The subdivider shall observe the following requirements
and principles of land subdivision in the design of each subdivision
or portion thereof. All design standards shall comply with state requirements
for improvements for the handicapped.
A.
Development pattern. The subdivision plat shall conform
to design standards that will encourage the most appropriate development
pattern within the Township.
B.
Reservation of public areas.
(1)
If the Master Plan or the Official Map provides for
the reservation of designated streets, public drainageways, flood
control basins or public areas within the proposed development, before
approving a subdivision the Planning Board may further require that
such streets, ways, basins or areas be shown on the plat in locations
and sizes suitable to their intended uses. The Planning Board may
reserve the location and extent of such streets, ways, basins or areas
shown on the plat for a period of one year after the approval of the
final plat or within such further time as may be agreed to by the
developer. Unless during such period or extension thereof the Township
shall have entered into a contract to purchase or institute condemnation
proceedings according to law for the fee or a lesser interest in the
land comprising such streets, ways, basins or areas, the developer
shall not be bound by such reservations shown on the plat and may
proceed to use such land for private use in accordance with applicable
development regulations.
(2)
The provisions of this section shall not apply to
the streets and roads, flood control basins or public drainageways
necessitated by the subdivision or land development and required for
final approval.
(3)
The developer shall be entitled to just compensation
for actual loss found to be caused by such temporary reservation and
deprivation of use. In such instance, unless a lesser amount has previously
been mutually agreed upon, just compensation shall be deemed to be
the fair market value of an option to purchase the land reserved for
the period of reservation, provided that determination of such fair
market value shall include, but not be limited to, consideration of
the real property taxes apportioned to the land reserved and prorated
for the period of reservation. The developer shall be compensated
for the reasonable increased cost of legal, engineering or other professional
services incurred in connection with obtaining subdivision approval
or site plan approval, as the case may be, caused by the reservation.
A.
General. 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 and, where necessary in order to promote
the orderly flow of traffic and for the safety, welfare and convenience
of the public, shall be such as to provide for the appropriate extensions
to adjoining properties.
B.
Right-of-way and pavement widths. The right-of-way
and pavement widths shall be measured from abutting lot line to abutting
lot line and shall not be less than the following:
(1)
Primary or arterial roads. Right-of-way width, 80
feet; pavement width, 50 feet.
(2)
Collector streets. Right-of-way width, 60 feet; pavement
width, 40 feet.
(3)
Minor streets. Right-of-way width, 50 feet; pavement
width, 30 feet.
(4)
Culs-de-sac or dead-end turnarounds. Culs-de-sac or
dead-end turnarounds shall have a minimum radius of 40 feet on the
curb.
(5)
Internal roads. The right-of-way and pavement widths
for internal roads in multifamily, commercial and industrial developments
and zones shall be determined by the Planning Board on an individual
basis and shall in all cases be of sufficient width and design to
safely accommodate the maximum traffic, parking, loading and access
for emergency equipment, but in no case shall the pavement be less
than the 26 feet in width for two-way traffic.
(6)
Rural historic scenic corridors. Notwithstanding the requirements outlined in Subsections 175-42B(1), (2) and (3), the right-of-way and pavement widths for rural historic scenic corridors, as designated in § 175-52.2, shall be subject to modification by the Planning Board on a case-by-case basis in order to accomplish the objectives of the Master Plan and § 175-52.2. However, the Board shall give due consideration to issues of public safety and may require local improvements on rural historic scenic corridors upon the advice of the Police Department, emergency services or Township Engineer.
[Added 8-19-2002 by Ord. No. 31-02]
[Amended 7-16-1979 by Ord. No. 58-79]
A.
Subdivisions that include existing streets which do
not conform to pavement and/or right-of-way widths as shown on the
Master Plan or Official Map shall dedicate and improve to Township
specifications the additional width from the center line of said road
abutting the property being subdivided. If the subdivision adjoins
one side of an existing road which does not meet standards, only 1/2
of the required extra width shall be dedicated and improved to Township
specifications.
B.
When the Planning Board, upon proof by the developer,
recommends to the governing body that in the interests of traffic
safety, health, convenience and good planning, postponement of the
installation or construction of improvements to a roadway is desirable,
the governing body may authorize such postponement, provided that
the developer shall deposit with the Township the cost of the improvement
in lieu of actually constructing or installing the same, or waive
in whole or in part the requirements for improvement.
C.
On minor subdivisions, the Planning Board or Board
or Adjustment, upon proof by the developer and without referral to
or approval by the governing body, may grant approval conditioned
only on such street dedication and improvements which bear a reasonable
relationship to the needs created by and benefits conferred upon the
subdivision.
D.
Successive subdivisions. Subject to Subsection C above, when a lot is successively subdivided so that three or more additional building lots have been derived from it within a period of 36 months, the owner(s) of the last lot or lots derived shall be required to install improvements in front of all three or more lots per § 175-43A or B. The time period shall be measured from the date of approval by written resolution of the earlier subdivision to the date of approval by written resolution of the later subdivision creating the third additional building lot, whether or not any of these were memorializing resolutions. Notice of this requirement shall be provided in minor subdivision deeds.
[Added 10-21-1991 by Ord. No. 32-91]
A.
Grades.
[Amended 6-15-1981 by Ord. No. 24-81]
(1)
Grades of arterial and collector streets and grades
of other streets which serve as either the principal access street(s)
to a residential development of more than 50 homes, or commercial
or industrial development, or the principal street(s) for circulation
within such development, shall not exceed 6%. Grades of other streets
shall not exceed 10%. No street shall have a minimum grade of less
than 1%.
[Amended 11-17-1986 by Ord. No. 41-86; 12-15-1986 by Ord. No. 45-86]
(2)
For all side street intersections, the grade of the
side street shall not exceed 2%, either negative or positive, for
a distance of 100 feet, measured from the center line of the intersected
street.
[Amended 9-15-1986 by Ord. No. 31-86]
B.
Intersections.
(1)
Street intersections at arterial or collector streets
shall be laid out at right angles. Street intersections for other
streets shall be laid out as nearly at right angles as possible and
in no case shall be less than 70º. The block corners at intersections
with arterial, collector or collector loop streets shall be rounded
at the right-of-way line with a forty-foot radius curve and at the
curbline with a fifty-foot radius curve. The block corners at intersections
for other streets shall be rounded at the right-of-way line with a
twenty-five-foot curb radius and at the curbline with a thirty-five-foot
radius curve.
[Amended 11-17-1980 by Ord. No. 52-80]
(2)
All intersections shall have sight easements and
sight distances to provide for the following minimum sight distances,
measured in each direction, when observed from a point 10 feet before
the intersecting pavement and three feet above the pavement. Sight
easements shall be marked with monuments at the locations where the
sight easement intersects the right-of-way.
[Amended 6-15-1981 by Ord. No. 24-81; 8-18-1986 by Ord. No. 28-86; 9-19-1988 by Ord. No. 27-88]
Allowable Speed
(miles per hour)
|
Required Sight Distance
(feet)
| |
---|---|---|
25
|
300
| |
30
|
350
| |
35
|
425
| |
40
|
475
| |
45
|
525
| |
50
|
600
|
C.
Where the proposed street does not connect opposite
an existing street, the offset between the existing and proposed intersections'
center lines shall be no less than the following:
[Amended 5-16-1988 by Ord. No. 15-88]
D.
Reverse curves. A tangent at least 100 feet long shall
be between all reverse curves on any street.
[Amended 9-21-1987 by Ord. No. 22-87]
E.
Horizontal curves. The minimum horizontal curve radius
shall be 600 feet on arterial and collector streets and 300 feet on
all other streets.
[Amended 9-21-1987 by Ord. No. 22-87]
F.
Grade Changes. All changes in grade shall be connected
by vertical curves of sufficient radius to provide a smooth transition
and proper sight distance designed to the following standard as a
minimum:
[Amended 6-15-1981 by Ord. No. 24-81]
Type of Street or Road
|
Design Speed
(miles per hour)
| |
---|---|---|
Arterial
|
50
| |
Collector
|
50
| |
Minor
|
35
| |
Permanent dead-end streets
|
25, if approved by the Township Engineer
|
G.
Dead-end streets.
(1)
Dead-end streets shall not be longer than the following
unless authorized to be longer by the Planning Board:
[Amended 6-17-2002 by Ord. No. 22-02]
Zone
|
Feet
| |
R-1
|
900
| |
R-1/R-2
|
1,200
| |
R-5
|
1,700
|
(2)
They shall have a turnaround installed with a minimum
curb radius of 40 feet and shall be tangent wherever possible to the
right side of the street. The dead-end street should extend to the
adjoining property line where possible to permit its extension to
serve adjacent properties, with adequate provision made for the future
extension of the street to meet Township standards. Wherever a turnaround
is proposed on any street, the front yard setback line shall be measured
so as to maintain the front yard setback from the turnaround right-of-way.
[Amended 6-15-1981 by Ord. No. 24-81]
(3)
The length of the dead-end street is defined as follows:
[Added 12-15-1986 by Ord. No. 45-86]
H.
Names. Streets and subdivisions shall not have a name
which will duplicate or so nearly duplicate as to be confused with
the names of existing subdivisions and streets. The continuation of
an existing street shall have the same name. All subdivision and street
names shall be approved by the Planning Board. Subdivision names shall
remain exactly the same as the approved name for purposes of advertising
or for the sale of homes or lots within the subdivision. The approved
subdivision name shall be reflected on any real estate or advertising
sign that is erected.
A.
General. Block length and width or acreage within
bounding roads shall be such as to accommodate the size of the lot
required in the area by Chapter 215, Zoning, and to provide adequately
for sewage disposal, convenient access, circulation, control and safety
of street traffic.
B.
Pedestrian crosswalks. In blocks over 1,000 feet long,
public rights-of-way through the blocks may be required in locations
deemed necessary by the Planning Board. Such rights-of-way shall be
at least 10 feet wide and may be improved by paving if so deemed by
the Planning Board. Block sizes for group housing, business or industrial
use shall be sufficient to meet all area and yard requirements for
such use.
C.
Easements. Rights-of-way and easements within blocks
in commercial, business or industrial areas shall be not less than
30 feet in width.
A.
General. Lot dimensions, front, side and rear yards and total area in square feet shall not be less than the requirements of Chapter 217, Zoning.
B.
Side lines. Insofar as is practical, side lot lines
shall be at right angles to streets and radial to curved streets.
C.
Frontage. Each lot must front upon a street, and the frontage shall not be less than required by Chapter 217, Zoning, as measured along the building setback line. The minimum frontage as measured along the street right-of-way shall be at least 75 feet.
D.
Setbacks. Where land has been dedicated for a widening
of existing streets, lots shall begin at such new street lines as
may have been established, and all setbacks shall be measured from
such line.
E.
Substandard suitability. Where there is a question
of the suitability of a lot or lots for their intended use due to
factors such as rock formations, soil conditions, steep slopes, streams,
watercourses, flood conditions, high-water table and/or other environmentally
sensitive factors, the Planning Board may require the applicant to
submit information satisfactory to the Planning Board on any or all
of the above factors. Upon receipt and review of the above information,
the Planning Board shall have the right to grant approval conditional
on one or all of the following:
[Amended 2-18-1980 by Ord. No. 2-80]
(1)
Compliance with specific actions to render the lot(s)
suitable for the intended use.
(2)
Compliance with specific drainage and/or conservation
easements restricting portions of the lot(s) from the intended use.
(3)
Compliance with building construction and/or design
techniques which would render the proposed structure compatible with
the specific unsuitability factor, including but not limited to slab
construction or foundation piling.
(5)
For Cokesbury, Califon Turbotville, alluvial and muck
soils, compliance with the Shimel Report, a copy of which is on file
at the Planning Board office.
[Added 5-10-1989 by Ord. No. 14-89]
G.
Lots on arterial or collector streets. Lots fronting
on arterial or collector roads shall, at the discretion of the Planning
Board, be serviced by a marginal access road or reverse frontage or
be required to provide driveways with turnarounds.
H.
Minimum improvable lot area.
[Added 12-18-1995 by Ord. No. 40-95]
(1)
Purpose. It is the purpose of this section to establish
criteria by which residential building lots can be established that
will provide a suitable and adequate area in which to construct a
dwelling and, if required, a septic system. This section is intended
to ensure the development of lots that will allow the construction
of dwellings while minimizing the disturbance of environmentally sensitive
features.
(2)
All lots within the R-1 Zone and the R-1/R-2 Zone
that are created in a subdivision shall have a minimum improvable
lot area, within the setbacks, of 7,500 square feet, in which the
dwelling shall be constructed. All lots within the R-5 Zone that are
created in a subdivision shall have a minimum improvable lot area,
within the setbacks, of 25,000 square feet, in which the dwelling
shall be constructed.
[Amended 6-17-2002 by Ord. No. 22-02; 12-21-2009 by Ord. No. 30-09; 2-15-2010 by Ord. No. 02-10]
A.
Utility easements. In any major subdivision or where
unusual circumstances warrant, as determined by the Planning Board,
easements may be required for utility installations. Such easements
shall be at least 30 feet wide and located after consultation with
the utility companies and Township agencies concerned.
[Amended 6-15-1981 by Ord. No. 23-81]
B.
Drainage and conservation easement.
[Amended 2-17-1997 by Ord. No. 3-97]
(1)
Stream corridor and open water buffers.
[Amended 5-21-2001 by Ord. No. 13-01; 7-21-2003 by Ord. No.
23-03; 12-19-2005 by Ord. No. 43-05]
(a)
Purpose. The purposes of this subsection are
the following:
[1]
Maintain the quality of streams and open waters
and improve the quality of currently impaired streams and open waters
in the township.
[2]
Protect significant ecological components of
stream corridors and open waters such as riparian areas, floodplains,
wetlands, woodlands, steep slopes and plant and associated wildlife
communities within the stream corridors and open waters of the township;
and minimize flood-related damage to properties in the township.
[3]
Complement the existing state, regional, county
and municipal stream corridor and open water protection and management
regulations and initiatives.
(b)
Applicability. The development of all land containing a stream corridor and/or state open waters shall be subject to the regulations set forth in this § 175-47B(1). These provisions are intended to regulate the type of activities, siting of structures and engineering of all proposed development on parcels located within a stream corridor and open water buffer as defined in Chapter 111, Land Use Procedures. These provisions apply to land disturbances resulting from or related to any activity or use requiring a zoning variance, subdivision and/or site plan approval.
(c)
Exceptions.
[1]
The full stream corridor and open water buffer area requirement may be waived by the Zoning Board of Adjustment in connection with variance applications for improvements to existing developed lots which do not exceed 2,500 square feet of additional impervious coverage for those portions of such lots that include or border a C1 or other stream or state open water having a demonstrated drainage area of less than 50 acres or where there is existing clearing adjacent to the C1 or other stream or state open water, provided that not more than 50 linear feet of mowed lawn is permitted along the water's edge. The remainder of any existing developed lot that includes or borders a C1 or other stream or state open waters must have a minimum of 25 feet of naturalized area (nonmowed) as measured from the top of the bank of the C1 or other stream or state open waters. Specifications for naturalizing such reduced buffer areas as native meadow or restored forest are available from the Township Planning Department. A conservation easement for this area shall be dedicated to the Township, in form satisfactory to the Township Attorney, pursuant to § 217-36.
[2]
Maintenance of the berm of a dam is exempted from the requirements of Subsection B(1)(c)[1] above.
[3]
If a fifty-foot long (parallel to the C1 or other stream or state open water) section of lawn is maintained adjacent to a C1 or other stream or state open water, residents are encouraged to substitute fine fescues (i.e., red fescue, chewings fescue, hard fescue) within the twenty-five-foot zone, as measured from the edge of the bank of the water, in which fertilizers and pesticides are prohibited pursuant to Chapter 85, in place of turf grasses such as Kentucky bluegrass and perennial ryegrass. Fine fescues are low growing and can be left nonmowed or need to be mowed only two to three times per year.
(d)
Permitted activities. All land which is in a
stream corridor and open water buffer shall remain in a natural condition
or, if in a disturbed condition, including agricultural activities,
at the time of adoption of this subsection, may be restored to a natural
condition. There shall be no clearing or cutting of trees and brush
except for removal of dead vegetation and pruning for reasons of public
safety or for the replacement of invasive species with indigenous
species; no altering of watercourses; no dumping of trash, soil, dirt,
fill, vegetative or other debris; or regrading or construction, except
for the following activities.
[1]
Open space uses that are primarily passive in
character shall be permitted to extend into the stream corridor and
open water buffer, provided near stream vegetation is preserved, including:
[a]
Wildlife sanctuaries, nature preserves,
forest preserves, fishing areas, with bank stabilization measures
implemented, game farms, fish hatcheries and fishing reserves operated
for the protection and propagation of wildlife, but excluding enclosed
structures.
[b]
Passive areas of public and private
parklands, including unpaved hiking, bicycle and bridle trails outside
of the stream channel, provided that said trails have been stabilized
with pervious materials.
[2]
Stream bank stabilization or riparian reforestation, which conform to the guidelines of the restoration plan described in § 175-47B(1)(h), or wetlands mitigation projects that have been approved by the Department of Environmental Protection are permitted to extend into the stream corridor and open water buffer.
[3]
Stream corridor and open water buffer crossings by recreational trails, roads, railroads, sewer and/or water lines and public utility transmission lines are permitted, provided that any disturbance is offset by buffer improvements in compliance with the restoration plan, as required by § 175-47B(1)(h), and any applicable state permits are acquired.
[4]
Agricultural land uses, including but not limited
to cropland, pasture, fencing, nursery operations, silviculture and
greenhouses, in existence as of the effective date of this subsection,
are permitted. With the exception of fencing to exclude livestock
from the stream corridor or open water, or placement of livestock
watering troughs to keep livestock out of the stream channels or open
waters, no new agricultural structures shall be permitted in the stream
corridor buffer after the effective date of this subsection unless
specifically permitted under the provisions of any state law which
pre-empts the provisions of this ordinance. Necessary livestock crossings
are permitted, with design approval.
(e)
The following activities associated with development
applications after the effective date of this subsection are permitted
within the stream corridor and open water buffer only 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,
lake dredging and other work undertaken to improve hydraulics or to
protect public health permitted and approved by the New Jersey Department
of Environmental Protection (NJDEP).
[3]
NJDEP-approved culverts, bridges and roads,
provided that they cross the stream corridor as directly as practical.
[4]
NJDEP-approved sanitary or storm sewers and
outfalls.
[5]
Health Department-approved septic systems.
[6]
Utility transmission lines installed during
periods of low stream flow in accordance with soil erosion and sediment
control practices and approved by the Morris County Soil Conservation
District and permitted through the NJDEP.
(f)
(g)
Requirements for activities in stream corridor
and open water buffers.
[1]
All new major and minor subdivisions and site
plans shall be designed to provide sufficient areas outside of the
stream corridor and open water buffer to accommodate principal structures,
any customary accessory uses appurtenant thereto, as well as all planned
lawn areas.
[2]
The applicant for any activity permitted in
a stream corridor and open water buffer shall rehabilitate any degraded
areas within the stream corridor and open water buffer in a manner
acceptable to the Planning Board/Zoning Board unless the applicant
demonstrates that it is not economically feasible to do so. The applicant
shall also:
[a]
Rehabilitate and cure the effects
of disturbance caused during construction through the use of best
management practices (BMP's) recommended by the NJDEP.
[b]
Maintain the integrity of the surrounding
plant community.
[c]
Maintain the existing ability of
the stream corridor and open water buffer to protect the water quality
of the stream. The applicant shall provide whatever additional measures
are necessary to assure that the stream corridor and open water buffer
will be rehabilitated or preserved and to prevent additional encroachments
in the stream corridor and open water buffer likely to occur as a
result of the approval granted. Conservation easements dedicated to
the Township of Washington, in form satisfactory to the Township Attorney,
shall be provided assuring that there will be no further intrusion
on the stream corridor and open water buffer than that permitted by
the activity approved.
(h)
Submission requirements and restoration plans.
[1]
At the time of application to the Planning or
Zoning Board for development, the landowner, applicant or developer
shall submit a map of the project site delineating the following conditions
(at a scale of one inch equals 100 feet):
[a]
Topographic information at a two-foot
contour.
[b]
Any slopes equal to or greater
than 15% within the site.
[c]
Streams, wetlands and the one-hundred-year
floodplain;.
[d]
Wetland boundary line(s).
[e]
Stream corridor and open water
buffer boundary line(s).
[f]
The location of all existing and
proposed activities, including improvements and land disturbance to
be located within any of the above boundaries.
[g]
The applicant shall also provide, at a scale not smaller than one inch equals 30 feet, a stream corridor and open water buffer restoration plan that specifies best management practices and construction methods to be used to restore all land disturbed [see Subsection B(1)(g)] within the stream corridor and open water buffer. The restoration plan is subject to the approval of the Township Environmental Consultant. All plantings included in the plan shall consist of all native trees, shrubs, grasses and wild flowers. The Township can provide suggested specifications.
[2]
A map and restoration plan pursuant to this
subsection is not required where the stream corridor and open water
buffer is not being disturbed and conservation easements/deed restrictions
are dedicated to the Township to ensure that there will be no future
clearing or disturbance of the stream corridor and open water buffer.
(2)
Where it is desirable to preserve other areas within
a subdivision because of soil conditions, rock outcroppings, tree
masses, wildlife habitat, vistas or other significant horticultural,
environmental or natural features, there shall be provided a drainage
and/or conservation easement of sufficient area and width to protect
and preserve the aforementioned features. Such easements shall be
deeded to the Township prior to final subdivision approval and carry
the following limitations:
(a)
No trees or shrubs shall be removed or destroyed
on lands in the easement, except in accordance with approved forest
management practices, and only upon approval of the Township Committee
or its designee.
[Amended 5-21-2001 by Ord. No. 13-01]
(b)
No topsoil, sand, gravel or minerals shall be
excavated or removed, except as may be required to build a pond, and
then only if the Township approves the design and structure of the
pond, it being the intent to preserve the natural function of the
floodplain.
(c)
No buildings or structures of any description
shall be erected.
(d)
No fill of any kind shall be permitted, except
as may be required to build a road, and then only after the Township
approves the design of such road as part of the subdivision.
C.
Underground utilities.
(1)
In all subdivisions, all utility distribution lines
or mains and all services shall be installed underground. In all such
subdivisions, the applicant shall arrange with the serving utility
for the underground installation of the utilities distribution supply
lines in accordance with the provisions of the applicable standard
terms and conditions incorporated as a part of its tariff, as the
same are then on file with the State of New Jersey Board of Public
Utility Commissioners. However, lots which, in such subdivisions,
abut existing streets where overhead electric or telephone distribution
supply lines have heretofore been installed on any portion of the
street involved may be supplied with electric and telephone service
from those overhead lines, but the service connections from the utilities'
overhead lines shall be installed underground.
[Amended 6-15-1981 by Ord. No. 23-81]
(2)
In any particular situation where the applicant can
clearly demonstrate that because of unusual topographic conditions
or other unusual conditions having to do with the land, the installation
of such utilities underground is impracticable or otherwise not feasible
due to such conditions, then the Planning Board, in its discretion,
may waive the requirement for underground installation.
(3)
All underground utility work which will be under the
pavement of the street shall be laid sufficiently in advance to allow
for complete settlement of the trenches, and in no event shall construction
work be permitted over such excavation which, in the opinion of the
Township Engineer, has not properly settled.
D.
Streetlights. Streetlights shall be installed at street
intersections or otherwise dangerous areas upon the recommendation
of the Traffic Officer and final review of the Chief of Police.
[Amended 11-19-1979 by Ord. No. 72-79]
Measures used to control erosion and reduce
sedimentation shall, as a minimum, meet the standards, specifications
and recommendations of the Morris County Soil Conservation District
and the Township of Washington. The following measures shall be included,
where applicable, in the soil erosion and sedimentation control plan.
A.
Stripping of vegetation, regrading or other development
shall be done in such a way as to minimize erosion.
B.
Development shall preserve salient natural features,
keeping cut-fill operations to a minimum, and ensure conformity with
topography so as to create the least erosion potential and adequately
handle the volume and velocity of surface water runoff.
C.
Whenever feasible, natural vegetation shall be retained,
protected and supplemented.
D.
The disturbed area and the duration of exposure shall
be kept to a practical minimum.
E.
Disturbed soils shall be stabilized as quickly as
practicable.
F.
Temporary vegetation or mulching shall be used to
protect exposed critical areas during development.
G.
The permanent (final) vegetation and physical erosion
control measures shall be installed as soon as practical in the development.
H.
Provisions shall be made to effectively accommodate
the increased runoff caused by changed soil and surface conditions
during and after development. Where necessary, the rate of surface
water runoff will be mechanically retarded.
I.
Until the disturbed area is stabilized, sediment in
the runoff water shall be trapped by the use of debris basins, sediment
basins, silt traps or other acceptable methods.
J.
Whenever sedimentation is caused by stripping vegetation,
regrading or other development, it shall be the responsibility of
the developer causing such sedimentation to remove it from all adjoining
surfaces, drainage systems and watercourses and to repair any damage
at his expense as quickly as possible.
K.
Maintenance of all drainage facilities and watercourses
within any major subdivision is the responsibility of the developer
until they are accepted by the Township of Washington or other approving
agency.
L.
It is the responsibility of any person doing any act
on or across a communal stream, watercourse or swale or upon the floodway
or right-of-way thereof to maintain as nearly as possible in its present
state the stream, watercourse, swale, floodway or right-of-way during
the duration of such activity and to return it to its original or
equal condition after such activity is completed.
M.
Maintenance of drainage facilities or watercourses
originating and completely on private property is the responsibility
of the owner to the point of open discharge at the property line or
at a communal watercourse within the property.
N.
No person shall block, impede the flow of, alter or
construct any structure or deposit any material or thing or commit
any act which will affect normal or flood flow in any communal stream
or watercourse without having obtained prior approval from the Township
of Washington and the New Jersey Department of Environmental Protection,
Division of Water Resources.
O.
Rights-of-way or easements having a minimum width
of 30 feet shall be provided for all drainage facilities and watercourses
which are proposed for acceptance by the Township of Washington or
other official agency.
[Amended 6-15-1981 by Ord. No. 23-81]
P.
Each person who makes any surface changes shall be
required to:
Q.
The soil erosion and sediment control plan shall include
the following:
[Added 5-16-1988 by Ord. No. 15-88]
[Amended 4-19-1982 by Ord. No. 9-82; 2-18-1985 by Ord. No.
2-85; 5-19-1986 by Ord. No. 18-86; 10-15-1990 by Ord. No. 33-90; 5-18-1998 by Ord. No. 13-98; 2-21-2005 by Ord. No. 2-05]
A.
General standards. In the preparation of a surface
water management plan, the following shall be adhered to:
(1)
All residential and nonresidential projects shall
be designed in accordance with the design standards of N.J.A.C 5:21,
Residential Site Improvement Standards (RSIS).
(2)
Provisions shall be made to collect and recharge surface
water within the confines of the development whenever possible.
(3)
Maximum use shall be made of presently existing surface
water runoff control devices, mechanisms or areas such as existing
berms, terraces, grass waterways, favorable hydrologic soils, swamps,
swales, watercourses, woodlands and floodplains in accordance with
their functional capabilities, as well as any proposed retention structures.
Use of existing surface water runoff control devices, mechanisms or
areas on one or more adjacent properties may be considered by the
Board upon receipt of appropriate written permission from the owner(s)
of the property involved. Any decision by the Township to include
adjacent properties in the surface water runoff plan shall be based
on the following criteria:
(a)
Environmental and/or surface water management
conditions peculiar to this site, specifically the presence of large
natural detention areas immediately downstream of the site.
(b)
Installation of surface water runoff control
devices in accordance with the Surface Water Management Ordinance
would have a greater environmental impact.
(c)
Approvals including use of adjacent properties
will not have an adverse effect on the neighboring properties, public
streets, public safety or the environment.
(d)
Approvals including use of adjacent properties
will not foreseeably result in need for public or private improvements
to property other than the applicant's.
(4)
Evaluation shall be made of the subwatershed(s) of
which the site is a part, the receiving stream channel capacities
and point of concentration structure.
(5)
Surface water runoff shall generally not be transferred
from one watershed to another.
(6)
The plan shall coordinate with the soil erosion sediment
control plan and with all other applicable ordinances and statutes.
(7)
To the greatest possible extent, the plan shall avoid
the concentration of flow and shall provide for the dissipation of
velocities at all concentrated discharge points.
(8)
Re-establishing vegetative cover shall be in accordance
with Standards and Specifications for Soil Erosion and Sediment Control
in New Jersey, adopted by the Morris County Soil Conservation District,
latest edition, and with all other applicable ordinances and statutes.
(9)
Timing for the plan shall establish permanent surface
water management measures prior to construction or other land disturbance,
to include seeding and establishing sod in grass waterways.
B.
Design standards. The plan shall utilize the following
design standards:
(1)
The design of stormwater management collection systems
and facilities, including detention facilities, for all projects (residential
and nonresidential) shall be in accordance with residential site improvement
standards.
(2)
All outfalls are to be designed in a manner to retard
velocities at the outfall and to provide stream channel protection.
Where an outfall does not discharge directly into a well-defined watercourse,
and where the volume or rate of runoff is increased as determined
by the Township Engineer, the applicant shall obtain an easement for
a right of open discharge from the property owner between the outfall
and the receiving well-defined watercourse. The form of easement for
a right of open discharge shall be approved by the Township Attorney.
[Amended 3-21-2005 by Ord. No. 8-05]
(3)
When a natural drainage pattern is necessarily intercepted,
as by a street, provisions shall be made to accommodate surface water
runoff from the areas upstream from the point of interception.
(4)
All structures and land treatment practices shall
conform to Standards and Specifications for Soil Erosion and Sediment
Control in New Jersey, latest edition, adopted by the Morris County
Soil Conservation District, and all other applicable ordinances and
statutes.
(5)
All water-carrying structures and/or retention areas
shall be completed and stabilized prior to diversion of water to them.
(6)
Prior to developing the surface water management plan,
there shall be an inventory of the site showing all existing natural
and man-made drainage features (berms, terraces, grass waterways,
favorable hydrologic soils, poorly drained soils, swamps, swales,
watercourses, woodlands, floodplains). These shall be incorporated
in the plan to the greatest possible extent in accordance with their
functional capability.
(7)
Drainageways and watercourses which normally carry
or receive surface water runoff shall not be overloaded with increased
runoff, sediment or other pollution resulting from disturbance of
soil and vegetation or incident to development, construction or other
activity.
(8)
Due consideration shall be given to the relationship
of the subject property to the natural or established drainage pattern
of the subwatershed(s) of which it is a part as shown on the map Watershed
Overlay of the Washington Township Natural Inventory Resource Inventory,
Map No. 9.
(9)
Surface water runoff controls shall be designed to
assure that the land in question uses no more than its proportionate
watershed share of the natural stream and culvert capacity.
(10)
Additional surface water runoff control and
recharge devices may be proposed, such as rooftop storage, dry wells,
cisterns and roof drain infiltration trench, provided that they are
accompanied by detailed engineering plans and performance capabilities.
C.
Porous media. In the case of detention facilities
utilizing porous media for ground absorption, such as dry wells, porous
pavement or the like, the volume of the porous media shall be large
enough to contain the total volume of rainfall excess within the voids.
Ground absorption systems shall be used only where the infiltration
rate of the receiving soil is acceptable as determined by percolation
tests and soil borings or as determined by the Township Engineer.
Provisions shall be made to contain overflow of such systems on site
or to surface drain the overflow in such a way as not to adversely
affect any other property.
D.
Surface impoundment. If detention facilities utilizing
surface impoundment, such as detention basins or rooftop storage,
are used, sufficient volume to fully contain the total volume of rainfall
excess shall be provided. The outlets of such facilities shall be
designed to limit the maximum discharge rate of stormwater runoff
to what occurs at the site under existing conditions and shall discharge
in such a way as not to adversely affect any other property. If rooftop
storage is proposed, the weight of the impounded water on the roof
shall be accounted for in the structural design of the building, and
the roof shall be designed to provide maximum protection against leakage.
If earth berms or dikes are used to create the impounding area, they
shall be adequately stabilized and the slopes protected with vegetative
cover, paving or riprap to protect against failure or breaching.
E.
Combination of techniques. If a combination of different
stormwater detention techniques is used, combined volume of the systems
shall be large enough to fully contain the total volume of rainfall
excess.
F.
Maintenance. The maintenance of all stormwater systems
shall be in accordance with an approved stormwater management system
maintenance plan. The plan shall be prepared to be consistent with
the Township Stormwater Pollution Prevention Plan (SPPP).
G.
Exceptions for site plans. Surface water management
provisions cannot be waived, except that, where there are peculiar
conditions to a site plan or to the area in the vicinity thereof,
exceptions may be granted, at the option of the Board, based on the
following criteria:
(1)
Waivers shall include mitigation measures at sites
as outlined in the Township Stormwater Pollution Prevention Plan (SPPP).
(2)
Compliance with the literal enforcement of part or
all of the standards is impractical, due to the size of the lot, shape
of the lot or lack of availability of receiving streams/storm drains.
(3)
The amount of the increased impervious area (roofs,
pavements, etc.) relating to the application and prior applications
where waivers were granted by the Board does not exceed 7,500 feet.
(4)
The granting of the exceptions will not have an adverse
effect on the neighboring properties, public streets, public safety
or the environment.
(5)
The granting of the exceptions will not foreseeably
result in need for public or private improvements to property other
than the applicant's.
H.
Landscaping. All detention/retention basins shall
include landscaping utilizing the following design criteria:
(1)
Landscaping shall be compatible with the surrounding
area.
(2)
Where the adjacent area is wooded:
(a)
Deciduous trees, evergreen trees or shrubs hardy
to our plant zone shall be installed within the basin, excluding the
dam embankment, and the surrounding disturbed area. Trees/shrubs within
the basin shall be of a type compatible with flooding/wet conditions.
(b)
The only grassed area shall be the detention
basin dam embankment, which shall be free of trees/shrubs and shall
require periodic mowing.
(4)
The landscaping plan approval for each site shall
be based on the conditions at and around the site and based on visual
aesthetics, durability and ease of homeowner maintenance.
[Added 2-16-1987 by Ord. No. 3-87; amended 4-16-1990 by Ord. No. 11-90]
For all subdivisions of five or more lots, where
public water is not proposed, the subdivider shall, at his expense,
install a fire-protection system. For subdivisions of five or more
lots and less than 10 lots, a waiver may be granted if a public water
system or fire-protection system is located within 5,000 feet of all
proposed dwellings as measured along roads and driveways. The fire-protection
system shall be in accord with the following criteria:
A.
Every home in the subdivision must be within 1,000
feet, as measured along the streets and driveways, of an adequate
source of water for fire protection. For large subdivisions, more
than one source of water for fire protection may be necessary.
[Amended 4-17-2000 by Ord. No. 11-00]
C.
Underground storage tanks.
[Amended 9-18-1995 by Ord. No. 31-95]
(1)
For underground storage tanks, an adequate source
of water shall be defined as a minimum of 30,000 gallons. The top
of the tank shall be four or more feet underground. The tank shall
be of fiberglass or other noncorrosive construction and shall be installed
in accordance with the manufacturer's specification. In areas of high-water
table, the tank shall be installed with antiflotation footings and
straps. The tank shall include an access manhole, an inspection port
to measure the water level, venting for 1,500 gallons per minute of
discharge suction piping connected to the bottom of the tank, a suction
hydrant with 4 1/2 N.S.T. threads located at an elevation no
higher than 12 feet above the bottom of the tank and a suitable access
road to the hydrant.
[Amended 4-17-2000 by Ord. No. 11-00]
(2)
Underground storage tanks shall be provided as follows:
(a)
Subdivisions of five but not more than 10 lots:
a minimum of one tank.
(b)
Subdivisions of 11 but not more than 20 lots:
a minimum of two tanks.
(c)
Subdivisions of 21 but not more than 30 lots:
a minimum of three tanks.
(d)
Any increment of one to 10 lots, over 30 lots:
a minimum of one additional tank.
NOTE: Each tank must have a minimum
capacity of 30,000 gallons.
[Amended 4-17-2000 by Ord. No. 11-00] |
D.
Fire ponds.
(1)
For fire ponds and/or retention basins, an adequate
source of water shall be defined as a minimum of 30,000 gallons, provided
that the fire pond or the lower section of retention basins used for
fire storage is:
[Amended 4-17-2000 by Ord. No. 11-00]
(2)
The pond/basin shall be equipped with a standard suction
point with strainer to a suction hydrant and a suitable access road
to the hydrant.
E.
Lakes or streams may be used, subject to the subdivider's
demonstrating that the lake or stream meets the criteria set forth
above for fire ponds.[1]
[1]
Editor's Note: Former Subsection 16-8.11,
Standards for Recreation Facilities, added 6-17-1991 by Ord. No. 16-91,
which immediately followed this subsection, was repealed 8-21-1995
by Ord. No. 27-95.
[Added 7-18-1994 by Ord. No. 15-94]
A.
Dead-end street not to exceed 2,000 feet.
B.
A loop or cul-de-sac to accommodate a fire engine.
C.
Minimum width of 20 feet.
D.
Maximum grade of 10% permitted.
E.
Paving of the private road and the installation of
drainage facilities shall only be required if the Township Engineer
determines that they will be needed to prevent drainage problems on
the adjacent Township roads or the private road.
F.
The ownership and maintenance of the private road
will be the responsibility of the lot owners.
[Added 4-20-1998 by Ord. No. 4-98]
Where geotechnical improvements are required by § 175-30, the design and construction of the improvements shall be accomplished so as to minimize, to the greatest extent practical, the development of future sinkholes or other karst hazards and the pollution of surface and ground water resources. Table 1 (Design Elements, Risks, Testing Requirements, Performance Standards, Preferred Design Features and Remedial Plan Elements for Development on Karst Terrain)[1] represents the best technical judgment currently available
and may be used as a guide. However, none of the items in Table 1
are intended to preclude the application of the best professional
judgment, innovation and experience.
[1]
Editor's Note: Table 1 is located on file
in the Township Clerk's office.
[Added 3-19-2001 by Ord. No. 5-01]
The following guidelines should be considered
in determining the configuration and location of open space parcels
resulting from development under open space cluster provisions and
open lands resulting from lot averaging subdivisions:
A.
The preserved open space or open lands area shall
be configured in such a manner as to facilitate agricultural use.
Factors such as, but not limited to, the proposed proximity of the
open space or open lands to adjacent tracts containing farming operations,
the ability to create large contiguous tracts of open space and/or
farmland and the desirability of maximizing separation between farming
operations and residential units should be considered.
B.
In order to maintain the rural character and scenic
viewsheds of the Township, as perceived from the public rights-of-way,
open space and open lands parcels should be located in such manner
as to preserve scenic vistas and preserve the rural character of farmsteads,
barns and homesteads after development.
C.
Where subdivision tracts include existing farmland
operations, open space parcels and designated open lands should be
configured to preserve such uses, to the greatest extent possible,
in order to facilitate the continuation of farming.
D.
Open space parcels and designated open lands should
be located in such a manner (i.e., physical separation) as to reduce
the potential for conflicts between farm operations and residential
uses.
E.
Proposed roads should be located within the development
portion of the property. It is the intent of this section to keep
the open space or open lands portion continuous and free of roadway
intrusions; however, adequate access must be provided to the open
space or open lands area.
F.
Open lands created as a result of these regulations
may be used for recreation, agriculture or resource conservation.
No buildings or structures shall be constructed or maintained on the
deed-restricted open lands except such structures that are accessory
to the agricultural, natural resource conservation or open space use.
G.
Existing or proposed equestrian trails, and other
trails, including Patriot's Path, which may be shown on the Master
Plan of Washington Township or Morris County, and which are located
on lands within any proposed cluster or lot averaging subdivision,
shall be identified on the preliminary subdivision plat and preserved,
established or relocated, as may be appropriate. The Planning Board
may require easements for this purpose.
[Added 8-19-2002 by Ord. No. 31-02]
A.
Where normally required road improvements to public
roadways would change the character of a rural historic scenic corridor,
alternate improvements or treatments should be required instead of
upgrading the roadway. In order to retain the visual character of
the rural portions of the Township, road improvements should not be
initiated to open rural lands for development. Limiting the access
points along rural historic scenic corridors will serve to promote
the flow of traffic while also maintaining the scenic qualities of
the roadside view.
[Amended 10-21-2002 by Ord. No. 39-02]
B.
These roadways have varying right-of-way and cartway
widths and sometimes have buildings and structures within close proximity
to the right-of-way. These roadways have changed little from their
historic origins, generally follow the existing terrain, and have
radii and grades that do not meet current standards. The intent of
this designation is to maintain the rural character of these roadways
so as to preserve this important component of the Township's rural
past. A minimum width of 20 feet, or as recommended by the New Jersey
residential site improvement standards, should be the roadway design
criteria. Additionally, two paved shoulders of two feet width are
needed for line painting, snow removal and protection of pavement
edge.
C.
The treatment of roadside features is an important
element in maintaining the integrity of the scenic corridor. A rural
historic road buffer easement, 50 feet in width, shall be provided
adjacent to the street right-of-way, in addition to the shade tree
easement and/or sight easement which may be required. The minimum
fifty-foot buffer easement shall be replanted with similar vegetation
wherever natural vegetation is removed. Common driveways shall be
utilized to limit new driveway cuts, and limited access for new streets
shall be permitted in order to maintain the character of the scenic
corridor. To the maximum extent possible, historic features along
the roads, such as stone rows, hedgerows, stone retaining walls and
fences, should not be disturbed. Sidewalks should be separated from
the roadway, meandering and constructed of alternative materials in
order to maintain the character of the scenic corridor.
D.
The following roads are designated as rural historic
scenic corridors:
Name of Street
| |
---|---|
Apgar Road (east of Green Hills Road)
| |
Beacon Hill Road
| |
Black River Road
| |
Califon Road
| |
Camp Washington Road
| |
Church Lane
| |
Coleman Road
| |
Drakestown Road (north of Route 46)
| |
East and West Springtown Road
| |
East Valley Brook Road
| |
Fairview Avenue (north of Naughright Road)
| |
Fishers Mine Road
| |
Flocktown Road
| |
Fox Hill Road
| |
Frog Hollow Road
| |
Hacklebarney Road
| |
Heath Lane
| |
Hollow Brook Road
| |
Kings Highway
| |
Laketown Road
| |
The Maples (East/West/North)
| |
Maple Lane
| |
Middle Valley Road
| |
Mission Road (Reservoir Road to Marjorie Drive)
| |
Mount Lebanon Road
| |
North Four Bridges Road
| |
North Mt. Lebanon Road
| |
Old Turnpike Road
| |
Parker Road
| |
Pickle Road
| |
Pleasant Grove Road
| |
Reservoir Road
| |
Sand Hill Road
| |
Spring Lane
| |
Stephensburg Road
| |
Turtleback Road
| |
Van Pelt Road
| |
West Valley Brook Road (south of Beacon Hill
Road)
| |
Wherli Road
| |
Zellers Road
|