(b) 
Development in areas of slope exceeding 25% is prohibited.
(c) 
Coverage by buildings and other impervious surfaces of slopes ranging from 15% to 25% shall not exceed 50% less one percentage point for each acre or part thereof of lot area greater than five acres, provided that under no circumstances need the maximum coverage of such slopes be less than 25%.
(d) 
Development in flood hazard areas shall be as regulated in Chapter XV of the Township Code. In addition, there shall be no development by buildings and other impervious surfaces in a delineated floodway. In flood-fringe areas, development shall be limited to pavement and similar impervious surfaces. Coverage by such impervious surfaces of the flood-fringe area shall not exceed 25%.
(2) 
The anticipated water demand from on-site groundwater sources of any proposed development shall not exceed the safe groundwater yield for the site based on geologic formations within the property boundaries and as determined by the New Jersey Bureau of Geology. Anticipated available groundwater yields for various geologic formations in Clinton Township are shown on Page 10 of the Master Plan Re-examination Report dated October 1982.
(3) 
Developers are encouraged to keep impervious surfaces to a minimum and employ such measures, including car and van pooling, as will justify reduction in the amount of parking area to be paved in accordance with § 165-71A(10)(d).
(4) 
Any street serving the development and any nearby street providing access for the development to major access routes shall have a level of service during peak hours of better than "C" following establishment of the development. The Planning Board may require improvements to such streets if the proposed development will cause the level of service to reach "C" or greater. "Level of service" is defined in the Highway Capacity Manual, Special Report No. 87, Highway Research Board.
(5) 
The maximum ground floor area of any building shall not exceed the lesser of the maximum permitted building coverage or five acres.
D. 
Site maintenance. All buildings, paved areas and landscaping shall be adequately maintained and shall be kept clean and free from debris at all times. Dead trees or shrubs shall be replaced by the owner. Failure of the owner to comply with these provisions within six months of notification by the Construction Official shall be considered a violation of this chapter.
E. 
Energy conservation. All site plans shall, to the greatest degree possible, follow energy efficient design principles and maximize the use of renewable energy sources. Within the limits of practicability and feasibility, the criteria listed below shall be followed.
(1) 
Buildings shall be oriented to maximize solar gain. Where possible, building walls with the greatest number of windows or window area shall face in a southerly direction. The use of active and passive solar energy gain systems in buildings is encouraged.
(2) 
Buildings shall be arranged to provide maximum protection to each other in terms of energy consuming elements.
(3) 
The use of energy efficient building materials and colors is encouraged.
(4) 
Site arrangement shall take advantage of topographic features to maximize solar gain and afford protection from winter winds.
(5) 
Natural vegetation and landscaping, including fences, walls and earthworks, shall be utilized to maximize protection from wind and channel breezes and shade buildings and pavement.
(6) 
The site shall be designed to minimize pavement and afford efficient circulation. The use of footpaths and bike paths in multifamily housing developments, in order to reduce motor vehicle use, is encouraged.
A. 
When required. An EIS is required as part of any application for development involving new buildings or any land disturbance where Planning Board approval is required. Additionally, any proposal for development within the Critical Geologic Formation Zone as shown on the official map of the Township requires an analysis in accordance with the geologic segment of the EIS. The Planning Board may grant an exemption from the requirement of part or all of an EIS under Subsection G below. An EIS is also required for all public and quasi-public projects unless they are exempt from the requirements of local law or by supervening county, state or federal law.
[Amended 5-9-1988 by Ord. No. 367-88]
B. 
Filing requirements. An application for development shall be accompanied by 12 copies of an EIS unless waiver is desired, in which case the application shall be accompanied by a request for waiver pursuant to Subsection G.
C. 
Contents of EIS. The EIS shall discuss and analyze those factors required for the particular project as provided in Subsection D and any other factors pertinent to the project. Where the information is provided elsewhere in the application, it may be incorporated by reference. The applicant may request a preapplication conference with the Planning Board to discuss the scope and detail of the EIS, and the Planning Board may seek the advice of the Environmental Commission in determining said scope and detail. The EIS shall address each of the items outlined below to the degree and extent it is pertinent to the project. In preparing the EIS, the applicant may utilize resource information available from the Township.
(1) 
Plan and description of proposed project: a project description, complete with site plans, which shall specify the purpose of the proposed project, including products and services, if any, being provided, and the regional, municipal and neighborhood setting, including current land use of the project site and properties within 500 feet of the site.
(2) 
Inventory of existing natural resources: Generally, an inventory will consider the air quality, topography, surface water bodies, surface water quality, aquatic biota, soils, geology, groundwater, vegetation, wildlife, archaeological and historical features. Forest vegetation is to be classified by type and age class. The distribution of types and classes will be indicated on a map, the scale of which will be one inch equals 100 feet or such other scale as may be required. The location, species and diameter at 4 1/2 feet above the ground of all isolated trees four inches, or dogwoods three inches, or more in diameter are to be shown on the same or on a separate map.
(3) 
Assessment of environmental impact of project: an assessment supported by environmental data of the environmental impact of the project upon the factors described in Subsection C(2) above, and specifically the following:
(a) 
Wastewater management:
[1] 
An estimate of the expected quantity and type of wastewater expected from the proposed development. If any flow is expected, discuss:
[a] 
If disposal is on site, the relation to topography, soils and underlying geology, including water table, aquifer recharge areas and all wells within 500 feet of the disposal area; include results of percolation tests and soil logs required by ordinance.
[b] 
If disposal is to an existing private facility or to a public facility, identification, owner and location of the plant and location of the existing collection point to which the proposed project would be connected. Documentary evidence that the expected flows from the proposed facility will be accepted and can be treated adequately by the private or public facility must accompany the environmental impact statement.
[2] 
Compliance with all applicable state and Township health regulations.
(b) 
Water supply:
[1] 
If the water is to be supplied from the site and a flow of 100,000 gallons per day or less is required, an impact assessment of water supply is required if the anticipated demand exceeds the available safe yield of the aquifer contained within the property limits indicated in the resource inventory maintained by the Environmental Commission. In such case the applicant must substantiate and explain the anticipated demand, present proof that the aquifer contained within the property limits can yield the desired amount of water, demonstrate that wells proposed for installation will meet acceptable standards and assess the effect of proposed withdrawals on existing and proposed wells and surface water bodies within the geologic formation. If the plan includes 50 or more dwelling units, certification of the adequacy of the proposed water supply and sewerage facilities must be obtained from the New Jersey Department of Environmental Protection and must be included in the EIS.
[2] 
If the water is to be supplied from the site and the total project demand for water supply is in excess of 100,000 gallons per day, the applicant must obtain a diversion permit from the New Jersey Department of Environmental Protection. The applicant must assess the effect of proposed withdrawals on existing and proposed wells and surface water bodies within the geological formation. The applicant will supply copies of all resources information provided to the appropriate state water agency in support of his application for diversion grant. In addition, if the anticipated demand exceeds the available safe yield, the applicant must explain the anticipated demand and demonstrate to the satisfaction of the Planning Board that the aquifer contained within the property limits can yield the desired amount of water.
[3] 
If the water is to be supplied from any existing private or public facility, the identification, owner and location of the facility and the location of existing distribution point to which the proposed project would be connected shall be provided. The applicant will submit documentary proof that the facility has the available excess capacity in terms of its allowable diversion and equipment to supply the proposed project and is willing to do so. The applicant must demonstrate to the satisfaction of the Planning Board that the total consumption of groundwater from on-site and off-site sources will not exceed the available safe yield of the aquifer contained within the property limits.
[4] 
Subsection C(3)(b)[1], [2] and [3] notwithstanding, for parcels of less than five acres before subdivision and for residential uses, the Planning Board may weigh all factors affecting water supply and water need in deciding whether or not to require strict adherence to the requirement that demand not exceed safe sustainable yield from the aquifer within the property limits.
(c) 
Surface drainage: discussion of the surface water management plan to be submitted in accordance with Article XXXV, Surface Water Management, § 165-232, and compliance with the provisions of that chapter.
(d) 
Stream corridors: a description of any streams and immediate environs, steep banks, springs and wetlands and streamside vegetation located on the property, including a map depicting the floodway and flood hazard area as reflected on flood hazard area delineation maps on file with the Township, along with evidence of compliance with Chapter XV. The applicant shall supply copies of all resource information provided to the Division of Water Resource in support of his application for any required encroachment permit.
(e) 
Solid waste disposal: estimate the volume of solid wastes, by type, including excess earth, expected to be generated from the proposed project during construction and operation and describe plans for collection, storage, transportation and disposal of these materials; identify the location(s), type(s) and owner(s) of the facility (facilities) which will receive such solid wastes; if the facility is a landfill, submit proof that it is registered with the Division of Environmental Quality, New Jersey Department of Environmental Protection, and is operated in compliance with the New Jersey Sanitary Code.
(f) 
Air quality: describe each source, its location, the quantity and nature of materials to be emitted from any furnace or other device in which coal, fuel oil, gasoline, diesel fuel, kerosene, wood or other combustible material will be burned, or if any other source of air pollutants, including automobiles attracted by the facility, will be present on the site during or after construction. Evidence of compliance with any applicable state and federal regulations shall accompany the EIS. If a state or federal emission permit is required, a copy of all resource data submitted with the application for the permit shall also accompany the EIS.
(g) 
Noise: a statement of anticipated effects on noise and vibration levels, magnitude and characteristics related to on-site activities and proposed method(s) of control. Background levels of noise throughout the anticipated area affected must be determined. Any applicant for industrial and commercial enterprises must show that after construction and during normal operation the enterprise will not exceed the State of New Jersey regulations controlling industries and commercial stationary sources (N.J.A.C. 7:29-1.1 et seq.).
(h) 
Traffic: determine the present traffic volume and capacity of the road(s) serving the project and the nearest major intersection and set forth projected volumes for the same upon completion of the project.
(i) 
Social economic: an analysis of the factors affecting the finances of the Township, which shall include the estimated changes in tax receipts and fiscal outlay for municipal services; estimated number and types of jobs to be provided; calculation of the number of school-age children to be produced; and any addition to existing municipal services rendered by the project.
(j) 
Aesthetics: discuss how the natural or present character of areas will be changed as a result of the proposed action.
(k) 
Artificial light: a statement of anticipated effects on light, magnitude and characteristics related to on-site activities and proposed method(s) of control, with particular attention to the control of sky glow.
(l) 
Critical areas: a statement of the impact on critical areas, including stream corridors, wetlands, slopes greater than 12%, highly erodible soils, areas of high water table, mature stands of native vegetation, aquifer recharge and discharge areas and other environmentally sensitive features, areas or conditions not addressed elsewhere in the EIS. If wetlands exist or whenever one or more indicators of wetlands are present, the EIS shall include a letter of interpretation from the Freshwater Wetlands Section, Division of Coastal Resources, New Jersey Department of Environmental Protection.
[Amended 11-28-1988 by Ord. No. 386-88]
(m) 
Energy conservation: a description of the site in terms of its physical orientation to solar access and prevailing winds, addressing the building and site design and arrangement in terms of energy efficient principles and maximum utilization of renewable energy sources following criteria established in § 165-70H or 165-71E, as the case may be.
(n) 
Geologic conditions report: for all tracts located in the Critical Geologic Formation Zone, the EIS shall contain data obtained during an appropriate site investigation. A comprehensive site investigation program shall be conducted by the applicant to provide the Planning Board with sufficient data to define the nature of all existing geologic conditions that may limit construction and land use activities on the site. Specifically, the investigations shall yield information which shall demonstrate that the proposed development will identify any existing geologic conditions for which appropriate engineering solutions may be necessary to minimize any adverse environmental impact caused by the proposal.
[Added 5-9-1988 by Ord. No. 367-88]
(4) 
Environmental protective measures. The EIS shall contain a listing of all environmental protective measures which will be used should the proposed project be implemented. These are measures which will avoid or minimize adverse effects on the natural and man-made environment of the site and region during the construction and operation of the facility.
(5) 
Adverse impacts which cannot be avoided. The EIS shall contain a summary list, without discussion, of the potential adverse environmental impacts which cannot be avoided should the proposed project be implemented. Short-term impacts should be distinguished from irreversible impacts. Any impacts on critical areas, which include but are not limited to streams, floodways, wetlands, slopes of 12% or greater, highly acid or highly erodible soils, areas of high water table, aquifer recharge areas and mature stands of native vegetation, should specify the type of criteria involved and the extent of similar areas which will not be affected.
(6) 
Summary environmental assessment. The EIS shall contain a concise summary of the environmental impact assessment for the proposed project. This summary will evaluate the adverse and positive environmental effect of the project should it be implemented and the public benefits expected to derive from the project, if any.
(7) 
Critical geologic formation area investigation program.
[Added 5-9-1988 by Ord. No. 367-88; amended 12-12-2002 by Ord. No. 799-02]
(a) 
A Critical Geologic Formation Area Investigation Program shall be performed in accordance with this section for all properties located within the Critical Geologic Formation Area (CGFA) or the Critical Formation Watershed Protection Area (CFWPA). The investigation program shall commence by completing the Critical Geologic Formation Investigation (CGFI) Checklist I.[1] The applicant shall submit three copies of the completed (CGFI) Checklist I to the Planning Board Secretary along with the application fee and review escrow defined in § 165-13F of this chapter. The Planning Board Secretary shall forward the CGFI Checklist I to the Township Geotechnical Consultant (GTC) for review. The GTC shall recommend to the Planning Board and applicant that CGFI Checklist II be prepared and submitted, or in the alternative, that portions or all of the requirements required by CGFI Checklist II be waived within 30 days of submission of CGFI Checklist I. If CGFI Checklist II is required by the Planning Board, per GTC recommendation, the applicant shall then prepare and submit a completed CGFI Checklist II to the Planning Board Secretary. CGFI Checklist II shall be reviewed by the GTC, and a report shall be made to the Planning Board and the applicant advising whether the checklists are complete within 45 days of the date of submission of CGFI Checklist II. The report shall also advise the applicant as to whether any proposed testing methodology is prohibited because of the potential danger the methodology may pose to the integrity of the site or the health, safety and welfare of the community. The geotechnical consultant may also recommend waiver of some or all of the required investigations in appropriate cases pursuant to Subsection G. At the applicant's option, both CGFI Checklist I and CGFI Checklist II may be submitted simultaneously.
[1]
Editor's Note: Checklists I and II as referred to in this section, are on file in the Planning Board office.
(b) 
After CGFI Checklists I and II have been deemed complete by the Planning Board, via GTC recommendation, and the GTC has advised the Planning Board that the testing methodology poses no danger to the integrity of the site or the health, safety and welfare of the community, the GTC shall grant approval for the applicant to commence the testing procedure.
[1] 
Any on-site investigations and tests shall not begin until the applicant has received approval of the investigative plan and approval to commence testing has been issued. Additionally, actual notification at least 15 days in advance of the testing to commence, in writing, by certified mail, return receipt requested, or by personal service of said notice on the Township Clerk and the GTC, shall be given.
[2] 
The applicant shall arrange to have the proposed development site open for on-site inspection by the GTC or designated Township inspectors at all times while the field investigation program is in progress, and testing data and results shall be made available to Township officials and Township inspectors on demand, but at no less frequent intervals than bimonthly.
[3] 
At the completion of the field investigation, a Geotechnical Site Investigation Report, shall be submitted. This report shall contain logs of all borings, test pits and probes, including evidence of incipient cavity formations, loss of circulation during drilling, voids encountered and similar cavities, type of drilling or excavation technique employed, drawings of monitoring or observation wells as installed, times and dates of explorations and tests, reports of chemical analyses or on-site surface and ground water, names of individuals conducting tests if other than the P.E. referred to in the checklist, analytical methods used on soils, water samples and rock samples, a one-inch-to-one-hundred-feet scale topographic map of the site (at a contour interval of two feet) locating all test pits, borings, wells, seismic or electromagnetic, conductivity or other geographical surveys, an analysis of the ground water regime with rate and direction of flow, a geologic interpretation of the observed subsurface conditions, including soil and rock type, jointing (size and spacing), faulting, voids, fracturing, grain size and sinkhole formation.
[4] 
The Geotechnical Site Investigation Report shall define the extent of geotechnical concerns at the site in relation to the planned development or land use. The proposed engineering solutions to minimize environmental impact as a result of the project, both during construction and in the foreseeable future, must be clearly detailed, together with the basis for the conclusions reached.
[5] 
All samples taken shall be preserved and shall be available for examination by the Township upon request until a resolution of approval is granted by the Planning Board on any site plan or subdivision application for the property.
(8) 
Aquifer test and analysis.
[Added 8-14-2002 by Ord. No. 788-02]
(a) 
Intent. It is the intent of the requirements of this Article that an Aquifer Test and Analysis as set forth in § 165-72C(8)(e)[1] be provided as part of a preliminary plat application of a major subdivision of three new building lots or more which subdivision is to be served by on-site wells. It is the intent that an aquifer test and analysis as set forth in § 165-72C(8)(e)[2] be conducted for major subdivision of two new building lots or less and minor site plans. It is the intent that an aquifer test and analysis as set forth in § 165-72C(8)(e)[3] be conducted as part of a submission of a nonresidential or residential preliminary site plan when the development proposed by such site plan is to be served by one or more on-site wells.
(b) 
Applicability. The deepening or replacement of a well that has the primary purpose of providing drinking water to a residence is exempt from the requirements of this subsection. However, the installation of a second well with the primary purpose of irrigation, filling of swimming pools, or any other purpose other than to serve as the sole source of drinking water for a residence must satisfy the requirements of § 165-72C(8)(d) and C(8)e[1]. A well installed for irrigation, filling of swimming pools, or any purpose other than providing the sole source of drinking water is considered to serve a nonresidential use.
(c) 
Waiver. If an applicant can show that given the expected average daily demand and distance to other nearby wells, the proposed development will not induce drawdown in any existing or future wells adjacent to the boundaries of the proposed development or any existing or future wells within the proposed development, then the applicant can request a waiver from the Planning Board or Board of Adjustment, as the case may be (the "Board"), for all or some of the requirements of this subsection.
(d) 
Aquifer test and analysis.
[1] 
The testing procedures for a major subdivision or site plan shall be based on a hydrogeologic analysis and a minimum of one aquifer test. The hydrogeologic analysis shall include the review of available information including but not limited to published maps and reports depicting Clinton Township and surrounding municipalities, stereo pairs of aerial photographs, and New Jersey Geological Survey (NJGS) Special Report No. 24. In addition, the hydrogeologic analysis will include the design and conductance of aquifer test(s). The data collection shall be designed and evaluated by a qualified hydrogeologist. A geologic and hydrogeologic report containing appropriate maps, well logs, pump test data and monitoring well data and complying with the requirements of § 165-726C(8)(e) shall be prepared and submitted. Prior to conducting any aquifer test, a preliminary hydrogeologic evaluation and the design of the aquifer test(s) shall be submitted for review and approval by the Board.
[2] 
The aquifer test shall consist of at least one pumping test conducted at a sufficient rate and duration to be able to determine aquifer characteristics such as transmissivity and storage coefficient. As part of the aquifer test, observation wells are to be monitored to determine and evaluate the cone of depression, confirm aquifer parameters, and predict the effect of long-term pumping on existing and future wells.
(e) 
Aquifer test and analysis required.
[1] 
Aquifer test and analysis for major subdivisions of three or more new building lots
[a] 
Phased testing procedure.
[i] 
The rate and duration of the aquifer test will depend upon the size of the proposed subdivision and expected average and peak daily demands for all wells. The aquifer test will be conducted in three phases, which are the background phase, the pumping phase, and the recovery phase. The aquifer test shall be conducted at a location most representative of site geologic conditions. For residential subdivisions, biasing of testing toward areas of increased fracture density may result in the Township requiring additional testing in areas of lower fracture density to ensure that adequate yield is available throughout the proposed development.
[ii] 
If the proposed site is underlain by two or more geologic formations, then an aquifer test will be required for each portion of the site underlain by each formation. The test requirements for each formation will depend on the number of lots and size of units per formation.
[iii] 
In the event that the preliminary hydrogeologic evaluation indicates that a surface water and/or groundwater divide separates the site, an aquifer test will be required for each side of the divide.
[iv] 
The average daily and average yearly water demand for the proposed development must be determined according to the guidelines in N.J.A.C. 7:10-12.7. The peak day demand is twice the average daily demand.
[v] 
To ensure that the pumping phase adequately stresses the aquifer, the length of the pumping phase will be equal to the greater of the following: the volume of water removed from the aquifer is equal to the number of dwelling units multiplied by the peak day demand (e.g. 10 four-bedroom dwelling units times a peak day demand of 1,600 gallons per unit equals 16,000 gallons); or eight hours. The pumping phase should simulate peak-day demand and therefore, the pumping phase duration is not to extend more than 24 hours. The minimum pumping rate is calculated by dividing the peak-day demand by 1,440 minutes per twenty-four-hour period.
[vi] 
For nonresidential use, demand should be determined based on N.J.A.C. 7:10-12.6. If the demand exceeds 100,000 gallons per day, a New Jersey water allocation permit must be obtained from the New Jersey Department of Environmental Protection. For demands less than 100,000 gallons per day an aquifer test should be conducted in accordance with § 165-72C(8)(e)[3] of this article. The length of the pumping phase of a nonresidential use aquifer test will equal the greater of the following: the volume of water removed from the aquifer is equal to the peak-day demand; or eight hours. The pumping phase should simulate peak-day demand and therefore, the pumping phase duration is not to extend more than 24 hours. The peak-day demand should be assumed equal to twice the average daily demand.
[vii] 
For mixed developments containing both residential and nonresidential properties, the residential portion to be subdivided will be tested as described above for residential developments. Each proposed well for the commercial portions, or for a residential site plan, will be tested as described in § 165-72C(8)(e)[3][a] for nonresidential or residential site plans. In addition, wells installed for the residential portion should be used as observation wells for the nonresidential testing and wells installed for nonresidential use should be used as observation wells for the residential testing.
[viii] 
The number of observation wells required per aquifer test will depend on the number of dwelling units and/or commercial units for the proposed development. New and existing monitoring wells may be located such that they can be used as future water-supply wells but they shall be located in such a manner that will yield the most accurate information concerning the aquifer. Observation wells should be located parallel and perpendicular to strike of the primary regional fractures and those intersected by the tested well.
[ix] 
All wells must be located in accordance with the minimum distances required by N.J.A.C. 7:10-12.12. For nonresidential developments with an expected average daily demand less than 2,000 gallons per day, one observation well is required. This well should be within 500 feet of the pumping well. For all other nonresidential developments, two or more observation wells are required. At a minimum, one of these observation wells should be within 200 feet of the pumping well. A second observation well must be within 200 and 500 feet of the pumping well. These two wells should be located along strike of the major regional fractures and those water-bearing fractures intersected by the pumping well. If additional observation wells are necessary, these wells should be located parallel to secondary and tertiary fracture sets.
[x] 
A fracture trace analysis showing the location and orientation of fractures beneath the site must be included with the aquifer test plan. This same analysis with additional information regarding septic system locations must be included in the final report. This fracture trace analysis should be used to identify all observation wells, which should be located along strike of the primary geologic fractures/structures on and near the property.
[xi] 
Major subdivisions of two new building lots or less to be used for single-family dwelling purposes shall conduct an aquifer test on each well as outlined in § 165-72C(8)(e)[2]. For major subdivisions of three or more new building lots to be used for single family homes, the recommended number of observation wells shall be as shown in Table 1.
Table 1
Number of Observation Wells
Required for Residential Subdivisions
Number of Proposed Lots
Number of Observation Wells
2 or less
1 adjacent wells
3 to 25
3 (minimum of 2 new wells within proposed subdivision)
25 to 49
6 (minimum of 4 new wells within proposed subdivision)
50 or more
Test proposal submitted to Board and NJDEP for review and approval.
[xii] 
The observation wells and test well must have a geologic log describing the depth and types of soils and rocks encountered and the depth and yields of all water-bearing fracture zones. Furthermore, the logs should include static water-level measurements and total yield estimates for each well. The observation wells should be completed to a similar depth as the test well. At least one of the observation wells should be within 200 feet of the test well, and at least one observation well must be located along the preferential fracture direction between 200 and 500 feet of the pumping well. Additional observation wells should be located to evaluate potential secondary fractures and impacts to adjacent properties.
[xiii] 
The design of the aquifer test shall be developed using the applicable guidance from "Guidelines for Preparing Hydrogeologic Reports for Water Allocation Permit Application with an Appendix on Aquifer - Test analysis Procedures" NJGS GSR 29 (1992 or most recent edition) or successor document. The aquifer test shall be conducted according to the following procedure:
[A]
Owners of existing wells on lots located within 500 feet of the subdivision boundary shall be given an opportunity to have their wells monitored during the aquifer test. Such opportunity shall be given by the applicant by notice via certified mail and shall give the time and place of the aquifer test. A letter acceptable to Clinton Township is included in Appendix A. The notice shall indicate that such existing well may be monitored if agreed to by the well owner provided the well is readily accessible. Such notice shall indicate that the existing well owner must respond within seven days and the applicant's responsibility is to monitor up to three wells on properties within 500 feet of the subdivision boundaries. If the owner of the lot within 500 feet of the subdivision boundaries decides to participate by agreeing to have their existing well monitored, they shall notify the applicant by certified mail. Such response shall be provided within seven days of receipt of the certified notice from the applicant. If the applicant receives no response within the time provided, the response shall be deemed to be negative.
[B]
All reasonable efforts shall be made to protect the potability of water from the monitored well.
[C]
In the case when more than three property owners within 500 feet of the subdivision boundaries decide to participate and to have their existing wells monitored, only the three nearest to the test well need be monitored. However, if any of the property owners requesting monitoring have wells completed to a depth less than 100 feet, these wells must also be monitored in addition to the three nearest wells. A map depicting the location of all wells to be monitored and a list of all property owners within 500 feet of the subdivision boundary that requested monitoring is to be submitted to the Board for review and approval prior to implementing the test.
[D]
Prior to conducting an aquifer test, the applicant shall submit the design of such aquifer test including the location of wells to be monitored on adjacent lots and qualifications of the persons and firm who will be performing the test for review by the Township. Such review may include submission of such design to a qualified hydrogeologist retained by the Board for review and recommendations. The Board may consider the comments and recommendations of the Board's Hydrogeologist prior to approving the aquifer test plan. A fracture trace analysis showing the location and orientation of fractures beneath the site must be included with the aquifer test plan. This same analysis with additional information regarding septic system locations must be included in the final report. This fracture trace analysis should be used to identify all observation wells, which should be located along strike of the primary geologic fractures/structures on and near the property.
[E]
The aquifer test will be comprised of three phases. The first phase will involve the collection of background water levels prior to the start of the test. The second phase will involve the pumping of water from the well and the monitoring of water-level drawdown in the observation and pumping wells. The third phase will involve the recovery of water levels in the observation and pumping wells after the pump has been shutdown. This third phase of the test should be, at a minimum, the same length as the pumping phase.
[F]
The aquifer test (all three phases) shall not be conducted during a precipitation event or events in which total precipitation exceeds 0.5-inches. If precipitation occurs during the test, the applicant should provide precipitation amounts and sufficient data to show that the precipitation did not recharge the aquifer during the test and adversely impact the testing results. If precipitation amounts exceeding 0.5-inches are recorded, the test must be repeated.
[G]
The background phase includes allowing the test well and observation wells to stabilize for a minimum of three days before the test. At a minimum, water levels should be measured each hour from the test well and observation wells for a twenty-four-hour period prior to the start of pumping. It is the applicant's responsibility to collect sufficient data to determine background conditions and to ensure that antecedent influences can be fully characterized. Barometer measurements and additional water-level measurements can be made by the applicant to evaluate the change in water levels resulting from barometric pressure changes and/or influences from off-site pumping.
[H]
On the day of the pumping phase, water levels shall be collected from all wells. For those wells showing a change of more than 0.1 foot, a second round of measurements shall be collected before starting the test. Additional rounds of measurements may be necessary to determine that the well is in equilibrium. However, if the applicant has barometric pressure and water-level data to indicate that the change in static levels is due to changes in barometric pressure and/or antecedent influences, the applicant can submit these data in lieu of delaying the pumping phase.
[I]
The pump and discharge pipe shall be equipped with an orifice/manometer apparatus and calibrated flow meter to instantaneously measure flow rate and determine total volume pumped from the well. The discharge shall be directed so that it leaves the site without infiltrating to the aquifer. Any and all permits required by the NJDEP for the discharge of water must be obtained prior to starting the test.
[J]
When the pump is started the flow rate shall be adjusted immediately to a uniform pumping rate as required for a constant-rate test and in accordance with the approved aquifer test plan. The flow rate shall not vary more than 10% throughout the test. If the flow rate fluctuates more than 10%, the test may be deemed invalid and the applicant required to repeat the notification and testing process.
[K]
Water-level measurements during the pumping phase of the test shall be collected in accordance with Table 2. This same schedule shall be followed for the recovery phase of testing upon shut down of the pump in the test well.
Table 2
Minimum Frequency of Water-Level
Measurements in Wells During Pumping
and Recovery Phases of Aquifer Test
Time Since Pumping Began or Stopped
(minutes)
Test Well
(minutes)
Observation Wells
(minutes)
0 to 5
0.5
0.5
5 to 10
1
1
10 to 30
2
2
30 to 60
5
5
60 to 120
10
10
2 to 24
30
30
[L]
If the water levels in the observation wells and test well do not fully recover to static (prepumping) levels within a length of time since pumping stopped equal to the length of pumping, the test will be deemed to have failed unless adequate data can be provided to ensure that the aquifer is of sufficient extent to prevent the mining of groundwater.
[M]
Groundwater samples should be collected during the pumping phase from the pumping well. The samples should be collected in accordance with the NJDEP Field Procedures Manual. At a minimum, the samples should be analyzed by a NJDEP certified laboratory for hardness, iron, manganese, copper, lead, nitrate, chloride, and coliform bacteria. The samples shall also be analyzed for volatile organic compounds for which the USEPA or NJDEP has determined maximum contaminant levels. In addition, field measurements of pH, conductivity, and total dissolved solids should be made with calibrated instruments. If site conditions indicate potential historic uses of pollutants such as, heavy metals, pesticides, herbicides, and/or other volatile organic compounds, these analyses should be conducted. Based on past historical operations at the site or at nearby properties, the Board, at its discretion, may require additional analyses of groundwater to assess potential future and current impacts. The results of the water sample analyses will be used to assess background water quality.
[N]
The Board may choose to have a person of its choosing monitor the aquifer test.
[b] 
Adjacent properties. The observation wells shall be placed to determine whether the cone of depression from the pumping well will extend beyond the subdivision boundary in any direction. This shall be determined by actual measurements or from projecting the drawdown based on observation well data. If the wells are in use, they should be allowed to stabilize before the pumping phase begins. A minimum of two water level measurements shall be collected from each well before the test. For any observation well which has been pumped within the 24 hours preceding the test, two depth to water measurements at least 1 hour apart shall be collected to show that the well has fully recovered prior to the start of pumping.
[c] 
Hydrogeologic report.
[i] 
A hydrogeologic report shall be provided with each major subdivision application. The report shall document the design and implementation of the aquifer test. The report shall include all water-level data collected during the three phases of testing, the calculations of aquifer characteristics such as transmissivity and storage coefficient, calculations of the cone of influence, potential impacts to adjacent well owners, and the long-term sustained yield for the wells. All water-level measurements obtained during the aquifer test shall be included with the report on a floppy disk or compact disk in ASCII text format. The report shall also evaluate and draw conclusions from the aquifer test based on data collected and evaluation of available information concerning geologic conditions. The report shall include a detailed hydrogeologic description of the aquifers encountered beneath the site and adjacent properties. The report must include a detailed evaluation of the water-supply demand for an average and peak day and this demand should be supported with information on anticipated population, expected dwelling unit density, and size of dwelling units. An inventory of all wells within 1000 feet of the proposed subdivision boundaries should be appended. Figures depicting site geology, topography, water-level elevations, groundwater flow, and development plans shall be included.
[ii] 
In addition, all water-quality sampling data shall be tabulated and summarized in the report. Only one copy of the laboratory reports is necessary for filing with the Township.
[iii] 
The report should include a detailed evaluation of potential impacts from subsurface sewage disposal systems on groundwater quality. A site plan depicting well, septic leach field, and fracture trace locations at a minimum scale of one inch equals 200 feet should be included. For any and all locations where a fracture or set of fractures intersects one or more wells and/or septic leach fields, a detailed assessment of treatment technologies should be included. The treatment technologies should provide adequate assurances that any and all groundwater pumped from the wells will satisfy federal and New Jersey drinking water standards and will not be adversely impacted by the septic leach field discharges.
[iv] 
The hydrogeologic report shall be prepared and signed by a qualified hydrogeologist using applicable sections of GSR 29 or successor document as a guide. A qualified hydrogeologist shall be an individual who has received a minimum of a bachelor's degree in geology at an accredited institution or has completed an equivalent of 30 semester hours of geological education while obtaining a Bachelor's or Master's degree in a related field of engineering or science at an accredited institution. Such a person must also demonstrate five years of professional work experience in the practice of applying geologic principals to interpretation of groundwater conditions. The individual should provide a resume or curriculum vitae to document education and experience requirements.
[v] 
The hydrogeologic report shall include the name and license number of the well driller and pump installer. The report should include the names of the persons and firm responsible for collecting the water-level measurements. In addition, the report should include copies of the completed NJDEP well records.
[vi] 
The aquifer test and analysis shall be deemed to have failed if such test cannot demonstrate to the satisfaction of the Board that sufficient groundwater supply exists to supply water via wells at a rate meeting at least the average daily demand for the proposed development. If the drawdown is measured or projected to be more than one foot at any existing adjacent property well or along the subdivision boundary, the applicant's hydrogeologist must evaluate the impact on adjacent properties based on the actual condition of wells in that zone.
[vii] 
If a drawdown of five feet or more is noted in any existing adjacent property well, or is projected at any property boundary then the proposed subdivision shall have failed the aquifer test. In the event of a failed aquifer test, because a drawdown of five feet or more is noted in any existing adjacent property well or is projected at any property boundary, either the applicant should decrease the number of lots to lessen demand or demonstrate to the satisfaction of the Board that the impacts will not significantly reduce yields to existing and future wells.
[2] 
Aquifer test and analysis for individual lots in a major subdivision of two new building lots or less and minor site plans
[a] 
Procedure.
[i] 
The procedure for testing wells for subdivisions of 2 or fewer new lots shall consist of pumping each of the subdivision wells individually for four hours at a minimum of five gallons per minute (gpm). During the testing of a well, no other subdivision wells shall be operating. If drawdown in the well exceeds 80% of the available drawdown in the well, the well is deemed to have failed the test. The available drawdown is determined by subtracting the static water level prior to pumping from the depth to the top of the pump. After pumping for two hours, the pump shall be shut down and the rate of recovery measured. For the well to pass the test, the pumping rate of five gpm must be maintained for the full four hours and a recovery rate of one gpm must be achieved over the first 30 minutes following shut-off of the pump.
[ii] 
In order to provide the necessary data to evaluate the pump test results, the following conditions shall be met:
[A]
The well shall remain undisturbed for 3 days following drilling to allow aquifer conditions to stabilize.
[B]
Water level measurements shall be collected from the well and accessible adjacent wells (within 500 feet) before starting the pumping phase.
[C]
When the pump is turned on, the discharge rate shall be monitored and maintained at a minimum of five gpm. The flow rate must be measured with a calibrated flow meter or orifice/manometer apparatus.
[D]
Water levels in the pumping well and adjacent observation wells shall be collected according to the schedule in Table 2.
[E]
Near the conclusion of the pumping portion of the test, groundwater samples should be collected from the discharge in accordance with the NJDEP Field Procedures Manual. At a minimum, the samples should be analyzed by a NJDEP certified laboratory for hardness, iron, manganese, copper, lead, nitrate, ammonia, chloride, and coliform bacteria. The samples shall also be analyzed for volatile organic compounds for which the USEPA or NJDEP has determined maximum contaminant levels. In addition, field measurements of pH, conductivity, and total dissolved solids should be made with calibrated instruments. If site conditions indicate potential historic uses of pollutants such as, heavy metals, pesticides, herbicides, and/or other volatile organic compounds, these analyses should be conducted. Based on past historical operations at the site or at nearby properties, the Board, at its discretion, may require additional analyses of groundwater to assess potential future and current impacts. The results of the water sample analyses will be used to assess background water quality.
[F]
Immediately after the pump is shut off, water-level recovery shall be measured in accordance with Table 2 for a minimum period of four hours. The recovery rate shall be determined from these water-level recovery measurements for the first 30 minutes after the pump is shut down. The measurements should indicate a flow into the well of at least one gpm over this interval. If the water levels in the observation wells and test well do not fully recover to static (prepumping) levels within four hours after pumping has stopped, the test will be deemed to have failed unless adequate data can be provided to ensure that the aquifer is of sufficient extent to prevent the mining of groundwater.
[G]
In the event that the well shows little drawdown (less than five feet) during the four-hour pumping portion of the test, pumping may continue in lieu of the recovery rate portion of the test. The minimum requirement for pumping after four hours is that a minimum rate of two gpm be maintained for an additional hour with no increase in drawdown. The recovery of the water level shall still be monitored for a minimum period of 30 minutes after the shut-off of the pump.
[H]
A report summarizing the well construction and aquifer testing shall be submitted to the Board. The report should include the water-level measurements and recovery rate calculations. The report must include a detailed evaluation of the water-supply demand for an average and peak day and this demand should be supported with information on anticipated population, expected dwelling unit density, and size of dwelling units.
[I]
The report should include the well driller's and pump installer's name and license numbers. In addition, the names of the person and firm that measured the water-level drawdown and recovery data, and calculated the recovery rate shall be provided. The report should include a copy of the completed NJDEP well record for all wells within the subdivision.
[J]
Based on the results of the testing and report, the Board may request additional analyses of the pumping phase data to evaluate aquifer characteristics, the potential cone of influence, and potential impacts to other nearby groundwater users.
[iii] 
If the test well fails any part of the above test either by failing to maintain a pumping rate of five gpm for four hours, exceeding 80% of the available drawdown, or failing to recover at a rate of one gpm after pumping stopped, the well shall be considered unacceptable and the applicant shall either replace the well or deepen the well to intercept additional fractures or add additional well storage. After well replacement or deepening, the entire test procedure shall be repeated on the new or deepened well. If the new or deepened well fails the testing procedure, the lot may, at the discretion of the Board, be classified as unacceptable for development.
[b] 
Adjacent wells.
[i] 
Existing wells within 500 feet of the test well on adjacent lots shall be identified as observation wells for the test. The applicant shall notify the owners of adjacent lots which contain wells within 500 feet of the test well and such owners shall be given an opportunity to have their wells monitored following the same procedures set forth in § 165-72C(8)(d) through C(8)(e)[1][b]. In the case where more than three existing wells are located within 500 feet of the well to be tested, only the three nearest accessible wells need to be monitored. However, if any of the property owners requesting monitoring have wells completed to a depth less than 100 feet, these wells must also be monitored in addition to the three nearest wells. If the wells are in use, they should, if possible, be allowed to stabilize before the pumping phase begins. One water level measurement shall be collected from each well before the test. For any observation well which has been pumped within the 24 hours preceding the test, two depth to water measurements at least one hour apart shall be collected.
[ii] 
If drawdown is measured or projected to be more than one foot at any existing adjacent property well or along the subdivision boundary, the applicant must notify the Township and evaluate the impact on adjacent properties based on the actual condition of wells, the static water level, and the depth of the pump in the existing well. The potential for adverse impacts needs to be evaluated by a hydrogeologist who will investigate the depth, yield, and pumping level of the effected well.
[iii] 
If a drawdown of five feet or more is noted in any existing adjacent property well, or is projected at any property boundary then the proposed subdivision shall have failed the aquifer test. In the event of a failed aquifer test, because a drawdown of five feet or more is noted in any existing adjacent property well or is projected at any property boundary, either the applicant should decrease the water-supply demand or demonstrate to the satisfaction of the Board that the impacts will not significantly reduce yields to existing and future wells.
[3] 
Aquifer test and analysis for nonresidential and residential site plans.
[a] 
Testing.
[i] 
An aquifer test shall be conducted when a nonresidential use or residential site plan is intended to be served by on-site groundwater supply. The aquifer test will be conducted in three phases, which are the background phase, the pumping phase, and the recovery phase. The pumping rate and total gallons pumped during the pumping phase should demonstrate that the needed water is available without detrimental impact on the aquifer or nearby wells.
[ii] 
Demand shall be based on N.J.A.C. 7-10.12.6. If the demand exceeds 100,000 gallons per day, a New Jersey water allocation permit must be obtained from the New Jersey Department of Environmental Protection. For demands less than 100,000 gallons per day, the length of the pumping phase will equal the greater of the following: the volume of water removed from the aquifer is equal to the peak-day demand; or eight hours. The pumping phase should simulate peak-day demand and therefore, the pumping phase duration is not to extend more than 24 hours. The peak-day demand should be assumed to equal twice the average daily demand. The average daily demand shall be calculated from the projected maximum monthly usage.
[iii] 
For nonresidential or residential developments with an expected average daily demand less than 2,000 gallons per day, one observation well is required. This well should be within 200 feet of the pumping well and along strike of the primary geologic fractures in the area. For developments with expected daily demands from 2,000 to 9,999 gallons per day, two observation wells are required. One of these observation wells must be within 200 feet of the pumping well. A second observation well must be within 200 and 500 feet of the pumping well. These two wells should be located along strike of the major regional fractures and water-bearing fractures intersected by the well. If a well(s) on one or more adjacent properties are located within the distance limits above, and these wells can be disconnected for a period of 24 hours prior to and during the entire pumping and recovery phase, these wells can be used for observation in lieu of installing new observation wells.
[iv] 
For all other nonresidential or residential developments, three or more observation wells are required. Two of these wells should be located along strike of the major water-bearing fractures intersected by the well and/or primary geologic fractures. Additional observation wells should be located to evaluate potential secondary fractures and impacts to adjacent properties. The number of observation wells should be in accordance with Table 3.
Table 3
Aquifer Test Requirements for
Nonresidential and Residential Site Plans
Average Demand
(gallons per day)
Number of Observation Wells
1,999 or less
1
2,000 to 9,999
2
10,000 to 99,999
5 (at least two on-site observation wells)
100,000 or more
Obtain NJDEP water allocation permit
[v] 
The observation wells and test well must have a geologic log describing the depth and types of soils and rocks encountered and the depth and approximate yields of water-bearing fracture zones. The observation wells should be completed to a similar depth as the test well.
[vi] 
The design of the aquifer test shall be developed using the applicable guidance from "Guidelines for Preparing Hydrogeologic Reports for Water Allocation Permit Application with an Appendix on Aquifer - Test analysis Procedures" NJGS GSR 29 (1992 or most recent edition) or successor document. The aquifer test shall be conducted according to the following procedure:
[A]
Owners of existing wells on lots located within 500 feet of the property boundary shall be given an opportunity to have their wells monitored during the aquifer test. Such opportunity shall be given by the applicant by notice via certified mail and shall give the time and place of the aquifer test. A letter acceptable to Clinton Township is included in Appendix A. The notice shall indicate that such existing well may be monitored if agreed to by the well owner provided the well is readily accessible. Such notice shall indicate that the existing well owner must respond within seven days and the applicant's responsibility is to monitor up to three wells on properties within 500 feet of the property boundaries. If the owner of the lot within 500 feet of the property boundaries decides to participate by agreeing to have their existing well monitored, they shall notify the applicant by certified mail. Such response shall be provided within seven days of receipt of the certified notice from the applicant. If the applicant receives no response within the time provided, the response shall be deemed to be negative.
[B]
All reasonable efforts shall be made to protect the potability of water from the monitored well.
[C]
In the case when more than three property owners within 500 feet of the property boundaries decide to participate and to have their existing wells monitored, only three nearest to the test well need be monitored. However, if any of the property owners requesting monitoring have wells completed to a depth less than 100 feet, these wells must also be monitored in addition to the three nearest wells. A map depicting the location of all wells to be monitored and a list of all property owners within 500 feet of the property boundary that requested monitoring is to be submitted to the Board for review and approval prior to implementing the aquifer test.
[D]
Prior to conducting an aquifer test, the applicant shall submit the design of such aquifer test including the location of wells to be monitored on adjacent lots and qualifications of the persons and firm who will be performing the test for review by the Board. Such review may include submission of such design to a qualified hydrogeologist representing the Board for review and recommendations. The Board may consider the comments and recommendations of the Board's Hydrogeologist prior to approving the aquifer test plan. A fracture trace analysis showing the location and orientation of fractures beneath the site must be included with the aquifer test plan. This same analysis with additional information regarding septic system locations must be included in the final report. This fracture trace analysis should be used to identify all observation wells, which should be located along strike of the primary geologic fractures/structures on and near the property.
[E]
The aquifer test will be conducted in three phases. The first phase will involve the collection of background water levels prior to the start of the test. The second phase will involve the pumping of water from the well and the monitoring of water-level drawdown in the observation and pumping wells. The third phase will involve the recovery of water levels in the observation and pumping wells after the pump has been shutdown. This third phase of the test should at a minimum, be the same length as the pumping phase.
[F]
The aquifer test (all three phases) shall not be conducted during a precipitation event or events in which total precipitation exceeds 0.5-inches. If precipitation occurs during the test, the applicant should provide precipitation amounts and sufficient data to show that the precipitation did not recharge the aquifer during the test and adversely impact the testing results. If precipitation amounts exceeding 0.5-inches are recorded, the test must be repeated.
[G]
The background phase includes allowing the test well and observation wells to stabilize for a minimum of three days before the test. At a minimum, water levels should be measured each hour from the test well and observation wells for a twenty-four-hour period prior to the start of pumping. It is the applicant's responsibility to collect sufficient data to determine background conditions and to ensure that antecedent influences can be fully characterized. Barometer measurements and additional water-level measurements can be made by the applicant to evaluate the change in water levels resulting from barometric pressure changes and/or influences from off-site pumping.
[H]
On the day of the pumping phase, water levels shall be collected from all wells. For those wells showing a change of more than 0.1 foot, a second round of measurements shall be collected before starting the test. Additional rounds of measurements may be necessary to determine that the well is in equilibrium. However, if the applicant has barometric pressure and water-level data to indicate that the change in static levels is due to changes in barometric pressure and/or antecedent influences, the applicant can submit these data in lieu of delaying the pumping phase.
[I]
The pump and discharge pipe shall be equipped with an orifice/manometer apparatus and calibrated flow meter to instantaneously measure flow rate and determine total volume pumped from the well. The discharge shall be directed so that it leaves the site without infiltrating to the aquifer. Any and all permits required by the NJDEP for the discharge of water must be obtained prior to starting the test.
[J]
When the pump is started the flow rate shall be adjusted immediately to a uniform pumping rate as required for a constant rate test and in accordance with the approved aquifer test plan. The flow rate shall not vary more than 10% throughout the test. If the flow rate fluctuates more than 10%, the test may be deemed invalid and the applicant required to repeat the notification and testing process.
[K]
Water-level measurements during the pumping phase of the test shall be collected in accordance with Table 4. This same schedule shall be followed for the recovery phase of testing upon shut down of the pump in the test well.
Table 4
Minimum Frequency of Water-Level
Measurements in Wells During Pumping
and Recovery Phases of Aquifer Test
Time Since Pumping Began or Stopped
(minutes)
Test Well
(minutes)
Observation Wells
(minutes)
0 to 5
0.5
0.5
5 to 10
1
1
10 to 30
2
2
30 to 60
5
5
60 to 120
10
10
2 to 24 hours
30
30
[L]
If the water levels in the observation wells and test well do not fully recover to static (prepumping) levels within a length of time since pumping stopped equal to the length of pumping, the test will be deemed to have failed unless adequate data can be provided to ensure that the aquifer is of sufficient extent to prevent the mining of groundwater.
[M]
Groundwater samples should be collected during the pumping phase from the pumping well. The samples should be collected in accordance with the NJDEP Field Procedures Manual. At a minimum, the samples should be analyzed by a NJDEP certified laboratory for hardness, iron, manganese, copper, lead, nitrate, ammonia, chloride, and coliform bacteria. The samples shall also be analyzed for volatile organic compounds for which the USEPA or NJDEP has determined maximum contaminant levels. In addition, field measurements of pH, conductivity, and total dissolved solids should be made with calibrated instruments. If site conditions indicate potential historic uses of pollutants such as, heavy metals, pesticides, herbicides, and/or other volatile organic compounds, these analyses should be conducted. Based on past historical operations at the site or at nearby properties, the Board, at its discretion, may require additional analyses of groundwater to assess potential future and current impacts. The results of the water sample analyses will be used to assess background water quality.
[N]
The Township may choose to have a person of its choosing monitor the aquifer test.
[b] 
Adjacent properties. The observation wells shall be placed to determine whether the cone of depression from the pumping well will extend beyond the property boundary in any direction. This shall be determined by actual measurements or from projecting the drawdown based on observation well data. If the wells are in use, they should be allowed to stabilize before the pumping phase begins. A minimum of two water level measurements shall be collected from each well before the test. For any observation well which has been pumped within the 24 hours preceding the test, two depth to water measurements at least one hour apart shall be collected.
[c] 
Hydrogeologic report.
[i] 
A hydrogeologic report shall be provided with each non-residential or residential site plan application. The report shall document the design and implementation of the aquifer test. The report shall include all water-level data collected during the three phases of testing, the calculations of aquifer characteristics such as transmissivity and storage coefficient, calculations of the cone of influence, potential impacts to adjacent well owners, and the long-term sustained yield for the wells. All water-level measurements obtained during the aquifer test shall be included with the report on a floppy disk or compact disk in ASCII text format. The report shall also evaluate and draw conclusions from the aquifer test based on data collected and evaluation of available information concerning geologic conditions.
[ii] 
The report shall include a detailed hydrogeologic description of the aquifers encountered beneath the site and adjacent properties. The report must include a detailed evaluation of the water-supply demand for an average and peak day and this demand should be supported with information on anticipated usage of the property. An inventory of all wells within 1,000 feet of the proposed subdivision boundaries should be appended. Figures depicting site geology, topography, water-level elevations, and plans shall be included. In addition, all water-quality sampling data shall be tabulated and summarized in the report. Only one copy of the laboratory reports is necessary for filing with the Township. The report should include a detailed evaluation of potential impacts from subsurface sewage disposal systems on groundwater quality. A site plan depicting well, septic leach field, and fracture trace locations at a minimum scale of 1-inch equals 200 feet should be included. For any and all locations where a fracture or set of fractures intersects the on-site water-supply well and/or septic leach field, a detailed assessment of treatment technologies should be included. The treatment technologies should provide adequate assurances that any and all groundwater pumped from the well will satisfy federal and New Jersey drinking water standards and will not be adversely impacted by the septic leach field discharges.
[iii] 
The hydrogeologic report shall be prepared and signed by a qualified hydrogeologist using applicable sections of GSR 29 or successor document as a guide. A qualified hydrogeologist shall be an individual who has received a minimum of a bachelor's degree in geology at an accredited institution or has completed an equivalent of 30 semester hours of geological education while obtaining a Bachelor's or Master's degree in a related field of engineering or science at an accredited institution. Such a person must also demonstrate five years of professional work experience in the practice of applying geologic principals to interpretation of groundwater conditions. The individual should provide a resume or curriculum vitae to document education and experience requirements.
[iv] 
The hydrogeologic report shall include the name and license number of the well driller and pump installer. The report should include the names of the persons and firm responsible for collecting the water-level measurements. In addition, the report should include copies of the completed NJDEP well records.
[v] 
The aquifer test and analysis shall be deemed to have failed if such test cannot demonstrate to the satisfaction of the Board that sufficient groundwater supply exists to supply water via wells at a rate meeting at least the average daily demand for the proposed development. If the drawdown is measured or projected to be more than one foot at any existing adjacent property well or along the property boundary, the applicant's hydrogeologist must evaluate the impact on adjacent properties based on the actual condition of wells in that zone.
[vi] 
If a drawdown of five feet or more is noted in any existing adjacent property well, or is projected at any property boundary, then the proposed development shall have failed the aquifer test. In the event of a failed aquifer test, because a drawdown of 5 feet or more is noted in any existing adjacent property well or is projected at any property boundary, either the applicant should decrease the average daily demand or demonstrate to the satisfaction of the Board that the impacts will not significantly reduce yields to existing and future wells.
D. 
Environmental impact statement requirements shall be as follows:
Residential
Nonresidential
EIS Item
(Section reference)
1 and 2 units
3 to 9 units
10 or more units
§ 165-72C(1) Description of project
X
X
X
§ 165-72C(2) Inventory of existing natural resources
X
X
X
§ 165-72C(3)(a) Wastewater management
X
X
§ 165-72C(3)(b) Water supply
X
X
X
X
§ 165-72C(3)(c) Surface drainage
X
X
X
X
§ 165-72C(3)(d) Stream corridors
X
X
X
X
§ 165-72C(3)(e) Solid waste disposal
X
X
§ 165-72C(3)(e) Solid waste disposal
X
X
§ 165-72C(3)(f) Air quality
X
§ 165-72C(3)(g) Noise
X
X
X
§ 165-72C(3)(h) Traffic
X
X
§ 165-72C(3)(i) Socio/economic
X
X
§ 165-72C(3)(j) Aesthetics
X
X
§ 165-72C(3)(k) Artificial lighting
X
X
§ 165-72C(3)(l) Critical areas
X
X
X
X
§ 165-72C(3)(m) Energy conservation
X
X
X
§ 165-72C(4) Environmental protection measures
X
X
X
§ 165-72C(5) Adverse impacts
X
X
X
§ 165-72C(6) EIS summary
X
X
X
E. 
Planning Board review.
[Amended 5-9-1988 by Ord. No. 367-88]
(1) 
In reviewing an EIS, the Planning Board shall take into consideration the effect of the proposed project upon all aspects of the environment, including but not limited to sewage disposal, water quality, water supply, preservation of trees and vegetation, protection of watercourses, protection of air resources, protection of aquifers, protection of public lands and their uses and ecosystems and the avoidance of any nuisance factors. The Planning Board will submit the EIS for review to the Township Environmental Commission and may submit such statement to such other governmental bodies and to such consultants as it may deem appropriate. The Planning Board shall request that an advisory report shall be made to it by the governmental body or consultant within 45 days of the submission of the EIS to such governmental body or consultant. The Planning Board shall reject the proposed project on an environmental basis, if it can reasonably determine that the proposed project:
(a) 
Will result in appreciable harm to the environment or to the public health and safety;
(b) 
Has not been designed with a view toward the protection of natural resources; and
(c) 
Will place any excessive demand upon the total resources available for such project and for any future project.
(2) 
Geologic segment.
[Added 12-12-2002 by Ord. No. 799-02]
(a) 
At the applicant's option, results of the Critical Geologic Formation Area Investigation Program required for the geologic segment of the EIS may be submitted to the Planning Board prior to the completion of other segments of the EIS and, if so submitted, shall be reviewed by the GTC. The GTC shall confer with the Township Environmental Commission and request their input and nonbinding recommendations.
(b) 
The geologic segment of the EIS, in addition to the information referred to in § 165-72C(7), shall include a discussion of the probable effects of the proposed development upon Township water resources as related to existing geologic conditions and investigation results; a presentation of proposed engineering solutions (specifically as to design and construction aspects, including alternate solutions where appropriate); provisions for inspection and monitoring procedures during construction; and any long-term monitoring/inspections which may be recommended.
(c) 
During his review of the geologic segment of the EIS for proposed development in the CGWPA, the GTC shall consider the date, formal reports, maps, drawings and related submission materials and shall advise the Planning Board whether or not the applicant has provided the Township with:
[1] 
Sufficient design, construction and operational information to ensure that the proposed development of the tract will not adversely impact on the health, safety and welfare of the community.
[2] 
The proposed method of development of the tract will minimize any deleterious effects on the quality of surface or subsurface water and will not alter the character of surface and subsurface water flow in a manner deleterious to known conditions on tract or off tract.
[3] 
Specific details ensuring that design concepts and construction and operational procedures intended to protect surface and subsurface waters in critical zones will be properly implemented.
[4] 
The submission provides specific details on inspection procedures to be followed during construction.
[5] 
Within the CGFA, no residential or non-residential development shall be permitted that involves the discharge of any liquid (including septic wastewater) into or on the soils unless there is a positive demonstration by the applicant that such discharge will not chemically react with the underlying geology so as to increase significantly the likelihood that solution cavities or sinkholes will result.
[6] 
The subdivision or site plan for any development to which this Chapter applies shall address and respond in a satisfactory manner to those problems which have been identified in the geotechnical investigation program, and, as a minimum, shall address and so respond to the items in Subsection E(2)(c)[6][a] through [m] below. Approvals of major subdivisions or site plans shall be contingent upon the positive demonstration by the applicant that the following issues have been appropriately responded to:
[a] 
Adequate support is provided for structures, roads, and subsurface utility lines to span soft soil or sinkholes.
[b] 
Stormwater and sanitary sewer lines are designed and constructed with watertight joints.
[c] 
All pipe for storm drainage installations shall be reinforced concrete culvert pipe with rubber gaskets in sizes 12 inches and above. For smaller pipe, to be used for roof drains, underground stormwater management or other uses, pipe shall be PVC pipe with glued joints to form a watertight seal.
[d] 
A trench backfill detail for storm drain, sanitary sewer and all utilities shall be provided on the plan indicating a relatively impermeable soil for pipe bedding and backfill of the trench. Imported backfill material and excavated materials from the site may be used for trench backfill with the approval of the Township Engineer if it meets the following requirements:
[i] 
The backfill material to used one foot above, below and around the pipe or utility shall be free of stone two-inch in size or larger.
[ii] 
The backfill material to be used one foot above the pipe or utility shall be free of stones six inches or larger.
[iii] 
All backfill material shall be installed and compacted in six-inch to eight-inch lifts. Moisture content shall be controlled and maintained with the optimum limits to obtain 95% compaction based upon the American Society for Testing and Materials (ASTM) D 1557 standard.
[iv] 
Reports for testing or material to be used for backfill shall be provided for review and approval of the Township Engineer indicating that the material is suitably impermeable for the intended use.
[e] 
Typical details for repair of sinkholes found on the site before and during construction shall be provided on the plans. These details shall be approved by the Township GTC.
[f] 
Stormwater management impoundment facilities (detention ponding, etc.) shall be constructed with a low permeable liner (man-made or impermeable soils). If a soil liner is used, it shall be at least 12 inches thick. All liners shall cover the bottom and side slopes of the facility.
[g] 
All stormwater improvement facilities shall contain an impervious low flow channel from all pipes outletting into the facility to the outlet structure. This shall be either a concrete channel with an impervious soil liner underneath or other impervious low flow channel approved by the Township Engineer.
[h] 
Where pavement is to be placed within six inches of exposed or excavated carbonate bedrock, a bed of at least six inches thick (compacted) of dense graded aggregate or equivalent shall be placed over the rock prior to paving.
[i] 
Water supply and other pressurized utility lines intended to transport liquids beneath the ground surface are equipped with flow alarms or automatic shutdown mechanism to detect breaks which would allow water or other liquids to escape.
[j] 
Site grading and blasting has been minimized, insofar as is reasonably practicable.
[k] 
Specific details have been shown, describing the design concepts as well as the construction and operational procedures that will be used to protect the surface and subsurface water from potential contamination, as well as a specific schedule of construction for the development, as these items relate to the method to minimize or eliminate the occurrence of sinkholes, has been submitted.
[l] 
Specific details have been shown describing the construction and inspection procedures intended to disclose potential hazards as well as the possible means for remediating any potential karst-related hazard that might be encountered during construction.
(d) 
The Planning Board shall consider the recommendations from the geotechnical consultant, and approve or disapprove the proposed geotechnical aspects of the development plan and associated construction techniques. In the event that the Planning Board disapproves of the proposed development plan and associated construction procedures, the Board shall state in the resolution its reasons for disapproval.
F. 
Conditions. The steps to be taken to minimize the adverse environmental impacts during construction and operation and the alternatives which may be approved by the Planning Board shall constitute conditions of the approval of the EIS, together with such other conditions as the Planning Board may impose. No certificate of occupancy shall be issued until compliance shall have been made with such conditions.
G. 
Waiver. The Planning Board, at its sole discretion, may waive the requirement for an EIS, in whole or in part, upon receipt of a written request, if sufficient evidence is submitted to support a conclusion that the proposed project will have a negligible environmental impact or that a complete EIS need not be prepared in order to evaluate adequately the environmental impact of a project.
H. 
Geologic hazards reeevaluation, compliance and enforcement.
[Added 11-23-1987 by Ord. No. 354-87; amended 12-12-2002 by Ord. No. 799-02]
(1) 
Reevaluation.
(a) 
In certain situations, a specific geologic hazard may not be identified while the geologic investigation program is underway and may be discovered only during or following construction at a site. In such cases the applicant shall:
[1] 
Report the occurrence of the hazard to the Township Clerk within 24 hours of discovery;
[2] 
Immediately halt construction activities that would impact the geologic hazard or that may be impacted by the hazard;
[3] 
Prepare a brief report on the geologic hazard that analyzes the impact of the hazard and details a remediation plan for review and approval by the Township geotechnical consultant;
[4] 
After obtaining approval from the Township, perform the necessary remediation of the hazard to prevent or minimize damage to buildings, structures, utilities, driveways, parking areas, roadways, and other site improvements, and to minimize pollution of the groundwater;
[5] 
Repair any damage to on-site improvements and restore ground cover and landscaping;
(b) 
In those cases where the hazard cannot be repaired without adversely affecting the site plan or subdivision, the applicant shall file an amended application for a site plan or subdivision approval in compliance with the provisions of this chapter.
(2) 
Compliance and enforcement.
(a) 
Compliance with this section is required prior to the granting of Township subdivision or site plan approval, the granting of zoning or building permits, or the municipal endorsement of state permits and treatment works approvals, unless the applicant is exempted from the provisions of this chapter or the requirements in this chapter have been waived. The enforcement officials for any application requiring the approval of the Planning Board or Board of Adjustment and subject to this chapter shall be the Township Engineer and the Township GTC. The enforcement official for zoning or building permit applications that are subject to this chapter shall be the Zoning Officer or Construction Code Official. For well and septic system installation, the municipality's Sanitarian shall serve as the enforcement officer. The Township GTC, Engineer, or Sanitarian shall serve as the enforcement officials for wastewater systems requiring NJDEPS permits or treatment works approvals. The applicant shall indicate on the plans their intent to comply with all the requirements of § 165-72 pertaining to development in limestone areas.
(b) 
Failure to comply with any of the conditions in this chapter may result in the issuance of a stop-work order, revocation of building permits, or denial of certificates of occupancy. Remedial and corrective measures may be mandated if the appropriate construction and site planning techniques, as outlined in the applicant's approved geotechnical report, are not followed and result in actions that adversely impact karst features.
A. 
Purpose. The purpose of this section shall be to apply rules, regulations and standards for the improvements required prior to the acceptance of roads or improvements into the municipal road or utility systems of the Township. This section shall apply to new roads or improvements hereafter created and to existing roads, improvements or rights-of-way presently used but not accepted into the municipal road or improvement systems of the Township and not heretofore accepted for full municipal maintenance.
B. 
Required approval of plans.
(1) 
The Township Engineer must review and approve the plans for construction of the improvements envisioned herein. Construction plans in detail similar to those required for submission to a state agency must be submitted in plan and profile view, together with cross sections, details and engineering calculations sufficient for a thorough review and adequate to be used as the plans for actual construction. Deviations from the approved plans will not be permitted until written approval is obtained from the Township Engineer.
(2) 
If the improvements to be installed hereunder are part of the requirements of subdivision approval, then the detailed construction plans approved by the Planning Board and Township Engineer may be used to satisfy the requirement of this subsection. The submission to the Township Engineer must be accompanied by approval reports from any local, county, state or federal agency having an interest in the application.
C. 
Construction standards; compliance required; contractors' qualifications.
(1) 
Subsequent to the adoption of this section, all roads and improvements shall comply with the following standards of construction before the same are accepted into the municipal road or improvement systems of the Township and accepted for full municipal maintenance.
(2) 
The term "plan" as used herein shall be the road and improvement plan approved by the Planning Board of Clinton Township where a new road or an improvement of an existing road or an individual improvement is required by virtue of a subdivision, or a road or improvement plan approved by the Township Engineer in the case of an existing road or improvement being improved to Township standards for the purpose of acceptance into the Township road or improvement systems for full municipal maintenance.
(3) 
All installations shall follow good engineering and construction practices as currently used in the area and the standards of design and construction of the detail drawings annexed hereto as Exhibits A through E inclusive,[1] and shall further follow the construction practices as set forth in the Standard Specifications for Road and Bridge Construction, 1961, as amended, New Jersey Department of Transportation, commonly referred to as the "Green Book" (hereinafter referred to in this section as the "Green Book"), unless modified herein, and any amendments or supplements thereto.
[1]
Editor's Note: Copies of the exhibits referred to herein are on file in the offices of the Township Clerk and the Planning Board Clerk. See Subsection X of this § 165-73.
(4) 
The contractor chosen by the developer/applicant must be qualified by experience to perform the type of work required and must be prepared to prove that he has done similar work satisfactorily in other municipalities. The contractor shall, on request of the Township, submit a written statement showing as a minimum his/her plan for doing the work, his/her commitments for the supply of materials, the equipment he/she has available to do the work and its condition, a list of past and present contracts and such other information and documentation as the Township may require.
(5) 
The contractor chosen by the developer/applicant must have a full-time qualified superintendent an the project at all times when work is being done on the improvements. The name of this superintendent shall be furnished to the Township Engineer at the pre-construction conference. This full-time superintendent shall be responsible for all subcontractors.
(6) 
The developer/applicant is at all times responsible for the contractor.
D. 
Earthwork.
(1) 
The Articles of Division 2 of the Green Book must be strictly adhered to in the work. The applicant's attention is specifically called to the provisions for removal of unsuitable material from the subgrade and to the need for adequate compaction of all fills.
(2) 
Subbase material shall be placed in roadway areas to eliminate unstable conditions. The Township Engineer shall inspect and direct to ensure the subbase material is properly placed.
(3) 
The project must be kept properly drained at all times during construction of the subgrade.
E. 
Pavements.
(1) 
Only those pavements shown on the detail drawing exhibits annexed to this section[2] shall be permitted for the work.
[2]
Editor's Note: Copies of the exhibits referred to herein are on file in the offices of the Township Clerk and the Planning Board Clerk. See Subsection X of this § 165-73.
(2) 
If macadam base course or a premixed or quarry-processed base course is permitted and to be used, it must be constructed with a stone spreader or stone box and at the density specified for the project by the Township Engineer.
(3) 
All materials and mixes used must conform to current New Jersey State Department of Transportation Standards and must be from New Jersey State Department of Transportation approved sources of supply/manufacture.
(4) 
Weather limitations imposed by Division 3 of the Green Book will be strictly enforced.
(5) 
Rates and temperature of application of bituminous materials will be as specified by the Township Engineer for the project.
(6) 
Clean stone is required for penetration macadam. The Township Engineer shall inspect and determine whether the stone is proper. Any stone delivered to the project and determined by the Township Engineer of his/her representative to be unsatisfactory shall not be unloaded.
(7) 
All pavements, regardless of type, must be constructed at suitable density. The Township Engineer shall inspect and determine whether the density is suitable prior to construction.
(8) 
Paving may not commence until approval of the subgrade has been given by the Township Engineer.
F. 
Bridge structures. Refer to Division 4 of the Green Book.
G. 
Road structures and drainage.
(1) 
Underdrain shall be constructed where necessary as construction progresses. The Township Engineer shall inspect and determine whether underdrain is necessary.
(2) 
Only new reinforced concrete culvert pipe of the proper class may be used.
(3) 
All materials must be from a source of supply approved by the New Jersey State Department of Transportation and shall be so marked where applicable.
(4) 
Backfill of pipe trenches and areas around road structures shall be as required by Article 2.7.3 of the Green Book.
(5) 
Pipes are to be laid true to line and grade as established by the approved plans and no curvature or departure from a perfectly straight alignment, either vertically or horizontally, will be permitted.
(6) 
Manholes and inlets are to be constructed so that castings bear evenly on all supporting walls. Cocked or unevenly supported castings will not be permitted. Weep holes must be provided in all storm sewer structures unless the Township Engineer determines that weep holes are not necessary and waives this provision. Proper channels must be poured in all drainage structures and pipes are to be cut off flush with structure walls.
(7) 
All curbing is to be constructed on a firm and thoroughly tamped subgrade. No departure from true alignment and grade will be permitted. Cracked or otherwise damaged curb will not be approved. Expansion joints are to be placed at twenty-foot intervals and false joints at the midpoint of each curb section. The full depth of curbing (20 inches) must be provided under depressed driveway openings.
(8) 
Headwalls and inlets are to be cast in place. No precast structures are allowed.
(9) 
The type of guardrail shall be as specified on the plans and as approved by the Township for the project. Guardrail shall be constructed only by an experienced guardrail contractor.
(10) 
The Township Engineer is to be consulted for approval of the design criteria for items such as storm sewer sizing and spacing and locations of inlets.
H. 
Electrical work.
(1) 
Refer to Division 6 of the Green Book.
(2) 
All utility trenches for electrical service or similar services, such as underground telephone, are to be backfilled and tamped as directed by the Township Engineer similar to trenches for other utilities, including storm sewers. All road crossings must be made and backfilled prior to commencement of the paving operation.
I. 
Landscape design.
[Amended 6-13-2007 by Ord. No. 923-07]
(1) 
Landscape design shall be in accordance with § 165-77.
(2) 
All projects require a plan which complies with the Soil Erosion and Sedimentation Control Ordinance and Section 40-355, Surface Water Management Control.[3] This plan must be approved by the Township and be strictly adhered to.
[3]
Editor's Note: See Art. XXXVII, Soil and Soil Removal, and Art. XXXV, Surface Water Management, of this chapter.
J. 
Materials and tests. Divisions 8 and 9 of the Green Book shall be adhered to unless the Township Engineer determines that compliance with them is unnecessary under the particular circumstances. In the event the Township Engineer waives compliance with any of the provisions of these divisions, he/she must state the specific reasons compliance is not necessary.
K. 
Sanitary sewers and appurtenances.
(1) 
This is a special division which is not covered by the Green Book. Where such regulations exist, the applicant is bound by any rules adopted by any Township body having jurisdiction over sanitary sewers.
(2) 
Sanitary sewers are to be located, designed and constructed in strict accordance with the rules and regulations currently in effect and promulgated by the New Jersey State Department of Environmental Protection. Permits required by the Department must be applied for and obtained by the applicant. Approval of plans is also required by the Township Engineer and the Township body having jurisdiction over sanitary sewers.
(3) 
Sanitary sewers (including laterals) are to be bedded and backfilled as required by the Township Engineer and the detail exhibit. Pipe trenches are to be backfilled and tamped as required by Article 2.7.3 of the Green Book.
(4) 
Gravity sanitary sewer pipe must be cast of ductile iron, vitrified clay or asbestos cement as shown on the plans. Approved classes and types of pipe must be appropriate for the intended installation. All pipe is to be installed in a manner designated by the Township Engineer to protect against shear or any type of breakage. Force mains are to be constructed of ductile iron.
(5) 
Sewers will be tested by the applicant under the inspection of and as directed by the Township Engineer for infiltration and must meet infiltration standards established by the State Department of Environmental Protection. Sewers will be initially tested upon completion and subsequent tests will be required periodically until the sewer improvement is accepted by the Township at the end of the maintenance period. All defects found will be corrected immediately. Hard-to-locate sources of infiltration or inflow may require televising at the expense of the applicant.
(6) 
Treatment facilities, pumping stations, metering pits, force mains and other sanitary sewer appurtenances require approval permits and testing as required above for sanitary sewers.
(7) 
All gravity house laterals are to be provided with an observation/cleanout hole at a location directed by the Township Engineer.
(8) 
It is the obligation of the applicant to arrange for the sewer capacity he/she requires with the appropriate agency.
L. 
Water service installations.
(1) 
This is a special division which is not covered by the Green Book. Where such regulations exist, the applicant is bound by any rules adopted by any Township body having jurisdiction over public water facilities. If water is furnished within the Township by a body other than the municipal government itself, such permits as may be required by that other body must be secured by the applicant and the rules of that body are to be adhered to as well as the rules herein.
(2) 
Water facilities are to be located, designed and constructed in strict conformance with the rules and regulations promulgated by the New Jersey Department of Environmental Protection. Permits required by the Department must be applied for and obtained by the applicant. Approval of plans is also required by the Township Engineer and the Township body, if any, having jurisdiction over public water supplies.
(3) 
Water mains and the portion of services within the road right-of-way are to be bedded and backfilled as required by the Township Engineer and the detail exhibit. All pipe trenches are to be backfilled and tamped as required by Article 2.7.3 of the Green Book.
(4) 
Water pipe must be of the type and material specified by the agency responsible for supplying and/or regulating the supply of water within the Township.
(5) 
Fire hydrants are to be located where directed by the Fire Department serving the area of the project and must be the type designated by that Fire Department so as to be compatible with fire-fighting equipment.
(6) 
Fire hydrants and the total water supply facility for the project must be certified by a qualified independent agency as meeting the minimum requirements for fire flows and domestic use. With respect to fire flows, certification is required from the Insurance Services Office of New Jersey.
(7) 
It is the obligation of the applicant to arrange for the water capacity he/she requires with the appropriate supplier and to furnish documented proof of the supplier's ability to supply.
M. 
Other permit requirements. Any of the improvements to be installed under this section may require, in addition to the provisions hereof, permits for the construction and occupancy of structures falling under the jurisdiction of the State Uniform Construction Code and the Construction Official.[4] It is the obligation of the applicant to ascertain the need for such additional permits and to obtain the same for items such as but not limited to pump houses, treatment facility buildings, construction offices and warehouses.
[4]
Editor's Note: See Chapter 97, Construction Codes, Uniform.
N. 
Other improvements.
(1) 
Improvements necessary to the proposed project or required for the project not specifically covered by the Green Book or by other sections of this section must follow normally accepted standards for the design and construction of those improvements currently in use in the area. Examples of items which might fall under this category are stormwater detention-retention devices, drainage swales, recharge wells, filter berms and others, without limitation. Improvements of this nature are to be based on design criteria currently being used in the municipality and specifics are to be approved by the Township Engineer.
(2) 
Unique or unusual engineering solutions to problems which result from improvements under the purview of this section will be reviewed on a case-to-case basis and the applicant is expected to supplement his/her submission of plans with proof that the solution has functioned satisfactorily elsewhere.
O. 
Inspection fees.
(1) 
All improvements, including electric, gas, sewer and water lines, shall be installed under the inspection of the Township Engineer, the cost thereof to be borne by the developer or applicant. Inspection costs shall be computed by the Township Engineer in accordance with the following schedule. If the total cost of required improvements is:
(a) 
Not over $5,000, then the fee is $250.
(b) 
Over $5,000 but not over $10,000, then fee is $250 plus 4 1/2% of excess over $5,000.
(c) 
Over $10,000 but not over $50,000, fee is $475 plus 4% of excess over $10,000.
(d) 
Over $50,000 but not over $75,000, fee is $2,075 plus 3 1/2% of excess over $50,000.
(e) 
Over $75,000 but not over $100,000, fee is $2,950 plus 3% of excess over $75,000.
(f) 
Over $100,000, fee is $3,700 plus 2 1/2% of excess over $100,000.
(2) 
Such fee, in the form of cash or certified check, shall be deposited with the Township Clerk before the commencement of any construction. Any unexpended portion of the inspection fee shall be returned to the developer; or the developer shall reimburse the Township for inspection costs which exceed the inspection fee.
(3) 
For the purpose of establishing fee amounts, the applicant's engineer shall furnish to the Township Engineer an estimate of the cost of the improvements based on prices currently common to municipal-type contracts in the area.
P. 
Notification of Engineer.
(1) 
At least two weeks prior to the start of construction, the applicant shall notify the Township Engineer in writing, with a copy to the Township Clerk and Secretary of the Planning Board, of the date when construction will begin, so that a preconstruction conference can be held and inspections may be conducted by the Township Engineer. If, during installation of any required improvements, the developer fails to meet specification requirements or to correct unacceptable work, the Township Engineer shall notify the developer verbally, confirmed in writing by certified mail, return receipt requested, of the developer's failure to comply. If, within 10 days of the date of receipt of the notice, the developer fails to perform in accordance with the Township Engineer's directions, the Township Engineer shall notify the Township Council, which, in turn, shall cause the issuance of a stop order on further construction and take such remedial action as the circumstances require.
(2) 
Any improvements installed and not inspected by the office of the Township Engineer will not be accepted into the Township road or improvement system.
(3) 
A change in contractor(s) will require a new preconstruction conference.
(4) 
Where required by the Township Engineer, samples of concrete or any other materials used in the course of construction may be taken and tested in a Township-approved testing laboratory, with the cost of the laboratory analysis to be paid by the developer or applicant independent of the inspection deposit.
Q. 
Filing of plans. The developer/applicant shall provide and file with the Township one set of as-built improvement plans and profiles on Mylar showing actual construction as approved, prior to the granting of final subdivision approval and prior to the initial acceptance of the work.
R. 
Performance guaranties. The Township may accept a performance guaranty for the installation of sidewalks, monuments and shade trees only. The performance guaranty for these improvements shall be equal to 150% of the cost of the improvements as estimated by the Township Engineer. At least 20% of the performance guaranty shall be in the form of cash or a certified check made payable to Township of Clinton. The cash or certified check shall be deposited or invested by the Township Treasurer in the manner prescribed by law for municipal funds, the principal amount to be refunded to the developer upon satisfactory completion of the improvements and release of the applicable performance bond, or sooner at the discretion of the Township. The performance guaranty shall run for a term not to exceed 18 months from the date of approval. With the consent of the principal, the performance guaranty may be extended by the Township after recommendation by the Planning Board by resolution for an additional period not exceeding 18 months. The performance guaranty may be reduced or released in accordance with the procedures established pursuant to the provisions of N.J.S.A. 40:55D-53.
S. 
Terms and conditions of approval. Prior to any construction, the Planning Board shall pass a resolution incorporating all the terms and conditions of approval imposed by the Planning Board. The resolution shall establish a schedule of completion dates and period for completion of all improvements, which period shall not exceed 18 months. In addition, the resolution shall require that the developer:
(1) 
Procure necessary drainage or other easements or rights-of-way, including those necessary to provide for adequate sight distance and stream encroachments.
(2) 
Make such revisions in the plans as may be reasonably required before or during construction by the Township Engineer and establish a procedure for approval of plan changes.
(3) 
Procure all local, county, state or federal permits for all phases of the work, including but not limited to permits to construct and operate sanitary sewer and public water systems.
(4) 
Provide for the payment of engineering review fees in cases where a subdivision has not been reviewed as part of the application.
(5) 
Provide for instruction in the operation of all equipment within or part of facilities to be accepted and operated by the municipality, such instruction to be by the manufacturer/installer of equipment and to be supplemented with copies of all pertinent operations manuals.
T. 
Maintenance guaranty.
(1) 
Upon completion of all improvements and prior to release of the performance guaranty and approval of the work, the subdivider shall file a maintenance guaranty bond amounting to 10% of the cost of all improvements, to guarantee that the completed improvements will be maintained for a stated period not to exceed two years. The maintenance guaranty shall be reviewed by the Township Engineer and approved by the Township Attorney as to form, sufficiency and execution and shall be approved by the Township Council. The maintenance guaranty bond shall be given at the time the Township has certified that all the improvements have been installed in a satisfactory and acceptable manner. In addition, the maintenance guaranty shall cover regular maintenance, such as curb replacement and repair, cleaning out of catch basins and any other matters which would be necessary to put any of the required improvements in the condition as when certified by the Township Engineer. The bond shall provide for a guaranty to replace, during said period, all work performed and all materials furnished found defective and make good any defects thereof which may become apparent before the expiration of the said period.
(2) 
The Township Council shall not accept any road or improvement into the municipal systems until the maintenance period expires or after the deficiencies are repaired, and then only if it is in the same condition as when certified. However, the Township shall undertake to remove snow from the roads during the period between certification and final acceptance if the applicant presents a written request to the Township Clerk and agrees in the request to hold harmless the Township and its agents and employees from any damages caused by the snow removal.
U. 
Prerequisites for construction permits. If the improvements are part of a subdivision, a construction permit shall not be issued until the complete installation of all works, including but not limited to sanitary sewers, water, gas, storm drains, roads, curbs and street signs, all as specified in the plan, except those items covered by a performance guaranty as referred to in Subsection R above. Upon certification by the Township Engineer that the installation is complete, construction permits shall be authorized.
V. 
Insurance required. The applicant and his/her contractors shall carry such insurance as may be required by the Township.
W. 
Violations and penalties. Any person, firm or corporation who shall violate, disobey, omit, neglect or refuse to comply with any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-17. Each and every day such violation continues shall constitute a separate and distinct offense.
X. 
Exhibits; availability for inspection. Detailed drawings shall be available for inspection at the office of the Township Clerk and Planning Board Clerk during regular business hours.
[Added 4-26-2000 by Ord. No. 718-00]
A. 
Purpose. The governing body of Clinton Township finds that regulation of outdoor lighting in Clinton Township is necessary to prevent misdirected or excessive artificial light, caused by inappropriate or misaligned light fixtures that produce glare, light trespass (nuisance light) and/or sky glow; and also that such regulation is necessary to discourage the waste of electricity and to improve or maintain nighttime public safety, utility and security.
B. 
Outdoor lighting. All outdoor light fixtures installed and thereafter maintained, other than those serving one- and two-family dwellings [except as otherwise noted, see Subsection B(8) below], shall be outdoor enclosed light fixtures, and shall comply with the requirements specified in this section:
(1) 
Where used for security purposes or to illuminate walkways, roadways and parking lots, only outdoor enclosed light fixtures shielded from public view and having the performance characteristics of a cutoff light fixture shall be used.
(a) 
For parking lots and walkways, light poles that are visible to the public shall not exceed 16 feet in height (base plus pole).
(2) 
Where used for commercial and industrial purposes such as in merchandise display areas, work areas, platforms, signs, architectural, landscape or sports or recreational facilities, all light fixtures shall be equipped with automatic timing devices and shall comply with the following:
(a) 
Lamp/luminaire combinations being considered to illuminate flags, statues or any other objects mounted on a pole, pedestal or platform shall have their candlepower curve plotted such that 100% of the beam angle used is not greater than the size of the object to be illuminated.
[1] 
In the case of flags that can move in the wind 360º around the pole, the beam angle shall be based on a circle having a radius equal to the width of the flag, except that flags having a width of 12 feet or more shall be illuminated by a beam with a radius not greater than 2/3 of the width of the flag.
(b) 
Other upward directed architectural, landscape or decorative light emissions shall have at least 90% of their total distribution pattern within the profile of the illuminated structure.
(c) 
Externally illuminated signs, including commercial billboard, building identification or other similar illuminated signs, shall comply with the following:
[1] 
Top-mounted light fixtures shall have illumination levels plotted such that 100% of the beam angle used is not greater than the size of the externally illuminated sign, and are preferred over any other positioned light fixtures.
[2] 
When top-mounted light fixtures are not feasible for good cause shown, illumination from other positioned light fixtures shall continue to be restricted to the sign area. Visors or other directional control devices shall be used to eliminate any spill light. Furthermore, when billboard or any other signage is viewed from the opposite side of that being illuminated, luminous portions of light fixtures, and stray light, shall not be visible.
(3) 
Detailed plans are to be provided to illustrate floodlight distribution patterns. Once properly installed, the fixtures are to be aimed, permanently affixed, and maintained in the approved position according to the terms of approval outlined in the approving resolution.
(4) 
Foundations supporting lighting poles installed less than four feet behind the curb shall not be less than 24 inches above the ground.
(5) 
Outdoor light fixtures for purposes of private, commercial or industrial usage shall not be attached or mounted to public property (i.e., public buildings, utility poles, telephone poles, streetlights, road/street signs). Furthermore, these fixtures shall not tap or extend power from sources servicing public lighting and/or power devices.
(6) 
To prevent visual adaptation for motorists approaching commercial properties from adjacent low luminance residential areas, vertical luminances on the commercial and industrial properties in these locations shall be limited to 100 fL for internally illuminated signs and five fL for externally illuminated signs and building surfaces used as signs.
(7) 
Outdoor recreational and sports facility lighting shall be shielded from public view, as observed from outside the playing field. Such lighting shall have directional and glare control devices, when necessary, to comply with Subsection C.
(8) 
All outdoor light fixtures that serve one- and two-family dwellings and that have initial light outputs greater than 1,500 lumens shall be outdoor enclosed light fixtures. Light fixtures with initial light outputs less than 1,500 lumens such as decorative porch lights, wall sconces, post top lanterns and walkway fixtures may contain lamps and glass/plastic diffusing devices that extend beyond the opaque fixture enclosure. All outdoor light fixtures shall comply with the requirements as specified below:
(a) 
Light distributions generated by light fixtures shall be confined to the property on which they are installed.
(b) 
Outdoor light fixtures properly installed and maintained shall be directed so that there will not be any direct glare source visible from any adjacent residential property.
(c) 
Light fixtures installed within any setback area, including front, rear or side yard setbacks, shall contain shielding devices to prevent light spill and glare upward and onto adjacent properties.
C. 
Light trespass (nuisance light).
(1) 
All light fixtures, except streetlighting maintained by a governmental authority, and those used on one- or two-family dwellings, shall be designed, installed and maintained to prevent light trespass, as specified below:
(a) 
Facade lighting on schools and other public buildings or incident illumination occurring above a height of five feet above the property line of the subject property shall not exceed 0.1 footcandle in a vertical plane on residentially zoned property.
[Amended 4-27-2016 by Ord. No. 1084-16]
(b) 
Outdoor light fixtures properly installed and thereafter maintained shall be directed so that there will not be any direct glare source visible from any property.
(2) 
Note: Light fixtures near adjacent property may require special shielding devices to prevent light trespass.
D. 
Illuminance and luminance requirements. Illuminance and luminance requirements shall be as set forth below:
(1) 
Streetlighting.
Average Illuminance
(fc)
Average Luminance
(fL)
Ratio
(fc)
Ratio
(fL)
Category
Initial
Maintained
Initial
Maintained
Average to
Minimum
Average to
Minimum
Residential
Streetlighting local
0.6
0.4
0.12
0.09
5 to 1
5 to 1
Streetlighting collector
0.9
0.6
0.18
0.12
4 to 1
4 to 1
Commercial
Streetlighting local
1.3
0.9
0.26
0.18
5 to 1
5 to 1
Streetlighting collector
1.7
1.2
0.34
0.24
4 to 1
3 to 1
(2) 
On-grade parking. Refer to Schedule A.
[Amended 4-27-2016 by Ord. No. 1084-16]
Schedule A
Maintained Illuminance for Parking Lots
Initial Illuminance
Basic
Enhanced Security
Basic
Enhanced Security
Horizontal Illuminance
Minimum (fc)
0.2
0.5
0.3
0.7
Average (fc)
1.0
2.5
1.4
3.6
Uniformity ratios
Average to minimum
5:1
5:1
5:1
5:1
Maximum to minimum
20:1
15:1
20:1
20:1
Minimum vertical illuminance (fc)
0.1
0.25
0:15
0.35
NOTES:
1. Minimum horizontal illuminance shall be no lower than 0.2 fc.
2. Average horizontal illuminance shall not exceed 2.5 fc.
3. Minimum vertical illuminance shall be measured at five feet above parking surface at the point of lowest horizontal illuminance, excluding facing outward along the boundaries.
4. For typical conditions. During periods of nonuse, the illuminance of certain parking facilities should be turned off or reduced to conserve energy. If reduced lighting is to be used only for the purpose of property security, it is desirable that the minimum (low point) not be less than 0.1 h.f.c. Reductions should not be applied to facilities subject to intermittent night use, such as apartments and active transportation areas.
5. High vehicular traffic locations should generally require the enhanced level of illumination. Exits, entrances, internal connecting roadways and such would be some examples.
Certain data above have been summarized from IESNA RP-20-98, titled "Lighting for Parking Facilities."
(3) 
All other illuminance uses shall not exceed IESNA recommendations.
(4) 
Internally illuminated signs shall not exceed 75% of IESNA luminance recommendations.
(5) 
Externally illuminated signs. Luminance values are to be based on the following surface reflectances:
Range of Surface Reflectance
Luminance Measured in Footlamberts (fL)
10% to 20%
5 to 10
20% to 50%
4 to 10
50% to 100%
5 to 10
(6) 
When building surfaces are used as signs, the luminance values and surface reflectances shall be the same as those indicated for "externally illuminated signs."
E. 
Outdoor lighting energy conservation.
(1) 
All outdoor lighting not essential for safety and security purposes or to illustrate changes in grade or material shall be activated by automatic control devices and turned off during nonoperating hours. Illuminated signs are excluded from this requirement.
(a) 
Exterior retail and merchandise display lighting, e.g., automobile dealerships, nurseries/garden markets, shall not remain on after 10:00 p.m. Reduced levels of lighting in interior show or display windows may remain on for security purposes; provided, however, that these levels shall not exceed 25% of the normal artificial lighting levels in the interior display or show windows.
(b) 
Exterior lighting for recreational areas, athletic fields and courts shall not remain on after 10:00 p.m., except for exterior lighting serving accredited educational institutions, which shall not remain on after 11:00 p.m.
(c) 
Exterior security lighting shall be classified as one of the following:
[1] 
Lighting which is essential to deter vandalism and/or break-in. This lighting shall be limited to exterior door locations. Fixtures used for normal operation at these locations may remain on. The fixtures shall be outdoor enclosed lighting fixtures. If window areas present possible break-in locations, reduced levels of interior lighting which is situated around the windows may remain on as a night light source to illuminate the window. Night light levels shall not exceed 50% of the normal interior artificial lighting levels around the windows.
[2] 
Normally off lighting that is activated by a sensor or detector. Typically, discharge lamp sources such as sodium vapor, mercury vapor, and metal halide are not instant start. Therefore, consideration should be given to using other lamp sources such as incandescent, tungsten halogen, and fluorescent which can be used for immediate activation. Normally off lighting activated by sensors or detectors shall be directed toward the vertical surfaces of buildings or objects of concern.
[3] 
Lighting that remains on for surveillance cameras. This lighting shall be confined to vertical building surfaces and vertical surfaces along the perimeter of a site, e.g. walls, trees, bushes. Illuminance levels for this lighting shall be coordinated with, and not exceed, the minimum illuminance threshold of the cameras being used. This data shall be provided with the submission of the plans, in accordance with Subsection F below.
(2) 
All lighting shall be designed to prevent misdirected or excessive artificial light and to maximize energy efficiency in accordance with Subsection C above.
F. 
Submission of plans. Plans and evidence of compliance shall include the following:
(1) 
Description of outdoor lamp/luminaire combinations, including component specifications such as lamps, reflectors, optics, angle of cutoff, supports, poles and include manufacturer's catalog cuts.
(2) 
Locations and description of every outdoor enclosed light fixture and hours of operation, their aiming angles and mounting heights.
(3) 
The initial horizontal and vertical illuminance shall be illustrated in footcandles (before depreciation). Illustrate relamping and cleaning cycles to arrive at maintained values of illumination. Separately state proposed maintained footcandles (horizontal and vertical).
(a) 
Maximum.
(b) 
Minimum.
(c) 
Average, during operating and nonoperating hours.
(d) 
Average to minimum uniformity ratio.
(4) 
Computer-generated photometric grid showing footcandle readings every 10 feet and the average footcandles. Depending upon the design application, this can be for either or both facade (vertical) or horizontal illumination levels.
(5) 
Foundation details for light poles.
G. 
Prohibitions. Searchlights or flashing or animated signs are prohibited, other than as approved by the Township Council.
H. 
Notification. Any developer constructing new one- and two-family dwellings in the Township shall provide home purchasers with a copy of § 165-74B(8), which addresses lighting standards for one- and two-family dwellings.
[Amended 4-10-2002 by Ord. No. 772-02; 8-14-2002 by Ord. No. 790-02; 4-9-2003 by Ord. No. 812-03; 6-13-2007 by Ord. No. 923-07; 10-28-2020 by Ord. No. 1142-2020; 6-26-2024 by Ord. No. 1202-2024]
A. 
Purpose and applicability.
(1) 
Purpose. The purpose of this section is to establish design standards to govern the use and development of land in the Township's nonresidential zoning districts and in districts where development of nonresidential structures is a permitted or conditional use. The intent of this section is the following:
(a) 
To set forth specific guidelines and standards to promote functional and coordinated site plans and subdivisions that respect other properties within each character district.
(b) 
To provide standards that shall be used by an applicant in preparing a development plan and by the Planning Board and Zoning Board of Adjustment (hereinafter referred to as the "Boards") in reviewing the same. In reviewing a development plan, the Boards shall determine whether or not, and to what degree, an application for development meets such standards. The Boards may approve, conditionally approve, request modifications, or deny approval of the application for development based upon its review of the development plan.
(c) 
To ensure that any development gives due consideration to the physical, visual, and spatial character and scale of the existing streetscape, neighborhood and district in which it is located and the Township generally.
(d) 
To ensure that the design, location and facade treatment of the front, sides, and rear of all buildings and structures is done in an efficient and planned manner so that the buildings and structures will not be markedly incongruous with the character of the existing neighborhood or the character as if all buildings complied with this section.
(e) 
To promote land development practices that respond to the full range of design sensitivities of the Clinton Township Master Plan generally, including the Master Plan subplan element titled "Preserving Community Character - Community Design Guidelines for Clinton Township," with photographs and explanatory text, which was adopted by the Township Planning Board and is incorporated herein by reference.
(2) 
Applicability. This section is applicable to all site plans and subdivisions in character districts identified on the adopted map.
B. 
Establishment of Character Districts.
(1) 
For the purposes of this section there are hereby established the following Character Districts:
(a) 
Route 31 South Campus District
(b) 
Route 31 North Campus District
(c) 
Route 78 Campus District
(d) 
Route 31 South Highway Corridor District
(e) 
Route 31 North Highway Corridor District
(f) 
Route 22 Highway Corridor District
(2) 
These districts are shown on the Map titled "Clinton Township Character Districts", dated July 2002, which is attached to and made a part of this section.[1]
[1]
Editor's Note: The map is on file in the office of the Township Clerk.
C. 
Description of the Campus Character Districts. The Campus Character Districts include the Route 31 South, the Route 31 North and the Route 78 Campus Districts. These districts include a mixture of office and research buildings located within a park-like setting. Existing streets are of appropriate width to serve the existing development, with limited improvements given the attempt to maintain a rural character. Open fields, sometimes farmed, surround a central area developed for office or research use with associated parking. Building types vary depending on the use, but are large in scale. Long vistas are apparent across the open fields, with hedgerows and landscape features such as walls and fences. Rural landscaping is maintained in the open spaces, with ornamental landscaping within developed portions of the site. These scenic vistas are identified on the map of scenic corridors and vistas.
(1) 
Route 31 South Campus District. This area of the Township is characterized by major vistas over open farm fields. The landscape is rolling with some woodland cover. Properties along the western side of this corridor can collectively provide linkage between the High School to the north and Bundt Park to the south, and are generally zoned ROM-1 for research, office and manufacturing. Properties along the eastern side of the corridor can provide linkage between Routes 31 and 22, and are also zoned ROM-1. The design goal for this district is to maintain the open vistas along Route 31.
(2) 
Route 31 North Campus District. This area of the Township is characterized by a rolling topography with long views across open fields towards a wooded backdrop, or by forested parcels. The northern limit of this District is a gateway to the community. This area is primarily zoned OB-1 for office buildings, with limited areas of ROM-3 (research, office and manufacturing) and C-1 (commercial). The design goals for this district are to maintain the wooded edge along Route 31, and to maintain existing vistas.
(3) 
Route 78 Campus District. This area of the Township is dominated by large lots, some of which have developed with large-scale uses. While these lots front onto and are visible from Route 78 they do not take access from Route 78, but rather from local roads. These areas are typically zoned ROM-1 and ROM-2 for research, office and manufacturing. The design goal for this district is to maintain a strong screened buffer from Route 78 and local roads. With dense screening it is possible to maintain the rural character of the area.
D. 
Description of the Highway Corridor Districts. The Highway Corridor Districts include the Route 31 South Highway Corridor District, the Route 31 North Highway Corridor District and the Route 22 Highway Corridor District. The highways which define the Districts are gateways into the community. Within Clinton Township the highways are currently developed with a wide range of commercial and service uses. Highways are multi-lane, some of which are divided, with varying degrees of curbing, but generally with wide side medians. There are still many areas with little development or underdeveloped lots. However, some large-scale developments, such as shopping centers, grocery stores and office buildings, have been built in these areas. Most of these uses require large areas of parking as well as stormwater management areas. Site landscaping varies, with planted landscape buffers intermingled with sites which have little or no landscape treatment.
(1) 
Route 31 South Highway Corridor District. This area of the Township is characterized by small narrow lots that are largely developed and generally not suitable for access from the rear. With limited opportunities to maintain or establish long vistas, this district is best suited for redevelopment in areas zoned either C-1, OB-1 or OB-2. The design goal for these areas is to encourage an attractive design of buildings and landscaping along the highway that will bring unity to the diverse uses and structures found along the corridor.
(2) 
Route 31 North Highway Corridor District. A mixture of small and medium-sized lots are found in this area of the Township. Because these lots are constrained to the rear, they are not suitable for rear access or the maintenance of long vistas. The design goal for this district is to encourage an attractive design of buildings and landscaping along the highway that will bring unity to the diverse uses and structures.
(3) 
Route 22 Highway Corridor District. This area of the Township contains a mixture of small and large lots. Half of these lots are bordered to the rear by Route 78, and half are bordered to the rear by the railroad. Because of this constraint these lots are not suitable for rear access or the maintenance of long vistas. One design goal for this area is to maintain a strong edge along Route 22 that will bring unity to the diverse uses and structures. A second design goal is to provide a landscape screen along the Route 78 corridor and the railroad.
E. 
Design Standards for the Route 31 South Campus District. The following standards for site design and layout shall apply in the Route 31 South Campus District. All references to highway in this section refer to Route 31.
(1) 
Building arrangement
(a) 
Primary access and orientation to buildings and building clusters shall be from proposed Master Plan roadways. The roadway shall be built by the applicant according to the following dimensions:
Right-of-way
80'
Sidewalk
6'
Grass strip
6'
Shoulder
2'
Lane
12'
Shoulder
2'
Median island
18'
Shoulder
2'
Land
12'
Shoulder
2'
Grass strip
6'
Recreational trail
12'
(b) 
Master Plan roadways shall be constructed of the following materials and in accordance with the following standards:
[1] 
Sidewalks: colored concrete with a two-foot-by-two-foot weave pattern.
[2] 
Curbs: Jumbo Cobble curbs, 11 inches by seven inches by four inches.
[3] 
Crosswalks: All pedestrian intersections shall be marked with rows of two-foot by six-foot white reflective vinyl.
[4] 
Street trees: Plant canopy trees every 50 feet on center within the grass strip
[5] 
Landscaped median island: Plant flowering trees at 30 feet on center within the median island; plant flowering shrubs and bulbs at each intersection and provide grass strips throughout.
(c) 
Buildings within the district shall be clustered to minimize the footprint of development on the landscape and provide for substantial green areas, and to encourage pedestrians to walk between buildings and sites. Buildings shall create a continuity of building facades along a building line parallel to the public street or internal private drives, and shall be arranged to define a rhythm of built and open areas that create a series of "outdoor rooms" facing the street or drive.
(d) 
Buildings shall be grouped in compact clusters to provide wide pockets of open space as viewed from the highway. The applicant shall provide a visual analysis of the site and surrounding areas as viewed from the highway, before and after the proposed development, in order to determine the most appropriate areas for buildings and landscaped or other open areas. The visual analysis shall include photographs of the site in its pre-development state from at least three perspectives along the highway and surrounding residential areas. The visual analysis of the proposed development shall include the photographs of the existing site with an overlay of the proposed development; oblique perspectives of the site from the highway and surrounding residential areas showing the proposed development; and, cross sections of the proposed development through areas of the greatest existing and proposed topographic changes, with building elevations. If visible from a scenic road or within a scenic vista, additional cross sections may be required.
(e) 
The preservation of rural vistas and view lines along the highway is a primary goal for this district. The location of buildings and parking shall be determined based upon the preservation of these vistas as identified in the visual analysis of the site and as identified on the map of scenic corridors and vistas.
(f) 
The frontal aspect of buildings shall be oriented to Master Plan roads, as well as to internal private streets, both functionally and visually. In a development of two or more buildings, building facades shall be designed and located to relate to one another, both functionally and visually. To the extent possible, large-scale buildings shall be discouraged in favor of smaller, individualized building groupings, utilizing such features as courtyards, quadrangles, and alleys that encourage pedestrian activity and incidental social interaction among users. Only secondary building facades shall face an open parking area.
(2) 
Landscape design.
(a) 
At least 75% of the view of buildings from the highway shall be screened with dense masses of trees. Berms, dense shrubs and trees shall be provided to hide parking. The landscape screen shall be created within 10 years based on the average growth rate for the selected plant materials.
(b) 
Local streets connecting the highway to Master Plan roads and internal streets shall be landscaped with a strong, formal alley of trees to complement the existing hedgerows.
(c) 
Any boulevard parkways shown on the Master Plan shall be landscaped formally with a combination of canopy, evergreen and flowering trees.
(d) 
The perimeter of the property, property entrances and street frontages shall maximize the preservation and reestablishment of the rural hedgerows, except where vistas are actively being preserved.
(e) 
The landscape design shall also comply with the standards of § 165-77.
(3) 
Parking and circulation.
(a) 
Any portion of the Master Plan roadway between Regional Road and Bundt Park and the Master Plan roadway between Route 31 and Route 22 shall be provided as part of the site development. The Master Plan roads shall create a divided parkway boulevard including a landscaped median, as specified in subsection § 165-75E(1) above.
(b) 
Direct access to sites from the highway shall be prohibited, except for emergency access, in order to promote traffic safety and to preserve the vista from the highway. Access into the District from the highway shall be provided from the local and county streets that offer signalized access connecting the highway to the new Master Plan road.
(c) 
Pedestrian walkways shall be provided from Master Plan roads to the proposed buildings. Pedestrian walkways shall extend from the boulevard entrances onto the local street to activity centers/commercial development at the intersections with the highway. Pedestrian walkways shall be precast concrete pavers in a pattern and color approved by the Boards.
(d) 
Parking lots shall be placed on the side, in the courtyard of or within buildings so that visibility from the highway is limited.
(e) 
Visual screening of parking areas shall comply with § 165-77.
(f) 
All loading areas shall be completely screened from public view through the use of building arrangement, landscaping or fencing, or a combination thereof.
(g) 
Where guide rails are required, earth tone treatments like Cor-Ten 'W' section steel or wood shall be installed and maintained to promote the rural character of the Township.
(4) 
Grading and drainage.
(a) 
The proposed grading shall complement the existing topography and protect environmentally sensitive areas. In order to accomplish this goal, no proposed slope shall be steeper than a ratio of 3:1 (horizontal to vertical), except slopes along public rights-of-way, which shall not be steeper than a ratio of 5:1 (horizontal to vertical). If a proposed slope exceeds 10 feet in elevation change, the slope should undulate in conformity with that of existing and naturally occurring slopes.
[1] 
The maximum cut and/or fill shall be five feet. If needed to preserve environmentally sensitive areas, cuts and/or fills may exceed five feet, but never more than eight feet.
[2] 
If retaining walls are proposed, no single wall may exceed six feet in height. Due to environmental constraints or extraordinary circumstances, a tiered wall may be proposed, provided that no single tier may exceed five feet, no more than three tiers may be proposed, and a minimum of 10 feet horizontal must be provided between tiers. An unobstructed area must be provided above and below all retaining walls. No roads or parking areas may be constructed within 13 feet of the top of a retaining wall and seven feet of the bottom of a retaining wall. No buildings may be constructed within 20 feet of the top or bottom of a retaining wall. The retaining walls shall not be constructed of timber or steel and shall be masonry type walls with architectural facings (i.e. brick and natural field stone facing), unless the Boards determine peculiar circumstances exist for another wall material.
(b) 
Stormwater shall be managed through the utilization of infiltration, retention or detention, in that order of preference. Underground infiltration facilities shall be utilized wherever possible. If the preferred methods are not proposed, substantial evidence shall be provided as to why the preferred methods are not viable.
(c) 
All stormwater management facilities shall be designed to promote a rural landscape setting that includes canopy trees and flowering trees in order to mitigate the engineered appearance of these structures. Infiltration, retention and detention basins may be utilized as a design feature of the property, provided they do not conflict with the rural landscape. Detention basins shall be completely buffered by berms, decorative fences and landscaping. Detention basins shall feature naturalized landscaping.
(d) 
Infiltration, retention and detention basins shall be designed and planted to become a landscape amenity. Basins, headwalls, outlet structures, concrete flow channels, riprap channels and other drainage improvements shall be screened with plant material and/or berms, or shall incorporate design details that make the structures aesthetic and blend into the surrounding environment. Such drainage structures, as appropriate, shall be situated in the least visible location or, if visible, incorporated into the natural contours of the land.
(e) 
All designs shall incorporate best management practices in accordance with "Revised Manual for New Jersey: Best Management Practices for Control of Nonpoint Source Pollution from Stormwater" (latest revision), prepared by the New Jersey Department of Environmental Protection (NJDEP).
(f) 
Detention basins shall be located as an integral part of the site design and not as a secondary design consideration. The basins shall be designed for easy maintenance and shall add aesthetically to the site development.
[1] 
No slope associated with the construction of a detention basin shall be steeper than 5:1 (horizontal to vertical). All areas shall be graded to permit easy mowing and maintenance.
[2] 
Provisions shall be made to provide maintenance vehicle access to the outlet structures, headwalls and flared end sections. If the arrangement of the structures and the basin requires vehicle access via the top of a berm, a level section at least eight feet wide on top of the berm shall be provided. The maintenance vehicle access shall be constructed of a surface material capable of supporting maintenance vehicles, which may consist of grass pavers or an equivalent surface material.
[3] 
The detention basin shall be suitably screened including vegetation within the basin. The vegetation shall include grass, trees and shrubs. The outlet structures shall be screened but not obstructed by the proposed vegetation. No trees or shrubs shall be proposed on any constructed berm.
F. 
Design standards for the Route 31 North Campus District. The following standards for site design and layout shall apply in the Route 31 North Campus District. All references to highway in this section refer to Route 31.
(1) 
Building arrangement.
(a) 
Primary access and orientation to buildings and building clusters shall be from the highway.
(b) 
See Subsection E(1)(c), (d), (e) and (f) for additional standards relating to building arrangement in this district.
(2) 
Landscape design.
(a) 
Each site shall be planned to preserve existing landscape elements or create new naturalized landscape settings to frame and enhance the Township's rural vistas. These vistas are identified on the map of scenic corridors and vistas.
(b) 
A formal tree planting plan shall be provided parallel to the highway, with additional tree clusters on interior portions of the site to further screen the proposed development. Tree planting standards should comply with § 165-77.
(c) 
See Subsection E(2)(a), (d), (e) and (f) for additional standards relating to landscape design in this district.
(3) 
Parking and circulation.
(a) 
For single buildings on a property, parking lots shall be placed on the side and/or rear of the building and loading areas to the rear of the building so that visibility from the highway is limited. For building clusters on a single property, the parking lots and loading areas shall be placed in the courtyard of or within buildings so that visibility from the highway is limited.
(b) 
See Subsection E(3)(e), (f) and (g) for additional standards relating to parking in this district.
(4) 
Grading and drainage. See Subsection E(4) for grading and drainage standards in this district.
G. 
Design Standards for the Route 78 Campus District. The following standards for site design and layout shall apply in the Route 78 Campus District. All references to highway in this section refer to Route 78.
(1) 
Building arrangement.
(a) 
Primary access and orientation to buildings and building clusters shall be from local roads.
(b) 
All development shall be arranged into building clusters to provide wide pockets of open space between the clusters as viewed from the highway and local roads. The applicant shall provide a visual analysis of the site as viewed from the highway and local roads, before and after the proposed development, in order to determine the most appropriate areas for building and landscaped or other open areas. The visual analysis shall include photographs of the site in its pre-development state from at least three perspectives along the highway and local roads. The visual analysis of the proposed development shall include the photographs of the existing site with an overlay of the proposed development; oblique perspectives of the site from the highway and local roads showing the proposed development; and, cross sections of the proposed development through areas of the greatest existing and proposed topographic changes, with building elevations. If visible from a scenic road or within a scenic vista, additional cross sections may be required.
(c) 
The preservation of rural vistas along the highway and local roads is a primary goal of this district. The location of buildings and parking shall be determined based upon the preservation of these vistas as identified in the visual analysis of the site and as identified on the map of scenic corridors and vistas.
(d) 
A building shall be located to front towards and relate to local roads as well as to internal private streets, both functionally and visually. In a development of two or more buildings, buildings shall also be located to present building facades to relate to one another, both functionally and visually. To the extent possible, the development shall divide proposed buildings into smaller, individualized groupings, utilizing such features as courtyards, quadrangles and alleys that encourage pedestrian activity and incidental social interaction among users. Only secondary building facades should face an open parking area.
(2) 
Landscape design.
(a) 
There shall be a continuous dense planting of evergreen, canopy and flowering trees to both define an edge of the road and to screen the development from the highway in accordance with the standards of § 165-77. The local roads shall be planted to maintain or recreate typical historic hedgerows with a dense evergreen buffer behind to ensure that the development is not visible from the rural roads.
(b) 
Each site shall be planned to preserve existing or create new natural landscape settings to frame and enhance the Township's rural vistas. These vistas are identified on the map of scenic corridors and vistas.
(c) 
See Subsection E(2)(d), (e) and (f) for additional landscape design standards in this district.
(3) 
Parking and circulation.
(a) 
See Subsections F(3)(a) and E(3)(e), (f) and (g) for additional standards relating to parking in this district.
(4) 
Grading and drainage. See Subsection E(4) for grading and drainage standards in this district.
H. 
Design standards for the Route 31 South Highway Corridor District. The following standards for site design and layout shall apply in the Route 31 South Highway Corridor District. All references to highway in this section refer to Route 31.
(1) 
Building arrangement.
(a) 
All lots shall be developed in accordance with Strategy A set forth below, unless one or more of the following applies, in which case development shall occur in accordance with Strategy B.
[1] 
The average depth of the lot is less than 200 feet.
[2] 
The existing development on the lot places parking in the front yard.
[3] 
A front yard parking area is the only viable method of linking the off-street parking with the adjacent parcel off-street parking areas.
(b) 
The following building setback standards shall apply.
[1] 
Strategy A: The front yard shall be no less than 40 feet and no more than 60 feet unless the Boards approve otherwise.
[2] 
Strategy B: The front yard shall be no less than 80 and no more than 100 feet unless the Boards approve otherwise.
(2) 
Landscape design.
(a) 
A well-designed formal landscape shall be established in order to provide unity within the district. There shall be a continuous edge of street trees to define a formal edge of the highway. The type of street tree shall be based upon an overall landscape theme.
(b) 
With Strategy A, there shall be a continuous ten-foot wide landscape buffer treatment including street trees, decorative fencing and/or shrubs and hedges to define the edge of the highway. The selection of decorative fencing shall include materials such as wood post and rail, stone post and rail brick post and rail and vinyl post and rail. Wire mesh, chain link, barbed wire and sheep mesh fences are prohibited. This landscape treatment shall be designed to create an overall landscape theme and to provide continuity within the district. With Strategy B, the standards of § 165-77 shall apply.
(c) 
All sides of a building shall receive landscape treatment.
(d) 
Landscape design also shall comply with the standards of § 165-77.
(3) 
Parking and circulation.
(a) 
For properties developed in accordance with Strategy A, parking areas shall be located to the side or rear of the building. For properties developed in accordance with Strategy B, parking areas may be permitted in front of the building. Loading areas are permitted to the side or rear of the building only for Strategies A and B.
(b) 
Site Strategy A requires a landscaped area with parking prohibited along the front of the property. A connected network of parking areas shall be provided to the side or rear of the building.
(c) 
Strategy B permits one double row of parking to be located within the front yard setback.
(d) 
Each developed lot shall provide both pedestrian and vehicular access to the adjoining properties at coordinated locations so that it is possible to gain access to adjacent properties without having to access the highway or street. Pedestrian walkways shall be provided between each building, parking area, adjacent buildings and adjacent parking areas. The pedestrian walkways shall be precast concrete pavers in a pattern and color approved by the Boards.
(e) 
Visual screening of parking areas shall comply with § 165-77.
(f) 
Where guiderails are required, naturally rusting Cor-Ten "W" section steel or wood shall be installed and maintained to promote the rural character of the Township.
(4) 
Grading and drainage. See Subsection E(4) for grading and drainage standards in this district.
I. 
Design standards for the Route 31 North Highway Corridor District. The following standards for site design and layout shall apply in the Route 31 North Highway Corridor District. All references to highway in this section refer to Route 31.
(1) 
Building arrangement. See Subsection H(1) for building arrangement standards in this district.
(2) 
Landscape design. See Subsection H(2) for landscape design standards in this district.
(3) 
Parking and circulation. See Subsection H(3) for parking and circulation standards for this district.
(4) 
Grading and drainage. See Subsection E(4) for grading and drainage standards for this district.
J. 
Design standards for the Route 22 Highway Corridor District. The following standards for site design and layout shall apply in the Route 22 Highway Corridor District. All references to highway in this section shall refer to Route 22 and Route 78, unless otherwise indicated.
(1) 
Building arrangement. See Subsection H(1) for building arrangement standards for this district.
(2) 
Landscape design.
(a) 
The view of Route 78 and the railroad to the rear of properties shall be planted with masses of canopy and evergreen trees to totally screen the development from the Interstate highway and the railroad, except where rural vistas have been identified along Route 78, in order to maintain the rural landscape of the Township.
(b) 
See Subsection H(2) for additional landscape design standards for this district.
(3) 
Parking and circulation. See Subsection H(3) for parking and circulation standards for this district.
(4) 
Grading and drainage. See Subsection E(4) for grading and drainage standards for this district.
K. 
Architectural standards for Campus Districts. The following architectural standards shall apply in the Campus Districts (Route 31 South Campus District, Route 31 North Campus District and Route 78 Campus District). The photographs, drawings and text of "Preserving Community Character-Community Design Guidelines for Clinton Township" are provided as a reference guideline to assist land development applicants and the Boards in the application of these standards.
(1) 
Building character. The construction and renovation of buildings shall promote the rural architectural traditions of the Township and create landscape screening to eliminate the visibility of incompatible, ancillary structures. The Township's rural architectural traditions feature simple farmhouses with clapboard siding and pitched roofs; farm buildings, including silos, barns and outbuildings, surrounded by fields and hedgerows; and, groupings of buildings in the form of hamlets or villages.
(a) 
All buildings shall feature traditional pitched roofs with a minimum slope of 8/12 and a maximum slope of 12/12, unless otherwise permitted by this chapter. When buildings are greater than 10,000 square feet, and where a fully pitched roof throughout would not be practical, a sloped fascia roof with a slope of 8/12 or greater shall be permitted in coordination with a flat roof, provided that the appearance is that of a full roof. In all circumstances the primary pitched roof shall be at least one story in height. The primary roofing materials shall be standing seam metal or shingles.
(b) 
All buildings shall provide architectural elements such as wall articulations and roof line variations to create a dynamically shaped volume that the Boards determine to be a form consistent with the Township's rural architectural traditions as demonstrated in the examples shown in "Preserving Community Character-Community Design Guidelines for Clinton Township". Box-like building shapes that offer minimal articulation of the walls and roof lines are prohibited.
(2) 
Building scale and rhythm.
(a) 
Building height in comparison to neighboring buildings. Building facades shall introduce cornice lines, overhangs, or changes of material to generally reflect the scale of neighboring buildings within 100 feet, especially historically significant buildings. Where building height exceeds the dominant pattern for adjacent buildings, consistent cornice lines between buildings or building setback for upper floors shall be created to reduce the scale of the building.
(b) 
Building facades, windows and window panes shall respect traditional architectural proportions, such as the Golden Rectangle.
(c) 
The design of large facades shall minimize their impact by respecting the human scale and classic proportions most compatible with the rural architectural traditions of the Township.
(d) 
Building separation in comparison to neighboring buildings. Except where building separations are designed to highlight rural vistas, the spaces between buildings shall be designed to promote the continuity of the street edge and create a continuing rhythm of spaces.
(e) 
Facades shall be designed with architectural features at the human scale. Human scale detailing is the treatment of elements of a building facade at a smaller scale based on human vision, proportion, height and rate of movement to add interest to the pedestrian passerby. Examples include patterned tiles, textured stone or brick, carved wood or decorative metalwork.
(f) 
Buildings of two to three stories are strongly encouraged. The buildings shall create a well-defined street edge within campus streets and boulevards.
(g) 
A properly proportioned color perspective or computer generated illustration shall be submitted with the preliminary site plan application for new buildings of greater than 5,000 square feet. The drawing shall document compliance with the architectural and landscape principles identified in this ordinance section.
(3) 
Building facades and roofs.
(a) 
At least 30% of primary building facades shall be located at the building setback line. This frontage shall feature architectural detailing, arcades, dormers, entrances and/or gables toward the public street. Continuity of the primary building facade is more important than an actual dimension; therefore, front yard averaging is permitted and encouraged. Where the ideal front yard build-to line cannot be achieved, secondary structures or wings shall be located along this frontage to redefine the street edge.
(b) 
Facades shall be articulated with vertical divisions to reduce the scale and uniformity of large-scale buildings. Street side building facades shall be designed to reflect the community's identity, character and scale as well as the human scale. Where building facades exceed 100 horizontal feet in length, vertical divisions every 40 feet shall be designed on all street side building facades. Vertical divisions shall be defined by wall plan projections no less than four feet in depth featuring a combination of piers, projecting bays, arcades or changes in roof configuration.
(c) 
Facades shall be articulated with horizontal divisions to reflect the traditional building elements of cap, wall and base. The cap shall feature either pitched roofs or articulated cornices and a change of color and material. The wall should include a horizontal division for the top of the ground story. The base traditionally includes a watercourse line and is often a more durable material that articulates how the mass of the building meets its grade. These architectural divisions shall have sufficient reveal to promote shadows on the facade of the building.
(d) 
The building shall have an articulated roofline related to the character of the surrounding buildings. Where pitched roofs are selected, roof pitches shall exceed a 8/12 slope to match local traditions. A combination of open gables, hip roofs, dormers or parapets with cornices should be designed to create a rhythm of repeating elements.
(e) 
Ground floor facades facing streets shall feature between 15 percent and 80% glass, which shall be nonreflective. Upper floor facades facing streets shall feature between 15% and 50% nonreflective glass. Glass allows the pedestrian to view into and people inside to view out of the building, adding visual interest and safety. Exterior reflective glass is prohibited as it is incompatible with the character of the Township.
(f) 
Facades in public view. Where facades other than the street side facades are in public view, the architectural treatment shall be consistent with the street side facades. However, these facades may be less detailed.
(g) 
Mechanical equipment, storage areas and trash storage shall be screened and enclosed. Where views of mechanical equipment, storage areas or trash storage areas are present, public views shall be screened and buffered by the use of architectural enclosures and landscape buffers.
(h) 
Traditional building materials, including brick, wood, clapboard, stone stucco, and nonreflective and nontinted glass, shall be used for new construction and, to the extent practical, redevelopment. While materials such as precast concrete walls, smooth finish concrete block, and extruded metal walls may be more economical, they give a cold, warehouse appearance; similarly, glass office buildings give a "high tech" appearance. These building materials are not suitable for the Township's rural character. Materials such as painted steel may be used, provided that they are consistent with the architectural traditions mentioned above.
(i) 
Primary building materials shall feature earth tone colors in the red, tan, white or brown range. Accent colors such as bright hues may be used; however, they should appear as secondary to the primary materials.
L. 
Architectural standards for Highway Districts. The following architectural standards shall apply in the Highway Districts (Route 31 South Highway Corridor District, Route 31 North Highway Corridor District and Route 22 Highway Corridor District). The photographs, drawings and text of "Preserving Community Character-Community Design Guidelines for Clinton Township" are provided as a reference guideline to assist land development applicants and the Planning Board in the application of these standards.
(1) 
Building character. See Subsection K(1) for building character standards for these districts.
(2) 
Building scale and rhythm. See Subsection K(2) for building scale and rhythm standards for these districts.
(3) 
Building facades and roofs.
(a) 
Well-defined building entrances shall be created approximately every 50 feet on street frontages and/or interior driveway aisles. In successful pedestrian oriented places, the continuity of regularly patronized entrances enhances the viability of a place. Where large-scale retail businesses are proposed, smaller in-line tenants shall be placed along the front facade with the large-scale retailer behind or above these tenants. This arrangement allows the primary tenant to occupy less frontage while maintaining the continuity of entrances.
(b) 
See Subsection K(3) for additional standards for building facades and roofs in these districts.
[Added 4-10-2002 by Ord. No. 771-02; amended 4-9-2003 by Ord. No. 811-03]
A. 
Purpose. The purposes of this section are the following.
(1) 
Maintain the quality of streams and improve the currently impaired streams in the Township.
(2) 
Protect significant ecological components of stream corridors such as wetlands, floodplains, woodlands, steep slopes, and wildlife and plant habitats within the stream corridors of the Township, and minimize flood-related damage to properties in the Township.
(3) 
Complement the existing state, regional, county and municipal stream corridor protection and management regulations and initiatives.
B. 
Applicability. All tracts falling in whole or in part within a stream corridor shall be subject to the standards set forth in this § 165-76.
C. 
Activities permitted in stream corridors. Stream corridors shall remain in their natural state, with no clearing or cutting of trees and brush (except for removal of dead vegetation and pruning for reasons of public safety), altering of watercourses, regrading or construction except for the following activities:
(1) 
Wildlife sanctuaries, woodland preserves and arboretums, but excluding enclosed structures.
(2) 
Fishing reserves, operated for the protection and propagation of wildlife, but excluding enclosed structures.
(3) 
Unpaved walking, bicycling and bridle trails outside of the stream channel.
(4) 
Fishing areas.
(5) 
Reconstruction of a structure which predates the adoption of this section in the event of damage or destruction by fire, natural hazards, or other acts God, provided the reconstruction does not have a greater footprint or total area than that of the damaged structure and no change in land use occurs; and further provided that the reconstruction shall be permitted only if no more than 50% of the structure is destroyed, as determined by an impartial appraisal.
(6) 
Agricultural land uses, including but not limited to cropland, pasture, nursery operations and greenhouses, in existence as of the effective date of this section. No new agricultural structures shall be permitted in the stream corridor after the effective date of this section.
D. 
Locations of activities on tracts partially within stream corridors. All new lots in major and minor subdivisions and site plans created after the date of this section shall be designed to provide sufficient areas outside of stream corridors to accommodate primary structures as well as any normal accessory uses appurtenant thereto. The following activities associated with applications after the date of this section are permitted within the stream corridor if no other reasonable or prudent alternative is available:
(1) 
Private or public water supply wells that have a sanitary seal, floodproofed water treatment facilities or pumping facilities.
(2) 
Dredging or grading work incidental to permitted structures or uses, including stream cleaning and stream rehabilitation, work undertaken to improve hydraulics or to protect public health permitted and approved by the New Jersey Department of Environmental Protection (NJDEP).
(3) 
Dams, culverts, bridges and roads provided that they cross the corridor as directly as practical.
(4) 
Sanitary or storm sewers (excluding any related outfall facilities).
(5) 
Utility transmission lines installed during periods of low stream flow in accordance with soil erosion and sediment control practices and approved by the Hunterdon County Soil Conservation District and permitted through the NJDEP.
E. 
Prohibited activities. All activities not permitted pursuant to § 165-76C or D shall be prohibited. In no circumstances shall the following be permitted as exceptions to such subsections:
(1) 
Any solid or hazardous waste facilities, including but not limited to sanitary landfills, transfer stations or wastewater lagoons.
(2) 
Junkyards, commercial and industrial storage facilities and open storage of vehicles or materials.
F. 
Provisions governing activities in stream corridors. The applicant for any activity permitted in a stream corridor shall rehabilitate any degraded areas within the stream corridor in a manner acceptable to the Planning Board unless the applicant demonstrates that it is economically infeasible to do so. The applicant shall also:
(1) 
Rehabilitate or cure the affects of disturbance caused during construction through the use of best management practices (BMPs) recommended by the NJDEP;
(2) 
Maintain the integrity of the surrounding habitat; and
(3) 
Maintain the existing ability of the stream corridor to buffer the stream. The applicant shall provide whatever additional measures are necessary to assure that areas designated as stream corridors will be rehabilitated or preserved and to prevent additional encroachments in a stream corridor likely to occur as a result of the approval granted. The Planning Board requires conservation easements and/or deed restrictions assuring that there will be no further intrusion on the stream corridor than that permitted by the activity approved.
G. 
Submission requirements. An applicant for an activity in a stream corridor shall submit to the municipality a map of the project site delineating the following (at a scale of one inch equals 200 feet), using the best available information:
(1) 
One-hundred-year delineated flood line.
(2) 
Wetland boundary lines.
(3) 
The stream corridor boundary.
(4) 
Any slopes equal to or greater than 15% within the site.
(5) 
The location of all improvements and land disturbance proposed to be located within any of the above boundaries.
(6) 
A stream corridor restoration plan that specifies best management practices and construction methods to be used to restore all land disturbed within the stream corridor.
[Added 6-13-2007 by Ord. No. 923-07[1]]
Applicability. All applications for major subdivisions, major site plans and variance applications shall comply with these provisions.
A. 
Purpose:
(1) 
To protect existing woodland and encourage reforestation of nonagricultural land.
(2) 
To prevent soil erosion and soil depletion and increase water retention and water quality.
(3) 
To improve the appearance of off-street parking and vehicular use areas near public rights-of-way or adjoining uses.
(4) 
To protect agricultural land use and historic areas from the impact of new development.
(5) 
To screen residential and commercial subdivisions and development from public view.
(6) 
To promote public health, welfare and safety by reducing noise and air pollution, visual pollution, air temperature and light glare.
B. 
Conceptual landscape design considerations. The site and surroundings should be thoroughly analyzed. The following items shall be reviewed to determine the design layout and/or plant material selection:
(1) 
The shape and/or form of the land itself and its relationship to the existing and proposed buildings. Plantings shall give scale to the buildings and other site elements.
(2) 
The geology and soil characteristics.
(3) 
The surface and subsurface water conditions.
(4) 
Existing vegetation patterns. (Except in urban and other highly disturbed sites, the native vegetation found on and around the site is usually a good indicator of which vegetation types will perform well.)
(5) 
Solar orientation and exposure, accounting for land forms, existing vegetation and neighboring structures.
(6) 
Local and regional climate (precipitation, temperature ranges, humidity, wind patterns, etc.).
(7) 
Air, noise and water pollution.
(8) 
Community, social, historical and cultural values.
(9) 
Plantings adjacent to fire suppression access and utilities shall be done so as not to obstruct or hinder their operations in the event of an emergency.
(10) 
Plantings shall also create human scale and space. Consider pedestrian safety and state of mind by providing appropriate lighting at pathways.
(11) 
The approving authority may require items of construction such as retaining walls, guardrails, safety fencing, traffic barricades or other devices necessary in the interest of public safety and convenience.
C. 
Landscape design plan submission requirements:
(1) 
Plan prepared and signed by a certified landscape architect.
(2) 
Name, address and telephone number of the owner and developer.
(3) 
Name, address, telephone number and qualifications of the professional who prepared the plan.
(4) 
A legal description or boundary line survey of the site on which the work is to be performed.
(5) 
A plan of the site at a scale of no less than one inch equals 40 feet that shows:
(a) 
Where necessary, a key map at a larger scale to show the entirety of the site. In the event that more than one sheet is needed to show the site, the subsequent sheets shall be identified on a key map as shown below:
(b) 
Existing and proposed topography at a maximum of two-foot contour intervals, except where the slopes equal or exceed 12% grade where five-foot contour lines shall be shown, extending at least 100 feet beyond the site boundary.
(c) 
Delineation of all forest areas.
(d) 
Delineation of the limit of disturbance.
(e) 
All six-inch DBH and larger trees within the limit of disturbance and 50 feet beyond the limit of disturbance.
(f) 
Indication of whether all six-inch diameter at breast height (DBH) and larger trees within the limit of disturbance and 50 feet beyond the limit of disturbance are proposed to be removed, preserved and/or transplanted. For each case, the size, species and health condition of each tree shall be noted.
(g) 
Identification of tree masses and understory groupings in areas outside of the 50 feet beyond the limit of disturbance.
(h) 
Identification of all existing features occurring on the site. Such features include, but are not limited to, rock outcroppings, boulders, stone rows, hedgerows, meadows and vistas.
(i) 
The location of all existing and proposed buildings and structures.
(j) 
The location of all existing and proposed easements.
(k) 
The location of all existing and proposed parking spaces and vehicular use areas.
(l) 
The location of all existing and proposed public rights-of-way.
(m) 
The location of all existing and proposed overhead and underground utilities.
(n) 
The location of all existing and proposed stormwater management components.
(o) 
The location of all existing and proposed standpipes.
(p) 
The location of all existing and proposed hydrants and fire suppression tanks.
(q) 
Plant location and labels indicating species type and quantity of species labeled for each plant or group of plants.
(r) 
Zoning districts of the proposed site and adjacent properties.
(s) 
North arrow respective to the direction of north on the site.
(6) 
A planting listing for all proposed landscape materials showing caliper sizes, height of material, method of installation, botanical and common names, type and amount of mulch, ground cover, grasses and root type (bare root or balled and burlapped), and quantity of materials.
(7) 
A landscape elevation drawing, drawn to scale, showing the height and density of proposed buffers, as required to accurately depict the proposed plan, including structures and existing plant material to remain. One elevation drawing representing the relationship with the building and the proposed buffer at installation and one at five years after installation for each buffer shall be required. See Diagrams 165-77.2 and 165-77.3 below.
(8) 
All areas of planting beds to receive mulch shall specify the depth and type of mulch.
(9) 
Planting details, typical for evergreen trees, deciduous trees and shrubs.
(10) 
The proposed planting dates.
(11) 
A statement of intent to install and maintain all such landscaped areas in accordance with the requirements of this chapter.
(12) 
An accompanying itemized cost estimate covering all new plantings and mulch contained on the planting plan and installation of said material together with a surety bond acceptable to the Township in an amount sufficient to insure completion within the time specified and in accordance with the landscape plan and to guarantee the healthy growth of the plant material for two years past the date of completion of the development.
(13) 
A soil composition analysis and ph test.
(14) 
Completion of Chart 165-77.1, below, indicating compliance with buffer requirements, per § 165-77 of the Clinton Township Land Use Regulations.
Yard
Yard
Length
(feet)
Multiply
by
Buffer
Depth
(feet)
Equals
Total
Buffer
Area
(feet)
Divide
By
Area of Module
(feet)
Equals
Total
Modules
Required
Front
x
50
=
/
1,250
=
Side
x
25
=
/
1,250
=
Side
x
25
=
/
1,250
=
Rear
x
25
=
/
1,250
=
Total Modules Required
Chart 165-77.1
Compliance with Buffer Requirements
D. 
Preservation of existing individual trees.
(1) 
All applications for development shall include a plan to preserve all existing trees that are in good health and an asset to the Township as determined by the approving authority and/or designated representative.
(2) 
Desirable, healthy plants that are an obstacle to the design of the development of the property shall be transplanted or replaced elsewhere on the property with healthy plants at the discretion of the Municipal Landscape Architect. All efforts shall be made in developing a site to preserve desirable trees. The Municipal Landscape Architect may recommend adjustments to the site development rather than risk the health of the existing trees due to site disturbance.
(3) 
All trees to be preserved within the limit of disturbance shall have tree protection in accordance with the Clinton Township Soil Erosion and Sediment Control Ordinance.
(4) 
Trees with a six-inch or greater diameter at breast height (DBH) shall be saved whenever possible and shall be protected from damage to roots, trunk and branches. The Township Landscape Architect, or other designated representative, shall designate those trees which are to be saved. Soil should not be added on top of the existing root zone(s). Tree wells are to be provided where necessary and trees to remain within the improvement project limits are to be trimmed as directed by the Township Landscape Architect, or other designated representative.
(5) 
Large trees (greater than six-inch DBH) shall be replaced by a tree of similar caliper or may be replaced with multiple smaller-caliper trees at a 2:1 ratio (two caliper inches of new trees shall be provided for every one inch DBH removed). No tree planted as a replacement shall be less than two inches caliper. For example, a tree measuring 16 inches in diameter at breast height (DBH) may be replaced with 16 two-inch caliper trees.
(6) 
Trenching for utilities shall be done in such a manner as to avoid disturbance within 20 feet of the trunk of the tree. Air spading and other approved methods may be acceptable alternatives to realigning proposed utilities.
(7) 
Replacement trees shall be in addition to the count required to meet the buffering as set forth elsewhere in this section.
(8) 
The following shall be exempted from the prohibitions of this subsection:
(a) 
Trees located on a tract of land having a total area of less than one acre with a building located thereon;
(b) 
Any trees cut or removed in accordance with an approved management plan of a proper state or federal authority;
(c) 
Any trees located on publicly owned lands;
(d) 
Any trees required to be cut in connection with the installation of public utilities once all other options have been investigated;
(e) 
Trees endangering public health and safety; and
(f) 
Trees located in commercial orchards or nurseries.
E. 
Preservation and reforestation of existing forested areas.
(1) 
Every effort should be made to preserve existing forest areas, including the overstory and understory vegetation within the forested areas. After every effort has been made through creative site planning techniques and sensitive grading and drainage design, and the approving authority agrees that it is necessary for clearing of forests to occur to accommodate site development, reforestation with native tree species shall be required according to Chart 165-77.2.
Existing Forest Cover as a Percentage of the Site
Reforestation Requirement in Acres Removed/Acres Required to be Replaced
Forest areas between 1% and 10% of the net tract acreage
1:2
Forest areas between 11% and 20% of the net tract acreage
1:1
Forest areas between 21% and 30% of the net tract acreage
1:0.5
Forest areas between 31% and 100% of the net tract acreage
1:0.25
Chart 165-77.2
Reforestation Requirements.
(2) 
The method of reforestation shall be determined by individual site conditions and shall be approved by the approving authority. The planting may be comprised of a mix of tree sizes, with stocking rates determined as a percentage of each planting size proposed. Stocking rates for reforestation plantings shall be in accordance with Chart 165-77.3.
Reforestation Method
Number of Trees Required per Acre
Number of Live Trees Required at End of Maintenance Period
Container-grown seedling tubes
450
65% (290)
Container-grown 1-, 2- or 3-gallon containers
350
75% (260)
One-inch caliper
200
85% (170)
Two-inch caliper
100
100% (100)
Chart 165-77.3
Reforestation Methods and Requirements.
(3) 
Reforestation plantings shall include at least 30 shrubs per acre.
(4) 
Reforestation plans shall contain specifications for treatment of the ground plane with either two inches of wood chips or a native ground cover, a maintenance plan including the periodic removal of exotic/invasive plants, and deer protection measures.
(5) 
All reforestation plantings shall be maintained for a period of two years.
(6) 
All reforestation plantings shall be placed in a permanent conservation easement.
F. 
Official list of plants.
(1) 
The following list of plants is provided to guide species selection. Species selection should be based on an appropriate woodland successional model, and shall include species that are native to the region and noninvasive, as deemed by the Municipal Landscape Architect.
(a) 
Canopy trees:
[1] 
Red oak (Quercus rubra).
[2] 
White Oak (Quercus alba).
[3] 
Black oak (Quercus velutina).
[4] 
Chestnut oak (Quercus prinus).
[5] 
Pin oak (Quercus palustris).
[6] 
Red maple (Acer rubrum).
[7] 
Sugar maple (Acer saccharum).
[8] 
Green ash (Fraxinus pennsylvanica).
[9] 
White ash (Fraxinus americana).
[10] 
American beech (Fagus grandifolia).
[11] 
Tulip tree (Liriodendron tulipifera).
[12] 
Sweet birch (Betula lenta).
[13] 
River birch (Betula nigra).
[14] 
Paper birch (Betula papyrifera).
[15] 
Sweetgum (Liguidambar styraciflua)*.
[16] 
Sycamore (Platanus occidentalis)*.
[17] 
Black gum or sour gum (Nyssa sylvatica).
[18] 
Basswood (Tilia americana).
Note: *Locate tree trunk not closer than 40 feet to roadways, parking lots, pedestrian walkways, and bicycle paths.
(b) 
Ornamental/Understory trees:
[1] 
Common witchhazel (Hamamelis virginiana).
[2] 
Flowering dogwood (Comus florida).
[3] 
Shadtree (Amelanchier canadensis).
[4] 
Sassafras (Sassafras albidum).
[5] 
Sweetbay magnolia (Magnolia virginiana).
[6] 
Hop horn beam (Ostrya virginiana).
[7] 
Ironwood (Carpinus carolinian).
[8] 
Red cedar (Juniperus virginiana) EG.
[9] 
American Holly (Ilex opaca) EG.
[10] 
White pine (Pinus strobus) EG.
[11] 
Red pine (Pinus resinosa) EG.
Note: EG = evergreen.
(c) 
Shrubs:
[1] 
Summersweet (Cletha alnifolia).
[2] 
Gray dogwood (Cornus paniculala).
[3] 
Silky dogwood (Cornus amomum).
[4] 
Inkberry (Ilex glabra) EG.
[5] 
Spicebush (Lindera benzoin).
[6] 
Highbush blueberry (Vaccinum coryinbosum).
[7] 
Arrowwood viburnum (Viburnum dentatum).
[8] 
Maple-leaved viburnum (Viburnum acerifolium).
[9] 
Blackhaw viburnum (Viburnum prunifolium).
[10] 
Mountain laurel (Kalmia latifolia) EG.
[11] 
Rosebay rhododendron (Rhododendron maximum) EG.
Note: EG = evergreen.
G. 
Parking lot landscape design.
(1) 
In every effort to minimize the visual impacts of large parking lot areas, the applicant shall install a parking lot buffer. Such buffer shall screen parking from the public right-of-way and adjacent uses both on- and off-site.
(a) 
The buffer shall consist of canopy trees, ornamental/understory trees, evergreen trees, shrubs and perennials within a ten-foot minimum width consistent with the parking perimeter.
(b) 
Where parking is located in a front yard, the approving authority may require construction of landscaped berms up to a height of five feet, with slopes at a ratio of not less than 3:1.
(c) 
Where off-street parking and loading areas adjoin or face premises situated in a residential zone, the approving authority may require the construction of a fence or stone wall not less than three feet nor more than six feet in height, maintained in good condition. Additionally, the approving authority may require construction of planted berms up to a height of five feet, with slopes at a ratio of not less than 3:1.
(d) 
Said buffer shall screen 60% of the automobile/parking lot from the road and pedestrian view during the time frame of November to April within two years of installation.
(e) 
Woody shrubs shall be set back from the curb three feet for vehicular overhang and snow removal.
(f) 
Plantings shall not obstruct visibility necessary for automobile and pedestrian circulation and safety within the facility.
(g) 
All plant material shall be subject to review by the approving authority and Municipal Landscape Architect.
(2) 
Large expanses of pavement and long, unbroken rows of parking spaces shall be avoided. No row of parking spaces shall contain more than 15 spaces unless broken by landscaped islands.
(a) 
Landscape islands shall be a minimum width of 10 feet and a minimum depth of 18 feet.
(b) 
At a minimum, landscape islands shall contain one canopy tree.
(c) 
Adjoining rows of parking shall be separated by landscape islands having a width of at least 10 feet.
(3) 
Ten percent of all surface parking areas and the top story of raised parking decks where no roof is provided shall be landscaped. The parking area shall be determined by the outer limit of pavement on the site and the inner limit of pavement around or adjacent to the building.
(a) 
Canopy trees are required to reduce heat island effect. At a minimum, one canopy tree for every three parking spaces for on-grade parking shall be planted at the perimeter or within said parking area.
(4) 
Trash collection areas. Trash collection areas shall be enclosed by a masonry wall with a minimum height of six feet.
(a) 
Masonry walls shall consist of the same or complementary building materials as those used for the principal use on the site.
(b) 
Access to the trash collection areas shall be provided by an opaque gate with a minimum height of six feet.
[1] 
Gate materials shall be visually consistent with the appearance of the masonry walls enclosing the trash collection area and the principal use on the site.
(5) 
Loading zones. All loading zones shall contain a buffer consisting of 60% evergreen plant material.
(a) 
Said buffer shall screen 60% of all loading areas from the road and pedestrian view during the time frame of November to April within two years of installation.
H. 
Street and highway landscape design.
(1) 
Street trees shall be required on all public and private roads in Clinton Township.
(2) 
Species and tree placement shall be specific to the site design concept and site conditions and subject to approval by the approving authority.
(3) 
The use of multiple species is required. Tree species shall alternate along the road to create a sequence through the space.
(4) 
A specific standard design module for street and highway plantings will not be put forth here since each site (and its surroundings) has a unique character. A downtown street tree planting may only require a single species of canopy tree equally spaced in a geometric pattern. With the landscape forms most often found in Clinton Township, the use of a single species of trees in geometric patterns becomes less appropriate. The linear, less formal hedgerow seen commonly bounding cropland, fields, and pastures is often a more suitable model for plantings along lot lines and streets and highways traversing such landscapes.
(5) 
All street trees in a formal street tree planting shall be located within the street right-of-way and in such a manner as not to interfere with sidewalks and/or utilities, with the exception of those areas where the landscape design standards for nonresidential development in § 165-75 dictate otherwise.
(6) 
Within formal street tree plantings, tree spacing shall correlate with road hierarchy and, in general, spacing shall range from a minimum of 30 feet on center to a maximum to 50 feet on center. At slower design speeds and at areas of special interest like town centers, the spacing shall be closer together (i.e., 30 feet on center). See Chart 165-77.4 for additional information.
Road Design Speed
(mph)
Tree Spacing
+50
50 feet on center
35 to 49
40 feet on center
0 to 34
30 feet on center
Chart 165-77.4
Formal Street Tree Plant Spacing
(7) 
Specific guidelines are required within each district. See "Preserving Community Character, Community Design Guidelines for Clinton Township."
(8) 
In order to preserve the rural character of a specific site, the board may request an informal street tree planting. Species shall be grouped / massed along roads in such a manner to fit appropriately within the site and shall be placed within a street tree easement. See Diagram 165-77.5.
Diagram 165-77.5
Informal Street Planting.
I. 
Screening of utility and wellhead markers.
(1) 
Wellheads not located within the building envelope shall be screened from street view.
(2) 
Plantings shall screen utility structures, such as transformers, cable, or phone connection points, from the street view.
J. 
Water quality facilities.
(1) 
The utilization of plant material within a stormwater quality treatment facility is required. Not only does the appropriate plant material aid in the removal of total suspended solids and other non-point source (NPS) pollutants, but also provides visual interruption from the cleared, graded area for the facility. Stormwater retention facilities are excluded from this section, except where specified.
(2) 
Plantings shall be included within such facilities. The species selected for such areas shall be tolerant of water inundation and drought conditions and is subject to review by the approving authority, Municipal Landscape Architect and Municipal Engineer.
(3) 
Detention basins and other similar stormwater management and design facilities shall be screened from the public right-of-way. The landscape plan shall include native grasses, ground cover, trees and shrubs to achieve a buffer that screens 60% of the view from November to April at a height of three feet, two years from installation.
(4) 
Creative grading solutions for such facilities shall be considered, to create landforms that blend the facility in with the existing site.
(5) 
For every 2,000 square feet of water quality facility area the applicant shall provide three canopy trees, five evergreen/ornamental/understory trees and 20 shrubs consistent with the size requirements set forth in the reforestation requirements.
(6) 
Planting of woody shrubs and trees shall not be located on top of any dam structures.
(7) 
Maintenance protocol of such structures shall be in accordance with best management practices.
(8) 
If retaining walls are necessary, such walls shall have plantings on top and/or below to provide a visual screen of the wall.
(a) 
Screening shall include native grasses, ground cover, trees and shrubs to achieve a buffer that screens 60% of the view from November to April at a height of three feet, two years from installation.
(9) 
Stormwater retention facilities.
(a) 
The stormwater retention facilities should be designed in such a way to benefit from the aesthetic as well as the physical attributes. Such facility shall be utilized as decorative water features within the landscape.
(b) 
The water's edge shall be planted with native vegetation at a minimum height of 30 inches to deter geese and promote biodiversity within such an ecosystem.
K. 
Buffering of neighboring lands.
(1) 
Buffer required. All subdivision and site plan applications subject to this section (§ 165-77) shall require a planted perimeter buffer as part of the development and landscape design plan. The perimeter buffer shall be provided along existing streets and along property lines adjacent to the subject property. The buffer shall consist of, for example, fencing, evergreens, canopy trees and shrubs to serve the purpose of maintaining the appearance of a rural and agricultural community.
(2) 
The goal of the following buffer standards is to maintain and/or re-establish the traditional rural boundaries of tree lines, hedgerows, walls and fences.
(3) 
Buffers shall screen 60% of the view from November to April at a height of six feet within two years from installation.
(4) 
On forested parcels, a minimum undisturbed buffer with a depth of 30 feet shall be maintained. Supplemental plantings may be required to fill in visual gaps in the buffer.
(5) 
On agricultural or other cleared parcels, a minimum buffer with a depth of 30 feet shall be established, consisting of tree lines, hedgerows, fences and walls. For each 50 feet of buffer length, the plan shall include the following: shrubs, walls or fences to provide a visual screen at least four feet high; eight ornamental/understory trees, including deciduous and evergreen species; and two canopy trees.
(6) 
Properties adjoining agricultural lands shall have one permanent sign affixed not less than at each property corner, and one additional sign for every 100 feet of common property line, the area of the sign not to exceed two square feet, which shall be lettered as follows:
NO TRESPASSING!
ENTRY ONTO FARMLAND OR THE DUMPING OR DISPOSAL OF HOUSEHOLD, LAWN OR GARDEN DEBRIS IS SUBJECT TO FINE OR IMPRISONMENT.
(7) 
Nonresidential site plans shall comply with the following standards, in addition to those above:
(a) 
Front yard buffers:
[1] 
C-1, C-ROM, OB-1, and ROM-3 Districts: 50 feet.
[Amended 10-28-2020 by Ord. No. 1142-2020]
[2] 
ROM-1, ROM-2, and PDO Districts: 100 feet.
(b) 
Buffer where a nonresidential use abuts another nonresidential use: 25 feet.
(c) 
Buffer where nonresidential uses abut a residential use along a side or a rear lot line:
[1] 
C-1, C-ROM, OB-1, and ROM-3 Districts: 50 feet.
[Amended 10-28-2020 by Ord. No. 1142-2020]
[2] 
ROM-1, ROM-2, and PDO Districts: 100 feet.
(8) 
Planned development shall comply with the following additional landscape design standards:
(a) 
A buffer zone of at least 50 feet shall be maintained along the perimeter of any planned development tract. Where development other than one-family detached dwellings in a planned development adjoins a residential zone, said buffer zone shall be at least 100 feet. Said buffer zone shall be kept in its natural state when wooded, and, when natural vegetation is sparse or nonexistent, a planted visual screen, which may include mounding of earth and other landscaping measures, may be required unless topographic features render such landscaping measures unnecessary.
(b) 
Within said buffer zone, no principal or accessory structure, nor any off-street parking or loading areas or other uses, shall be permitted. Within said buffer zone, utility easements may be permitted. Drainage installations, such as detention and retention basins, may also be permitted, provided that they are located at least 50 feet from the planned development tract boundary. Streets shall be allowed only to cross buffer zones and only when necessary to provide connections to existing public streets or when needed to ensure continuity with development of adjoining property.
(c) 
Said buffer zone may be included for the purpose of computing the planned development open space requirements.
(d) 
The buffer zone requirements may be reduced or eliminated by the approving authority where planned developments abut or where the planned development is consistent and compatible with adjoining uses.
(9) 
Plantings may consist of those listed on the Township's Official List of Plants, pursuant to § 165-77F.
L. 
Buffer landscape design.
(1) 
Buffers separate and create enclosure of particular uses and zones within the community. Landscaped buffers are crucial to maintaining the diversity within the Township.
(2) 
All plans and installation of plant material are subject to review and inspection by the Municipal Landscape Architect.
(3) 
Where plant materials are placed in two or more rows, plantings shall be staggered from row to row.
(4) 
The percentage of evergreen usage should be decided after completion of site analysis and the statement of design goals.
(5) 
The standard design buffer module measures 50 feet long by 25 feet wide, which consists of 1,250 square feet. This module shall be repeated as many times as necessary to fulfill the depth requirements for each zone and be in addition to any other planting requirements. See § 165-77 for the buffer size requirements. See Diagram 165-77.5 for calculation methodology.
(6) 
Each buffer module requires three canopy trees, five under story/evergreen trees and 20 shrubs. Species selection should be based on an appropriate woodland successional model, and may consist of those listed on the Township's Official List of Plants, pursuant to § 165-77F.
(7) 
Rather than specify a modular design to be used on each design proposal, the following plant material density for a hypothetical fifty-foot-long by twenty-five-foot-wide module which could be repeated as many times as necessary both in length and width (e.g., a site with a highway frontage of 500 feet and a one-hundred-foot-wide buffer requirement would need 40 modules). The plant material requirements of these modules may be arranged to suit the specific landscape design objectives of the proposed plan.
Yard
Yard
Length
(feet)
Multiply
by
Buffer
Depth
(feet)
Equals
Total
Buffer
Area
(feet)
Divide
By
Area of
Module
(feet)
Equals
Total
Modules
Required
Front
150
x
50
=
7,500
/
1,250
=
6
Side
175
x
25
=
4,375
/
1,250
=
3.5
Side
250
x
25
=
6,250
/
1,250
=
5
Rear
150
x
25
=
3,750
/
1,250
=
3
Total Modules Required
17.5
Chart 165-77.5
Buffer Module
(8) 
In this example, the applicant will need to provide 59 canopy trees, 98 understory/evergreen trees and 390 shrubs to meet the requirements set forth in the buffer section of this section.
(9) 
Landscape buffers that are interrupted by specific site constraints relating to engineering components, such as septic, fire suppression and sight triangle, shall relocate the materials slated for those areas to another area on site.
(10) 
Within Clinton Township, the linear, less formal hedgerow seen commonly bounding cropland, fields and pastures is often a more suitable model for plantings along lot lines and streets and highways transversing such landscapes. In every effort to minimize disturbance and preserve the existing flora within these natural occurring buffers, the applicant may utilize existing material, slated to be preserved, to meet the buffer requirements as deemed appropriate by the board, approving authority and the Municipal Landscape Architect. In the event existing vegetation cannot be preserved, the applicant shall provide the appropriate tree replacement in addition to the buffer requirements.
(11) 
Though material adjacent to the applicant's particular site may help with buffering, only material on the applicant's site shall be utilized in evaluating the buffer module requirements.
M. 
Planting and maintenance.
(1) 
All plant material shall be insect and disease-free and in good condition at time of planting.
(2) 
The selection, spacing and sizing of plant materials shall depend on the use to which the plantings are placed in keeping with the specifications adopted by the approving authority.
(3) 
All plantings shall be planted according to sound horticultural practices as established by the Rutgers' Cooperative Extension Service, and shall be in a healthy, growing condition at installation.
(4) 
The specific planting dates and transplanting dates, determined by the appropriate time of year and weather conditions, and subject to approval by the Municipal Landscape Architect.
(5) 
A mixture of plant materials (evergreen and deciduous trees and shrubs) is required as a protective measure against disease and insect infestation. The landscape plan may allow plant materials to be used together in informal groupings in lieu of meeting the on-center spacing requirements set forth on the approved plan. However, the plant groupings must utilize the same number of plantings as required by these provisions.
(6) 
An irrigation system may be used to establish plant material and sustain adequate moisture needs. All automatic irrigation systems shall be timer-controlled and provided with an automatic rainfall shutoff detection device. Proposed irrigation systems shall include maintenance specifications on the approved landscape plan.
(7) 
Plant materials, except creeping vine-type-plantings, shall not be located within four feet of property lines nor within any right-of-way.
(8) 
Planting details and specification shall follow the most recent version of the Clinton Township Planting Details. All material shall conform to the latest version of the American Standard for Nursery Stock.
(9) 
Soil conditions should be renovated if necessary to improve growing conditions.
(10) 
No planting shall be installed unless it has been subject to proper root and top pruning (top pruning for shrubs only); proper timing (nursery stock must be dormant when planted); proper soil mix (based on the site and species); proper support; and proper maintenance.
(11) 
Plants native to the physiographic province in which the site lies should comprise a minimum of 70% of the total number of plants proposed for installation.
(12) 
All proposed tree material shall be balled and burlapped except for the reforestation option to use bare-root material. Container material is acceptable for shrub material only, provided that the material is not root bound.
(a) 
All bare-root tree plantings shall be at the discretion of the Municipal Landscape Architect and as required by the American Standard for Nursery Stock.
(b) 
No bare-root planting shall be installed unless it has been subject to proper root and top pruning (top pruning for shrubs only); proper timing (nursery stock must be dormant when planted); proper soil mix (based on the site and species); proper support; and proper maintenance.
(13) 
A deer deterrent/protection wrap shall be installed on the trunks of trees. Tree protection such as Tree Bark Protectors BG48 by A.M. Leonard Horticultural Supply or its approved equal shall be utilized on shade, ornamental and understory trees.
(14) 
Where turf is utilized, the type and mix of seed and the preparation method used shall be identified. Within the areas of lawn, mulching type, fertilizing, liming and watering specifications shall be specified. The use of natural and/or organic fertilizers is encouraged. The proposed sod shall be germinated in similar soil composition and characteristics as the soil existing on-site.
(15) 
All areas of planting beds to receive mulch shall specify the depth and type of mulch.
(a) 
Depth of mulch within planted areas shall be two inches.
(b) 
Mulch shall never come in contact with the root flare or trunk of the tree and shrub.
(c) 
Shredded hardwood mulch shall not contain any color or dying agent.
(d) 
See the Clinton Township Planting Details for further specification. All material shall conform to the latest version of the American Standard for Nursery Stock.
(16) 
Planting sizes.
Canopy Trees
Ornamental and Evergreen Trees
Understory Trees
Shrubs
Branching Height
General Material
3" to 3 1/2" caliper
7' to 8' height
5' height
18" to 24" height
N.A.
Buffer Material
1 1/2" to 1 3/4" caliper
7' to 8' height
5' height
36" minimum height
N.A.
Street Tree Material
3" to 3 1/2" caliper
N.A.
N.A.
N.A.
7' height
Reforestation (balled and burlapped)
2" to 2 1/2" caliper
N.A.
5' height
30/acre
N.A.
Reforestion (bare root)
1 1/2" to 2" caliper
N.A.
5' height
30/acre
N.A.
Chart 165-77.6
Plant Material Size Quick Reference Chart
(17) 
Landscape maintenance.
(a) 
All plantings shall be maintained in an attractive and presentable condition free of weeds, refuse and debris, and shall be continuously maintained in a sound health and vigorous growing condition, free of plant disease and insects, per the final landscape plan.
(b) 
The landscape is to be permanently maintained. All dead, diseased, missing plant material is to be replaced to the approval of the Township Landscape Architect. Such replacements shall be resolved within four weeks from time of notification, weather permitting.
(c) 
Landscape maintenance specifications shall be submitted as part of the submission set for all common areas. Such specifications shall be detailed to ultimately determine if the proposed landscape is going to be cared for after all guarantees are met by the developer.
(d) 
The approved landscape plan shall designate the person or entity that shall be responsible for maintaining the landscape in a healthy growing condition. Such maintenance shall include watering, cultivation and weed control.
[1]
Editor's Note: Editor's Note: This ordinance also repealed former § 165-77, Fences, added 12-18-2002 by Ord. No. 797-02, as amended.