A.
General. All improvements shall be installed in complete accordance
with the standards of this chapter, with other particular specifications
approved by the municipal agency and Township Engineer and with all
other applicable municipal, county, state and federal regulations.
Should improvements be required which are not provided for within
this chapter, they shall be designed and constructed in accordance
with good engineering practice and recognized design standards. The
developer or his engineer shall submit detailed design calculations
and construction specifications in each such instance. Prior to the
initiation of such specialized design, the particular standards to
be utilized shall be submitted for review by the municipal agency
and Township Engineer.
B.
Standard specifications and construction details. The Standard Specifications
for Road and Bridge Construction of the New Jersey Department of Transportation
(latest edition), including all addenda, and the Standard Construction
Details of the New Jersey Department of Transportation (latest revision),
as modified, supplemented, amended or superseded by the requirements
of this chapter, by the approved final plat, by particular agreement
among the municipal agency and subdivider or by other applicable municipal,
county, state or federal regulations, shall govern the completion
of the required improvements. Such Standard Specifications and Standard
Construction Details are made a part of this chapter by reference
and will not be herein repeated. It is the responsibility of all developers
to familiarize themselves with these standards. The requirements of
this chapter, of an approved final plat or of particular agreements
and conditions of approval and of applicable municipal, county, state
or federal regulations shall govern and prevail in the case of conflict
between them and the Standard Specifications or Standard Construction
Details. Should the Township adopt, subsequent to the effective date
of this chapter, particular and specific Standard Construction Details
for Jackson Township, they shall govern and prevail over the Standard
Construction Details of the New Jersey Department of Transportation
previously referred to.
A.
Objectives. All site plan and subdivision plats shall conform to
design standards that will encourage desirable development patterns
within the Township. The site plan or subdivision shall conform to
the proposals and conditions shown on the adopted Master Plan. The
streets, drainage rights-of-way, school sites, public parks and playgrounds
and other municipal facilities shown on the adopted Master Plan shall
be considered in the review of site plans and subdivision plats. Where
the Master Plan makes no provisions therefor, streets and drainage
rights-of-way shall be shown on the final plat in accordance with
N.J.S.A. 40:55D-1 et seq. and shall be such as to lend themselves
to the harmonious development of the municipality and the enhancement
of the public welfare.
B.
Responsibility for design. Within the criteria established by and
subject to the review and approval of the municipal agency, all design
of a site plan or subdivision is the responsibility of the developer,
and he shall be responsible for and bear the entire cost of any and
all investigations, tests, reports, surveys, samples, calculations,
environmental assessments, designs, researches or any other activity
necessary to the completion of the design. The standards set forth
in this chapter shall be taken to be the minimum necessary to meet
its purposes, as set forth elsewhere herein. The responsibility of
the municipal agency shall be to see that these minimum standards
are followed and that, in those cases not covered by these standards,
sufficient precautions are taken to assure that the eventual design
is conducive to the implementation of the purposes of this chapter
and the Township Master Plan. The municipal agency may employ professionals
in various disciplines to advise and assist it in its determinations.
Any decisions of the municipal agency regarding the suitability or
sufficiency of any design proposal, taken upon advice of its professionals
and subject to the provisions of this chapter, shall be deemed conclusive.
C.
Design data. To properly execute the design of a site plan or subdivision,
it is anticipated that the developer will obtain or cause to be obtained
certain design data, including but not limited to soil tests and analyses,
environmental assessments, traffic studies and traffic projections,
surveys, reports and similar design data. Any and all such data obtained
by the developer, or by others retained by him to complete the design,
shall be made available to the municipal agency and its employees
and professional consultants for the purpose of reviewing the proposed
design. Should the Planning Board determine that the design data submitted
is not sufficient for the purpose of completing a full review of the
proposal, it may request the applicant to provide such additional
information as is deemed necessary. Until the applicant supplies such
information, no submission under the provisions of this chapter shall
be termed complete. Nothing contained herein shall be interpreted
to prevent the municipal agency from making or causing to be made
such independent studies, calculations or other undertakings as it
deems necessary in the review of any application for development.
D.
Design standards. When a developer determines that it will be necessary
to utilize design standards in addition to or other than those minimum
requirements established herein, he is advised to consult with the
Engineer of the municipal agency, prior to beginning his detailed
design, for review and approval of his proposed design standards.
Standards utilized should generally be nationally recognized and in
common use in this area. Design standards may not be utilized if they
do not have the approval of the Engineer of the municipal agency.
E.
Waiver of requirements. It is recognized that, in certain instances,
preexisting conditions or the uniqueness of a particular proposal
may require the waiver of some of the standards presented herein.
The municipal agency may consider and, for cause shown, may waive
strict conformance with such of these detailed standards as it sees
fit. Any developer desiring such action shall present with his application
for development a listing of all such waivers desired, together with
the reasons therefor.
F.
Exceptions to residential development improvement standards.
[Added 6-8-1998 by Ord. No. 15-98]
(1)
The municipal agency may grant such de minimis exceptions from
the requirements of the site improvement standards adopted pursuant
to N.J.A.C. 5:21 as may be reasonable and within the general purpose
and intent of the standards if the literal enforcement of one or more
provisions of the standards is impracticable or will exact undue hardship
because of peculiar conditions pertaining to the development in question.
(2)
An application for an exception pursuant to this section shall
be filed, in writing, with the municipal agency and shall include:
(3)
Exceptions shall become a part of the construction documents
and shall be retained by the municipal agency.
(4)
Within 30 days of granting a de minimis exception request, the
secretary of a municipal agency agreeing to an exception pursuant
to this section shall send a copy of the document(s) constituting
the de minimis exception resolution and/or document to the New Jersey
Department of Community Affairs, Division of Codes and Standards,
101 South Broad Street, CN 802, Trenton, NJ 08625-0802. Such notice
shall be clearly marked "Site Improvement Exception(s)."
(5)
An application for an exception may also be an made by an officer
or agency of the municipality.
(6)
Examples of de minimis exceptions include, but are not limited
to, the following:
(a)
Reducing the minimum number of parking spaces and the minimum
size of parking stalls;
(b)
Reducing the minimum geometries of street design, such as curb
radii, horizontal and vertical curves, intersection angles, center
line radii and others;
(c)
Reducing cartway width; and
(d)
Any changes in standards necessary to implement traffic calming
devices.
(7)
The municipal agency's granting of a request for a de minimis
exception shall be based on a finding that the requested exception
meets the following criteria:
G.
Agreement to exceed standards.
[Added 6-8-1998 by Ord. No. 15-98]
(1)
A standard set forth in these rules may be exceeded when both
the developer and the municipal agency agree that such exceeding of
a standard is desirable under the specific circumstances of a proposed
residential development.
(2)
Any agreement between developer and municipal agency to exceed
a standard set forth in these rules shall be placed in writing by
the developer.
(3)
The developer shall transmit forthwith to the Department notification
of each agreement with a municipal agency to exceed any of the standards
set forth in these rules.
A.
The block length, width and acreage within bounding roads shall be
such as to accommodate the size and dimensions of lots required for
the zoning district by this chapter and to provide for convenient
access, circulation control and safety of vehicles and pedestrians.
B.
Block lengths may vary between 500 and 3,000 feet, but blocks along
other than local, local collector, minor collector or major collector
streets shall not be less than 1,200 feet long.
C.
Interior crosswalks with a right-of-way 20 feet wide containing a
sidewalk of four feet or greater in width and fenced on both sides
may be required for blocks longer than 1,200 feet, from the ends of
the culs-de-sac to adjacent streets and elsewhere as required by the
public convenience, including the provision of walks giving access
to schools, playgrounds and shopping centers, without the necessity
of crossing traffic thoroughfares.
A.
All grading, excavation or embankment construction shall be in accordance
with the approved final plans and shall provide for the adequate disposal
of all stormwater runoff and such groundwater seepage as may be encountered.
All clearing, excavation and embankment construction shall be in accordance
with the applicable requirements of the standard specifications. No
excavated material may be removed from the site except in accordance
with an approved final plan or without the prior approval of the Township
Engineer. Where borrow excavation materials from off-site sources
are required to complete the necessary grading, such material shall
be subject to the approval of the Township Engineer.
B.
Material which the Township Engineer judges unsuitable for use in
embankments may be used for grading outside the roadway right-of-way
or outside pavement areas with the permission of the Township Engineer.
Any unsuitable material which cannot be satisfactorily utilized on
the site shall be removed from the site and disposed of at places
to be provided by the developer.
C.
All construction layout and grading stakes shall be set by a licensed
land surveyor or professional engineer employed by the developer or
his contractor.
D.
All rough grading must be completed prior to the construction of
pavement subgrade. All sidewalk areas and slope areas must be fully
graded prior to the construction of finished pavements or pavement
base courses.
E.
To preserve the integrity of pavements, embankments and excavations
for streets or roadways shall be provided with slopes no steeper than
one foot of vertical rise for every three feet of horizontal distance.
F.
Such slopes shall be suitably planted with perennial grasses or other
ground cover plantings in accordance with the plans approved by the
municipal agency. In areas where excavations or embankments would
extend significantly beyond road rights-of-way, thereby causing disruption
to the natural environment of the development, the municipal agency
may, upon its own initiative, direct the use of terraces, retaining
walls, crib walls or other means of maintaining roadway slopes. In
any event, the entire roadway right-of-way shall be fully graded,
and any retaining walls, crib walls or terraces shall be located outside
of the roadway right-of-way, and their maintenance shall be the responsibility
of the owner of the property on which they are constructed. The developer
shall make suitable provisions in the instruments transferring title
to any property containing such terraces, retaining walls or crib
walls and shall provide a copy thereof to the municipal agency and
the Township Clerk. All graded areas within or outside of the roadway
right-of-way shall be neatly graded, topsoiled, fertilized and seeded
to establish a stand of perennial grasses.
G.
Lot grading. Lots shall be graded to secure proper drainage and to
prevent the collection of stormwater. Said grading shall be performed
in a manner which will minimize the damage to or destruction of trees
growing on the land. Topsoil shall be provided and/or redistributed
on the surface as cover and shall be stabilized by seeding or planting.
Grading plans shall have been submitted with the preliminary and final
plats, and any departure from these plans must be approved in accordance
with the requirements of this chapter for the modification of improvements.
Grading shall be designed to prevent or minimize drainage to structures
or improvements when major storms exceeding the design basis of the
storm drainage system occur.
(1)
Wherever possible, the land shall be graded so that the stormwater
from each lot shall drain directly to the street. If it is impractical
to drain directly to the street, it shall be drained to a system of
interior yard drainage designed in accordance with the standards for
drainage facilities, and suitable drainage easements shall be provided.
(2)
Unless otherwise required by the standard specifications or
approved by the Engineer, all tree stumps, masonry and other obstructions
shall be completely removed.
(3)
The minimum slope for lawns shall be 2%. The minimum slope for
smooth, hard-finished surfaces other than roadways shall be 1%.
[Amended 9-11-2000 by Ord. No. 19-00]
(4)
The maximum grade for lawns within five feet of a building shall
be 10% and, for lawns more than five feet from a building, 25%.
(5)
Retaining walls installed in slope control areas shall be constructed
of heavy treated timber or logs, reinforced concrete or other reinforced
masonry or of other construction acceptable to the Engineer of the
municipal agency and adequately designed and detailed on the final
plat to carry all earth pressures, including any surcharges. The height
of retaining walls shall not exceed 1/3 of the horizontal distance
from the foundation wall of any building to the face of the retaining
wall. Should the Township adopt, subsequently to this chapter, standard
details for such construction, the same shall govern. Retaining walls
will not be permitted in required buffer areas.
(6)
The developer shall take all necessary precautions to prevent
any siltation of streams during construction. The developer shall
provide adequate provisions in accordance with a Soil Erosion and
Sediment Control Plan approved by the Ocean County Soil Conservation
Service to prevent all deposition of silt or other eroded material
in any stream or watercourse. Such provisions may include but are
not limited to construction and maintenance of siltation basins or
holding ponds and diversion berms throughout the course of construction.
A.
All concrete used in any subdivision or site improvement shall be
prepared in accordance with the requirements of the standards specifications
for the various classes of concrete used.
B.
Unless specific written permission is obtained from the Township
Engineer to the contrary, only concrete obtained from dry-batched
redi-mixed trucks shall be allowed.
[Amended 6-8-1998 by Ord. No. 15-98]
A.
General requirements. Vertical concrete curb or granite (Belgian)
block curb shall be constructed along both sides of every street within
a subdivision and along all pavement edges within site developments
for uses other than single-family or two-family homes. Where the site
boundary is along an existing street, the curb need only be constructed
on the side of the existing street adjacent to the site. Any existing
pavements damaged by curb construction shall be repaired to the standards
contained in this chapter or as may otherwise be approved by the Township
Engineer. Concrete curb shall be constructed of Class B concrete,
air-entrained, in accordance with the requirements of the standard
specifications. Preformed bituminous cellular-type joint filler, 1/2
inch thick, cut to match the cross section of the curb, shall be used
at all expansion joints at intervals not greater than 20 feet. Intermediate
plate joints shall be provided at intervals not exceeding 10 feet.
The curb cross section for vertical concrete curb shall be as shown
on Exhibit 109-1.[1] Where the use of granite block curb is proposed, construction
details shall be submitted for approval of the Township Engineer.
The requirements of the standard specifications regarding curing precautions
shall be strictly observed.
[1]
Editor's Note: Exhibit 109-1 is included at the end of this chapter.
B.
Timing of curb construction. In areas with bituminous concrete pavement,
required curb shall be constructed prior to the construction of the
bituminous base courses. Any required repairs to curbs which are not
suitable for acceptance shall be made prior to construction of the
final pavement wearing course.
C.
Combination curb and gutter may be considered for use, subject to
approval of the Township Engineer, in those areas having a pavement
with a grade greater than 8% or less than 1%. When concrete curb and
gutter is permitted, the gutter shall be eight inches thick and shall
be constructed of Class B air-entrained concrete. Joints in the gutter
shall be formed simultaneously with joints in the curb and shall be
at the spacing specified for vertical concrete curb. The cross section
for combination curb and gutter shall be as shown on Exhibit 109-2.[2]
[2]
Editor's Note: Exhibit 109-2 is included at the end of this chapter.
D.
Where curb is to be constructed on streets under the jurisdiction
of the County of Ocean, the county standards for curb shall be utilized.
Generally, only one type of curb should be utilized on both sides
of a street for the entire block length.
E.
Alternate curb types. In certain instances it may be necessary or
desirable to construct alternate curb types. For example, these may
be required by the municipal agency on the perimeter of channelizing
islands or in the areas of unusually heavy gutter drainage flow or
may be desired by the developer for decorative purposes or to preserve
vegetation. If alternate curb types are to be permitted, an appropriate
construction detail shall be submitted for approval with the preliminary
and final plats. Continuous slip-formed curb or combination curb and
gutter may be permitted if such is considered to be acceptable by
the Township Engineer. The use of continuous slip-formed curb or combination
curb and gutter may only be permitted if the applicant submits for
review and approval details and specifications concerning equipment,
materials and methods proposed for use, and if the Township Engineer
has inspected the installation and tested and approved a suitable
sample section of curb or combination curb and gutter. In the event
that the Township Engineer does not approve the sample section of
curb or combination curb and gutter, the developer shall remove the
sample section and replace it with a type of curb or curb and gutter
permitted by this chapter or such other alternate as may be approved
by the municipal agency.
[Added 6-8-1998 by Ord. No. 15-98]
Curbs, curbs and gutters and shoulders in all residential development
shall be designed and constructed in accordance with Subchapter 4
(Streets and Parking) of N.J.A.C. 5:21 (Residential Site Improvement
Standards), as amended.
A.
Conservation easements.
(1)
All freshwater wetland areas and required adjoining buffer areas,
as determined by the New Jersey Department of Environmental Protection,
shall be included within conservation easements on subdivisions and
site plans submitted to the municipal agency. The municipal agency
may also require conservation easements to protect wooded areas and
steep slope areas and along watercourses and drainage easements not
delineated as freshwater wetlands.
(2)
Metes and bounds information for conservation easements shall
be included on subdivision plat maps to be filed with the Ocean County
Clerk. Deeds of easements shall be provided for conservation easements
on site plans and on minor subdivisions which are to be filed by deed.
(3)
Such conservation easements shall contain provisions to restrict
the removal of trees and ground cover except for the following purposes:
removal of dead or diseased trees and thinning of trees and other
growth to encourage the more desirable growth. The easements shall
also prohibit filling or grading of the lands and the disposal of
refuse or waste material of any type within the limits of the easement.
B.
Drainage easements.
(1)
If the property on which a proposed development is to be located
is or is proposed to be traversed by a drainage facility of any kind,
including a pipe, channel, stream or swale, the municipal agency may
require that a stormwater and drainage easement or right-of-way along
said facility be provided by the developer. If existing land drainage
structures, such as French drains, are encountered during the course
of construction of any development, such drainage structures shall
either be removed entirely, or a revised final plat showing the location
of such drainage structures, and accompanied with detailed cross sections
thereof, shall be filed with the Engineer of the municipal agency
for consideration by the municipal agency. The municipal agency, after
consulting its Engineer and other appropriate agencies, shall either
require that the structure be removed in part or in its entirety or
recommend such other action to the governing body as it deems appropriate.
(2)
All easements shall be shown on the final plat with a notation
as to the purpose and restrictions of the easement. Easement lines
on the final plat shall be shown with accurate dimensions and bearings
unless the easement lines are parallel or concentric with lot lines.
(3)
The width of drainage easements for stormwater conduits or constructed
channels shall be a minimum of 15 feet or such additional width as
may be required for the construction and maintenance of the proposed
drainage facilities. The area of all retention and detention basins
shall be contained within a drainage easement. The width of drainage
easements for natural watercourses shall conform to the floodplain
limits along both sides of the watercourse, except that, if the location
of such watercourse is at or near the boundary of the subdivision,
the dimensions of the easement and right-of-way shall be modified
to retain it within the confines of the development. Said drainage
easement or right-of-way shall include provisions assuring the following:
(a)
Preservation of the channel of the watercourse.
(b)
Except in the course of an authorized drainage improvement,
prohibition of alteration of the contour, topography or composition
of the land within the easement or right-of-way.
(c)
Prohibition of construction within the boundaries of the easement
and right-of-way which will obstruct or interfere with the natural
flow of the watercourse.
(d)
Reservation of a public right-of-entry for the purpose of maintaining
the storm drain, drainage channel or the natural flow of drainage
through the watercourse, of maintaining any and all structures related
to the exercise of the easement or right-of-way and of installing
and maintaining a storm or sanitary sewer system or other public utility.
C.
Sight triangle easements.
[Amended 6-8-1998 by Ord. No. 15-98]
(1)
Nonresidential development.
(a)
In addition to right-of-way widths required for the full design
of all streets and the wider intersections as specified, sight triangle
easements shall be required on all corners at all street intersections.
Such easements shall include provisions to restrict the planting of
trees or other plantings or the location of structures exceeding 30
inches in height that would obstruct the clear sight across the area
of the easements and shall include a reservation to the public of
a right-of-entry for the purpose of removing any object, natural or
otherwise, that obstructs the clear sight. Such easements shall include
triangular areas on each corner that are bounded by the right-of-way
lines and straight lines connecting points on each right-of-way line
which are 50 feet from the intersection of the right-of-way lines,
or their prolongations, with points on the other intersecting street
which are the following distances from the intersection of the right-of-way
lines:
(b)
Where intersections occur on highways or roadways under the
jurisdiction of the State of New Jersey or County of Ocean, the sight
triangle easements required by the state or the County of Ocean may
be substituted in lieu of the requirements above.
(2)
Residential development. Sight triangles shall be in accordance
with 1990 AASHTO's A Policy on Geometric Design of Highways and Streets
standards and based on the speed limits established by the government
agency having jurisdiction. Sight triangle easements shall be required
and shall include the area of each street corner that is bounded by
the line which connects the sight or the connecting points located
on each side of the right-of-way lines of the intersecting street.
The planting of trees or other plantings, or the location of structures
exceeding 30 inches in height that would obstruct the clear sight
across the area of the easements, shall be prohibited, and a public
right-of-entry shall be reserved for the purpose of removing any object,
material or otherwise, that obstructs the clear sight.
D.
Shade tree and utility easement.
(1)
There shall be provided, where possible and practical, a shade
tree and utility easement with a minimum width of six feet in the
following locations:
(2)
Shade tree and utility easements may be utilized for the construction
and maintenance of drainage, utilities, landscaping and shade trees
and for such other municipal or public utility purposes as required.
Such easements shall be considered part of the lots they traverse
for the purpose of determining lot depths, setbacks, frontages and
areas.
(3)
In cases where a proposed development provides for the extension
of an existing street or abuts an existing street, where shade trees
and utilities have already been installed in a location other than
as specified above, the municipal agency may approve alternate utility
easement locations in order to provide for the continuation of existing
construction.
A.
General provisions.
(1)
The impact on the environment associated with development projects
necessitates a comprehensive analysis of the variety of problems that
may result and the measures that can be taken to minimize the adverse
impacts. It is recognized that the level of detail required for the
variety of development applications will vary depending on the size
of the project, the site conditions, the location of the project and
the information already in the possession of the Township.
(2)
Some flexibility is needed in preparing the environmental impact
statement (EIS). The EIS requirements pertaining to different types
of development applications are listed below.
(a)
All agricultural operations conducted in accordance with a plan
approved by the Soil Conservation District and all silviculture operations
conducted in accordance with a plan prepared by a professional forester
are specifically exempt from the environmental impact statement requirements.
(b)
Any variance applications to the Zoning Board of Adjustment
not involving a site plan or subdivision application shall not require
an environmental impact statement unless specifically requested by
the Board. The Zoning Board of Adjustment shall inform the applicant
regarding any information that may be required.
(c)
All preliminary major subdivision applications where more than
seven lots are created and/or preliminary major site plan applications
involving the construction of 20,000 square feet of new gross floor
area shall be accompanied by an environmental impact statement.
(d)
When, due to the particular characteristics of the site, the
Planning Board or Zoning Board determines that review of the environmental
impact statement is beyond the expertise of the professionals normally
employed by the Township to review application materials, the reviewing
Board may enlist the services of a qualified environmental scientist
to review the materials submitted by the applicant. The qualified
professional will report to the Planning Board or Zoning Board with
copy to the Environmental Commission on the methodology utilized to
assess the environmental impacts, the scope and comprehensiveness
of the EIS and the credibility of the findings.
[Added 3-27-2006 by Ord. No. 07-06]
B.
Submission format. When an environmental impact statement is required,
the applicant shall retain one or more competent professionals to
perform the necessary work. The qualifications and background of the
professionals shall be provided, and the method of investigation shall
be described. All applicable material on file in the Township pertinent
to evaluation of regional impacts shall also be considered, including
the Township Master Plan and the Natural Resources Inventory. Furthermore,
as much original research as necessary shall be conducted to develop
the environmental impact statement. The inventory required by this
section shall be accompanied by a log indicating the dates, times,
weather conditions and specific site locations of all on-site inspections.
All environmental impact statements shall consist of written and graphic
materials which clearly present the required information utilizing
the following format:
(1)
Project description. Indicate the purpose and scope of the proposed
project. Enumerate the benefits to the public which will result from
the proposed project, and describe the suitability of the site for
the intended use. A description of the proposed project shall be presented
to indicate the extent to which the site must be altered, the kinds
of facilities to be constructed and the uses intended. The resident
population, working population and visitor population shall be estimated.
The compatibility or incompatibility of the proposed project shall
be described in relation to the following:
(2)
Site description and inventory. Provide an inventory of environmental
conditions on the site, which shall include the following items:
(a)
Geology. Describe the geologic formations, confining layers,
etc., including surficial deposits.
(b)
Soils. The site location should be outlined on a copy of the Ocean County Soil Survey. Soil boring data shall be submitted as required in §§ 244-26B(25) and 244-30B(19). The location of the soil borings shall be presented on a plan of the site.
(c)
Surface water. Identify and describe all surface water features
on the subject site, including receiving water bodies in the area.
The applicant should incorporate best management practices and best
available technology to minimize impacts associated with stormwater
runoff into surface water bodies. In addition, the applicant shall
comply with federal, state or county surface water testing requirements
and submit any test results as part of the environmental impact statement.
(d)
Subsurface water. Describe subsurface water conditions on the
site in terms of aquifers present, depth to groundwater and water
supply capabilities. If the area for development is proposing water
supply wells, the name of the aquifer to be utilized must be provided.
In addition, provide information on existing wells within 500 feet
of the site from existing sources such as the State of New Jersey
Department of Environmental Projection and/or the Ocean County Health
Department relative to depth, capacity, water quality and recharge
capabilities. The Township Engineer and/or the Township Environmental
Commission reserves the right to request additional site specific
information when warranted.
(e)
Topography and existing development features. Provide topographic
contours and any existing features that are not considered to be part
of the natural environment on the site and a minimum of 50 feet surrounding
the site.
(f)
Wetlands and state open waters. Freshwater wetlands, transition
area widths and state open waters shall be delineated and certified
pursuant to the Freshwater Wetlands Protection Act Rules (N.J.A.C.
7:7A) outside of the State Pinelands Area and pursuant to the Pinelands
Protection Act Rules[1] within the State Pinelands Area. The delineation report
and plan shall be submitted as part of the EIS.
[1]
Editor's Note: See N.J.S.A. 13:18A-1 et seq.
(g)
Floodplains. The floodplain shall be identified and included
on site plan. Construction within the one-hundred-year floodplain
must be approved by the New Jersey Department of Environmental Protection,
Bureau of Floodplain Management.
(h)
Vegetation. Describe the existing vegetation on the site. A
map shall be prepared showing the location of major vegetation groupings
such as woodlands, open fields and wetlands. Where woodlands are delineated,
the forest types shall be indicated.
(i)
Wildlife. Prepare an inventory of all wildlife species which
may utilize the subject site, including terrestrial and aquatic vertebrates
and avian species. This inventory shall identify all such species
which were encountered through on-site investigations. All habitat
on-site which is unique to Jackson Township or the Ocean County region
shall be identified. All habitat which is critical in the maintenance
of wildlife shall also be identified. These areas may include but
are not limited to stream corridors, Atlantic White Cedar swamps,
extensive ecotone or cranberry bogs.
(j)
Endangered or threatened species. Identify any endangered or
threatened species (plant or animal) protected by the state or federal
government which may utilize any portion of the site. The New Jersey
Natural Heritage Program and/or the New Jersey Division of Fish, Game
and Wildlife shall be contacted regarding all endangered or threatened
species sizings within three miles of the project location for animals
or 1.5 miles of the project location for plants. A description of
the type of habitat utilized by any species identified within the
limits described above shall be provided, as well as the identification
of such habitat which is found on-site.
(k)
Air quality. Provide the most recent quantitative air quality
data from the nearest state sampling station.
(l)
Noise. Describe the existing noise conditions at the site.
(m)
Cultural, historical and archaeological resources. Identify,
describe and map any existing cultural, historical or archaeological
resources. The Jackson Township Historical and Cultural Commission
and the Office of New Jersey Heritage shall be contacted for the most
recent resource records.
(n)
Land use. Describe existing land uses on and within 500 feet
of the site.
(3)
Impact. Provide an assessment of both the adverse and positive
impacts during and after construction. The specific concerns that
shall be considered include the following and shall be accompanied
by specific quantitative measurements where possible and necessary:
(a)
Soil erosion and sedimentation resulting from surface runoff.
(b)
Flooding and floodplain disruption.
(c)
Degradation of surface water quality.
(d)
Groundwater pollution.
(e)
Reduction of groundwater capabilities.
(f)
Sewage disposal.
(g)
Solid waste disposal.
(h)
Vegetation destruction and disruption of vegetative communities.
(i)
Disruption of wildlife habitats, particularly those of endangered
and protected species.
(j)
Destruction or degradation of scenic and historic features.
(k)
Air quality degradation.
(l)
Noise levels.
(m)
Energy utilization.
(n)
Wetland impacts.
(4)
Environmental performance controls. A description of steps to
be taken to minimize adverse environmental impacts during construction
and operations, both at the project site and in the surrounding region.
Such description shall be accompanied by necessary maps, schedules
and other explanatory data that may be needed to clarify and explain
the action to be taken.
(5)
Commitment of resources. A statement concerning any irreversible
and irretrievable commitment of resources which would be involved
in the proposed project and a statement concerning steps which could
be taken which might avoid some or all of the adverse environmental
effects, including the no-action alternate.
(6)
Unavoidable impacts. A listing and evaluation of adverse environmental
impacts which cannot be avoided, with particular emphasis upon air
or water pollution, increase in noise, damage to natural resources,
displacement of people and businesses, displacement of existing farms,
increase in sedimentation and siltation. Describe all increases in
municipal services and consequences to municipal tax structures. Off-site
impact shall also be set forth and evaluated.
(7)
Other required approvals. As a direct result of the investigations
made under the environmental impact statement, an inclusive listing
shall be provided stipulating the licenses, permits and approvals
required by federal, state, county or municipal law. The status or
copies of these permits and approvals shall also be included.
C.
Report submission. The environmental impact statement, including
appropriate references, shall be submitted to the Environmental Commission
for its review and recommendation.
D.
Environmental impact statement waiver. Notwithstanding the foregoing,
the Planning Board may, at the request of an applicant, waive the
requirements for an environmental impact statement if it finds that
sufficient evidence has been submitted to support a conclusion that
the proposed development will have a negligible environmental impact.
Portions of such requirement may likewise be waived upon a finding
that the complete report need not be prepared in order to evaluate
adequately the environmental impact of a particular project.
A.
General requirements.
(2)
The design and materials of fences and walls shall be functional,
shall compliment the character of the size and type of building with
which they are associated and shall be suited to the nature of the
project.
(3)
Walls may be constructed out of brick or stone or other maintenance-free
material, subject to review and approval by the municipal agency.
Concrete block, painted or unpainted, shall not be permitted.
(4)
Fences may be wooden or of another material, subject to review
and approval by the municipal agency.
(5)
No fence or wall shall be constructed, installed or erected
within a sight triangle or sight distance area so as to constitute
a hazard to traffic or safety.
(6)
No fence or wall shall contain spikes, barbed wire, razor ribbon
or any similar object.
(7)
The following fences and fencing construction materials are
specifically prohibited in all districts in the Township of Jackson,
except for agricultural purposes:
(8)
All fences and walls must be erected within the property lines,
and no fence or wall shall be erected so as to encroach upon a public
right-of-way.
(9)
All supporting members of a fence shall be located on the inside
of the fence, and if erected along or adjacent to a property line,
the supporting members of the fence shall face the principal portion
of the tract of land of the property upon which the fence is erected.
The finished side of fences and walls shall face adjacent properties.
B.
Solid fences and walls hereafter erected, altered or reconstructed
in the front yard area of any zone in the Township of Jackson shall
not exceed 30 inches in height.
C.
Open fences located in the front yard area in any zone shall not
exceed 48 inches in height. Fences exceeding 48 inches in height shall
not extend forward of the front building line of any existing dwelling.
D.
Fences and walls shall not exceed six feet in height above ground
level when located in any side or rear yard, except as follows:
(1)
In any business or industrial zone, fences or walls not exceeding
eight feet in height may be erected in the rear or side yard areas
and behind the front building line.
(2)
On public park, recreation or school properties, open wire fences
not exceeding eight feet may be erected, except that fences enclosing
outdoor tennis courts, baseball backstops and other fences normally
provided with recreation facilities may be open wire fences not exceeding
12 feet in height.
(3)
Fences specifically required by other provisions of this chapter
and other municipal and state regulations.
E.
Security and animal enclosure fencing within the RC Zone shall be
exempt from the requirements of this section.
The following minimum gross habitable floor area requirements
shall apply to all detached single-family dwellings:
Guardrails, pipe railing or other appropriate barricades, as
required by the municipal agency, shall be designed and placed at
drainage structures, streams, embankment limits, curves and other
required locations. Guardrails shall be standard steel-beam type with
galvanized steel posts in accordance with the Standard Construction
Details. Alternate designs of guardrails and barricades may be used
and shall be submitted for approval of the municipal agency as part
of the final plat submission.
A.
Landscaping.
(1)
Landscaping plans submitted with subdivision or site plan applications
shall include the following:
(a)
A listing of proposed plantings, including the common and scientific
name of each as well as the quantity of each.
(b)
The location of the proposed plantings. For large projects in
which certain plant groupings repeat, a typical detail may be shown
rather than drawing the individual plantings throughout. Symbols and
a legend are desirable.
(c)
Size of material to be planted, including deciduous trees by
caliper, shrubs, evergreens, small flowering and ornamental trees
according to Standards of the American Association of Nurserymen.
(d)
Details of the methods to be used in welling, staking and guying,
mulching and wrapping.
(e)
Ground covers to be used in design, which may be indicated as
a mass planting, but spacing must be specified in the plant list.
(f)
Screening and buffer plantings as required by this chapter.
(2)
Plant selection.
(a)
On slopes, the landscape plan should recommend plantings that
prevent erosion. Along major roads, the plantings should provide a
buffer from noise and lights; on north slopes, plantings should serve
as a wind screen; and to the south, the landscaping should provide
shade from the sun. The overall landscaping plan should break up long
buildings and screen parking service, utility and loading/unloading
areas. The plan should provide for a variety of different species
to protect against disease attacking all the trees. A variety should
be selected with consideration for various seasons and of different
colors, textures, shapes, blossoms and foliage. The plan should be
particularly sensitive to local soil conditions; lack of or overabundance
of water, topography and climatological factors. The type of tree,
shrub or ground cover selected for a particular site should be based
on expert advice as to the most appropriate species for the particular
weather, soil conditions and proposed function of the plant.
(b)
Shade (street) trees. The following species shall be utilized
as shade and/or street trees:
[1]
In areas of significant available moisture:
Willow oak (Quercus phellos)
| |
Red maple (Acer rubrum)
| |
Green ash (Fraxinus pennsylvanica)
| |
Sweet gum (Liquidambar styraciflua)
| |
Sour gum (Nyssa sylvatica)
| |
River birch (Betula nigra) (single-trunked specimen)
|
[2]
In all other areas:
Hop hornbeam (Ostrya virginiana)
| |
Red oak (Quercus rubra)
| |
White oak (Quercus alba)
| |
Chestnut oak (Quercus prinus)
| |
Scarlet oak (Quercus coccinea)
| |
Linden tree (Tilia cordata)
| |
Tulip tree (Liriodendron tulipifera)
| |
Sugar maple (Acer saccharum)
| |
White ash (Fraximus americana)
| |
Scholar tree (Sophora japonica)
| |
Mountain ash (Sorbus aucuparia)
|
(3)
Plant size. The following minimum sizes should be utilized for
trees and shrubs unless otherwise approved by the municipal agency:
(a)
Shade trees: two inches caliper or 10 to 12 feet tall, whichever
is greater.
(b)
Evergreens, ornamental and foundation trees: 1 1/2 to 1 3/4
inches B & B or five feet to six feet tall, whichever is greater.
(c)
Shrubs: two to 2 1/2 feet in height or spread, except in
the case of dwarf species or varieties which do not attain this size.
(4)
Planting requirements:
(a)
All plant materials should conform to the horticulture standards
as set forth by the American Association of Nurserymen.
(b)
Planting holes should be a minimum of 12 inches larger in diameter
than the soil ball or root mass, excluding ground covers, and backfilled
with a planting mixture incorporating a minimum of 25% of organic
matter, by volume.
(d)
Trees should be staked in the following manner:
[1]
Two stakes driven a minimum of two feet into undisturbed soil
outside the planting hole.
[2]
Stakes, when driven, should be 1/2 to 2/3 the height of the
tree measured from ground level.
[3]
Stakes should be two inches diameter minimum at the thick end.
[4]
Stakes should be placed in line with prevailing winds.
[5]
Stakes should be attached to the tree with twelve-gauge galvanized
wire covered with rubber or plastic hose, or tree ties especially
manufactured for this purpose. The loop in contact with the tree shall
be loose enough to permit growth and prevent girdling for two years,
but shall be tightly bound to the stake to prevent slipping.
(g)
Plant material used should not be of a variety requiring substantial
maintenance or material highly subject to pollution, salt damage along
highways and current insect disease manifestations.
(h)
Trees and shrubs should be planted only when the soil is friable
and not muddy.
(i)
Ground covers.
[1]
All planting beds must be covered to a depth of three inches,
and type of covering to be used noted on the landscape plan.
[2]
All planted beds surrounded by grass should be edged by a physical
edging flush with the soil to permit mowing.
[3]
Ground cover areas and steep banks greater than 15% should be
planted with an approved ground cover and an approved mulch.
(j)
All seed mixtures and sod types must meet the approval of the
Township Engineer.
(5)
Protection of existing trees and shrubs.
(a)
Trees designed to remain on the construction site should be
protected with a physical barrier. Such physical barrier shall be
clearly visible and consist of silt fencing or snow fencing or other
suitable barrier. All such barriers shall be approved by the Planning
Board or Township Engineer. The barrier shall be installed before
any site clearing, grading, excavation or construction or installation
of improvements is begun.
(b)
The grade of land located within six feet of a tree shall not
be raised or lowered more than six inches unless compensated by welling
or retaining methods herein described.
(c)
Tree wells shall be constructed around each tree or group of
trees before any grades are increased. Wells shall be constructed
of uncemented stone, block or any other suitable material. This well
should be a minimum of three feet in diameter for a tree of four inches
or less caliper, with the wall located 18 inches from the trunk, with
the construction starting on existing grade so as not to disturb roots
with foundation construction. For trees of more than four inches caliper,
there should be added one foot to the diameter of the well for each
inch of caliper over four inches, as measured 12 inches above natural
ground level.
(d)
Retaining walls should be constructed around each tree or group
of trees immediately after the grade is lowered. This retaining wall
shall be constructed of railroad ties or any other suitable material,
subject to approval by the Township Engineer.
(e)
Any cleaning within six feet of tree trunk should be done by
hand. No equipment is to be run over this area, and no building materials
are to be attached against the tree or within the area of the barrier.
(f)
No tree should support any scaffolding, signs, temporary utility
or any other device. Topsoil is to be stockpiled in an area at least
eight feet from any tree designated to remain.
(6)
Topsoil preservation. No topsoil shall be removed from the site
or used as spoil, except excess topsoil remaining after all improvements
have been installed in accordance with an approved site plan or subdivision
map after topsoil has been redistributed. All topsoil moved during
the course of construction shall be redistributed on all regraded
surfaces so as to provide an even cover and shall be stabilized by
seeding or planting. All regraded areas and all lawn areas shall be
covered by a four-inch minimum thickness of topsoil. If sufficient
topsoil is not available on the site, topsoil meeting the requirements
of the standard specifications shall be provided to result in a four-inch
minimum thickness.
(7)
Removal of debris. All tree stumps and other tree parts or other
debris shall be removed from the site and disposed of in accordance
with law. No tree stumps, portions of a tree trunk or limbs shall
be buried anywhere in the development. All dead or dying trees, standing
or fallen, shall be removed from the site. If trees and limbs are
reduced to chips, they may, subject to the approval of the Township
Engineer, be used as mulch in landscaped areas.
(8)
Selective thinning. Throughout the development, except in areas
specifically designated to remain in their natural state, in landscaped
or buffer areas, on building lots and in open space areas for public
or quasi-public use, the developer shall selectively thin or remove
all dead or dying vegetation, either standing or fallen, and shall
remove, including grubbing out stumps, all undesirable trees and other
growth.
B.
Buffer areas.
(1)
All proposed uses, other than single-family and two-family dwellings
shall provide buffer areas along all side and rear property lines
which abut areas zoned for residential use and along front property
lines on local, minor collector and major collector streets which
abut areas zoned for residential use. Except as may otherwise be provided
in this chapter, the width of the buffer area shall be not less than
10 feet or more than 50 feet, in accordance with the minimum provided
for in the following schedule or as determined to be appropriate by
the municipal agency.
(2)
If a proposed residential subdivision abuts a major collector
or minor or major arterial or an area zoned for or occupied by nonresidential
uses, the municipal agency shall consider the need for buffer areas
and may require that:
(a)
A buffer strip not exceeding 50 feet in width be provided and
maintained in its natural state and/or suitably planted with screening
and landscaping;
(b)
The adjacent lots front on an interior street and have sufficient
depth to provide suitable screening and landscaping planted at the
rear; or
(c)
Other suitable means of separation be provided.
(3)
Buffer areas shall be maintained and kept free of all debris,
rubbish, weeds and tall grass.
(4)
No structure, storage of materials or parking of vehicles shall
be permitted within the buffer area, except that, where permitted
by the municipal agency, the buffer area may be broken for vehicular
or pedestrian access and appropriate directional and safety signs
provided.
(5)
Prohibited activities within buffer areas:
(a)
Removal, excavation, grading or disturbance of the soil.
(b)
Dumping or filling with any materials.
(c)
Erection of structures.
(d)
Placement of pavements or any impervious cover.
(e)
Destruction of plant life which would alter the existing pattern
of vegetation or cause substantial change of the buffer, including
but not limited to clear cutting, burning or application of herbicides.
(6)
Conditional activities. The following activities may be conducted
in buffer areas, provided that the activities are performed in a manner
that minimizes adverse effects to the buffer area:
(a)
Normal property maintenance, which means activities required
to maintain lawfully existing artificial and natural features, and
landscaping.
(b)
Mowing of existing lawn or field.
(c)
Pruning of trees and shrubs.
(d)
Selective cutting of trees with the approval of the Township
Forester.
(e)
Replacement of existing nonnative plants with either native
or nonnative species.
(f)
Limited supplemental planting of nonnative species that will
not significantly change the character of the existing vegetational
community of the buffer area. The creation of lawn is not considered
supplemental planting.
(g)
Planting of native species.
(h)
Maintenance of artificial features, including the repair, rehabilitation,
replacement, maintenance or reconstruction of any previously authorized
serviceable structure.
(i)
Temporary placement of scaffolds, ladders or construction supports
for a period not to exceed six months.
(j)
Removal of human-made debris by nonmechanical means which does
not destroy woody vegetation.
C.
Screening. Within required buffer areas, there shall be provided
screening in accordance with the following regulations:
(1)
Location.
(a)
The location of screening within buffer areas wider than 20
feet shall be arranged in order to provide maximum protection to adjacent
properties and to avoid damage to or interference within desirable
existing plant material and shall be subject to approval by the municipal
agency. Possible arrangements include but are not limited to those
shown in Exhibits 109-3, 109-4 and 109-5.[1]
[1]
Editor's Note: Exhibits 109-3, 109-4 and 109-5 are included
at the end of this chapter.
(b)
Those portions of the buffer area not included within the screening
strip shall either contain existing vegetation approved by the municipal
agency and/or be planted with trees and shrubs in accordance with
a landscaping plan approved by the municipal agency.
(2)
Except as otherwise provided elsewhere in this chapter, the
screening area shall be a minimum of 20 feet in width and shall be
planted with evergreen trees approved by the municipal agency. Trees
shall be planted in two staggered rows eight feet apart and shall
be between five feet and six feet in height and shall conform to the
current American Standard for Nursery Stock sponsored by the American
Association of Nurserymen, Inc. Within each row, the trees shall be
planted on six-foot centers. (See Exhibit 109-6 at the end of this
chapter.)
(3)
Where significant trees or significant native vegetation exists
within a screening area, they should be retained and supplemented
with shade-tolerant evergreen plantings to provide the equivalent
of the required screening as determined by the municipal agency.
(4)
Where all proposed buildings, parking areas and other improvements
are located 100 feet or more from a property line abutting a residential
zone or use, the municipal agency may permit a screening area 10 feet
in width planted with a single row of evergreen trees in a location
approved by the municipal agency, planted at five-foot intervals with
a minimum height of five feet to six feet to be substituted for the
screening area required in Exhibit 109-6. (See Exhibit 109-7 at the
end of this chapter.)
(5)
The required height for a screening area shall be measured in
relationship to the elevation of the land at the nearest required
rear, side or front yard setback line of the abutting residential
zone or use. Where the average ground elevation of the location at
which the screening strip is to be planted is less than the average
ground elevation at the nearest required rear, side or front setback
line on the abutting residential zone or use, the municipal agency
may require that the height of trees planted in the required screening
strip be increased by an amount equal to the difference in elevation.
Where the average ground elevation of the location which the screening
strip is to be planted is greater than the average ground elevation
at the nearest required rear, side or front setback line on the abutting
residential zone or use, the municipal agency may permit the height
of trees planted in the required screening strips to be decreased
by an amount equal to 1/2 the difference in elevation, except that
in no case shall the required height be reduced to less than four
feet.
(6)
All trees in a screening area shall be watered weekly through
the first growing season. The developer shall construct an earth saucer
around each tree to hold water and fill with suitable mulch. Trees
shall be nursery-grown, balled and bagged, sheared and shaped, of
the required height and planted according to standards of the American
Association of Nurserymen, Inc.
(7)
At the following locations within required screening areas,
evergreen shrubs with a maximum mature height of 30 inches or less,
approved by the municipal agency as to type, location and spacing,
shall be provided in lieu of the evergreen trees specified above:
(8)
Waiver. The municipal agency, after recommendation by its professional
staff and Environmental Commission, and after examination and review,
may waive, fully or partially, provisions of this section in heavily
wooded areas, in areas unsuitable for plantings or because of other
exceptional conditions and/or may require supplementary plantings.
D.
Shade trees. In each subdivision of land, the developer shall plant
trees in accordance with the following:
(1)
Within shade tree easements, or between the sidewalk and property
line where easements are not provided, shade trees shall be planted
at a minimum distance of 40 feet apart and a maximum of 50 feet apart.
(2)
Shade trees shall be planted a minimum of five feet from sidewalks
and driveways and a minimum of 25 feet from street intersections or
streetlights.
(3)
In addition to required street trees where existing trees to
be saved are insufficient, the developer shall plant supplemental
shade trees such that each lot shall have shade trees at a minimum
rate of six shade trees per acre of lot area. The Planning Board may
require, at its discretion, additional shade tree plantings based
upon site conditions.
A.
Lot and block numbers.
(1)
In accordance with the Tax Map specifications of the State of
New Jersey dated May 1975, prepared by the State of New Jersey Department
of the Treasury, as amended, subdivided lots and blocks shall generally
bear the original numbers with a number added as a subscript. The
use of letter designations shall particularly be avoided.
(2)
Prior to final plat approval by the municipal agency, two (2)
copies of the map shall be submitted to the Tax Map Consultant for
proper assignment of lot and block numbers. One copy of said map shall
be returned with the new lot and block numbers shown. The other copy
will be retained for Tax Map purposes.
B.
House numbers. House numbers shall be assigned each lot by the Township
Engineer prior to final plat approval by the municipal agency.
C.
Area and side lot lines. Except as otherwise provided in this chapter,
lot dimensions and area shall not be less than the requirements of
the particular zoning district. Insofar as is practical, side lot
lines shall be at right angles to straight streets and radial to curved
streets.
D.
Lot frontage. Each lot shall front on an improved street accepted
or to be accepted by the Township.
E.
Lot line on widened street. Where extra width is to be provided for
the widening of existing streets, lot measurements shall begin at
the proposed right-of-way line, and all setbacks shall be measured
from such lines, unless otherwise provided by this chapter.
F.
Unsuitable lots. All lots shall be suitable for the purpose for which
they are intended to be used. To prevent the use of lots which are
not suitable because of adverse topography, rock formation, wetlands,
flood conditions or similar circumstances, the municipal agency may
require such revisions in a layout of the subdivision as will accomplish
one of the following:
(1)
That the area of the unsuitable lot is included in other lots
by increasing the size of the remaining lots.
(2)
That it is included in an area to be deeded to the Township
or other public or quasi-public body and will be held in its natural
state for conservation and/or recreation purposes.
(3)
That some other suitable arrangement is made.
G.
Driveways.
(1)
All structures must be accessible by means of a driveway which
shall be not less than 10 feet wide and which shall have a center-line
grade of not less than 0.5% and not greater than 10%.
(2)
All non-single-family uses shall provide on-site turnarounds
to eliminate the necessity of any vehicles backing onto any street.
(3)
Driveways for all non-single-family uses shall be constructed in accordance with the requirements of § 244-197.
(4)
Driveways for single-family uses shall be constructed of bituminous
concrete, portland concrete or gravel according to the following specifications:
(a)
Bituminous concrete driveways shall consist of 1 1/2 inches
of bituminous concrete Type FABC on a six-inch-thick crushed-stone
base.
(b)
Concrete driveways shall consist of a minimum of four-inch-thick
Class B concrete, shall be air-entrained and shall be reinforced with
10/10 welded wire fabrics six inches by six inches or the equivalent
approved by the Township Engineer.
(c)
Driveways fronting on other than minor streets shall be T-type,
or an equivalent approved by the Township Engineer, permitting vehicles
to turn around in the driveway areas.
(d)
Driveways for their entire length and at the sidewalk or property
line shall be a minimum of 12 feet wide for a one-car driveway and
16 feet for a two-car driveway.
(e)
Driveways must be extended to the existing edge of the pavement,
curbline or edge of roadway and shall be a minimum of 14 feet in width
and tapering to not less than 12 feet at the property line or sidewalk
for a one-car driveway and 18 feet in width tapering to not less than
16 feet for a two-car driveway.
(f)
If proposed front yard building setbacks are a minimum of 20 feet in excess of the required front yard setback, a minimum of six inches of compacted stone may be substituted for a paved driveway. Except for driveways on unimproved roadways, the driveway must be confined at its terminus at the roadway with either a concrete apron or sidewalk meeting the requirements of § 244-203 to prevent the stone from accumulating on the roadway.
Monuments shall be of a size and shape required by Section 4
of Chapter 358 of the Laws of 1953[1] and shall be placed in accordance with said statute.
[1]
Editor's Note: See now N.J.S.A. 46:23-9.9 et seq.
A.
For every building, structure or part thereof having over 10,000
square feet of gross floor area erected and occupied for any use other
than residential, there shall be provided at least one truck standing,
loading and unloading space on the premises, not less than 12 feet
in width, 35 feet in length and with a minimum vertical clearance
of 14 feet. Buildings that contain an excess of 15,000 square feet
of gross floor area shall be required to provide additional off-street
loading spaces as determined by the municipal agency during site plan
review.
B.
Access to truck standing, loading and unloading areas shall not be
provided directly from a public street or alley or from any right-of-way.
C.
Unless otherwise permitted, fire zones designated by the Jackson
Township Bureau of Fire Prevention shall not be used as standing,
loading or unloading areas.
D.
Loading areas, as required under this section, shall be provided
in addition to off-street parking spaces and shall not be considered
as supplying off-street parking spaces and shall not be located within
any driveway aisle or conflict with parking space access.
E.
No off-street loading and unloading area shall be permitted in any
required front yard area.
[Amended 6-8-1998 by Ord. No. 15-98]
In all zoning districts and in connection with every industrial,
commercial, institutional/professional, recreational, or any other
use, there shall be provided off-street parking spaces in accordance
with the following requirements and parking lot standards:
A.
Type of parking permitted. Each dead storage bay of an off-street
parking space may be perpendicular to the aisle, parallel to the aisle
or at any angle between 60° and 90°. No angle parking layout
shall be permitted with an angle of less than 60°.
B.
Stall size.
(1)
Automobiles. Each perpendicular or angle off-street parking
space shall occupy a rectangular area of not less than nine feet in
width and 18 feet in depth exclusive of access drives and aisles,
except that parking spaces for the physically handicapped shall be
12 feet wide. The Planning Board may, at its sole discretion, require
that all or a portion of required off-street parking spaces be a minimum
of 10 feet in width. Where sidewalks occur in parking areas, parked
vehicles shall not overhang or extend over the sidewalk unless an
additional sidewalk width of two feet is provided in order to accommodate
such overhang. Parallel parking spaces shall occupy a rectangular
area of 10 feet by 23 feet.
(2)
Other vehicles.
(a)
Uses that own, rent or service motor vehicles larger than automobiles
which must be parked and/or stored on the site shall indicate, in
a statement of operations submitted with the site plan, the size of
such vehicles and the anticipated largest number of such vehicles
to be stored and/or parked on the site at any single time, and the
site plan shall show a sufficient number of parking and/or storage
stalls at an adequate size for the largest number of such vehicles
to be parked and/or stored on the site at any one time. Aisles providing
for access to such parking and/or storage stalls shall be of adequate
width for the vehicles to be served.
(b)
Failure of an applicant to indicate, where applicable, in the
statement of operations that vehicles larger than automobiles are
to be parked and/or stored on the site and provide for such parking
and/or storage on the site plan shall be a violation of this chapter,
and any building permit or certificate of occupancy that has been
issued shall not be valid and may be revoked.
(c)
Any change of use to a use which requires parking and/or storage
space for a greater number of vehicles larger than automobiles than
the previous use shall be required to make application for site plan
approval.
C.
Aisle widths.
(1)
Aisles from which cars directly enter or leave parking spaces
shall not be less than 24 feet wide for perpendicular parking or for
parking at any angle greater than 60° and 20 feet wide for sixty-degree-angle
parking, except that all two-way aisles shall be a minimum of 24 feet
wide.
(2)
Only angle parking stalls or parallel parking stalls shall be
used with one-way aisles.
D.
Access drives.
(1)
Entrance and exit drives shall have a minimum width of 18 feet
for those designed for one-way traffic and 24 feet for those carrying
two-way traffic.
(2)
Parking areas for 25 or more cars and access drives for all
parking areas on major or minor arterials shall provide curbed return
radii of not less than 15 feet for all right-turn movements and left-turn
access from one-way streets and concrete aprons on entrance and exit
drives.
E.
Paint striping. All parking areas shall provide paint striping to
delineate parking stalls, barrier lines, lane lines, directional arrows,
stop lines, fire lanes and other striping as may be required to ensure
safe and convenient traffic circulation. Such striping shall be in
substantial conformance with the Uniform Manual on Traffic Control
Devices.
F.
Traffic signs. All parking areas shall provide traffic control signs
and devices necessary to ensure safe and convenient traffic circulation.
Such devices shall be in substantial conformance with the Uniform
Manual on Traffic Control Devices.
G.
Curbing. The perimeter of all parking areas and internal islands
within all parking areas open to the general public shall have continuous
cast-in-place concrete curbing (see Exhibit 109-1 at the end of this
chapter) with a six-inch face or such alternate curb types as may
be approved by the municipal agency at the time of site plan approval.
The municipal agency may waive the requirement for curb areas open
only to service vehicles or for loading and unloading, provided that
drainage, vehicle control and safety are properly accommodated by
alternate means.
H.
Paving. All parking areas shall provide pavement in accordance with the requirements of local street and minor collector streets set forth in § 244-210, except as follows:
(1)
Parking areas for fewer than 25 cars, which the municipal agency determines are not likely to be utilized by heavy truck traffic or drive-up window service, may be paved with two inches of pavement, Type FABC-1, over a six-inch gravel base, all in accordance with the specifications contained in § 244-196 of this chapter.
(2)
In parking areas for over 100 cars, the municipal agency may require that access drives and aisles provide a minimum surface of not less than two inches of pavement, Type FABC-1, a minimum bituminous stabilized base course of not less than three inches and a dense graded aggregate base course of six inches in conformance with the standards of § 244-210. Alternate design specifications may be approved subject to approval by the Township Engineer.
I.
Location of parking.
(1)
Parking areas in residential zones for uses other than single-family
and two-family dwellings may be located in the rear or side yard but
shall not be located in any required front yard setback.
(2)
No area shall be used for parking unless it is large enough
to provide for at least three contiguous stalls.
(3)
Where parking is permitted between the front building line and
the right-of-way line, whether by this chapter or variance, a safety
island or raised median separating the public street from the parking
area shall be provided in accordance with the following minimum requirements:
(a)
The width of the safety island shall be that width between the
proposed curbline and a point eight feet inside the property line.
When this width is less than 18 feet, the parking area shall be reduced
to provide a minimum width for the safety island of 18 feet. All required
tree and shrub plantings shall be placed on the on-site portion of
the safety island.
(b)
When perpendicular or angled parking spaces abut the safety
island, the stall depth may be measured from a point one foot outside
the face of the curb for perpendicular spaces or angled spaces greater
than 60° and two feet outside the face of curb for sixty-degree-angle
spaces. Such parking spaces shall be separated from access drives
by curbed islands with a minimum width of 10 feet.
(c)
Safety islands shall be landscaped, topsoiled and be provided
with a cover or mulch of maintenance-free materials which provide
a clear and unmistakable distinction between the parking area and
the safety island.
(d)
Notwithstanding the use of maintenance-free materials, there
shall be provided an average of at least one deciduous tree two inches
in diameter at breast height every 40 feet, or part thereof, on all
safety islands. For each tree provided, a minimum of three shrubs
shall also be planted. The portions of the safety island within 25
feet of any access drive or street intersection shall be planted with
shrubs less than 30 inches in height. The plantings provided need
not be arbitrarily arranged in regular, geometric patterns. Continuous
massing of plants of single species and plantings which visually relate
and unify the design are preferable. Alternate or additional plantings
may be permitted by the municipal agency in accordance with an approved
site plan. All parking lot landscaping shall be of such quality as
to improve and enhance the site and its surrounding areas. Appropriate
places for landscaping include the raised walkways or sidewalk areas
at the end of bays and in specific planting islands established throughout
the lots. In narrow islands, low-spreading and low-maintenance plants
shall be used. Where more space is available, taller shrubs shall
be used.
(e)
No commercial signs, light standards or other aboveground obstructions
other than plantings and traffic control devices and signs shall be
permitted within 10 feet of the street right-of-way.
(4)
All required parking spaces and facilities shall be located
on the same lot or parcel as the structure or use it shall serve.
In the case of nonresidential uses, parking facilities may be provided
on other lots or parcels within a radius of 300 feet from the boundary
of the lot containing the use to which said parking spaces and facilities
are accessory, provided that said lots are in the same ownership as
the lot containing the principal use and subject to deed restrictions
binding the owner and his heirs, successors and assigns to maintain
the required number of spaces available and required facilities throughout
the life of such use.
(5)
Required parking spaces for the physically handicapped shall
be located to provide convenient access to building entrances by way
of depressed curbs and ramps in accordance with state regulations.
Parking spaces for the physically handicapped shall be a minimum of
12 feet in width, and the number of spaces to be provided shall be
determined by the following table:
Total Parking Spaces in Parking Area
|
Minimum Number of Spaces to be Provided for Physically
Handicapped
| |
---|---|---|
Up to 50
|
1
| |
51 to 200
|
2
| |
Over 200
|
2, plus 1% of the number of spaces over 200 rounded to the next
higher whole number
|
J.
Number of parking lot spaces.
(1)
Parking lots having 50 or fewer spaces shall be designed to
provide the following minimum design requirements:
(a)
A safety island in accordance with Subsection I above, where parking is provided in the front yard area.
(b)
An unbroken landscaping strip along side and rear property lines
a minimum of 10 feet in width. These landscaping strips shall have
the same minimum planting requirements as safety islands, except that:
(c)
Not more than one two-way access drive or two one-way access
drives shall be permitted on any street.
(d)
Where possible, access drives shall not be located closer than
100 feet to the nearest right-of-way line of an intersecting street.
(e)
No parking stall shall be located to require a vehicle to back
into any portion of the right-of-way in order to enter or exit the
parking stall.
(f)
All parking areas for 10 or more vehicles shall have artificial
lighting that will provide a minimum lighting level of 0.5 horizontal
footcandle throughout the parking area and access drives. For multifamily
uses, such lights shall be operated from dusk to dawn and for all
other uses when the site or structure is occupied. Freestanding light
poles shall be no higher than the height of the highest principal
building or 30 feet, whichever is less. Shielding shall be required
where necessary to prevent light trespass glare upon adjacent properties
or streets.
(2)
Large parking areas.
(a)
Parking lots which have a capacity for parking more than 50
vehicles shall incorporate the following minimum design standards:
[1]
All the minimum design standards for small parking areas.
[2]
Entrance and exit drives.
[a]
All entrance drives shall extend a minimum distance
of 100 feet back from the street right-of-way or to a parking access
aisle or major circulation drive.
[b]
All exit drives shall extend a minimum distance
of 60 feet back from the street curb or to a parking access aisle
or major circulation drive.
[c]
No parking stalls shall utilize the required entrance
and exit drives or major circulation drives as parking access aisles.
[3]
Access drives.
[a]
Wherever feasible, access drives located along
one-way streets or divided roadways shall be separated one-way drives.
Said drives shall be located so that vehicles enter the parking area
at the beginning of the property and exit at the far end of the property
unless other considerations, such as a median opening, dictate otherwise.
[b]
Access drives shall not be located closer than
100 feet to the nearest right-of-way line of an intersecting street,
except that for uses such as shopping centers which, in the opinion
of the municipal agency, will generate large traffic volumes, access
drives shall not be located closer than 200 feet to the nearest right-of-way
line of an intersecting street.
[c]
No driveway shall be located less than 10 feet
from the side property line or within 30 feet of an existing drive,
whichever is greater.
[d]
Properties having a continuous frontage in excess
of 500 feet on any one street shall be permitted two-way and one-way
access drives providing for not more than two entrance and two exit
movements on the street. Properties having a continuous frontage in
excess of 1,000 feet on any one street may be permitted to have additional
access drives subject to the approval of the municipal agency.
(b)
Where the municipal agency determines that the total number
of off-street parking spaces required by this chapter may not be immediately
required for a particular use, it may permit a staged development
plan which requires that only a portion of the parking area, but not
less than 65% of the required spaces, be completed initially, subject
to the following regulations:
[1]
The site plan shall clearly indicate both that portion of the
parking area to be initially paved and the total parking needed to
provide the number of spaces required by this chapter.
[2]
The site plan shall provide for adequate drainage of both the
partial and total parking areas.
[3]
The portion of the parking area not to be paved initially shall
be landscaped in accordance with a plan approved by the municipal
agency.
[4]
The applicant shall post separate performance guaranties, in addition to the performance guaranties required under Article V of this chapter, which shall reflect the cost of installing the additional parking facilities necessary to provide the total number of parking spaces required.
[5]
In lieu of a permanent certificate of occupancy, a temporary
certificate of occupancy shall be issued for a time period not to
exceed two years. Prior to the expiration of the allotted time period,
the applicant may either install the additional parking shown on the
approved site plan and apply to the Construction Official for issuance
of a permanent certificate of occupancy or apply to the municipal
agency after the use has been in operation a minimum of 18 months
for a determination as to whether or not the initial parking area
provided is adequate. If the municipal agency determines that the
parking facility is adequate as originally constructed, the performance
guaranties may be released and a permanent certificate of occupancy
issued. If, however, the municipal agency determines that the partial
off-street parking area is not adequate, the applicant shall be required
to install the additional parking facilities in accordance with the
terms of the performance guaranties prior to the issuance of a permanent
certificate of occupancy.
[6]
Any change of use, on a lot or parcel for which the municipal
agency may have approved a partial paving of off-street parking areas,
to a use which requires more parking spaces than are provided on the
site shall require submission of a new site plan for the entire lot
or parcel.
K.
Parking area landscaping. Landscape island areas should be provided
at the end of parking rows where parking access aisles intersect circulation
drives. In addition, large parking areas should provide landscaped
dividing strips which separate the parking area into smaller areas
containing 50 spaces or less. The plantings required within the parking
area shall be considered exclusive from any other plantings that may
be required for screening or safety island planting. All landscaping
for end islands and dividing strips shall be shown as part of the
detailed landscaping plan submission, where required. The following
criteria shall apply for internal landscaped end islands and dividing
strips:
(1)
They should have a minimum width of 10 feet.
(2)
They shall be topsoiled, and turf grass or other vegetative
ground cover shall be provided. The use of maintenance-free material
other than seeding and topsoil may be permitted if the same provides
a safe and attractive alternative.
(3)
Unless otherwise approved by the municipal agency, they shall be planted with deciduous trees of two-inch diameter at breast height with an average distance between trees at ground level of 40 feet. All trees shall be planted in a dormant state and in accordance with the appropriate requirements of § 244-193. The area between trees shall be planted with an average of three shrubs. The plantings provided need not be arbitrarily arranged in regular geometric patterns. Continuous massing of plants of single species, and plantings which visually relate and unify the design are preferable.
(4)
The depth of perpendicular or angled parking stalls which abut
a landscaped dividing strip may be measured from a point one foot
outside the face of the curb for perpendicular spaces or angled spaces
greater than 60° and two feet outside the face of the curb for
sixty-degree-angle spaces.
L.
Retaining walls and embankment slopes.
(1)
In the event that parking is proposed on a lot or site having
a slope greater than 10%, regardless of size, it shall be terraced,
utilizing retaining walls or properly reinforced embankment slopes
and providing for adequate safety, stability and drainage. At no time
should an embankment slope that is not reinforced, or any other earthen
material having a greater elevation than the adjacent parking area,
have a slope exceeding a ratio of 3:1.
(2)
When retaining walls, terraces, embankment slopes or similar
types of earthen retaining devices are necessitated adjacent to or
within the parking area, they shall be kept in good repair or otherwise
maintained so as to keep the parking area free of debris and dirt.
M.
Access to adjoining property. No unrestricted vehicular access shall
be permitted between adjacent properties. Vehicular access, if agreed
upon by the owners or possessors of adjacent properties, or if required
by the municipal agency, shall normally be limited to one opening
with a minimum aisle width of 24 feet, providing two lanes of traffic,
and shall be located in such a manner as to offer continuity of a
similar access drive on the adjacent property. The opening shall occur
at a point having the greatest distance from the street line which
would facilitate the joining of properties. Access shall normally
be denied across the remainder of the side lines by construction of
a landscaped dividing strip, 10 feet in width, on the property being
developed. If and when the adjacent property is developed, there shall
be a similar dividing strip at least 10 feet wide. All dividing strips
shall be landscaped as provided in this section. The municipal agency
may also require that provision be made for future connection to adjacent
undeveloped properties.
N.
Required parking spaces.
(1)
Minimum off-street parking spaces required.
Type of Establishment
|
Number of Spaces
| ||
---|---|---|---|
Automobile repair shop
|
1 for each 400 square feet of gross floor area
| ||
Automobile sales establishment
|
1 for each 400 square feet of gross floor area shall be provided
for customer and employee parking. These areas shall be in addition
to areas utilized for display and storage of vehicles. Site plans
shall specify which parking spaces are designated for customers, employees,
display and storage.
| ||
Automobile service station
|
5 for each service bay, exclusive of vehicle service area. In
no instance shall there be fewer than 5 off-street parking spaces.
| ||
Banks, savings and loan associations and similar financial institutions
|
1 for each 200 square feet of gross floor area
| ||
Bar, cocktail lounge, nightclub, including restaurants with
bars
|
1 for each 50 square feet of gross floor area
| ||
Barber and beauty shop
|
3 for each chair (if known), but not less than 1 per 200 square
of gross floor area
| ||
Boat sales
|
1 1/2 for each 1,000 square feet of land area in the site
| ||
Bowling alley
|
5 for each alley. Other commercial uses within the same building
will be computed separately in accordance with this section.
| ||
Business offices
[Amended 12-23-2002 by Ord. No. 50-02] |
1 for each 200 square feet of gross floor area
| ||
Car washes
|
5 for employees, plus off-street storage (stacking) space equal
to at least 5 times the number of cars that can be in the wash process
at 1 time
| ||
Churches and places of worship
|
1 for each 4 seats in the main congregation seating area. Where
no individual seats are provided, 20 inches of bench shall be considered
as 1 seat. Where seats or benches are not provided or are provided
only in a portion of the main congregation seating area, there shall
be 1 parking space for each 50 square feet of floor area within the
main congregation seating area.
| ||
Community center, library, museum, art gallery
|
1 for each 200 square feet of gross floor area
| ||
Community club, private club, lodge
|
1 for each 100 square feet of gross floor area
| ||
Convalescent home, nursing home, rest home
|
1 for each 2 beds, based on its licensed bed capacity
| ||
Convention or conference center, meeting rooms, assembly or
exhibition hall
|
1 for each 50 square feet of gross floor area
| ||
Dwellings
|
2 for each dwelling unit in single-family homes, 2-family homes,
attached dwellings or multifamily dwellings
| ||
Dental or medical offices
[Amended 12-23-2002 by Ord. No. 50-02] |
1 for each 150 square feet of gross floor area, except that
if located within a building housing 3 or more separate, unassociated
practitioners, the requirement shall be 1 parking space for each 200
square feet of floor area
| ||
Drive-in restaurant
|
1 for each 35 square feet of gross floor area
| ||
Driving range, miniature golf
|
1 for each tee or hole
| ||
Farmers' market
|
1 for each 1,000 square feet of land area in the site
| ||
Furniture and appliance stores or similar types of uses requiring
large amounts of storage
|
1 for each 400 square feet up to 4,000 square feet, plus 1 parking
space for each 800 square feet of gross floor area above 4,000 square
feet
| ||
Government office
|
To be determined by the municipal agency, except that governmental
offices within privately owned buildings shall provide a minimum of
1 parking space for each 150 square feet of gross floor area
| ||
Hardware and auto supply stores
|
1 for each 400 square feet of gross floor area
| ||
Hospital (general, mental, sanatorium)
|
1 for each 2 beds based on its licensed capacity
| ||
Hotel, motel
|
1 for each guest unit, plus 10 for each 1,000 square feet of
gross floor area devoted to other commercial uses
| ||
Laundromat or similar coin-operated cleaning establishment
|
1 for each 200 square feet of gross floor area
| ||
Manufacturing or industrial establishment, research or testing
laboratory, bottling plant or similar uses
|
1 for each 500 square feet of gross floor area
| ||
Mortuary, funeral home
|
1 for every 100 square feet of gross floor area
| ||
Nursery school, child-care center, day camp or similar use
|
1 for each 500 square feet of gross floor area
| ||
Professional office
[Amended 12-23-2002 by Ord. No. 50-02] |
1 for each 200 square feet of gross floor area
| ||
Public and private utilities, electrical substation, gas regulator,
waterworks, pumping station and similar facilities
|
To be determined by the municipal agency based on the specific
need of the use
| ||
Restaurant, cafe, diner, luncheonette
|
1 for each 50 square feet of gross floor area
| ||
Recreation facilities
|
Those not specifically mentioned shall be determined by the
municipal agency
| ||
Retail stores, except otherwise specified
[Amended 12-23-2002 by Ord. No. 50-02] |
1 for each 200 square feet of gross floor area
| ||
Studio (art, music, dance, gymnastics and similar for the purpose
of giving instruction rather than shows or exhibitions)
|
1 for each 100 square feet of gross floor area
| ||
Schools
| |||
Elementary
|
1 for each 8 students based on design capacity
| ||
Middle or junior high school
|
1 for each 5 students based on design capacity
| ||
High school
|
1 for each 3 students based on design capacity
| ||
College or university
|
1 for each 1 1/2 students based on design capacity
| ||
Shopping centers
|
6 for each 1,000 square feet of gross floor area for centers
having less than 500,000 square feet. Shopping centers having 500,000
square feet or more shall provide parking at the rate of 5.5 spaces
for each 1,000 square feet of gross floor area, except that if the
use of said formula shall produce 2,500 parking spaces or more, then
parking shall be provided at the rate of 5 spaces for each 1,000 square
feet of gross floor area. If more than 5% of the enclosed gross floor
area of any shopping center is occupied by malls, lobbies, corridors,
heating plants or other space not utilized for direct commercial purposes
which, in the opinion of the municipal agency, will not generate a
need for parking, the municipal agency may allow the parking required
to be based on the gross leasable area of the shopping center at the
above rate. The "gross leasable area," for the purpose of this chapter,
shall be defined as the total floor area designed for tenant occupancy
and exclusive use, including basements, mezzanines and upper floors.
| ||
Stadium
|
1 for every 2 1/2 seats, plus an area designed and designated
to accommodate buses at a rate of 1 bus for every 500 seats
| ||
Theater
|
1 for each 35 square feet of gross floor area
| ||
Veterinary clinics or hospitals or animal care facilities
|
1 for each 400 square feet of gross floor area
| ||
Warehouse, wholesale, machinery or large equipment sales
|
1 for each 1,500 square feet of gross floor area, plus 1 for
each vehicle used in connection with the business
|
(2)
Criteria for determining required parking spaces.
(a)
In computing the number of the above required parking spaces,
the following rules shall govern:
[1]
Where fractional spaces result, the required number shall be
construed to be the nearest whole number.
[2]
The parking space requirements for a use not specifically mentioned
herein shall be the same as required for a use of similar nature as
determined by the municipal agency based upon that use enumerated
herein which is most similar to the proposed use. If there is no use
enumerated herein having sufficient similarity to the use proposed
to enable the municipal agency to establish rational parking requirements,
the municipal agency may, in its discretion, direct the applicant
to furnish the municipal agency with such data as may be necessary
to enable the municipal agency to establish rational parking requirements.
(b)
Nothing in the above requirements shall be construed to prevent
the joint use of off-street parking facilities by two or more uses
on the same site, provided that the total of such spaces shall not
be less than the sum of the requirements for various individual uses
computed separately by the above requirements.
(c)
No part of off-street parking required by a structure or use
shall be included as part of an off-street parking requirement of
another use.
[Added 6-8-1998 by Ord. No. 15-98]
Off-street parking requirements for residential developments
shall be in compliance with, and all parking areas shall be designed
and constructed in accordance with, Subchapter 4 (Streets and Parking)
of N.J.A.C. 5:21 (Residential Site Improvement Standards), as amended.
Common open space or public open space areas proposed to be
provided in conjunction with applications for development for subdivisions
or site plans shall be subject to the following requirements:
A.
Open space requirements. For the purposes of this section, the term
"open space" is defined to mean any area of land (exclusive of lot
yard requirements, streets, utility rights-of-way and detention basins)
or water which is open to the sky and which is dedicated, designated
or set aside for active or passive recreational use. Open space areas
within developments in the MF, MHP, PRC, PMURD, PMUD, R-2, R-3, R-5,
R-9, R-15, R-20, PV, RG-2, RG-3 and RG-4 zoning districts shall be
subject to all provisions of this section and the following specific
requirements:
[Amended 5-12-2003 by Ord. No. 6-03]
(1)
A minimum of 40% in the MF Zone; 30% in the MHP PRC, PMURD and
PMUD Zones; and 10% in the R-2, R-3, R-5, R-9, R-15, R-20, PV, RG-2,
RG-3 and RG-4 Zones of the tract of land proposed for development
shall not be included in building lots or streets and shall be set
aside for open space. In the R-2, R-3, R-5, R-9, R-15, R-20, PV, RG-2,
RG-3 and RG-4 Zones, the requirement applies to subdivisions of 10
lots or 10 units or more.
(3)
Where feasible, the following land areas and features should
be preserved as open space:
(a)
Floodway and flood hazard areas, as defined in Chapter 210, Flood Damage Prevention, of the Code of the Township of Jackson.
(b)
Freshwater wetlands and adjacent buffer areas under the jurisdiction
of the New Jersey Department of Environmental Protection.
(c)
Land with slopes in excess of 15%.
(d)
Existing watercourses, ponds, bogs and swamps.
(e)
Land with a seasonal high water table of less than two feet.
Atsion, Berryland, Manahawkin, Mullica and Shrewsbury soils usually
have a seasonal high water table of less than two feet.
(4)
Within any development, a minimum of 50% of the open space area shall be land which can be developed for recreational use and shall be exclusive of the types of areas cited in Subsection A(3) above or required buffer areas. Stormwater management facilities shall not be included in the usable open space. If more than 50% of a tract of land is undevelopable wetlands, then the Planning Board may waive the open space requirement. Recreation facilities in accordance with § 244-200 may be constructed on the usable open space.
B.
Site preparation. Within open space areas, the municipal agency may
require a developer to make certain site preparation improvements,
which may include but are not limited to the following:
C.
Reservation of public areas.
(1)
If the Township Master Plan provides for the reservation of
designated streets, public drainageways, flood-control basins or public
areas within the proposed development, before approving a subdivision
or site plan, the municipal agency 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 municipal agency 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 municipality shall
have entered into a contract to purchase or institute condemnation
proceedings according to law for the fee or a lesser interest in the
land comprising such streets, ways, basins or areas, the developer
shall not be bound by such reservations shown on the plat and may
proceed to use such land for private use in accordance with applicable
development regulations. The provisions of this section shall not
apply to streets and roads, flood-control basins or public drainageways
necessitated by the subdivision or land development and required for
final approval.
(2)
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 shall not be limited to consideration of the
real property tax 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.
D.
Open space ownership.
(1)
The type of ownership of land dedicated for open space purposes
shall be selected by the owner, developer or subdivider subject to
the approval of the municipal agency and may include but is not necessarily
limited to the following:
(a)
The Township of Jackson, subject to acceptance by the Township
Committee.
(b)
Other public jurisdictions or agencies, subject to their acceptance.
(c)
Quasi-public organizations, subject to their acceptance.
(d)
Homeowners' or condominium associations or organizations.
(e)
Shared, undivided interest by all property owners in the development.
(2)
Any lands dedicated for open space purposes shall contain appropriate
covenants and deed restrictions approved by the municipal agency,
which ensure that:
E.
Maintenance of common open space.
(1)
The Township or other governmental agency may, at any time and
from time to time, accept the dedication of land or any interest therein
for public use and maintenance, but the municipal agency shall not
require, as a condition of approval, that land proposed to be set
aside for common space be dedicated or made available to public use.
(2)
The developer shall provide for an organization for the ownership
and maintenance of any open space for the benefit of owners or residents
of the development, if said open space is not dedicated to the Township
or other governmental agency. Such organization shall not be dissolved
and shall not dispose of any open space, by sale or otherwise, except
to an organization conceived and established to own and maintain the
open space for the benefit of such development, and thereafter such
organization shall not be dissolved or dispose of any of its open
space without first offering to dedicate the same to the Township.
(3)
Failure to maintain; hearing.
(a)
In the event that such organization shall fail to maintain the
open space in reasonable order and condition, the Township Attorney
may serve written notice upon such organization or upon the owners
of the development setting forth the manner in which the organization
has failed to maintain the open space in reasonable condition, and
said notice shall include a demand that such deficiencies of maintenance
be cured within 35 days or any permitted extension thereof and shall
state the date and place of a hearing thereon, which shall be held
within 15 days of the notice.
(b)
At such hearing, the Township, in order to preserve the open
space and maintain the same for a period of one year, may enter upon
and maintain such land. Said entry and maintenance shall not vest
in the public any rights to use the open space except when the same
is voluntarily dedicated to the public by the owners.
(c)
Before the expiration of said year, the Township Attorney shall,
upon his initiative or upon the request of the organization theretofore
responsible for the maintenance of the open space, call a public hearing
upon 15 days' written notice to such organization and to the owners
of the development, to be held by the Township Attorney, at which
hearing such organization and the owners of the development shall
show cause why such maintenance by the Township shall not, at the
election of the Township, continue for a succeeding year.
(d)
If the Township Attorney shall determine that such organization
is ready and able to maintain said open space in reasonable condition,
the Township shall cease to maintain said open space at the end of
said year. If the Township Attorney shall determine that such organization
is not ready and able to maintain said open space in a reasonable
condition, the Township may, in its discretion, continue to maintain
said open space during the next succeeding year, subject to a similar
hearing and determination in each year thereafter. The decision of
the Township Attorney in any such case shall constitute a final administrative
decision subject to judicial review.
(4)
The cost of such maintenance by the Township shall be assessed
pro rata against the properties within the development that have a
right of enjoyment of the open space in accordance with assessed value
at the time of imposition of the lien and shall become a lien and
tax on said properties and shall be added to and be a part of the
taxes to be levied and assessed thereon and shall be enforced and
collected with interest by the same officers and in the same manner
as other taxes.
[Added 5-12-2003 by Ord. No. 6-03]
A.
All residential developments which will result in five dwelling units
or more shall provide recreational facilities in accordance with the
requirements of this section. The developed open space shall consist
of developable land devoid of buildings and other physical structures
except for outdoor recreational facilities.
(1)
Land provided in accordance with this section shall be provided
in a single area or in individual parcels to accommodate the proposed
recreation, but in any case not less than one acre in size.
(2)
For the purposes of this section, a single-family detached house
shall be deemed to contain three persons; a townhouse shall be deemed
to contain 2.5 persons; and a garden apartment shall be deemed to
contain two persons.
(3)
Development of open space area improvements and construction
of recreational facilities shall progress at the same rate as development
of the dwelling units. An overall phasing plan should be submitted
prior to final approval.
B.
The location, form and design of such areas shall be approved by
the reviewing board. The area specifically designated for recreational
purposes shall be fully usable for that purpose and shall have all
improvements as required by this section. Wherever possible, recreation
sites should be located next to adjacent school sites. The applicant
shall determine with the Township's approval whether the land to be
utilized for recreational purposes shall remain for private recreational
uses or be dedicated for public use.
(1)
Open space areas that will be maintained by a homeowners' association
or other private entity shall be recorded in the master deed and/or
homeowners' documents for each project. This will ensure permanent
preservation of the open space. Such documents shall be submitted
to the Planning Board prior to final approval of the project.
C.
Exception. In special circumstances where the development will result in at least five but no more than 10 dwelling units or where, due to the size, location and design requirements of the development, it is not feasible in the opinion of the reviewing board to set aside such area or areas for developed open space, the applicant shall make payment in lieu of the provision of such open recreation land to the Township. Such payments shall be placed in a special recreational open space land fund to be utilized solely for the purchase of or improvement of public recreational open space. Additionally, developers of five or more units in the FA-1, FA-2 and FA-3 Zones shall make a payment in lieu of providing facilities, since only low-intensity recreation is permitted in these zones. (See §§ 244-82A, 244-83A and 244-84A.)
(1)
The required amount of the contribution in lieu of providing
recreation facilities and equipment that would otherwise be required
for the proposed development shall be estimated based upon the value
of the land and the improvements. This estimated cost shall also account
for the value of the additional lots that the developer shall have
for sale as a result of not providing recreational space.
D.
Improvements. The developer shall install, as a minimum, the following
recreational facilities or their equivalent on the land which has
been set aside for recreational purposes.
(1)
The developer's recreation plans shall be submitted to the reviewing
boards for review and approval. The Board and its professional planner
and engineer shall evaluate the plans in terms of the following considerations:
(a)
District parks and preservation areas. A minimum standard of
10 acres per 1,000 persons is recommended. Large tracts of 50 acres
or more are preferable to scattered sites. Lands with mature vegetation,
high scenic qualities, historical significance, or other unique characteristics
are especially recommended.
(b)
Neighborhood playgrounds. A minimum standard of two acres per
1,000 persons is recommended. Individual sites should be three to
five acres in size and within walking distance of the people served.
Separate play areas for age groups one through five, six through ten
and eleven through fifteen should be included. Equipment for these
areas should be based on the recreation needs for each age group.
[1]
Infants through five-year-olds should have a sand area, small
swings, static play animals, a small sliding board, and other similar
equipment. A sitting area for parents should be provided in close
proximity to the play areas. Tricycle space and pavement should be
a part of this area.
[2]
Children through 10 years old are interested in movement, slides,
seesaws, balance beams, rope climbing areas, chin-up bars and other
similar equipment.
[3]
Children 11 through 15 are interested in two kinds of spaces,
a general use field where a Frisbee or a football can be thrown and
a space of identity for the age group. Bicycle paths and hills, jumps
and other similar features are recommended in this area. Landscaping
should provide shade and separation for each area.
(c)
Tennis courts. A recommended standard is one court per 1,500
persons.
(d)
Baseball diamonds. A recommended standard is one diamond for
every 3,000 persons.
(e)
Softball diamonds. A recommended standard is one softball diamond
for every 2,000 persons.
(f)
Football fields. A recommended standard is one football field
for every 10,000 persons.
(g)
Soccer fields. A recommended standard is one field per 3,000
persons.
(h)
Lacrosse/field hockey fields. A recommended standard is one
field per 4,000 persons.
(i)
Multipurpose/general-use fields. A recommended standard is one
field per 6,000 persons.
(j)
Basketball courts. A recommended standard is one hard-surface
play area with basketball nets for every 2,000 persons.
(k)
Picnic areas. One acre per 1,000 persons is recommended. This
use may be part of a district park.
(l)
Bike trails. One mile of five-foot-wide bituminous trail for
each 1,000 persons is recommended. These trails should link homes
with local recreation and service opportunities.
(m)
Jogging and fitness trails. One mile per 1,000 persons is recommended.
These should be integrated into district parks or create linkages
to other recreation areas.
(n)
Volleyball courts. A recommended standard is one court per 2,000
persons.
(o)
Street hockey. A recommended standard is one street hockey rink
per 8,000 persons.
(p)
Community pools. A recommended standard is one community pool
for every 25,000 persons.
(q)
Golf courses. A recommended standard is one golf course per
25,000 residents.
(2)
All improvements, play surfaces and equipment shall be constructed
and installed to current industry standards and in compliance with
all relevant laws, subject to review and approval by the Township
Engineer.
A.
When the effective operation of a building or structure, or equipment
within a building or structure, necessitates placing machinery, motors,
generators or similar devices for cooling, heating or generating purposes
outside or on top of any structure, they shall be screened from public
view. Said screening may consist of the following:
(1)
Densely planted evergreen shrubs, which shall grow to not less
than five feet after one growing season; and
(2)
A solid and uniform fence at least five feet in height on four
sides of said equipment; or
(3)
A masonry wall at least five feet in height on four sides of
said equipment; or
(4)
Extensions of parapet walls or mansard rooflines or structural
or ornamental screens or baffles; or
(5)
Any similar type of solid or uniform screening which will prevent
exposure of such equipment to public view.
B.
The above requirements shall not be construed to prevent an opening
in any required screening for maintenance purposes. However, any such
opening shall be made as inconspicuous as is possible so as not to
present any unsightly display of said equipment to public view.
A.
The design and construction or approval of all public systems or
extensions of existing system(s), either publicly or privately owned,
shall be under the jurisdiction of the Jackson Township Municipal
Utilities Authority or Ocean County Utilities Authority, as the case
may be.
B.
Prior to the approval of any final plat of a subdivision or site
plan, the full approval of any sewage disposal system must have been
obtained from the appropriate Utilities Authority and filed with the
municipal agency, or the final approval will be conditioned upon full
approval of the appropriate Utilities Authority.
C.
Septic systems.
(1)
In the event that the appropriate Utilities Authority determines
that the lots in any subdivision or site plan cannot be served at
the time of application by a public sewage disposal system, septic
systems may be installed, provided that:
(b)
They are installed in accordance with the regulations of the
Ocean County Board of Health.
(c)
The minimum lot size shall not be less than 40,000 square feet.
However, the Ocean County Board of Health may require a larger lot
size if it deems such increased lot size is necessary for such purposes.
In the Pinelands Area of the Township, minimum lot size shall be one
acre.
(d)
If any existing land drainage structures, such as french drains,
are encountered during the course of construction of any development,
no septic system or any part thereof shall be installed on any lot
within 400 feet thereof without the prior approval of the Ocean County
Board of Health. Such approval shall only be granted if new percolation
tests, taken at least two months after such drainage structures are
removed, show that satisfactory soil conditions exist and that installation
of such septic system in the area affected by the removal of the drainage
structures will not be detrimental to the health of the Township residents
or cause pollution of any of its water.
(e)
The developer conforms to all conditions set forth in the report
of the Utilities Authority which originally provided that public sewage
was not available.
(2)
Mounded disposal fields shall only be permitted upon approval
by the New Jersey Department of Environmental Protection, pursuant
to N.J.A.C. 7:9A-1.1 et seq.
D.
All private development utilizing public sewerage collection shall
be required to utilize a public water supply.
[Added 12-23-2002 by Ord. No. 50-02]
[Added 2-26-2008 by Ord. No. 08-08]
A.
Notwithstanding any provision to the contrary in Chapter 244, sidewalks and curbing shall be required along all street frontages as a condition relating to any development for which approval is granted by the Planning Board or Board of Adjustment. The proposed curbing shall be designed and constructed in accordance with the requirements of §§ 244-186 and 244-187, and the proposed sidewalk shall be designed and constructed in accordance with the requirements of §§ 244-204 and 244-205.
B.
Payment in lieu of sidewalk and curbing.
(1)
Any developer seeking approval may request a waiver of the requirement
to install curbing and sidewalks along all street frontages of the
subject property by agreeing to pay a sum to the Jackson Township
Pedestrian Safety Fund equal to the cost of said curbing and sidewalk.
Said cost shall be determined by the Township Engineer based on documented
construction costs for public improvements prevailing in the general
area of the municipality.
(2)
In determining whether to grant the requested waiver and accept
a payment in lieu of the installation of sidewalk and curbing, the
Planning Board or Board of Adjustment shall consider the following
factors:
(a)
The presence or absence of curbing and sidewalks in the general
vicinity of the subject property.
(b)
The practical difficulty as established by the applicant of
installing such improvements in or adjacent to the subject property
due to exceptional topographic conditions, drainage concerns and/or
the deleterious impact or surrounding properties as a result of the
installation of such improvements.
(c)
The recommendation of the Board or Township Engineer.
C.
Jackson Township Pedestrian Safety Fund.
(1)
There is hereby established the Jackson Township Pedestrian
Safety Fund (hereinafter "fund").
(2)
Said fund shall be dedicated to pay for the cost of designing
and constructing various pedestrian safety projects within Jackson
Township.
(3)
All monies paid by developers in accordance with this section
shall be deposited into said fund.
(4)
The Chief Financial Officer of the Township is hereby directed
to establish and maintain the fund and to make disbursements upon
the request of the Township Engineer for designated pedestrian safety
improvements.
[Added 6-8-1998 by Ord. No. 15-98]
Sidewalks and graded areas shall be designed and constructed
in accordance with Subchapter 4 (Streets and Parking) of N.J.A.C.
5:21 (Residential Site Improvement Standards), as amended.
[Amended 6-8-1998 by Ord. No. 15-98]
A.
General requirements.
(1)
Sidewalks shall be constructed on both sides of all streets
within a development and entirely around the perimeter of all culs-de-sac
except in the R-2 and R-3 Zones, where no sidewalks shall be required.
Where the development abuts an existing street, the sidewalk shall
be constructed only on that side. Sidewalks shall also be constructed
at any other places, such as pedestrian walkways or access points
to open space, as shown on or required at the approval of the final
plat.
(2)
The requirements of the standard specifications regarding curing
precautions must be strictly observed.
B.
Location. Sidewalks within street rights-of-way shall generally be
located with the sidewalk edge farthest from the roadway placed one
foot from the property line. Sidewalks not within street rights-of-way
shall be located to provide for the most likely routes of pedestrian
travel. In cases where the topography dictates or a proposed development
provides for the extension of an existing street or abuts an existing
street, where sidewalks have already been installed in a location
other than as specified above or where such variations in sidewalk
locations are needed to preserve trees or natural features, the municipal
agency may approve alternate sidewalk locations in order to provide
for the preservation of physical features or the continuation of the
existing sidewalks.
C.
Sidewalk construction.
(1)
Sidewalks shall be four feet wide and four inches thick, except
crossing driveways, where the thickness shall be increased to six
inches for residential uses and all drives to parking areas of less
than 100 spaces, and to eight inches for all other uses. Where the
municipal agency determines that a sidewalk may be subject to unusually
heavy pedestrian traffic, it may require that its width be increased
to maximum of eight feet. All sidewalk construction shall be in accordance
with the applicable requirements of the standard specifications. Concrete
shall be Class C, air-entrained. Preformed bituminous cellular joint
fillers 1/2 inch thick shall be placed at intervals not exceeding
20 feet. Dummy (formed) joints shall be cut into the concrete sidewalk
between the expansion joints at equal intervals not exceeding the
width of the sidewalk.
(2)
The sidewalk subgrade shall be compacted prior to the placement
of any sidewalk. Any unsuitable material encountered in the subgrade
shall be removed and replaced with suitable material acceptable to
the Township Engineer. All six-inch or eight-inch sidewalk areas crossing
driveways shall be reinforced at the midpoint or one-third points,
respectively, of the sidewalk section. Reinforcing shall be welded
wire fabric approved by the Township Engineer.
D.
Apron construction. Reinforced concrete aprons shall be constructed
at all driveways between the concrete curb (or combination curb and
gutter) and the concrete sidewalk. Such aprons shall be six inches
thick for residential uses and all drives to parking areas of less
than 100 spaces, and eight inches for all other uses, and shall be
reinforced with welded wire fabric approved by the Township Engineer,
located at the midpoint or one-third points, respectively, of the
apron section. Concrete shall be Class C, air-entrained. The width
of the apron at the curbline shall be not less than the width of the
driveway plus 10 feet or a minimum of 20 feet, whichever is greater.
E.
Driveway depressions. At each driveway without curb return radii,
the concrete curb or combination curb and gutter shall be depressed
to form a driveway opening. The depression shall be equal in length
to the width of the driveway plus two feet. At driveways with curb
return radii, the curb depression shall accommodate the exterior limits
of the radii. The depression shall be smoothly formed to maintain
a lowered curb face across the depression of at least one inch, but
not more than two inches. The bottom of the curb shall be lowered
to maintain full curb depth across the depression.
F.
Alternate sidewalk or apron types and/or locations.
(1)
In areas where alternate sidewalk or apron types and/or locations
are proposed or desired, either for decorative purposes or because
of physical restrictions or existing conditions, a detail of the type
and/or location of sidewalk and apron proposed shall be submitted
for approval with the preliminary and/or final plat.
(2)
Continuous slip-formed sidewalks may be permitted if such is
considered to be desirable by the Township Engineer. The use of continuous
slip-formed sidewalks may only be permitted if the applicant submits,
for review and approval, details and specifications concerning the
equipment, materials and methods proposed for use and if the Township
Engineer has inspected the installation and tested and approved a
suitable sample section of such sidewalk. In the event that the Township
Engineer does not approve the sample section of continuous slip-formed
sidewalk, the developer shall remove the sample section and replace
it with a type of sidewalk permitted by this chapter or such other
alternate as may be approved by the municipal agency.
G.
Curb ramps for the physically handicapped.
(1)
Curb ramps for the physically handicapped shall be constructed
on all street curb returns and, where appropriate, in parking areas.
In general, two curb ramps shall be constructed at each corner. (See
Exhibit 109-8 at the end of this chapter.) A single ramp at the center
of the corner is acceptable when site conditions preclude the use
of the two-ramp system. (See Exhibit 109-9 at the end of this chapter.)
(2)
Curb ramps for the physically handicapped shall be constructed
in accordance with the standards shown in Exhibits 109-8 and 109-9.[1] If there is a grass or landscaped area between the curb
and the sidewalk, side ramps need not be provided. Curb ramps shall
be provided at all four corners of full intersections and at the two
corners plus a location across the street from both of the ramps at
T-intersections.
[1]
Editor's Note: Exhibits 109-8 and 109-9 are included at the
end of this chapter.
(3)
The developer shall submit a detailed intersection grading plan
for approval by the Township Engineer prior to installation of the
curbs, sidewalks and curb ramps at the intersection.
(4)
Curb ramps shall be constructed with a rough broom finish in
accordance with New Jersey Department of Transportation specifications
and shall be flush with the street pavement at the gutter line.
[Added 6-8-1998 by Ord. No. 15-98]
If required, bikeways shall be designed and constructed in accordance
with Subchapter 4 (Streets and Parking) of N.J.A.C. 5:21 (Residential
Site improvements Standards), as amended.
A.
General requirements.
(1)
No sign shall be erected, altered, constructed, reconstructed,
placed, replaced or otherwise displayed which is not in accordance
with the standards and requirements established in this section. Unless
otherwise specified in this section, the erection, alteration, construction,
reconstruction, placement, replacement or display of any sign, except
"No Trespassing" and "No Hunting," shall require a sign permit.
(2)
No sign shall be placed on or affixed or attached to a building
or structure or erected independently for any purpose other than to
identify a permitted business, occupant, service, office, address,
process, use or product offered, sold, conducted, manufactured or
assembled on the same premises. A sign may include the name of the
business, a brief general description of principal products or services
offered or sold, phone numbers and Web sites, but may not include
specific brand names unless they are a part of the registered trade
name of the establishment. No sign displaying the colors of red, green
or yellow shall be permitted within 200 feet of a traffic signal.
[Amended 11-8-2004 by Ord. No. 39-04; 12-28-2010 by Ord. No. 45-10]
(3)
No sign or structure supporting the same shall be attached to
natural objects, trees, stumps, fences, fence posts, utility poles
or towers or other signs but shall be freestanding or affixed or attached
to buildings or structures or placed upon or supported by the ground
independent of any other structure in an approved manner. "No Trespassing"
and "No Hunting" signs shall be excluded from this requirement.
(4)
No sign shall be located within five feet of any property line.
(5)
No freestanding sign or sign affixed or attached to a building
shall be higher at any point than the roofline of said building or
25, whichever is less.
(6)
All signs and their supporting structures, braces, locks, guys
and anchors shall be constructed of durable materials, maintained
in good condition, and shall not be allowed to become dilapidated,
unsightly, aesthetically displeasing, offensive or structurally unsafe.
(7)
Signs with two exposures shall be measured for area by using
the face of only one side of the sign.
(8)
Signs, whether permanent or temporary, other than signs of the
municipal, county, state or federal government or official traffic
control devices, shall not be erected, altered, constructed, reconstructed,
placed, replaced or otherwise displayed within or overhang a sight
easement or right-of-way of any street or easement of a public or
private utility, nor shall any sign be located so as to constitute
a traffic hazard.
(9)
Any illuminated sign within 100 feet of any residential use
or zoning district shall be shielded in such a manner so as to prevent
direct rays of light and glare from being cast onto any residential
premises.
(10)
Floodlights and spotlights shall not be permitted except for
the purpose of emergency lighting. Lighted signs shall be illuminated
internally or with fixtures attached to the sign and directed to face
the sign with adequate shielding to prevent nuisance glare.
[Amended 11-8-2004 by Ord. No. 39-04]
(11)
No sign shall be left illuminated during any period when the
premises on which it is located are not open to the public, or so
otherwise not open for business, unless it is determined by the Planning
Board that an illuminated sign is necessary for the protection of
the property from theft or vandalism and will not interfere with the
health, safety or welfare of the general public.
(12)
No portion of any sign shall be located within or suspended
over a pedestrian walkway or bicycle passageway unless 10 feet above
grade level.
(13)
Directional signs with areas less than two square feet are exempt
from location and area regulations, provided that they do not constitute
a hazard to the traveling public or are not placed in or overhang
a sight easement or right-of-way of any street or easement of a public
or private utility.
(14)
Any location where business goods are no longer sold, produced
or assembled or where services or entertainment are no longer offered
or provided shall have 30 days to remove all signs remaining or derelict
on the premises. Where due written notification has been given by
the Township and compliance has not been made within the required
thirty-day period, the Township shall cause removal of such signs,
with the cost of such removal attached to the property.
(15)
No roof sign shall be erected, altered, constructed, reconstructed,
placed, replaced or otherwise displayed in any zoning district within
the Township.[1]
[1]
Editor's Note: Original § 109-182A(16), regarding
permitted sign area for two or more business uses in the same building,
and A(17), regarding commercial buildings on two or more streets,
of the 1972 Code, which immediately followed this subsection, were
repealed 11-8-2004 by Ord. No. 39-04.
(16)
Signs with any lighting or control mechanisms which may cause
radio or television reception interference shall not be permitted.
(17)
Any sign erected, altered, constructed, reconstructed, placed,
replaced or otherwise displayed so as to obstruct or be attached to
any fire escape, window, door or opening used as a means of ingress
or egress, or for fire-fighting purposes, or placed so as to interfere
with any opening required for legal ventilation shall not be permitted.
(18)
No sign shall be erected, altered, constructed, reconstructed,
placed, replaced or otherwise displayed that violates any of the municipal
regulations with respect to health, required light, air, open space
or safety, as defined in the Township Building Codes.
(19)
No sign shall be erected, altered, constructed, reconstructed,
placed, replaced or otherwise displayed which bears or contains words,
letters, statements, figures, designs, symbols, logos or gestures
of an obscene, indecent or immoral nature, or which will offend public
morals or decency.
(20)
No sign shall be erected, altered, constructed, reconstructed, placed, replaced or otherwise displayed which is animated in any way, which emits smoke, visible or invisible vapors or gasses, sounds or odor which violates the requirements of § 244-160. Changeable copy signs shall not be permitted, nor shall LED reader board signs.
[Amended 11-8-2004 by Ord. No. 39-04]
(21)
No sign shall be erected, altered, constructed, reconstructed,
placed, replaced or otherwise displayed which consists of banners,
posters, flags, pennants, propellers, ribbons, streamers, strings
of lights (except seasonal decoration), spinners or other wind-activated
devices, except as to the following:
[Amended 11-12-2014 by Ord. No. 18-14]
(a)
Businesses and community groups may place nonpermanent displays,
which consist of signs, banners, posters, flags, pennants, or ribbons
that advertise a specific event and/or sale, for a limited period
of time not to exceed 21 days;
[Amended 10-27-2015 by Ord. No. 25-15]
(b)
Any display posted under this section cannot be posted earlier
than 14 days prior to the event or sale and must be taken down no
later than five days after the event or sale;
(c)
No permit or permit fee shall be required for any business or
community group that displays a temporary sign, banner, poster, flag,
pennant, or ribbon defined under this subsection that meets the following
criteria:
(d)
The Township Construction Official will have the authority to
require the removal of any sign that creates an unsafe condition or
otherwise to require correction of any such condition.
(22)
No sign shall be erected, altered, constructed, reconstructed,
placed, replaced or otherwise displayed that, by its size, location,
color, shape, lighting, message or nature, may be confused with or
obstruct the view of an official traffic sign or traffic control device
by pedestrians or operators of bicycles or motor vehicles.
(23)
No sign shall be erected, altered, constructed, reconstructed,
placed, replaced or otherwise displayed on or attached to a motor
vehicle, trailer or other portable device which is so located or placed
as to be visible from a public street and intended, as determined
by its location and the duration of its stay, to function as a sign.
(24)
No sign shall be erected, altered, constructed, reconstructed,
placed, replaced or otherwise displayed that uses admonitions, including
but not limited to "Stop," "Go," "Slow," "Danger," "Caution," etc.,
which may be confused with, resembles or is an imitation of an official
traffic sign or signal.
(25)
Any sign erected, altered, constructed, placed or otherwise
displayed prior to the adoption of this section, which does not conform
to the requirements and provisions herein set forth, shall not be
rebuilt, altered, reconstructed, replaced or otherwise displayed by
changing the height, location, area, face or message of same.[2]
[2]
Editor's Note: Original § 109-182A(28) of the 1972
Code, regarding properties containing one or more nonresidential uses,
which immediately followed this subsection, was repealed 11-8-2004
by Ord. No. 39-04.
(26)
No sign shall be located closer than the following minimum distances
to the street right-of-way:
Sign Area
(square feet)
|
Minimum Distance
(feet)
| |
---|---|---|
Less than 25
|
20
| |
26 to 75
|
25
| |
76 or more
|
30
|
(27)
Each site plan and subdivision application shall include a sign
plan showing the specific design, location, size (dimensions and square
footage), height, materials of construction, color scheme and illumination
in compliance with the provisions required herein. For facade or wall
signs, the applicant shall submit a building elevation plan, prepared
by a registered architect or professional engineer licensed to practice
in the State of New Jersey, accurately illustrating the wall dimensions,
including the height and other building features of the site on which
the sign is to be located. All new planned unit developments, shopping
centers and office parks shall present an integrated sign design scheme
in conjunction with site plans. All tenants in the shopping center,
planned unit development or office park will be required to comply
with the design standards set forth in the approved sign plan.
[Amended 11-8-2004 by Ord. No. 39-04]
(28)
In cases where a sign is not part of a sign plan of a site plan
or subdivision application, the applicant for a sign permit shall
submit:
(a)
A property survey prepared by a land surveyor licensed to practice
in the State of New Jersey, upon which the location of the proposed
sign is indicated;
(b)
A sketch of the proposed sign, indicating the size (dimensions
and square footage), height, design, color scheme, materials of construction
and illumination; and
(c)
For facade or wall signs, a building elevation plan, accurately
illustrating the wall dimensions, including the height, and other
building features, of the site on which the proposed sign is to be
located.
(29)
All signs shall comply with all applicable county, state and
federal sign regulations.
(30)
The provisions of this section shall not be applicable to signs
not visible from public roads within the RC Zone.
(31)
Maintenance. All signs shall be periodically maintained by the
owner of said sign, including painting, repairing and cleaning as
necessary. Any sign that, because of improper maintenance, is deemed
to be in a state of disrepair, such that the sign is no longer functional,
visible or becomes dangerous to the safety of others, shall be repaired
by the owner of said sign within 14 days of notice requiring said
repair. Otherwise the sign shall be removed at the expense of the
property owner.
[Added 11-8-2004 by Ord. No. 39-04]
B.
Sign requirements.
(1)
Awning or marquee signs. Awnings or marquees containing signs
shall be permitted to extend no closer than five feet to the street
right-of-way line.
(2)
Canopy signs.
(a)
In the case of a shopping center wherein walkways are roofed
over with a permanently installed rigid canopy or other structural
device or in the Historic Village Commercial Zone, not more than one
sign may be hung vertically from the underside of said canopy for
each store or occupant in the shipping center and it shall not exceed
four square feet in area and shall not be less than 10 feet above
the finished grade or sidewalk beneath it.
[Amended 11-8-2004 by Ord. No. 39-04]
(b)
Signs attached to the front of a canopy shall not exceed 50%
of the area of the canopy.
(c)
A canopy sign may be illuminated but shall not be flashing,
animated or moving in any way.
(d)
No canopy sign shall extend above or beyond the end of the canopy
to which it is attached.
(3)
Construction signs. One nonilluminated sign, not exceeding 40
square feet in area and a minimum of eight feet in height, denoting
the names of the architect, engineer, planner, landscape architect,
contractor or other participants in construction and the owners and
future occupants, may be placed on the property where the work is
under construction.
(4)
Directional signs.
(a)
Directional signs shall not exceed four square feet in area,
with lettering not exceeding six inches in height.
(b)
Such sign shall not be placed within five feet of a street right-of-way
line or any property line but may be located within the minimum required
sign setback of 20 feet.
(c)
Where directional signs are placed within a sight triangle area,
they shall not exceed 30 inches in height from the finished grade
directly below the sign to the top of the sign.
(5)
Freestanding signs.
[Amended 11-8-2004 by Ord. No. 39-04]
(a)
Freestanding signs shall be permitted for retail, service and
similar activities in the HC, RC, and LM Zones.
(b)
Commercial buildings located at the intersection of two or more
streets, or that have frontage on two or more streets, may be permitted
a total of two freestanding signs or two ground signs, one on each
of two street frontages. In no case shall there be more than two freestanding
or two ground signs.
(c)
Freestanding signs shall not exceed 16 feet in height or the
height of the roofline of the building containing the uses the sign
advertises, whichever is lower. The height of freestanding signs shall
be measured from the finished grade directly below the sign to the
top of the sign. The base of the columns, poles or uprights supporting
the freestanding sign shall be landscaped as to minimize the visual
effect and impact of said supports. The bottom of the sign shall be
at least seven feet above grade.
(d)
The locations of freestanding signs shall be in accordance with the required minimum distances to the street right-of-way, based on the sign area established in Subsection A(26).
(e)
Each principal use or shopping center located in the HC, RC
and LM Zones shall be permitted one freestanding sign along the principal
street frontage so long as the property has at least 50 feet of uninterrupted
street frontage. Freestanding signs shall not exceed an area equivalent
to 1/2 square foot for each foot of linear building frontage on the
principal street or 75 square feet, whichever is smaller.
(f)
In the case of a shopping center or more than one business use
sharing a parking area or more than one business situated on a single
lot, a multiple occupancy/tenancy sign shall be permitted subject
to the following conditions:
(6)
Ground signs.
[Amended 11-8-2004 by Ord. No. 39-04]
(a)
Ground mounted signs (or "monument signs") shall be permitted for professional office uses, commercial office uses, institutional uses (religious, education, government agencies), industrial parks or retail/service uses in the ROS, O/R, HVC, NC, LM, I, PVC, RGC and HC [as an alternative to the freestanding signs in § 244-207B(5) above] Zones.
(b)
Ground signs shall not exceed six feet in height, measured from
the finished grade directly below the sign to the top of the sign.
(c)
The base of all ground signs shall be accented by landscaping
such as shrubs, ground cover and flowers.
(d)
The ground sign may include no more than four colors.
(e)
In the case of a group of offices sharing a parking area, a
group of professional tenants/occupants sharing a building, or in
the case of a retail shopping center, the names of the offices or
tenants may be listed on the sign, provided the top 15% of the sign
is reserved for displaying the name of the complex or the address.
The tenant or occupant names must be uniform in style and color.
(f)
The locations of the ground signs shall be in accordance with the required minimum distances to the street right-of-way, based on sign area, established in Subsection A(26). Additionally, the sign must be outside the sight triangle easement areas and may not pose a threat to public health and safety.
(g)
The maximum size for a single ground sign for a retail store,
a shopping center, an office building, a group of offices, an institutional
use or an industrial use is 30 square feet.
(h)
Buildings located at the intersection of two or more streets,
or that have frontage on two or more streets, may be permitted a total
of two ground signs, one on each of two street frontages. In no case
shall there be more than two ground signs.
(7)
Wall signs.
[Amended 11-8-2004 by Ord. No. 39-04]
(a)
Each principal nonresidential building may have one wall sign
not to exceed 15% of the principal facade area or 80 square feet,
whichever is smaller, except as otherwise specifically restricted
in other subsections. In the case of a shopping center, each tenant/occupant
with direct access to the outside may have one wall sign not to exceed
15% of the principal facade area of the occupied space or 80 square
feet, whichever is smaller.
(b)
Wall signs within a development or shopping center should be
consistent in color and style. It is the responsibility of the property
owner or property manager to inform tenants of this requirement.
(c)
A wall sign may be illuminated, but shall not be flashing, animated
or moving in any way.
(d)
A wall sign may not have more than four colors.
(e)
No wall sign shall extend above or beyond the end of the wall
to which it is attached.
(f)
No wall sign shall block, interrupt or otherwise obscure in
whole or in part any major architectural feature or detail of the
wall.
(g)
A wall sign positioned between two floors of a building shall
not exceed 2/3 of the vertical distance between the windows.
(h)
Gas station and similar canopy signs shall comply with the wall
sign requirements.
(8)
Holiday decoration signs. One nonilluminated holiday decoration
sign, not exceeding 20 square feet in area, shall be permitted on
a site where decorations customarily and commonly associated with
any national, state, local or religious holiday are offered for sale.
(10)
Miscellaneous signs. The erection of signs such as "No Trespassing"
or "No Hunting" signs shall be permitted, provided that these signs
do not exceed two square feet in area.
(11)
Nameplate signs. One nameplate sign, as defined in § 244-6 of this chapter, shall be permitted per lot and shall not be illuminated by a total of more than 25 watts.
(12)
Political signs.
(a)
Political signs may be placed within 20 feet of but not less
than five feet from any street right-of-way or property line.
(b)
No political sign shall be placed in any street triangle or
line of sight area.
(c)
No political sign shall be affixed to any natural objects, trees,
fences, fence posts, utility poles or towers or other signs.
(d)
All political signs shall be removed within 30 days after the
election.
(13)
Office-research park and industrial park signs.
[Amended 11-8-2004 by Ord. No. 39-04]
(a)
One ground sign not to exceed 30 square feet in area shall be permitted to identify the name of the office-research park or industrial park. The sign must be located in accordance with Subsection A(26). The height of the sign shall not exceed six feet.
(b)
Within the office-research or industrial park, one ground sign
shall be permitted for each establishment and shall be located on
the lot thereof The ground sign for the individual establishment shall
not exceed 30 square feet in area and shall not be located closer
than 25 feet from the curb or street line. Ground signs should be
designed and located in such a way that they will not be visible from
the streets outside the office or industrial park. Ground signs are
prohibited in required sight triangle easements. The height of the
sign shall not exceed six feet.
(c)
In addition to one ground sign, each establishment shall be
permitted one wall sign not to exceed 5% of the facade of the building
upon which the sign will be placed or 40 square feet, whichever is
less.
(d)
In the case of an office park or industrial park, an additional
directory sign will be permitted on the interior of the site to assist
visitors in navigating the site. The directory sign shall not exceed
20 square feet and shall be located as not to cause a traffic hazard.
Directory signs that include a map of the site may not exceed a total
of 30 square feet.
(e)
A sign plan for the office research or industrial park shall be submitted in accordance with the requirements of Subsection A(27). The sign plan shall be based upon an integrated sign design scheme and shall be designed to be in harmony and consistent with each other as well as with the architecture and building materials of the principal structures and the landscape plan.
(14)
Private sale or special event signs.
(a)
One nonilluminated private sale or special event sign, as defined in § 244-6 of this chapter, shall be permitted per lot and shall not exceed four square feet in area.
(b)
Private sale or special event signs may be placed within 20
feet of but not less than five feet from any street right-of-way or
property line.
(c)
No private sale or special event sign shall be affixed to any
natural objects, trees, fences, fence posts, utility poles or towers
or other signs.
(d)
No temporary sign for a special event or private sale shall
remain in place for more than 30 days out of a calendar year.
[Added 11-8-2004 by Ord. No. 39-04[3]]
[3]
Editor's Note: This ordinance also repealed original § 109-182B(15)
of the 1972 Code, regarding projecting signs, which immediately followed
this subsection.
(e)
Businesses are permitted to display temporary signs for a special
event and/or private sale up to 10 days prior to the start date without
obtaining a permit or paying a permit fee; any display must be taken
down no later than five days after the conclusion of the special event
or private sale, if the sign meets the following criteria:
[Added 11-12-2014 by Ord. No. 18-14]
(15)
Real estate sign.
(a)
One nonilluminated real estate sign per street frontage shall
be permitted.
(b)
A real estate sign shall not exceed 12 square feet in area or
four feet in height in all residential zoning districts.
(c)
A real estate sign shall not exceed 32 square feet in area or
eight feet in height in all other zoning districts.
(d)
No real estate sign shall be permitted less than 10 feet from
any property line or within any sight triangle or easement.
(e)
All real estate signs shall be removed at the expense of the
advertiser within 15 days after the termination or completion of the
matter of business being advertised.
(16)
Street numbers. Street numbers between three inches and six
inches in height and visible from the street shall be required for
each establishment or residence.
(17)
Subdivision/site development signs. One nonilluminated sign
advertising premises under development shall be permitted and shall
not exceed 40 square feet in area or eight feet in height.
(18)
Traffic signs. Any traffic sign erected by the Township of Jackson,
County of Ocean or State of New Jersey, or other sign required to
be erected by law, shall be permitted and shall not require the issuance
of a sign permit.
(19)
Window sign. No window sign, whether permanent or temporary,
shall exceed 25% of the total window area within which it is located.
C.
Signs not requiring a sign permit. The following signs may be erected,
altered, constructed, reconstructed, placed, replaced or otherwise
displayed without a sign permit:
D.
Prohibited signs. The following signs shall not be erected, altered,
constructed, reconstructed, placed, replaced or otherwise displayed
within the Township of Jackson:
E.
Nonconforming signs.
[Added 11-8-2004 by Ord. No. 39-04]
(1)
Intent. It is the intent and purpose of this subsection that
as soon as legally possible, all existing signs not conforming to
the provisions of this section be eliminated or brought into conformity
with the provisions of this section.
(2)
Legal nonconforming signs. Any sign located within the Township of Jackson which does not conform with the provisions of this section, but which did conform with the applicable laws and ordinances relating to signs at the time it was erected, shall be deemed a legal nonconforming sign and may continue in use until said sign loses its legal nonconforming status as defined in § 244-207E(3) below.
(3)
Loss of legal nonconforming status. A legal nonconforming sign
shall immediately lose its legal nonconforming status if:
(a)
The sign is altered in any way in structure or size. Change
of copy in a box sign does not constitute a structural change.
(b)
The sign is replaced.
(c)
The sign is deemed to be a hazard.
(d)
Damage to the sign has occurred such that repair or restoration
would exceed 1/3 of the replacement value as of the date of said damage.
Solid wastes from all uses other than single- or two-family
homes, if stored outdoors, shall be placed in metal receptacles within
a screened refuse area subject to the following minimum standards:
A.
The screened refuse area shall not be located within any front yard
area.
B.
The refuse storage area shall be surrounded on three sides by a solid
uniform fence or wall not less than five feet nor more than eight
feet in height. Such fence shall be exempt from the provisions of
any ordinance regulating the height of fences.
C.
A five-foot-minimum-width landscaping area shall be provided along
the fence or wall enclosing the refuse storage area. The landscaping
to be provided shall be shown on the preliminary and final site development
plan submitted to the municipal agency for review and decision.
D.
The opening in the enclosed refuse area shall be located to minimize
the view of refuse from adjoining properties or public streets.
E.
If located within or adjacent to a parking area or access drive,
the enclosed refuse areas shall be separated from such parking area
or access drive by curbing.
F.
The enclosed refuse area shall not be located so as to interfere
with traffic circulation, the parking of vehicles, the maneuverability
and parking of vehicles making materials delivery or pickup, nor shall
any solid waste storage area be part of, restrict or occupy any parking
aisle or stall.
G.
All refuse shall be deposited in containers maintained within the
refuse area. No containers shall be maintained anywhere on a site
except in a refuse area meeting these requirements. All refuse containers
shall have covers to effectively contain solid waste stored therein.
H.
If outdoor storage of solid waste is not proposed, the site plan
submission shall detail the methods proposed for accommodating solid
waste within the structure. The municipal agency may require that
a suitable area be set aside, but not improved, for a future solid
waste storage area meeting these requirements even if indoor accommodations
for solid waste are proposed.
I.
No refuse storage area shall be placed within 10 feet of any public right-of-way or any property line, and all refuse storage areas shall conform to the provisions for refuse storage areas in accordance with Chapter 216, Garbage, Rubbish and Waste Material, of the Code of the Township of Jackson.
J.
There shall be provided at least one outdoor solid waste storage
area of at least 100 square feet in area for each 20 dwelling units.
Solid waste storage areas shall not be located further than 300 feet
from the entrance of any dwelling unit which is intended to be served.
K.
For every solid waste storage area, at least one area shall be designated
adjacent thereto for the collection of recyclable materials.
L.
No on-site incineration or disposal of solid waste or garbage shall
be permitted.
M.
The use of commercial dumpsters or similar-type large receptacles
for the storage of solid waste for single-family or two-family dwellings
is prohibited.
A.
Scope and purpose:
(1)
Policy statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure best management practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low-impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
(2)
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection B.
(3)
(4)
Compatibility with other permit and ordinance requirements.
(a)
Development approvals issued pursuant to this section are to
be considered an integral part of development approvals and do not
relieve the applicant of the responsibility to secure required permits
or approvals for activities regulated by any other applicable code,
rule, act, or ordinance. In their interpretation and application,
the provisions of this section shall be held to be the minimum requirements
for the promotion of the public health, safety, and general welfare.
(b)
This section is not intended to interfere with, abrogate, or
annul any other ordinances, rule or regulation, statute, or other
provision of law except that, where any provision of this section
imposes restrictions different from those imposed by any other ordinance,
rule or regulation, or other provision of law, the more restrictive
provisions or higher standards shall control.
B.
CAFRA CENTERS, CORES OR NODES
CAFRA PLANNING MAP
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
(1)
(2)
DEPARTMENT
DESIGNATED CENTER
DEVELOPMENT
DISTURBANCE
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOODS
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
(1)
(2)
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
OR BMP MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
(1)
(2)
(3)
(4)
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
TIDAL FLOOD HAZARD AREA
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONES
URBAN REDEVELOPMENT AREA
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this chapter.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Board of Chosen Freeholders
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
A county planning agency; or
A county water resource association created under N.J.S.A. 58:16A-55.5,
if the "environmentally critical area" means an area or feature which
is of significant environmental value, including but not limited to:
stream corridors, natural heritage priority sites, habitats of endangered
or threatened species, large areas of contiguous open space or upland
forest, steep slopes, and wellhead protection and groundwater recharge
areas. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
The Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specification.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et. seq. In the case of agricultural land, development means
any activity that requires a state permit, any activity reviewed by
the County Agricultural Board (CAB) and the State Agricultural Development
Committee (SADC), and municipal review of any activity not exempted
by the Right to Farm Act, N.J.S.A. 4:1C-1 et. seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving waterbody or to
a particular point along a receiving waterbody.
Neighborhoods designated by the Urban Coordinating Council
in consultation and conjunction with the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habits, and parks and preserves.
Habitats of endangered or threatened species are identified using
the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a 14-digit hydrologic unit boundary designation, delineated within
New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
Is the process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual "development," as well as multiple developments
that individually or collectively result in:
"Major development" includes all developments that are part
of a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of Subsection 1(a), (b), (c) or (d) above. Projects undertaken by
any government agency that otherwise meet the definition of "major
development" but which do not require approval under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major
development."
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low speed vehicles. For
the purposes of this definition, "motor vehicle" does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Subsection D(6) of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance (except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.), thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, ground waters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization efforts.
Is defined as the geographic application of the State Development
and Redevelopment Plan's goals and statewide policies, and the official
map of these goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal non-stormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et. seq.
Is defined as previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.
C.
Design and performance standards for stormwater management measures.
(1)
Stormwater management measures for major development shall be
designed to provide erosion control, groundwater recharge, stormwater
runoff quantity control, and stormwater runoff quality treatment as
follows:
(a)
The minimum standards for erosion control are those established
under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq.,
and implementing rules at N.J.A.C. 2:90.
(b)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
(2)
The standards in this section apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or water quality
management plan adopted in accordance with Department rules.
D.
Stormwater management requirements for major development.
(1)
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection J.
(2)
Stormwater management measures shall avoid adverse impacts of
concentrated flow on habitat for threatened and endangered species
as documented in the Department's Landscape Project or Natural Heritage
Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).
(3)
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(16), (17) and (18):
(a)
The construction of an underground utility line provided that
the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground utility line provided that
the existing conditions are maintained to the maximum extent practicable;
and
(c)
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
(4)
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(15), (16), (17) and (18) may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(a)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(d)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(4)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection D(15), (16), (17) and (18) that were not achievable on site.
(5)
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection D(15), (16), (17) and (18). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
(6)
Where the BMP tables in the NJ Stormwater Management Rule are
different due to updates or amendments with the tables in this section
the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f)
shall take precedence.
Table 1
Green Infrastructure BMPs For Groundwater Recharge, Stormwater
Runoff Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
---|---|---|---|---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Cistern
|
0
|
Yes
|
No
|
—
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
Green roof
|
0
|
Yes
|
No
|
—
|
Manufactured treatment device(a) (g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
Vegetative filter strip
|
60-80
|
No
|
No
|
—
|
[Notes corresponding to annotations(a) through(g) are found at the end of this Subsection D(6)]
|
Table 2
Green Infrastructure BMPs For Stormwater Runoff Quantity (or
For Groundwater Recharge and/or Stormwater Runoff Quality With a Waiver
or Variance From N.J.A.C. 7:8-5.3)
| ||||
---|---|---|---|---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
Standard constructed wetland
|
90
|
Yes
|
No
|
N/A
|
Wet pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
[Notes corresponding to annotations(b) through(d) are found at the end of this Subsection D(6)]
|
Table 3
BMPs For Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity Only With a Waiver or Variance From N.J.A.C.
7:8-5.3
| ||||
---|---|---|---|---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
Extended detention basin
|
40-60
|
Yes
|
No
|
1
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
Sand filter(c)
|
80
|
Yes
|
No
|
1
|
Subsurface gravel wetland
|
90
|
No
|
No
|
1
|
Wet pond
|
50-90
|
Yes
|
No
|
N/A
|
Notes to Tables 1, 2, and 3:
| |
(a)
|
Subject to the applicable contributory drainage area limitation specified at Subsection D(15)(b);
|
(b)
|
Designed to infiltrate into the subsoil;
|
(c)
|
Designed with underdrains;
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
(e)
|
Designed with a slope of less than 2%;
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
(g)
|
Manufactured treatment devices that meet the definition of "green infrastructure" at Subsection B;
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B.
|
(7)
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection D(2). Alternative stormwater management measures may be used to satisfy the requirements at Subsection D(15) only if the measures meet the definition of "green infrastructure" at Subsection B. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection D(15)(b) are subject to the contributory drainage area limitation specified at Subsection D(15)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection D(15)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from Subsection D(15).
(8)
Whenever the stormwater management design includes one or more
BMPs that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
(9)
Design standards for stormwater management measures are as follows:
(a)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(b)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection H(3);
(c)
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion-resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement;
(d)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection H; and
(e)
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of 2 1/2 inches
in diameter.
(10)
Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection B may be used only under the circumstances described at Subsection D(15)(d).
(11)
Any application for a new agricultural development that meets the definition of "major development" at Subsection B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsections D(15), (16), (17) and (18) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
(12)
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17) and (18) shall be met in each drainage area, unless the runoff from the drainage areas converge on site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
(13)
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(15), (16), (17) and (18) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection J(2)(e). Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
(14)
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection D of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection D(13) above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection D(13) above.
(15)
Green infrastructure standards.
(a)
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection D(16) and (17), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection D(6) and/or an alternative stormwater management measure approved in accordance with Subsection D(7). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
Best Management Practice
|
Maximum Contributory Drainage Area
|
---|---|
Dry well
|
1 acre
|
Manufactured treatment device
|
2.5 acres
|
Pervious pavement systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
Small-scale bioretention systems
|
2.5 acres
|
Small-scale infiltration basin
|
2.5 acres
|
Small-scale sand filter
|
2.5 acres
|
(d)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection D(7) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17) and (18).
(e)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection D(16), (17) and (18), unless the project is granted a waiver from strict compliance in accordance with Subsection D(4).
(16)
Groundwater recharge standards.
(a)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows:
(b)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:
[1]
Demonstrate through hydrologic and hydraulic analysis
that the site and its stormwater management measures maintain 100%
of the average annual pre-construction groundwater recharge volume
for the site; or
[2]
Demonstrate through hydrologic and hydraulic analysis
that the increase of stormwater runoff volume from pre-construction
to post-construction for the two-year storm is infiltrated.
(c)
This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or to projects subject to Subsection D(16)(d) below.
(d)
The following types of stormwater shall not be recharged:
[1]
Stormwater from areas of high pollutant loading.
High pollutant loading areas are areas in industrial and commercial
developments where solvents and/or petroleum products are loaded/unloaded,
stored, or applied, areas where pesticides are loaded/unloaded or
stored; areas where hazardous materials are expected to be present
in greater than "reportable quantities" as defined by the United States
Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where
recharge would be inconsistent with a Department-approved remedial
action work plan or landfill closure plan and areas with high risks
for spills of toxic materials, such as gas stations and vehicle maintenance
facilities; and
[2]
Industrial stormwater exposed to source material.
"Source material" means any material(s) or machinery, located at an
industrial facility, that is directly or indirectly related to process,
manufacturing or other industrial activities, which could be a source
of pollutants in any industrial stormwater discharge to groundwater.
Source materials include, but are not limited to, raw materials; intermediate
products; final products; waste materials; by-products; industrial
machinery and fuels, and lubricants, solvents, and detergents that
are related to process, manufacturing, or other industrial activities
that are exposed to stormwater.
(17)
Stormwater runoff quality standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of one-quarter acre or more of
regulated motor vehicle surface.
(b)
Stormwater management measures shall be designed to reduce the
post-construction load of total suspended solids (TSS) in stormwater
runoff generated from the water quality design storm as follows:
[1]
80% TSS removal of the anticipated load, expressed
as an annual average, shall be achieved for the stormwater runoff
from the net increase of motor vehicle surface.
[2]
If the surface is considered regulated motor vehicle
surface because the water quality treatment for an area of motor vehicle
surface that is currently receiving water quality treatment either
by vegetation or soil, by an existing stormwater management measure,
or by treatment at a wastewater treatment plant is to be modified
or removed, the project shall maintain or increase the existing TSS
removal of the anticipated load expressed as an annual average.
(c)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection D(17)(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(d)
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
Table 4 - Water Quality Design Storm Distribution
| |||||
---|---|---|---|---|---|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
(e)
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
R = A + B - (A x B)/100; where
|
R
|
=
|
total TSS Percent Load Removal from application of both BMPs;
|
A
|
=
|
the TSS Percent Removal Rate applicable to the first BMP;
|
B
|
=
|
the TSS Percent Removal Rate applicable to the second BMP.
|
(f)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection D(16), (17) and (18).
(g)
In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
(h)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(i)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3.i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(j)
This stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
(18)
Stormwater runoff quantity standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
(b)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection E, complete one of the following:
[1]
Demonstrate through hydrologic and hydraulic analysis
that for stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same
storm events;
[2]
Demonstrate through hydrologic and hydraulic analysis
that there is no increase, as compared to the pre-construction condition,
in the peak runoff rates of stormwater leaving the site for the two-,
ten-, and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
[3]
Design stormwater management measures so that the
post-construction peak runoff rates for the two-, ten-, and 100-year
storm events are 50%, 75% and 80%, respectively, of the pre-construction
peak runoff rates. The percentages apply only to the post-construction
stormwater runoff that is attributable to the portion of the site
on which the proposed development or project is to be constructed;
or
[4]
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection D(18)(b)[1], [2] and [3] above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
(c)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
E.
Calculation of stormwater runoff and groundwater recharge:
(1)
Stormwater runoff shall be calculated in accordance with the
following:
(a)
The design engineer shall calculate runoff using one of the
following methods:
[1]
The USDA Natural Resources Conservation Service (NRCS) methodology,
including the NRCS Runoff Equation and Dimensionless Unit Hydrograph,
as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National
Engineering Handbook, incorporated herein by reference as amended
and supplemented. This methodology is additionally described in Technical
Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June
1986, incorporated herein by reference as amended and supplemented.
Information regarding the methodology is available from the Natural
Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb104417
1.pdf or at United States Department of Agriculture Natural Resources
Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873;
or
[2]
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The rational and modified rational
methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionContr
olStandardsComplete.pdf.
(b)
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at Subsection E(1)(a)[1] and the Rational and Modified Rational Methods at Subsection E(1)(a)[2]. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(c)
In computing pre-construction stormwater runoff, the design
engineer shall account for all significant land features and structures,
such as ponds, wetlands, depressions, hedgerows, or culverts, that
may reduce pre-construction stormwater runoff rates and volumes.
(d)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
(e)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
(2)
Groundwater recharge may be calculated in accordance with the
following: The New Jersey Geological Survey Report GSR-32, A Method
for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated
herein by reference as amended and supplemented. Information regarding
the methodology is available from the New Jersey Stormwater Best Management
Practices Manual; at the New Jersey Geological Survey website at:
https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New
Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420
Mail Code 29-01, Trenton, New Jersey 08625-0420.
F.
Sources for technical guidance:
(1)
Technical guidance for stormwater management measures can be
found in the documents listed below, which are available to download
from the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(a)
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
(b)
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
(2)
Submissions required for review by the Department should be
mailed to: The Division of Water Quality, New Jersey Department of
Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton,
New Jersey 08625-0420.
G.
Solids and floatable materials control standards:
(1)
Site design features identified under Subsection D(6) above, or alternative designs in accordance with Subsection D(7) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection G(1)(b) below.
(a)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
[1]
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines; or
[2]
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches, or is no greater
than 0.5 inch across the smallest dimension.
[a]
Examples of grates subject to this standard include
grates in grate inlets, the grate portion (non-curb-opening portion)
of combination inlets, grates on storm sewer manholes, ditch grates,
trench grates, and grates of spacer bars in slotted drains. Examples
of ground surfaces include surfaces of roads (including bridges),
driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields,
open channels, and stormwater system floors used to collect stormwater
from the surface into a storm drain or surface water body.
[3]
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven square inches, or be no greater than
two inches across the smallest dimension.
(b)
The standard in Subsection G(1)(a) above does not apply:
[1]
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than nine square
inches;
[2]
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
[3]
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
[a]
A rectangular space 4 5/8 inches long and
1 1/2 inches wide (this option does not apply for outfall netting
facilities); or
[b]
A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1].
[4]
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
Water Quality Design Storm as specified in N.J.A.C. 7:8; or
[5]
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
H.
Safety standards for stormwater management basins:
(1)
This section sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This section applies to any new stormwater management BMP.
(2)
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection H(3)(a), (b), and (c) for trash racks, overflow grates, and escape provisions at outlet structures.
(3)
Requirements for trash racks, overflow grates and escape provisions.
(a)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the stormwater management
BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
[1]
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
[2]
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
[3]
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
[4]
The trash rack shall be constructed of rigid, durable, and corrosion-resistant
material and designed to withstand a perpendicular live loading of
300 pounds per square foot.
(b)
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
such grate shall meet the following requirements:
[1]
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
[2]
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
[3]
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion-resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
(c)
Stormwater management BMPs shall include escape provisions as
follows:
[1]
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection H(3), a freestanding outlet structure may be exempted from this requirement;
[2]
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Subsection H(5) for an illustration of safety ledges in a stormwater management BMP; and
[3]
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
(4)
Variance or exemption from safety standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
I.
Requirements for a site development stormwater plan:
(1)
Submission of site development stormwater plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection I(3) below as part of the submission of the application for approval.
(b)
The applicant shall demonstrate that the project meets the standards
set forth in this section.
(2)
Site development stormwater plan approval. The applicant's site
development project shall be reviewed as a part of the review process
by the municipal board or official from which municipal approval is
sought. That municipal board or official shall consult the municipality's
review engineer to determine if all of the checklist requirements
have been satisfied and to determine if the project meets the standards
set forth in this section.
(3)
Submission of site development stormwater plan. The following
information shall be required:
(a)
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
(b)
Environmental site analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
(c)
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
(d)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections C through E are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(e)
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
[1]
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
[2]
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
(f)
Calculations.
[1]
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Subsection D of this section.
[2]
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on onsite boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
(g)
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J.
(h)
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection I(3)(a) through (f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
J.
Maintenance and repair:
(2)
General maintenance.
(a)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(b)
The maintenance plan shall contain specific preventative maintenance
tasks and schedules; cost estimates, including estimated cost of sediment,
debris, or trash removal; and the name, address, and telephone number
of the person or persons responsible for preventative and corrective
maintenance (including replacement). The plan shall contain information
on BMP location, design, ownership, maintenance tasks and frequencies,
and other details as specified in Chapter 8 of the NJ BMP Manual,
as well as the tasks specific to the type of BMP, as described in
the applicable chapter containing design specifics.
(c)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
(d)
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
(e)
If the party responsible for maintenance identified under Subsection
I(2)(c) above is not a public agency, the maintenance plan and any
future revisions based on Subsection I(2)(g) below shall be recorded
upon the deed of record for each property on which the maintenance
described in the maintenance plan must be undertaken.
(f)
Preventative and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.). of the stormwater management measure,
including, but not limited to, repairs or replacement to the structure;
removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of non-vegetated linings.
(g)
The party responsible for maintenance identified under Subsection
I(2)(c) above shall perform all of the following requirements:
[1]
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
[2]
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
[3]
Retain and make available, upon request by any public entity
with administrative, health, environmental, or safety authority over
the site, the maintenance plan and the documentation required by Subsection
I(2)(f) and (g) above.
(h)
The requirements of Subsection I(2)(c) and (d) do not apply
to stormwater management facilities that are dedicated to and accepted
by the municipality or another governmental agency, subject to all
applicable municipal stormwater general permit conditions, as issued
by the Department.
(i)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or county may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
(3)
Nothing in this subsection shall preclude the municipality in
which the major development is located from requiring the posting
of a performance or maintenance guarantee in accordance with N.J.S.A.
40:55D-53.
K.
Penalties.
[Amended 4-27-2021 by Ord. No. 09-21]
(1)
Any
person(s) who erects, constructs, alters, repairs, converts, maintains,
or uses any building, structure or land in violation of this section
shall be subject to the following penalties:
(a)
A fine not to exceed $5,000; and up to 30 days community service
along with the completion of a stormwater management class with proof
evidencing the violator has received instruction on the importance
of stormwater management, from any public or private entity which
provides such classes; and/or
(b)
Thirty days in jail.
(2)
In
addition to any penalties set forth above the violator shall be required
to remove and restore the property in conformance with this section
within 30 days of the date of sentencing and in the event the violator
fails to do so, the Township shall complete such removal and restoration
and all costs incurred by the municipality shall be added to the fine
and collected or restitution.
L.
Severability. Each section, subsection, sentence, clause and phrase
of this section is declared to be an independent section, subsection,
sentence, clause and phrase, and the finding or holding of any such
portion of this section to be unconstitutional, void, or ineffective
for any cause, or reason, shall not affect any other portion of this
section.
M.
Effective date. This section shall be in full force and effect from
and after its adoption and any publication as required by law.
N.
All ordinances or parts of ordinances inconsistent herewith are hereby
repealed.
O.
If any section, subsection, sentence, clause, phrase or portion of
this section is for any reason held to be invalid or unconstitutional
by a court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions hereof.
P.
This section shall take effect after second reading and publication
as required by law.
[1]
Editor's Note: This ordinance also repealed original § 109-184,
Storm drainage facilities: nonresidential development, of the 1972
Code, as amended, and original § 109-184.1, Stormwater drainage
facilities: residential development, of the 1972 Code, added 2-9-1998
by Ord. No. 5-98, as amended.
[2]
Editor's Note: This ordinance states that the provisions shall
specifically apply to all non-Pinelands-regulated portions of the
Township.
[Added 4-13-2023 by Ord. No. 13-23]
A.
Scope; purpose.
(1)
Policy statement. Flood control, groundwater recharge, erosion
control and pollutant reduction shall be achieved using stormwater
management measures, including green infrastructure best management
practices (BMPs) and nonstructural stormwater management strategies.
Green infrastructure BMPs and low-impact development should be utilized
to meet the goal of maintaining natural hydrology to reduce stormwater
runoff volume, reduce erosion, encourage infiltration and groundwater
recharge, and reduce pollution. Green infrastructure BMPs and low
impact development should be developed based upon physical site conditions
and the origin, nature and the anticipated quantity, or amount, of
potential pollutants. Multiple stormwater management BMPs may be necessary
to achieve the established performance standards for water quality,
quantity, and groundwater recharge contained in this section.
(2)
Purpose. The purpose of this section is to establish, within
the Pinelands Area portion of Jackson Township, minimum stormwater
management requirements and controls as authorized by the Pinelands
Protection Act (N.J.S.A. 13:18A-1 et seq.) and consistent with the
Pinelands Comprehensive Management Plan (CMP) (N.J.A.C. 7:50-1.1 et
seq.) and the New Jersey Department of Environmental Protection (NJDEP)
Stormwater Management Regulations (N.J.A.C. 7:8-1.1 et seq.). The
standards in this section are intended to minimize the adverse impact
of stormwater runoff on water quality and water quantity, to facilitate
groundwater recharge, and to control and minimize soil erosion, stream
channel erosion, sedimentation and pollution associated with stormwater
runoff. Moreover, Pinelands Area resources are to be protected in
accordance with the antidegradation policies contained in the New
Jersey Surface Water Quality Standards (N.J.A.C. 7:9B-1.1 et seq.).
Additionally, this section is intended to ensure the adequacy of existing
and proposed culverts and bridges and to protect public safety through
the proper design and operation of stormwater BMPs. If there are any
conflicts between a provision required by the Pinelands CMP and a
provision required by the NJDEP, the Pinelands CMP provision shall
apply.
(3)
Applicability.
(a)
The terms "development," "major development" and "minor development" are defined in § 244-209.1B in accordance with the Pinelands CMP (N.J.A.C. 7:50- 2.11) and differ from the definitions of "development" and "major development" contained in the NJDEP Stormwater Management Regulations (N.J.A.C. 7:8-1.2).
(b)
This section shall apply within the Pinelands Area to all major
development, and to minor development meeting the following criteria:
[1]
Development involving the construction of four
or fewer dwelling units;
[2]
Development involving any nonresidential use and
resulting in an increase of greater than 1,000 square feet of regulated
motor vehicle surfaces; and
[3]
Development involving the grading, clearing, or
disturbance of an area in excess of 5,000 square feet within any five-year
period. For development meeting this criterion, the stormwater management
standards for major development set forth in this section shall apply.
(c)
This Section shall apply to all development meeting the criteria of Subsection A(3)(b) above that is undertaken by Jackson Township.
(d)
Except as provided in § 244-209.1J, the exemptions, exceptions, applicability standards, and waivers of strict compliance contained in the NJDEP Stormwater Management Regulations at N.J.A.C. 7:8-1.1 et seq. shall not apply within the Pinelands Area.
(4)
Compatibility with other permit and ordinance requirements.
(a)
Development approvals issued pursuant to this section are to
be considered an integral part of development approvals and do not
relieve the applicant of the responsibility to secure required permits
or approvals for activities regulated by any other applicable code,
rule, act, or ordinance. In their interpretation and application,
the provisions of this section shall be held to be the minimum requirements
for the promotion of the public health, safety, and general welfare.
(b)
This section is not intended to interfere with, abrogate, or
annul any other ordinances, rule or regulation, statute, or other
provision of law except that, where any provision of this section
imposes restrictions different from those imposed by any other ordinance,
rule or regulation, or other provision of law, the more restrictive
provisions or higher standards shall control.
(c)
In the event that a regional stormwater management plan(s) is
prepared and formally adopted pursuant to N.J.A.C. 7:8-1.1 et seq.
for any drainage area(s) or watershed(s) of which Jackson Township
is a part, the stormwater provisions of such a plan(s) shall be adopted
by Jackson Township within one year of the adoption of a Regional
Stormwater Management Plan (RSWMP) as an amendment to an Areawide
Water Quality Management Plan. Local ordinances proposed to implement
the RSWMP shall be submitted to the Pinelands Commission for certification
within six months of the adoption of the RSWMP per N.J.A.C. 7:8 and
the Pinelands CMP.
B.
COMPACTION
CONTRIBUTORY DRAINAGE AREA
COUNTY REVIEW AGENCY
DESIGN ENGINEER
DEVELOPMENT
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(2)
DISTURBANCE
DRAINAGE AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HIGH-POLLUTANT LOADING AREAS
HUC-11 or HYDROLOGIC UNIT CODE 11
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
MAJOR DEVELOPMENT
MINOR DEVELOPMENT
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NUTRIENT
PERMEABILITY
PERSON
POLLUTANT
RECHARGE
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
SEASONAL HIGH WATER TABLE
SEDIMENT
SITE
SOIL
SOURCE MATERIAL
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER RUNOFF
WATERS OF THE STATE
WETLAND TRANSITION AREA
WETLANDS or WETLAND
Definitions; word usage. For the purpose of this section, the following
terms, phrases, words and their derivations shall have the meanings
stated herein unless their use in the text of this section clearly
demonstrates a different meaning. When not inconsistent with the context,
words used in the present tense include the future, words used in
the plural number include the singular number, and words used in the
singular number include the plural number. The word "shall" is always
mandatory and not merely directory. The definitions below are the
same as or based on the corresponding definitions in the NJDEP Stormwater
Management Rules at N.J.A.C. 7:8-1.2 unless otherwise defined in the
Pinelands CMP at N.J.A.C. 7:50-2.11 in which case the definition corresponds
to the CMP definition.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
An agency designated by the County Commissioners to review
municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
The change of or enlargement of any use or disturbance of any
land, the performance of any building or mining operation, the division
of land into two or more parcels, and the creation or termination
of rights of access or riparian rights, including, but not limited
to:
A change in type of use of a structure or land;
A reconstruction, alteration of the size, or material change
in the external appearance of a structure or land;
A material increase in the intensity of use of land, such as
an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land;
Commencement of resource extraction or drilling or excavation
on a parcel of land;
Demolition of a structure or removal of trees;
Commencement of forestry activities;
Deposit of refuse, solid or liquid waste or fill on a parcel
of land;
In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
material; and
Alteration, either physically or chemically, of a shore, bank,
or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
In the case of development on agricultural land, i.e., lands
use for an agricultural use or purpose as defined at N.J.A.C. 7:50-2.11,
development means: any activity that requires a state permit, any
activity reviewed by the County Agricultural Board (CAB) and the State
Agricultural Development Committee (SADC), and municipal review of
any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1
et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater runoff, sediments,
or dissolved materials drain to a particular receiving waterbody or
to a particular point along a receiving waterbody.
An area or feature which is of significant environmental
value, including, but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the NJDEP Landscape Project
as approved by the NJDEP Endangered and Nongame Species Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
Areas in industrial and commercial developments where solvents
and/or petroleum products are loaded/unloaded, stored, or applied,
areas where pesticides are loaded/unloaded or stored; areas where
hazardous materials are expected to be present in greater than "reportable
quantities" as defined by the United States Environmental Protection
Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent
with NJDEP approved remedial action work plan or landfill closure
plan and areas with high risks for spills of toxic materials, such
as gas stations and vehicle maintenance facilities.
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by an eleven-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
Any surface that has been compacted or covered with a layer
of material so that it prevents, impedes or slows infiltration or
absorption of fluid, including stormwater directly into the ground,
and results in either reduced groundwater recharge or increased stormwater
runoff sufficient to be classified as impervious in Urban Areas by
the United States Department of Agriculture, Natural Resources Conservation
Service Title 210Engineering, 210-3-1 - Small Watershed Hydrology
(WINTR-55) Version 1.0, incorporated herein by reference, as amended
and supplemented, available with user guide and tutorials at http://www.wsi.nrcs.usda.gov/products/W2Q/H&H/Tools_Models/WinTr55.html
or at Natural Resources Conservation Service, 220 Davidson Avenue,
Somerset, NJ 08873. Such surfaces may have varying degrees of permeability.
The process by which water seeps into the soil from precipitation.
Any division of land into five or more lots; any construction
or expansion of any housing development of five or more dwelling units;
any construction or expansion of any commercial or industrial use
or structure on a site of more than three acres; or any grading, clearing
or disturbance of an area in excess of 5,000 square feet.
All development other than major development.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, "motor vehicle" does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation, including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
The manual maintained by the NJDEP providing, in part, design specifications, removal rates, calculation methods, and soil-testing procedures approved by the NJDEP as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the NJDEP as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the NJDEP's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with § 244-209.1C(6) and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
The rate at which water moves through a unit area of soil,
rock, or other material at hydraulic gradient of one.
An individual, corporation, public agency, business trust,
partnership, association, two or more persons having a joint or common
interest, or any other legal entity.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. §§ 2011 et seq.)], thermal waste,
wrecked or discarded equipment, rock, sand, cellar dirt, industrial,
municipal, agricultural, and construction waste or runoff, or other
residue discharged directly or indirectly to the land, ground waters
or surface waters of the state, or to a domestic treatment works.
"Pollutant" includes both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase in motor vehicle surface; and/or
The total area of motor vehicle surface that is currently receiving
water quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant, where the water quality treatment will be modified or removed.
The level below the natural surface of the ground to which
water seasonally rises in the soil in most years.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which development is to occur or has
occurred.
All unconsolidated mineral and organic material of any origin.
Any material(s) or machinery, located at an industrial facility,
that is directly or indirectly related to process, manufacturing or
other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area within 300 feet of any wetland.
Lands which are inundated or saturated by water at a magnitude,
duration and frequency sufficient to support the growth of hydrophytes.
Wetlands include lands with poorly drained or very poorly drained
soils as designated by the National Cooperative Soils Survey of the
Soil Conservation Service of the United States Department of Agriculture.
Wetlands include coastal wetlands and inland wetlands, including submerged
lands. The "New Jersey Pinelands Commission Manual for Identifying
and Delineating Pinelands Area Wetlands — a Pinelands Supplement
to the Federal Manual for Identifying and Delineating Jurisdictional
Wetlands," dated January, 1991, as amended, may be utilized in delineating
the extent of wetlands based on the definitions of wetlands and wetlands
soils contained in N.J.A.C. 7:50-2.11, 6.3, 6.4 and 6.5.
C.
Stormwater management requirements.
(1)
Stormwater management measures for development regulated under
this section shall be designed to provide erosion control, groundwater
recharge, stormwater runoff quantity control and stormwater runoff
quality treatment in accordance with this section.
(a)
Major development shall meet the minimum design and performance
standards for erosion control established under the Soil Erosion and
Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules
at N.J.A.C. 2:90 and 16:25A.
(b)
All development regulated under this section shall meet the minimum design and performance standards for groundwater recharge, stormwater runoff quality, and stormwater runoff quantity at § 244-209.1C(15), (16), and (17) by incorporating green infrastructure as provided at § 244-209.1C(14).
(2)
All development regulated under this section shall incorporate a maintenance plan for the stormwater management measures in accordance with § 244-209.1I.
(3)
Stormwater management measures shall avoid adverse impacts of
concentrated flow on habitat for threatened and endangered species
in accordance with N.J.A.C. 7:8-5.2(c) and N.J.A.C. 7:50-6.27 and
6.33.
(4)
Tables 1, 2, and 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater BMP Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 244-209.1C(14), (15), (16), and (17). When designed in accordance with the most current version of the New Jersey Stormwater BMP Manual and this section, the stormwater management measures found in Tables 1, 2, and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater BMP Manual to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the NJDEP shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the NJDEP website at: https://njstormwater.org/bmp_manual2.htm.
(5)
Where the BMP tables at N.J.A.C. 7:8-5.2(f) differ with Tables 1, 2 and 3 below due to amendment, the BMP Tables at N.J.A.C. 7:8-5.2(f) shall take precedence, except that in all cases the lowest point of infiltration must maintain a minimum separation of two feet to seasonal high water table as required by § 244-209.1C(8)(b), unless otherwise noted.
Table 1: Green Infrastructure BMPs for Groundwater Recharge,
Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
---|---|---|---|---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Cistern
|
0
|
Yes
|
No
|
—
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
|
1(f)
| ||||
Green roof
|
0
|
Yes
|
No
|
—
|
Manufactured treatment device(a), (g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
|
2(b)
|
No(c)
|
2(c)
| |||
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
|
2(b)
|
No(c)
|
1(c)
| |||
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
Small scale sand filter(a)
|
80
|
Yes
|
Yes
|
2
|
Vegetative filter strip
|
60-80
|
No
|
No
|
—
|
Table 2: Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality with
a Variance from N.J.A.C. 7:8-5.3)
| ||||
---|---|---|---|---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(Feet)
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
Sand filter (b)
|
80
|
Yes
|
Yes
|
2
|
Standard constructed wetland
|
90
|
Yes
|
No
|
2(i)
|
Wet pond(d)
|
50-90
|
Yes
|
No
|
2(i)
|
Table 3: BMPs for Groundwater Recharge, Stormwater Runoff Quality,
and/or Stormwater Runoff Quantity only with a Variance from N.J.A.C.
7:8-5.3
| ||||
---|---|---|---|---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(Feet)
|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
Extended detention basin
|
40-60
|
Yes
|
No
|
2
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
Sand filter (c)
|
80
|
Yes
|
No
|
2
|
Subsurface gravel wetland
|
90
|
No
|
No
|
2
|
Wet pond
|
50-90
|
Yes
|
No
|
2(i)
|
Footnotes to Tables 1,2, and 3:
| |
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 244-209.1C(14)(b).
|
(b)
|
Designed to infiltrate into the subsoil.
|
(c)
|
Designed with underdrains, where stormwater percolates into
the underdrain through the soils and is not directed to the underdrain
by an outlet control structure.
|
(d)
|
Designed to maintain at least a ten-foot wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation.
|
(e)
|
Designed with a slope of less than 2%.
|
(f)
|
Designed with a slope of equal to or greater than 2%.
|
(g)
|
Manufactured treatment devices that meet the definition of "green infrastructure" at § 244-209.1B.
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at § 244-209.1B.
|
(i)
|
The top elevation of the impermeable layer or liner must maintain
this two-foot minimum separation to the seasonal high water table.
|
(6)
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the NJDEP and the Pinelands Commission in accordance with § 244-209.1E(2). Alternative stormwater management measures may be used to satisfy the requirements at § 244-209.1C(14) only if the measures meet the definition of green infrastructure at § 244-209.1B. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 244-209.1C(14)(b) are subject to the contributory drainage area limitation specified at § 244-209.1C(14)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at § 244-209.1C(14)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with § 244-209.1J is granted from § 244-209.1C(14).
(7)
Hydraulic impacts.
(a)
For all major development, groundwater mounding analysis shall
be required for purposes of assessing the hydraulic impacts of mounding
of the water table resulting from infiltration of stormwater runoff
from the maximum storm designed for infiltration. The mounding analysis
shall provide details and supporting documentation on the methodology
used. Groundwater mounds shall not cause stormwater or groundwater
to break out to the land surface or cause adverse impacts to adjacent
water bodies, wetlands, or subsurface structures, including, but not
limited to, basements and septic systems. Where the mounding analysis
identifies adverse impacts, the stormwater management measure shall
be redesigned or relocated, as appropriate.
(b)
For all applicable minor development, a design engineer's
certification that each green infrastructure stormwater management
measure will not adversely impact basements or septic systems of the
proposed development shall be required.
(8)
Design standards for stormwater management measures are as follows:
(a)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; wetland transition areas;
flood-prone areas; slopes; depth to seasonal high water table; soil
type, permeability, and texture; drainage area and drainage patterns;
and the presence of solution-prone carbonate rocks (limestone);
(b)
Stormwater management measures designed to infiltrate stormwater
shall be designed, constructed, and maintained to provide a minimum
separation of at least two feet between the elevation of the lowest
point of infiltration and the seasonal high water table;
(c)
Stormwater management measures designed to infiltrate stormwater
shall be sited in suitable soils verified by testing to have permeability
rates between one and 20 inches per hour. A factor of safety of two
shall be applied to the soil's permeability rate in determining
the infiltration measure's design permeability rate. If such
soils do not exist on the parcel proposed for development or if it
is demonstrated that it is not practical for engineering, environmental,
or safety reasons to site the stormwater infiltration measure(s) in
such soils, the stormwater infiltration measure(s) may be sited in
soils verified by testing to have permeability rates in excess of
20 inches per hour, provided that stormwater is routed through a bioretention
system prior to infiltration. Said bioretention system shall be designed,
installed, and maintained in accordance with the New Jersey Stormwater
BMP Manual;
(d)
The use of stormwater management measures that are smaller in
size and distributed spatially throughout a parcel, rather than the
use of a single, larger stormwater management measure shall be required;
(e)
Methods of treating stormwater prior to entering any stormwater
management measure shall be incorporated into the design of the stormwater
management measure to the maximum extent practical;
(f)
To avoid sedimentation that may result in clogging and reduction
of infiltration capability and to maintain maximum soil infiltration
capacity, the construction of stormwater management measures that
rely upon infiltration shall be managed in accordance with the following
standards:
[1]
No stormwater management measure shall be placed
into operation until its drainage area has been completely stabilized.
Instead, upstream runoff shall be diverted around the measure and
into separate, temporary stormwater management facilities and sediment
basins. Such temporary facilities and basins shall be installed and
utilized for stormwater management and sediment control until stabilization
is achieved in accordance with N.J.A.C. 2:90;
[2]
If, for engineering, environmental, or safety reasons, temporary stormwater management facilities and sediment basins cannot be constructed on the parcel in accordance with Subsection C(8)(f)[1] above, the stormwater management measure may be placed into operation prior to the complete stabilization of its drainage area provided that the measure's bottom during this period is constructed at a depth at least two feet higher than its final design elevation. When the drainage area has been completely stabilized, all accumulated sediment shall be removed from the stormwater management measure, which shall then be excavated to its final design elevation; and
[3]
To avoid compacting the soils below a stormwater
management measure designed to infiltrate stormwater, no heavy equipment,
such as backhoes, dump trucks, or bulldozers shall be permitted to
operate within the footprint of the stormwater management measure.
All excavation required to construct a stormwater management measure
that relies on infiltration shall be performed by equipment placed
outside the footprint of the stormwater management measure. If this
is not possible, the soils within the excavated area shall be renovated
and tilled after construction is completed. Earthwork associated with
stormwater management measure construction, including excavation,
grading, cutting, or filling, shall not be performed when soil moisture
content is above the lower plastic limit;
(g)
Dry wells shall be designed to prevent access by amphibian and
reptiles;
(h)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm established at § 244-209.1C(16)(d). For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 244-209.1G(3)(a);
(i)
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement;
(j)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 244-209.1G; and
(k)
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of 2 1/2 inches
in diameter.
(9)
Manufactured treatment devices may be used to meet the requirements of this section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the NJDEP. Manufactured treatment devices that do not meet the definition of green infrastructure at § 244-209.1B may be used only under the circumstances described at § 244-209.1C(14)(d).
(10)
Any application for a new agricultural development that meets the definition of major development at N.J.A.C. 7:8-1.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 244-209.1C(14), (15), (16), and (17) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
(11)
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 244-209.1C(15), (16), and (17) shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
(12)
Any stormwater management measure authorized under the municipal stormwater management plan or this section shall be reflected in a deed notice recorded in the Ocean County Clerk's Office. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 244-209.1C(14), (15), (16), and (17) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 244-209.11(2)(e). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
(13)
A stormwater management measure approved under the municipal stormwater management plan or this section may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards contained in § 244-209.1C (15), (16), and (17) and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Ocean County Clerk's Office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection C(12) above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection C(12) above.
(14)
Green infrastructure standards.
(a)
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards of this section.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at § 244-209.1C(15) and (16), the design engineer shall utilize BMPs identified in Table 1 at § 244-209.1C(5) and/or an alternative stormwater management measure approved in accordance with § 244-209.1C(6). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
Best Management Practice
|
Maximum Contributory Drainage Area
|
---|---|
Dry well
|
1 acre
|
Manufactured treatment device
|
2.5 acres
|
Pervious pavement system
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
Small-scale bioretention systems
|
2.5 acres
|
Small-scale infiltration basin
|
2.5 acres
|
Small-scale sand filter
|
2.5 acres
|
(c)
To satisfy the stormwater runoff quantity standards at § 244-209.1C(17), the design engineer shall utilize BMPs identified in Table 1 or 2 at § 244-209.1C(5) and/or an alternative stormwater management measure approved in accordance with § 244-209.1C(6).
(d)
If a variance in accordance with § 244-209.1J is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3 at § 244-209.1C(5) and/or an alternative stormwater management measure approved in accordance with § 244-209.1C(6) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 244-209.1C(15), (16), and (17).
(e)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at § 244-209.1C(15), (16), and (17).
(15)
Groundwater recharge standards.
(a)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows:
(b)
For all major development, the total runoff volume generated
from the net increase in impervious surfaces by a ten-year, twenty-four-hour
storm shall be retained and infiltrated onsite.
(c)
For minor development that involves the construction of four
or fewer dwelling units, the runoff generated from the total roof
area of the dwelling(s) by a ten-year, twenty-four-hour storm shall
be retained and infiltrated through installation of one or more green
infrastructure stormwater management measures designed in accordance
with the New Jersey Stormwater BMP Manual. Appropriate green infrastructure
stormwater management measures include, but are not limited to, dry
wells, pervious pavement systems, and small scale bioretention systems,
including rain gardens.
(d)
For minor development that involves any nonresidential use and
will result in an increase of greater than 1,000 square feet of regulated
motor vehicle surfaces, the water quality design storm volume generated
from these surfaces shall be recharged onsite.
(e)
Stormwater from areas of high pollutant loading and/or industrial stormwater exposed to source material shall only be recharged in accordance with § 244-209.1C(16)(h).
(16)
Stormwater runoff quality standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of:
[1]
Major development;
[2]
Minor development that involves any nonresidential
use and will result in an increase of greater than 1,000 square feet
of regulated motor vehicle surfaces; and
[3]
Any development involving the grading, clearing,
or disturbance of an area in excess of 5,000 square feet within any
five-year period.
(b)
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm established at § 244-209.1C(16)(d) as follows:
[1]
Eighty percent TSS removal of the anticipated load,
expressed as an annual average shall be achieved for the stormwater
runoff from the net increase of motor vehicle surface.
[2]
If the surface is considered regulated motor vehicle
surface because the water quality treatment for an area of motor vehicle
surface that is currently receiving water quality treatment either
by vegetation or soil, by an existing stormwater management measure,
or by treatment at a wastewater treatment plant is to be modified
or removed, the project shall maintain or increase the existing TSS
removal of the anticipated load expressed as an annual average.
(c)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection C(16)(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(d)
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
Table 4: Water Quality Design Storm Distribution
| |||||
---|---|---|---|---|---|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
5
|
0.0083
|
45
|
0.2
|
85
|
1.117
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
8
|
0.01328
|
48
|
0.235
|
88
|
1.1368
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
10
|
0.0166
|
50
|
0.2583
|
90
|
1.15
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.155
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.16
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.165
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.17
|
15
|
0.025
|
55
|
0.3583
|
95
|
1.175
|
16
|
0.03
|
56
|
0.4116
|
96
|
1.18
|
17
|
0.035
|
57
|
0.465
|
97
|
1.185
|
18
|
0.04
|
58
|
0.5183
|
98
|
1.19
|
19
|
0.045
|
59
|
0.5717
|
99
|
1.195
|
20
|
0.05
|
60
|
0.625
|
100
|
1.2
|
21
|
0.055
|
61
|
0.6783
|
101
|
1.205
|
22
|
0.06
|
62
|
0.7317
|
102
|
1.21
|
23
|
0.065
|
63
|
0.785
|
103
|
1.215
|
24
|
0.07
|
64
|
0.8384
|
104
|
1.22
|
25
|
0.075
|
65
|
0.8917
|
105
|
1.225
|
26
|
0.08
|
66
|
0.9117
|
106
|
1.2267
|
27
|
0.085
|
67
|
0.9317
|
107
|
1.2284
|
28
|
0.09
|
68
|
0.9517
|
108
|
1.23
|
29
|
0.095
|
69
|
0.9717
|
109
|
1.2317
|
30
|
0.1
|
70
|
0.9917
|
110
|
1.2334
|
31
|
0.1066
|
71
|
1.0034
|
111
|
1.2351
|
32
|
0.1132
|
72
|
1.015
|
112
|
1.2367
|
33
|
0.1198
|
73
|
1.0267
|
113
|
1.2384
|
34
|
0.1264
|
74
|
1.0383
|
114
|
1.24
|
35
|
0.133
|
75
|
1.05
|
115
|
1.2417
|
36
|
0.1396
|
76
|
1.0568
|
116
|
1.2434
|
37
|
0.1462
|
77
|
1.0636
|
117
|
1.245
|
38
|
0.1528
|
78
|
1.0704
|
118
|
1.2467
|
39
|
0.1594
|
79
|
1.0772
|
119
|
1.2483
|
40
|
0.166
|
80
|
1.084
|
120
|
1.25
|
(e)
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
R = A + B - (A x B)/100
| ||
Where:
| ||
R
|
=
|
total TSS percent load removal from application of both BMPs;
and
|
A
|
=
|
the TSS percent removal rate applicable to the first BMP;
|
B
|
=
|
the TSS percent removal rate applicable to the second BMP.
|
(f)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm established at § 244-209.1C(16)(d). In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in § 244-209.1C(15), (16), and (17).
(g)
For all major development, stormwater management measures shall be designed to achieve a minimum of 65% reduction of the post-construction total nitrogen load from the developed site, including those permanent lawn or turf areas that are specifically intended for active human use as described at N.J.A.C. 7:50-6.24(c)3, in stormwater runoff generated from the water quality design storm established at § 244-209.1C(16)(d). In achieving a minimum 65% reduction of total nitrogen, the design of the site shall include green infrastructure in accordance with the New Jersey Stormwater BMP Manual and shall optimize nutrient removal. The minimum 65% total nitrogen reduction may be achieved by using a singular stormwater management measure or multiple stormwater management measures in series.
(h)
In high pollutant loading areas (HPLAs) and/or areas where stormwater runoff is exposed to source material, as defined in § 244-209.1B, the following additional water quality standards shall apply:
[1]
The areal extent and amount of precipitation falling
directly on or flowing over HPLAs and/or areas where stormwater is
exposed to source material shall be minimized through the use of roof
covers, canopies, curbing or other physical means to the maximum extent
practical in order to minimize the quantity of stormwater generated
from HPLA areas and areas where stormwater runoff is exposed to source
material;
[2]
The stormwater runoff originating from HPLAs and/or areas where stormwater runoff is exposed to source material shall be segregated and prohibited from commingling with stormwater runoff originating from the remainder of the parcel unless it is first routed through one or more stormwater management measures required at Subsection C(16)(h)[3] below;
[3]
The stormwater runoff from HPLAs and/or areas where stormwater runoff is exposed to source material shall incorporate stormwater management measures designed to reduce the post-construction load of TSS by at least 90% stormwater runoff generated from the water quality design storm established at § 244-209.1C(16)(d) using one or more of the measures identified at Subsection C(16)(h)[3] [a] or [b] below. In meeting this requirement, the minimum 90% removal of total suspended solids may be achieved by utilizing multiple stormwater management measures in series:
[a]
Any measure designed in accordance with the New
Jersey Stormwater BMP Manual to remove total suspended solids. Any
such measure must be constructed to ensure that the lowest point of
infiltration within the measure maintains a minimum of two feet of
vertical separation from the seasonal high-water table; and
[b]
Other measures certified by the NJDEP, including
a Media Filtration System manufactured treatment device with a minimum
80% removal of total suspended solids as verified by the New Jersey
Corporation for Advanced Technology; and
[4]
If the potential for contamination of stormwater runoff by petroleum products exists on-site, prior to being conveyed to the stormwater management measure required at Subsection C(16)(h)[3] above, the stormwater runoff from the HPLAs and areas where stormwater runoff is exposed to source material shall be conveyed through an oil/grease separator or other equivalent manufactured filtering device providing for the removal of petroleum hydrocarbons. The applicant shall provide the review agency with sufficient data to demonstrate acceptable performance of the device.
(i)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(j)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3.i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(17)
Stormwater runoff quantity standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts related to
applicable major and minor development.
(b)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 244-209.1D, complete one of the following:
[1]
Demonstrate through hydrologic and hydraulic analysis
that for stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100- year storm events do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same
storm events;
[2]
Demonstrate through hydrologic and hydraulic analysis
that there is no increase, as compared to the pre-construction condition,
in the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
[3]
Design stormwater management measures so that the
post-construction peak runoff rates for the two-, ten- and 100-year
storm events are 50%, 75% and 80% respectively, of the pre-construction
peak runoff rates. The percentages apply only to the post-construction
stormwater runoff that is attributable to the portion of the site
on which the proposed development or project is to be constructed;
or
[4]
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection C(17)(b)[1], [2], and [3] above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
(c)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse,
or receiving storm sewer system.
(d)
There shall be no direct discharge of stormwater runoff from
any point or nonpoint source to any wetland, wetlands transition area,
or surface waterbody. In addition, stormwater runoff shall not be
directed in such a way as to increase the volume and rate of discharge
into any wetlands, wetlands transition area, or surface water body
from that which existed prior to development of the parcel.
(e)
To the maximum extent practical, there shall be no direct discharge
of stormwater runoff onto farm fields to protect farm crops from damage
due to flooding, erosion, and long-term saturation of cultivated crops
and cropland.
(18)
As-built requirements for major development are as follows:
(a)
After all construction activities have been completed on the
parcel and finished grade has been established in each stormwater
management measure designed to infiltrate stormwater, replicate post-development
permeability tests shall be conducted to determine if as-built soil
permeability rates are consistent with design permeability rates.
The results of such tests shall be submitted to the municipal engineer
or other appropriate reviewing engineer. If the results of the post-development
permeability tests fail to achieve the minimum required design permeability
rate, utilizing a factor of safety of two, the stormwater management
measure shall be renovated and retested until the required permeability
rates are achieved; and
(b)
After all construction activities and required testing have
been completed on the parcel, as-built plans, including as-built elevations
of all stormwater management measures shall be submitted to the municipal
engineer or other appropriate reviewing engineer to serve as a document
of record. Based upon that engineer's review of the as-built
plans, all corrections or remedial actions deemed necessary due to
the failure to comply with design standards and/or for any reason
concerning public health or safety, shall be completed by the applicant.
In lieu of review by the municipal engineer, the municipality may
engage a licensed professional engineer to review the as-built plans
and charge the applicant for all costs associated with such review.
D.
Calculation of stormwater runoff and groundwater recharge.
(1)
Stormwater runoff shall be calculated by the design engineer
using the USDA Natural Resources Conservation Service (NRCS) methodology,
including the NRCS Runoff Equation and Dimensionless Unit Hydrograph,
as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National
Engineering Handbook, incorporated herein by reference as amended
and supplemented, except that the Rational Method for peak flow and
the Modified Rational Method for hydrograph computations shall not
be used. This methodology is additionally described in Technical Release
55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986,
incorporated herein by reference as amended and supplemented. Information
regarding the methodology is available from the Natural Resources
Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf
or at United States Department of Agriculture Natural Resources Conservation
Service, 220 Davison Avenue, Somerset, New Jersey 08873.
(2)
In calculating stormwater runoff using the NRCS methodology,
the appropriate twenty-four-hour rainfall depths as developed for
the parcel by the National Oceanic and Atmospheric Administration,
https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj, shall
be utilized.
(3)
For the purpose of calculating runoff coefficients and groundwater
recharge, there is a presumption that the pre-construction condition
of a site or portion thereof is a wooded land use with good hydrologic
condition. A runoff coefficient or a groundwater recharge land cover
for an existing condition may be used on all or a portion of the site
if the design engineer verifies that the hydrologic condition has
existed on the site or portion of the site for at least five years
without interruption prior to the time of application. If more than
one land cover has existed on the site during the five years immediately
prior to the time of application, the land cover with the lowest runoff
potential shall be used for the computations. In addition, there is
the presumption that the site is in good hydrologic condition (if
the land use type is pasture, lawn, or park), with good cover (if
the land use type is woods), or with good hydrologic condition and
conservation treatment (if the land use type is cultivation).
(4)
In computing pre-construction stormwater runoff, the design
engineer shall account for all significant land features and structures,
such as ponds, wetlands, depressions, hedgerows, or culverts, that
may reduce pre-construction stormwater runoff rates and volumes.
(5)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
(6)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tail water in the design of structural stormwater management
measures.
(7)
Groundwater recharge may be calculated in accordance with the
New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
E.
Sources for technical guidance.
(1)
Technical guidance for stormwater management measures can be
found in the documents listed below, which are available to download
from the NJDEP's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(a)
Guidelines for stormwater management measures are contained in the New Jersey Stormwater BMP Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3 of § 244-209.1C(5). The New Jersey Stormwater BMP Manual may be utilized as a guide in determining the extent to which stormwater management activities and measures meet the standards of this section.
(b)
Additional maintenance guidance is available on the NJDEP's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
(2)
Submissions.
(a)
Submissions required for review by the NJDEP should be mailed
to: The Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
(b)
Submissions required for review by the Pinelands Commission
should be emailed to appinfo@pinelands.nj.gov.
F.
Solids and floatable materials control standards.
(1)
Site design features identified under § 244-209.1C(5), or alternative designs in accordance with § 244-209.1C(6), to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection F(1)(b) below.
(a)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
[1]
The New Jersey Department of Transportation (NJDOT)
bicycle-safe grate, which is described in Chapter 2.4 of the NJDOT
Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines;
or
[2]
A different grate, if each individual clear space
in that grate has an area of no more than seven square inches, or
is no greater than 0.5 inches across the smallest dimension. Examples
of grates subject to this standard include grates in grate inlets,
the grate portion (non-curb-opening portion) of combination inlets,
grates on storm sewer manholes, ditch grates, trench grates, and grates
of spacer bars in slotted drains. Examples of ground surfaces include
surfaces of roads (including bridges), driveways, parking areas, bikeways,
plazas, sidewalks, lawns, fields, open channels, and stormwater system
floors used to collect stormwater from the surface into a storm drain
or surface water body.
[3]
For curb-opening inlets, including curb-opening
inlets in combination inlets, the clear space in that curb opening,
or each individual clear space if the curb opening has two or more
clear spaces, shall have an area of no more than seven square inches,
or be no greater than two inches across the smallest dimension.
(b)
The standard in Subsection F(1)(a) above does not apply:
[1]
Where each individual clear space in the curb opening
in existing curb-opening inlet does not have an area of more than
nine square inches;
[2]
Where the municipality agrees that the standards
would cause inadequate hydraulic performance that could not practicably
be overcome by using additional or larger storm drain inlets;
[3]
Where flows from the water quality design storm
established at § 244- 209.1C(16)(d) are conveyed through
any device (e.g., end of pipe netting facility, manufactured treatment
device, or a catch basin hood) that is designed, at a minimum, to
prevent delivery of all solid and floatable materials that could not
pass through one of the following:
[a]
A rectangular space 4.625 inches long and one and
1.5 inches wide (this option does not apply for outfall netting facilities);
or
[b]
A bar screen having a bar spacing of 0.5 inches.
Note that these exemptions do not authorize any infringement of requirements
in the Residential Site Improvement Standards for bicycle safe grates
in new residential development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).
[4]
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the Water Quality Design Storm established at § 244-209.1C(16)(d); or
[5]
Where the NJDEP determines, pursuant to the New
Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that
action to meet this standard is an undertaking that constitutes an
encroachment or will damage or destroy the New Jersey Register listed
historic property.
G.
Safety standards for stormwater management basins.
(1)
This section sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This section applies to any new stormwater management BMP.
(2)
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection G(3)(a), (b) or (c) below for trash racks, overflow grates, and escape provisions at outlet structures.
(3)
Requirements for trash racks, overflow grates and escape provisions.
(a)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the stormwater management
BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
[1]
The trash rack shall have parallel bars, with no
greater than six-inch spacing between the bars;
[2]
The trash rack shall be designed so as not to adversely
affect the hydraulic performance of the outlet pipe or structure;
[3]
The average velocity of flow through a clean trash
rack is not to exceed 2.5 feet per second under the full range of
stage and discharge. Velocity is to be computed on the basis of the
net area of opening through the rack; and
[4]
The trash rack shall be constructed of rigid, durable,
and corrosion-resistant material and designed to withstand a perpendicular
live loading of 300 pounds per square foot.
(b)
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
the grate shall comply with the following requirements:
[1]
The overflow grate shall be secured to the outlet
structure but removable for emergencies and maintenance.
[2]
The overflow grate spacing shall be no greater
than two inches across the smallest dimension.
[3]
The overflow grate shall be constructed of rigid,
durable, and corrosion-resistant material, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
(c)
Stormwater management BMPs shall include escape provisions as
follows:
[1]
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection G(4) below, a free-standing outlet structure may be exempted from this requirement;
[2]
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Subsection G(5) below for an illustration of safety ledges in a stormwater management BMP; and
[3]
In new stormwater management BMPs, the maximum
interior slope for an earthen dam, embankment, or berm shall not be
steeper than three horizontal to one vertical.
(4)
Variance or exemption from safety standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
H.
Requirements for a site development stormwater plan.
(1)
Submission of site development stormwater plan.
(a)
Any application for major development approval shall include a Site Development Stormwater Plan containing all information required in § 244-209.1H(3).
(b)
Any application for minor development approval that is subject to this section shall include a Site Development Stormwater Plan containing all information required in § 244-209.1H(4)
(c)
The Site Development Stormwater Plan shall demonstrate that
the proposed development meets the standards of this section.
(d)
The Site Development Stormwater Plan shall contain comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in § 244-209.1C(16)(d). The standards for groundwater recharge and stormwater runoff rate, volume and quality required by § 244-209.1C(15), (16), and (17) and shall be met using the methods, calculations and assumptions provided in § 244-209.1D.
(f)
The applicant shall submit two copies of the Site Development
Stormwater Plan. All required engineering plans shall be in CAD Format
15 or higher, registered and rectified to NAD 1983 State Plane New
Jersey FIPS 2900 US Feet or Shape Format NAD 1983 State Plane New
Jersey FIPS 2900 US Feet. All other required documents shall be submitted
in both paper and commonly used electronic file formats such as .pdf,
word processing, database or spreadsheet files.
(2)
Site Development Stormwater Plan Approval. The Site Development
Stormwater Plan shall be reviewed as a part of the development review
process by the municipal board or official from whom municipal approval
is sought. That municipal board or official shall consult the engineer
retained by the Planning and/or Zoning Board (as appropriate) to determine
if all the checklist requirements have been satisfied and to determine
if the project meets the standards set forth in this section.
(3)
Checklist requirements for major development. Any application
for major development approval shall include a Site Development Stormwater
Plan containing, at minimum, the following information.
(a)
Topographic base map. The Site Development Stormwater Plan shall
contain a topographic base map of the site that extends a minimum
of 300 feet beyond the limits of the proposed development, at a scale
of one inch equals 200 feet or greater, showing one-foot contour intervals.
The map shall indicate the following: existing surface water drainage,
shorelines, steep slopes, soils, highly erodible soils, perennial
or intermittent streams that drain into or upstream of any Category
One or Pinelands Waters, wetlands and floodplains along with any required
wetlands transition areas, marshlands and other wetlands, pervious
or vegetative surfaces, existing surface and subsurface human-made
structures, roads, bearing and distances of property lines, and significant
natural and man-made features not otherwise shown. Jackson Township
or the Pinelands Commission may require upstream tributary drainage
system information as necessary.
(b)
Environmental site analysis. The Site Development Stormwater
Plan shall contain a written description along with the drawings of
the natural and human-made features of the site and its environs.
This description shall include:
[1]
A discussion of environmentally critical areas,
soil conditions, slopes, wetlands, waterways and vegetation on the
site. Particular attention shall be given to unique, unusual or environmentally
sensitive features and to those features that provide particular opportunities
for or constraints on development; and
[2]
Detailed soil and other environmental conditions
on the portion of the site proposed for installation of any stormwater
management measures, including, at a minimum:
[a]
A soils report based on on-site soil tests;
[b]
Location and spot elevations in plan view of all
test pits and permeability tests;
[c]
Permeability test data and calculations;
[d]
Any other required soil or hydrogeologic data (e.g.,
mounding analyses results) correlated with location and elevation
of each test site;
[e]
A cross section of all proposed stormwater management
measures with side-by-side depiction of soil profile drawn to scale
and seasonal high water table elevation identified; and
[f]
Any other information necessary to demonstrate
the suitability of the specific proposed stormwater management measures
relative to the environmental conditions on the portion(s) of the
site proposed for implementation of those measures.
(c)
Project description and site plan(s). The Site Development Stormwater
Plan shall contain a map (or maps), at the same scale as the topographical
base map, indicating the location of existing and proposed buildings,
roads, parking areas, utilities, structural facilities for stormwater
management and sediment control, and other permanent structures. The
map(s) shall also clearly show areas where alterations will occur
in the natural terrain and cover, including lawns and other landscaping,
and seasonal high groundwater elevations. A written description of
the site plan and justification for proposed changes in natural conditions
shall also be provided.
(d)
Land use planning and source control plan. The Site Development
Stormwater Plan shall contain a Land Use Planning and Source Control
Plan demonstrating compliance with the erosion control, groundwater
recharge, stormwater runoff quantity control and stormwater quality
treatment required by this section. This shall include, but is not
limited to:
[1]
Information demonstrating that the proposed stormwater management measures are able to achieve a minimum 65% reduction of the post-construction total nitrogen load, in accordance with § 244-209.1C(16)(g).
[2]
Where any stormwater generated from high pollutant loading areas or where stormwater will be exposed to source material, information demonstrating that the proposed stormwater management measures are consistent with § 244-209.1C(16)(h).
(e)
Stormwater management facilities map. The Site Development Stormwater
Plan shall contain a Stormwater Management Facilities Map, at the
same scale as the topographic base map, depicting the following information:
[1]
The total area to be disturbed, paved and/or built
upon, proposed surface contours, land area to be occupied by the stormwater
management facilities and the type of vegetation thereon, and details
of the proposed plan to manage and recharge stormwater; and
[2]
Details of all stormwater management facility designs,
during and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention (if applicable)
and emergency spillway provisions with maximum discharge capacity
of each spillway.
(f)
Groundwater mounding analysis. The Site Development Stormwater Plan shall contain a groundwater mounding analysis in accordance with § 244-209.1C(7)(a).
(g)
Inspection, maintenance and repair plan. The Site Development Stormwater Plan shall contain an Inspection, Maintenance and Repair Plan containing information meeting the requirements of § 244-209.1I(2) of this section.
(4)
Checklist requirements for minor development. Any application
for minor development approval that is subject to this section shall
include a Site Development Stormwater Plan, certified by a design
engineer, containing, at minimum, the following information:
(a)
All existing and proposed development, including limits of clearing
and land disturbance.
(b)
All existing and proposed lot lines.
(c)
All wetlands and required wetland transition areas.
(d)
The type and location of each green infrastructure stormwater
management measure.
(f)
A design engineer's certification that each green infrastructure stormwater management measure will not adversely impact basements or septic systems of the proposed development, in accordance with § 244-209.1C(7)(b).
(g)
A maintenance plan containing information meeting the requirements of § 244-209.1I(2) of this section.
(5)
Exception from submission requirements. With the exception of Subsection H(3)(g) and (4)(g) above, the municipality may modify or waive any required element of the Site Development Stormwater Plan, provided that sufficient information can be provided to demonstrate compliance with the standards of this section. However, application information required in accordance with the Pinelands CMP [N.J.A.C. 7:50-4.2(b)] shall be submitted to the Pinelands Commission, unless the Executive Director of the Pinelands Commission waives or modifies the application requirements.
I.
Maintenance; repair.
(2)
The maintenance plan shall include the following:
(a)
Specific preventative maintenance tasks and schedules; cost
estimates, including estimated cost of sediment, debris, or trash
removal; and the name, address, and telephone number of the person
or persons responsible for preventative and corrective maintenance
(including replacement). The plan shall contain information on BMP
location, design, ownership, maintenance tasks and frequencies, and
other details as specified in Chapter 8 of the NJ BMP Manual, as well
as the tasks specific to the type of BMP, as described in the applicable
chapter containing design specifics.
(b)
Responsibility for maintenance of stormwater management measures
approved as part of an application for major development shall not
be assigned or transferred to the owner or tenant of an individual
property, unless such owner or tenant owns or leases the entire site
subject to the major development approval. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
the maintenance required.
(c)
Responsibility for maintenance of stormwater management measures
approved as part of an application for minor development may be assigned
or transferred to the owner or tenant of the parcel.
(d)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners'
association) as having the responsibility for maintenance, the plan
shall include documentation of such person's or entity's
agreement to assume this responsibility, or of the owner's obligation
to dedicate a stormwater management facility to such person under
an applicable ordinance or regulation.
(e)
If the person responsible for maintenance identified under Subsection I(2)(a) above is not a public agency, the maintenance plan and any future revisions based on § 244-209.1I(3)(b)[2] shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(f)
For all major development, the following additional standards
apply:
[1]
The maintenance plan shall include accurate and
comprehensive drawings of all stormwater management measures on a
parcel, including the specific latitude and longitude and block/lot
number of each stormwater management measure. Maintenance plans shall
specify that an inspection, maintenance, and repair report will be
updated and submitted annually to the municipality;
[2]
Stormwater management measure easements shall be
provided by the property owner as necessary for facility inspections
and maintenance and preservation of stormwater runoff conveyance,
infiltration, and detention areas and facilities. The purpose of the
easement shall be specified in the maintenance agreement; and
[3]
An adequate means of ensuring permanent financing
of the inspection, maintenance, repair, and replacement plan shall
be implemented and shall be detailed in the maintenance plan. Financing
methods shall include, but not be limited to:
[a]
The assumption of the inspection and maintenance
program by a municipality, county, public utility, or homeowners association;
[b]
The required payment of fees to a municipal stormwater
fund in an amount equivalent to the cost of both ongoing maintenance
activities and necessary structural replacements.
(g)
For all minor development, maintenance plans shall be required
for all stormwater management measures installed in accordance with
this section and shall include, at a minimum, the following information:
[1]
A copy of the certified plan required pursuant to § 244-209.1H(4);
[2]
A description of the required maintenance activities
for each stormwater management measure; and
[3]
The frequency of each required maintenance activity.
(3)
General maintenance and repair.
(a)
Preventative and corrective maintenance shall be performed to
maintain the function of the stormwater management measure, including,
but not limited to, repairs or replacement to the structure; removal
of sediment, debris, or trash; restoration of eroded areas; snow and
ice removal; fence repair or replacement; restoration of vegetation;
and repair or replacement of non-vegetated linings.
(b)
The person responsible for maintenance identified under § 244-209.1I(2)(b) shall perform all of the following requirements:
[1]
Maintain a detailed log of all preventative and
corrective maintenance for the structural stormwater management measures
incorporated into the design of the development, including a record
of all inspections and copies of all maintenance-related work orders;
[2]
Evaluate the effectiveness of the maintenance plan
at least once per year and adjust the plan and the deed as needed;
and
[3]
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection I(3)(b)[1] and [2] above.
(d)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or county may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
(4)
Nothing in this section shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
J.
Variances.
(1)
The exemptions, exceptions, applicability standards, and waivers
of strict compliance contained in the NJDEP Stormwater Management
Regulations at N.J.A.C. 7:8-1.1 et seq. shall not apply within the
Pinelands Area except in accordance with this section.
(2)
The municipal review agency may grant a variance from the design
and performance standards for stormwater management measures set forth
in its municipal stormwater management plan and this section, provided
that:
(a)
No variances shall be granted from § 244-209.1C(17)(d), which prohibits the direct discharge of stormwater runoff to any wetlands, wetlands transition area, or surface waterbody and the direction of stormwater runoff in such a way as to increase in volume and rate of discharge into any wetlands, wetlands transition area, or surface water body from that which existed prior to development of the parcel;
(b)
The municipal stormwater plan includes a mitigation plan in
accordance with N.J.A.C. 7:8-4.2(c)11 and N.J.A.C. 7:50-3.39(a)2viii;
(c)
The applicant demonstrates that it is technically impracticable
to meet any one or more of the design and performance standards on-site.
For the purposes of this analysis, technical impracticability exists
only when the design and performance standard cannot be met for engineering,
environmental, or safety reasons. A municipality's approval of
a variance shall apply to an individual drainage area and design and
performance standard and shall not apply to an entire site or project,
unless an applicant provides the required analysis for each drainage
area within the site and each design and performance standard;
(d)
The applicant demonstrates that the proposed design achieves
the maximum possible compliance with the design and performance standards
of this section on-site; and
(e)
A mitigation project is implemented, in accordance with the
following:
[1]
All mitigation projects shall be located in the
Pinelands Area and in the same HUC-14 as the parcel proposed for development.
If the applicant demonstrates that no such mitigation project is available,
the municipality may approve a variance that provides for mitigation
within the same HUC-11 as the parcel proposed for development, provided
the mitigation project is located in the Pinelands Area.
[2]
The proposed mitigation project shall be consistent with the municipal stormwater management plan certified by the Pinelands Commission. If said stormwater management plan does not identify appropriate parcels or projects where mitigation may occur, the applicant may propose a mitigation project that meets the criteria in Subsection J(2)(e)[1] above.
[3]
The mitigation project shall be approved no later
than preliminary or final site plan approval of the major development.
[4]
The mitigation project shall be constructed prior
to, or concurrently with, the development receiving the variance.
[5]
The mitigation project shall comply with the green infrastructure standards at Subsection C(14).
[6]
If the variance that resulted in the mitigation project being required is from the green infrastructure standards at § 244-209.1C(14), then the mitigation project must use green infrastructure BMPs in Table 1 contained at § 244-209.1C(5), and/or an alternative stormwater management measure approved in accordance with § 244-209.1C(6) that meets the definition of green infrastructure to manage an equivalent or greater area of impervious surface and an equivalent or greater area of motor vehicle surface as the area of the major development subject to the variance. Grass swales and vegetative filter strips may only be used in the mitigation project if the proposed project additionally includes a green infrastructure BMP other than a grass swale or vegetative filter strip. The green infrastructure used in the mitigation project must be sized to manage the water quality design storm established at § 244-209.1C(16)(d), at a minimum, and is subject to the applicable contributory drainage area limitation specified at § 244-209.1C(14)(b), as applicable.
[7]
A variance from the groundwater recharge standards at § 244-209.1C(15) may be granted provided that the total volume of stormwater infiltrated by the mitigation project equals or exceeds the volume required at § 244-209.1C(15).
[8]
A variance from the stormwater runoff quality standards at § 244-209.1C(16) may be granted if the following are met:
[a]
The total drainage area of motor vehicle surface
managed by the mitigation project(s) must equal or exceed the drainage
area of the area of the major development subject to the variance
and must provide sufficient TSS removal to equal or exceed the deficit
resulting from granting the variance for the major development; and
[b]
The mitigation project must remove nutrients to the maximum extent feasible in accordance with § 244-209.1C(16)(g).
[9]
A variance from the stormwater runoff quantity standards at § 244-209.1C(17) may be granted if the following are met:
[a]
The applicant demonstrates, through hydrologic
and hydraulic analysis, including the effects of the mitigation project,
that the variance will not result in increased flooding damage below
each point of discharge of the major development;
[b]
The mitigation project indirectly discharges to
the same watercourse and is located upstream of the major development
subject to the variance; and
[c]
The mitigation project provides peak flow rate attenuation in accordance with § 244-209.1C(17)(b)[3] for an equivalent or greater area than the area of the major development subject to the variance. For the purposes of this demonstration, equivalent includes both size of the area and percentage of impervious surface and/or motor vehicle surface.
[10]
The applicant or the entity assuming maintenance responsibility for the associated major development shall be responsible for preventive and corrective maintenance (including replacement) of the mitigation project and shall be identified as such in the maintenance plan established in accordance with § 244-209.1I. This responsibility is not transferable to any entity other than a public agency, in which case a written agreement with that public agency must be submitted to the review agency.
(3)
Any approved variance shall be submitted by the municipal review
agency to the county review agency and the NJDEP, by way of a written
report describing the variance, as well as the required mitigation,
within 30 days of the approval.
K.
Violations and penalties. Any person(s) who erects, constructs, alters,
repairs, converts, maintains, or uses any building, structure or land
in violation of this section shall be subject to the following penalties:
[Amended 6-8-1998 by Ord. No. 15-98]
A.
General requirements. Roadways and all appurtenances, including subgrade,
subbase, base courses and pavements, shall be constructed in accordance
with the applicable requirements of the standard specifications, as
modified herein. All subsurface utilities, including service connections
(terminating at least two feet behind sidewalk) to each lot, and all
storm drains shall be installed in all roadway areas prior to the
construction of final pavement surfaces.
B.
Pavement structure design.
(1)
The pavement structure design for each particular development
utilizing a bituminous concrete flexible pavement shall be the responsibility
of the developer or his engineer. The pavement design shall be based
upon traffic loading projections and field sampling and laboratory
analysis of the subgrade soils to be encountered in roadway areas
in the development and shall follow current design recommendations
of the Asphalt Institute or such other generally recognized standards
as may be acceptable to the Township Engineer.
(2)
As minimum requirements, flexible bituminous concrete pavements
shall have an equivalent structural depth of at least 10 inches for
local streets and minor collector streets, having a minimum wearing
surface of not less than 1 1/2 inches of pavement, Type FABC-1,
a minimum bituminous stabilized base course of not less than 2 1/2
inches and a dense graded aggregate base course to provide the remaining
six-inch depth; and an equivalent structural depth of at least 13
inches for other street classifications, having a minimum wearing
surface of not less than two inches of pavement, Type FABC-1, a minimum
bituminous stabilized base course of not less than three inches and
a dense graded aggregate base to provide the remaining eight-inch
depth. Bituminous stabilized base may be substituted for aggregate
base on a one-to-three ratio (stabilized base to aggregate base),
all in accordance with the applicable requirements of the standard
specifications, and subject to approval of the Township Engineer.
Improvements to roads under the jurisdiction of the County of Ocean
or the State of New Jersey shall be constructed in accordance with
the applicable county or state standards.
C.
Subgrades. All subgrades shall be prepared in accordance with the
applicable requirements of the standard specifications for bituminous
concrete pavements. Prior to the construction of any subbase, base
or pavement course, all soft or unyielding portions of the subgrade
which do not attain the required stability will be removed and replaced
with the suitable material, and the whole surface of the subgrade
shall be compacted. The provision of a uniform roadway subgrade meeting
the requirements of the standard specifications shall be the full
responsibility of the developer. In certain cases, special treatment
may be required because of the character or nature of the subsoil.
Such special treatment may include lime or cement stabilization, wet
excavation or construction of underdrainage fields. Any proposal by
the developer to stabilize subgrade shall be subject to the approval
of the Township Engineer.
D.
Subbase and/or aggregate base courses. Where granular subbase courses
are included in the pavement design section proposed by the developer,
they shall be constructed in accordance with the applicable requirements
of the standard specifications. Bituminous concrete pavements (and
stabilized bases) may be constructed on subgrade without subbase or
aggregate base courses, provided that the subgrade can be satisfactorily
prepared as hereinbefore described. Dense graded aggregate base courses
shall comply with the requirements of the Standard Specifications
for Soil Aggregate, Type 5, Class A, or Type 2, Class A or B. Any
subbase course of aggregate base course to be utilized with any type
of pavement shall have a minimum thickness of four inches.
E.
Bituminous base courses.
(1)
Bituminous base courses for use with bituminous concrete pavements
shall consist of plant-mixed bituminous stabilized base course (stone
mix or gravel mix) in accordance with the requirements of the standard
specifications.
(2)
Prior to placement of any bituminous stabilized base course,
the finished surface of any underlying subbase or aggregate base shall
receive a prime coat in accordance with the requirements of the standard
specifications.
F.
Bituminous pavements. Bituminous pavements shall consist of a bituminous
concrete surface course, Type FABC-1, in accordance with the requirements
of the standard specifications. The bituminous pavement wearing surface
should generally not be installed until just prior to the time the
streets are prepared for final acceptance. Prior to the installation
of a bituminous concrete surface, the bituminous base course shall
be inspected by the Township Engineer. Any areas of the base course
in need of repair shall be removed and replaced at the direction of
the Township Engineer. If the Township Engineer directs, a leveling
course of FABC material shall be placed on any uneven or below-grade
base courses prior to the placement of finished pavement. No pavement
surfaces shall be placed unless permission to do so has been granted
by the Township Engineer.
G.
Alternate pavement types. In areas where alternate pavement types
are proposed or desired either for decorative purposes, because of
physical restrictions or existing conditions or because of limitations
or shortages in certain types of construction materials, a detail
of the type and/or location of alternate pavement types proposed shall
be submitted for approval with the preliminary and/or final plat.
The use of alternate pavement types may only be permitted if the applicant
submits for review and approval details and specifications concerning
the equipment, materials and methods proposed for use and if the Township
Engineer has inspected the installation of and tested and approved
a suitable sample section of such pavement. In the event that the
Township Engineer does not approve the sample section of pavement,
the developer shall remove the same section and replace it with a
type of pavement permitted by this chapter or such other alternate
as may be approved by the municipal agency.
[Amended 6-8-1998 by Ord. No. 15-98]
A.
Street extensions. The arrangement of streets within a development
shall provide for the extension and/or realignment of existing streets,
except that local streets should only be extended when such extension
is necessary and the municipal agency concurs that such extension
will promote safety and conform to the street standards contained
elsewhere in this chapter.
B.
Street widening. Where developments abut existing roadways, sufficient
right-of-way shall be reserved to provide the rights-of-way width
proposed for the functional classification of the street in question.
C.
Design of local streets. Local streets shall be designed in accordance
with the Schedule of Street Design Standards[1] and the following requirements:
(1)
Local streets shall be arranged so that there exists a minimum
possibility of their use by traffic which does not have its origin
or destination at the lots to which the local streets provide access.
(2)
Culs-de-sac (dead-end streets) shall have a center line length,
from the intersecting street center line to the center point of the
turnaround of the cul-de-sac, of not less than 100 feet nor longer
than 1,200 feet and shall not provide access to more than 25 lots.
They shall provide an end turnaround with a pavement radius of not
less than 40 feet and a property-line radius of not less than 50 feet,
which shall have its center point at or to the left of the center
line of the street when viewed toward the closed end. In the event
that it is contemplated that a dead-end street shall be extended in
the future, a temporary turnaround, meeting the aforementioned design
criteria, shall be required.
(3)
Loop streets should provide access to not more than 45 lots,
except that where access is provided by a combination of a short loop
street and cul-de-sac, the maximum shall be 60 lots, provided that
the length of the loop street alone will not exceed 3,000 feet. Loop
streets shall have both of their termini located on the same street.
(4)
P-loops, which are loop streets with a single access point,
should have an entrance not exceeding 700 feet in distance from the
loop intersection. There shall also be provided an emergency vehicular
and pedestrian right-of-way of 15 feet minimum width from the loop
and providing access to a street which is not a part of the P-loop.
The loop of a P-loop shall have a street length not exceeding 3,000
feet. P-loops shall provide access to no more than 60 lots, and the
entrance street shall be designed in accordance with the design standards
for minor collector streets.
(5)
Artificial modifications in street rights-of-way for the purpose
of increasing lot frontage shall be prohibited. Such prohibited modification
shall include but shall not be limited to widening the right-of-way
of a continuous street through the use of semicircular projections.
[1]
Editor's Note: The Schedule of Street Design Standards is included at the end of this chapter.
D.
Classification of streets. In any development, it shall be the duty
of the municipal agency to approve classification of proposed streets
according to their use. In making its decisions, the municipal agency
shall refer to the Township Master Plan and shall consider conditions
within the development and the surrounding areas and shall use as
a guide the following street classifications and criteria:
(1)
Local street. A local street is a street serving only single-
family residences and, where feasible, should be either a cul-de-sac
or a loop street meeting the requirements hereinabove set forth. A
street which serves traffic having origins and destinations other
than within the lots which abut the street shall not be considered
a local street. The maximum traffic normally expected on a local street
shall be 400 vehicles per day.
(2)
Minor collector street. A minor collector is generally a street
gathering traffic from local streets and feeding it into a system
of major collectors, minor arterial and major arterial highways. Even
if laid out as a local street, a street should be considered a minor
collector street if it provides access or could provide access to
more than 60 lots or, in the case of a cul-de-sac, more than 25 lots,
or could be utilized by traffic other than residential in nature.
Minor collector streets should generally not be expected to carry
traffic exceeding 1,000 vehicles per day. The design speed of local
or minor collectors, for alignment and sight distance purposes, should
be 40 miles per hour.
(3)
Major collector street. A major collector street is generally
a street gathering traffic from local streets or minor collector streets
and feeding it into a system of arterial highways. Even if laid out
as a local or minor collector street, a street should be considered
a major collector street if it provides access or could provide access
to more than 150 lots or would be utilized by traffic other than residential
in nature. Major collector streets should generally not be expected
to carry traffic exceeding 2,500 vehicles per day. The design speed
of major collector streets, for alignment and sight distance purposes,
should be 50 miles per hour.
(4)
Minor arterial. A minor arterial is a street gathering traffic
from more than one local, minor or major collector street and leading
it to a system of other minor arterials or major arterial streets.
Minor arterials shall have a design speed, for alignment and sight
distance purposes, of 60 miles per hour and should generally be designed
to carry traffic volume approaching 5,000 vehicles per day.
(5)
Major arterial. A major arterial is a street designed to provide
an inter/intramunicipal link with other roads in the functional system.
Major arterials are typified by direct access on a restricted basis,
channelized and signalized intersections, where warranted, and a prohibition
of parking. Major arterials shall have a minimum design speed, for
alignment and sight distance purposes, of 60 miles per hour and should
generally be designed to carry traffic volume approaching 10,000 vehicles
per day.
(6)
Interstate highway. Interstate highways are roadways intended
to provide regional movement of people, goods and services between
other highways, major arterials and minor arterials. Interstate highways
are characterized by limited access, grade separations and no traffic
stops. Interstate highways should have a design speed of 60 miles
per hour and should be designed to carry traffic exceeding 10,000
vehicles per day.
(7)
Classification criteria. Street classifications will be approved
by the municipal agency in accordance with the foregoing definitions,
in accordance with the provisions of the Township Master Plan, in
accordance with the provisions of applicable county and state regulations
or plans or, in the absence of specific information from the above,
in accordance with its own best judgment concerning the use to which
the various streets in any development will be put.
E.
Lots abutting major collectors, minor arterials or major arterials.
In any subdivision abutting or being traversed by a major collector
street, minor arterial or major arterial, one of the following conditions
shall be required by the municipal agency:
(1)
A marginal street meeting the classifications herein for a local
street shall be provided along each major collector, minor arterial
or major arterial and shall be separated from the major collector,
minor arterial or major arterial by a landscaped strip at least 25
feet in width.
(2)
The frontage of all lots abutting the major collector, minor
arterial or major arterial shall be reversed so that the lots will
front on an internal local street; a natural wooded or landscaped
buffer strip at least 50 feet in width will be provided on the abutting
lots along the right-of-way of the major collector, minor arterial
or major arterial. The area of such buffer strip shall not be considered
part of the required minimum lot size.
(3)
All lots abutting major collector streets may, in lieu of the
above, be provided with suitable driveway turnarounds eliminating
any necessity for vehicles to back into the collector street.
(4)
Other means of providing a satisfactory buffer separating through
and local traffic shall be provided as may be deemed proper by the
municipal agency.
(5)
Dwellings on corner lots shall have their driveway access on
the roadway designed and intended to carry the lesser amount of traffic.
F.
Street design standards. Street design standards shall be appropriate
to the expected use of the street, soil, topographical and other physical
conditions and to the maintenance of the purposes of this chapter
but shall not be less than those set forth in the Schedule of Street
Design Standards. (See Exhibit 109-10 at the end of this chapter.)
G.
Street intersections. Street intersections shall be designed according
to the following standards:
(1)
No more than two streets shall cross the same point. Street
intersections shall be at right angles wherever possible, and intersections
of less than 70°, measured at the center line of streets, shall
not be permitted.
(2)
Streets should not enter the same side of local, minor or major
collector streets at intervals of less than 500 feet, minor arterials
at intervals of less than 1,200 feet or major arterials at intervals
of less 2,500 feet. Streets which enter collectors, minor arterials
or major arterials from opposite sides shall be directly opposite
to each other or must be separated by at least 300 feet between their
center lines measured along the center line of an intersected collector
or 500 feet along the center line of a minor arterial or 800 feet
along the center line of a major arterial.
(3)
Approaches of any major collector, minor arterial or major arterial
street to any intersection of another major collector, minor arterial
or major arterial street shall be tangent or having a center line
radius greater than 5,000 feet for at least 500 feet from the intersection.
(4)
Where a minor or major collector, major thoroughfare or major
arterial street intersects with a major collector, major thoroughfare
or a major arterial street, the right-of-way of each minor collector
shall be widened by 10 feet [five feet for each side] for a distance
of 300 feet in all directions from the intersection of the center
lines, and the right-of-way of each major collector, minor arterial
and major arterial shall be widened by 20 feet [10 feet for each side]
for 500 feet in all directions from the intersection of the center
lines.
(5)
Approaches of any local street or minor collector to any other
street shall:
(a)
Be tangent (straight) for a distance of at least 50 feet from
the intersection; or
(b)
Have a center-line radius greater than 1,000 feet for at least
150 feet from the intersection; and
(c)
Have a clear sight of a point three feet high in the intersection
for a distance of not less than 400 feet.
H.
Street layout.
(1)
Curved local streets and minor collectors are preferred to discourage
speed and monotony. The maximum straight-line distance should not
exceed 1,000 feet.
(2)
The municipal agency in all cases may, and in the case of subdivisions
having 50 or more lots shall, require provisions for continuing circulation
patterns onto adjacent properties and, for this purpose, may require
the provision of stub streets abutting adjacent properties.
(3)
Subdivisions containing more than 100 lots should have at least
two access points from collector streets or arterial highways.
I.
Street names. Street names and development names shall not duplicate,
nearly duplicate or be phonetically similar to the names of any existing
streets or developments in Jackson Township or contiguous areas of
other communities. Any continuation of an existing street shall have
the same street name.
J.
Limit of improvements. The developer shall complete all improvements
to the limits of the development, unless other provisions have been
made and approved by the municipal agency. In those instances where
completion of certain improvements would not be possible until the
development of adjacent land takes place, alternate temporary improvements
may be constructed subject to the approval of the municipal agency,
and cash or a certified check representing the difference between
the value of the temporary improvements and the required improvements
may be accepted by the Township Committee to be credited toward the
completion of such improvements at such time as the adjacent land
develops.
K.
Streets serving other than single-family detached homes. The right-of-way
width and other standards for internal roads and alleys in multifamily,
commercial and industrial developments may be determined by the Board
on an individual basis and shall, in all cases, be of sufficient width
and design to safely accommodate maximum traffic, parking and loading
needs and maximum access for fire-fighting equipment and shall generally
conform to the requirements herein.
L.
Reserve strips. There shall be no reserve strips or areas controlling
access to streets except where control and disposal of the land comprising
such strips or areas have been placed in the hands of the Township
Committee under conditions approved by the municipal agency.
[Added 6-8-1998 by Ord. No. 15-98]
Streets in residential developments shall be designed in accordance
with Subchapter 4 (Streets and Parking) of N.J.A.C. 5:21 (Residential
Site Improvement Standards), as amended.
[Amended 8-26-1996 by Ord. No. 19-96; 9-11-2000 by Ord. No. 23-00]
Streetlights shall be of a type approved by resolution of the Township Committee and by the electric utility company servicing the proposed development and approved by the Township Planning Board and located so as to provide an average maintained lighting level of 0.4 horizontal footcandle with a uniformity ratio of 6 to 1 on all local, local collector and minor collector streets and 0.6 horizontal footcandle with a uniformity ratio of 4 to 1 on all major collector, minor arterial and principal arterial streets. The developer shall pay the full cost for initial installation of any streetlights and in accordance with § 244-214 herein, the operation and maintenance costs until such time as the municipality assumes payment for the operation and maintenance costs of such streetlighting.
[Added 9-11-2000 by Ord. No. 23-00]
If a municipal agency includes as a condition of approval of
an application for development the installation of streetlighting
on a dedicated public street connected to a public utility, then,
upon notification in writing by the developer to the municipal agency
and the Township Committee that streetlighting on such dedicated public
street has been installed and accepted for service by the public utility
and that certificates of occupancy have been issued for not less than
50% of the dwelling units and not less than 50% of the floor area
of any nonresidential uses on such dedicated public street or portion
thereof, the municipality shall, within 30 days following receipt
of said notice, make appropriate arrangements with the public utility
and assume the payment of the cost of the streetlighting on said dedicated
public street on a continuing basis. Compliance with the provisions
of this section shall not be deemed acceptance of the street by Jackson
Township.
[Amended 6-8-1998 by Ord. No. 15-98]
A.
Nonresidential development.
(1)
Street name signs shall be reflectorized four-way-type (two-head)
all-aluminum construction, known as a "tomcat," vandalproof street
name sign or equivalent, with the following features:
(a)
The construction of the tomcat vandalproof street name sign
shall be as manufactured with all extrusions to be made of 6063-T5
aluminum alloy with a solid three-fourths-inch-diameter metal threaded
center staff, consisting of a compression spring and locking nut for
mounting inside the wall of the post.
(b)
Lettering on the street name signs shall be at least six inches
for uppercase letters and 4 1/2 inches for lowercase letters,
with supplementary lettering to indicate the type of street (e.g.,
street, avenue, road, etc.), which shall be in smaller lettering at
least three inches in height. Conventional abbreviations are acceptable,
except for the street name itself.
[Amended 4-28-2003 by Ord. No. 10-03]
(c)
The reflectorized legend and background shall be of a contrasting
color and should have a white message and border on a green background.
The sign faces shall be of a high- intensity type, fabricated from
Scotchlite brand reflective sheeting, high-intensity grade, as manufactured
by 3M, or an approved equal. All numbers and letters shall be of a
heat-sealed type.
(d)
The posts shall be of galvanized-steel type or approved equal
and shall be of a length of 12 feet, installed in a concrete base.
(2)
Street signs shall be properly installed at each street intersection.
Street signs shall be placed, two per intersection, on the near right-hand
corner, as viewed from both directions, on the street, which is expected
to carry the greatest traffic through the intersection. Mounting shall
be in accordance with the standard procedures of the Township or with
requirements adopted by the Township Committee. At signalized intersections,
street signs shall be suspended over the intersection. Street signs
shall be placed before any certificate of occupancy for houses on
the subject street is issued.
[Amended 4-28-2003 by Ord. No. 10-03]
B.
Residential development. Street and traffic signs for all residential
development shall be installed in compliance with Subchapter 4 (Streets
and Parking) of N.J.A.C. 5:21 (Residential Site Improvement Standards),
as amended.
(1)
Lettering on the street name signs shall be at least six inches
for uppercase letters and 4 1/2 inches for lowercase letters,
with supplementary lettering to indicate the type of street (e.g.,
street; avenue, road, etc.), which shall be in smaller lettering at
least three inches in height. Conventional abbreviations are acceptable,
except for the street name itself.
[Added 4-28-2003 by Ord. No. 10-03]
A.
Commercial or private club swimming pools.
(1)
Location of club or bathhouse. All commercial or private club
swimming pools shall provide a suitable club- or bathhouse building.
The club- or bathhouse for an outdoor commercial or private club swimming
pool shall be set back not less than 100 feet from the front property
line and not closer than 50 feet to the side and rear property lines.
However, no club- or bathhouse shall be required for a hotel or a
motel.
(2)
Pool location. An outdoor commercial or private club swimming
pool shall be located not less than 25 feet from the side or rear
of the clubhouse, bathhouse, motel or hotel on the building lot and
not less than 100 feet from the front property line and not less than
50 feet from the side and rear property lines.
(3)
Off-street parking.
(a)
Ample parking spaces shall be provided in an area or areas located
not less than 100 feet from the front property line and no less than
50 feet from the side or rear residential property lines.
(b)
For a private club with a membership of up to 100 members, not
less than 80 car spaces shall be provided. For each additional 25
members or a fraction thereof, not less than 20 additional car spaces
shall be provided.
(c)
For a commercial pool with up to 100 lockers or clothes baskets,
there shall be provided not less than 40 car spaces, and for each
additional 25 lockers or clothes baskets, not less than 10 additional
car spaces, and, in addition thereto, two car spaces for each three
family lockers.
(4)
Size of pool.
(a)
A swimming pool for a private club, limited to a maximum of
100 members, shall have a minimum size of 1,800 square feet, and for
each additional 25 members or fraction thereof, the pool shall be
enlarged by 450 square feet.
(b)
For a commercial swimming pool limited to a total of 100 lockers
or baskets for bathers' clothing, the minimum size of the pool shall
be 2,000 square feet, and for every additional 25 lockers or baskets
or fraction thereof, the pool shall be enlarged by 500 square feet.
(5)
Swimming section. The diving section shall be greater than 5 1/2
feet in depth, and the nondiving section shall be less than 5 1/2
feet in depth. The area reserved around each diving board or platform
provided for diving purposes shall be not less than 300 square feet.
(6)
Pump location. The pump of a filtration or pumping system of
a commercial swimming pool or private club pool shall be located not
less than 50 feet from any side or rear property line.
(7)
Deck area or walks surrounding the swimming pools. The area
devoted to decks or walkways surrounding the swimming pools shall
be a minimum of 10 feet in width and shall not be a grass surface.
(8)
Lounging and spectator area. In addition to the decks or walks
surrounding the swimming pool, an area shall be provided for lounging
or spectator use. The area devoted to lounging or spectator use shall
be a minimum of 1 1/2 times the water surface areas of all swimming
pools. The surface of the lounging and spectator areas shall not be
grass.
(9)
Club- and bathhouse facilities. The club- and bathhouse shall
be equipped with separate facilities for men and women. These facilities
shall include adequate dressing rooms, lockers, showers and toilets.
(10)
Wading pool. A swimming pool for private club or commercial
use shall provide a separate wading pool.
(11)
Pool enclosure. To provide safety and a degree of privacy, an
outdoor swimming pool for private club or commercial use shall be
surrounded entirely by a suitably strong tight fence. All supporting
structures shall be on the inside of the fence, and the top of such
support shall be at least one inch lower than the top of the fence.
(12)
Lighting. A complete system of artificial lighting shall be
provided for a swimming pool, including lounging and parking areas,
which is operated by a private club or for commercial use. Arrangement
and design of lights shall be such that all parts of the pool and
its appurtenances shall be clearly visible to attendants. All lighting
fixtures shall be shielded so as to prevent any direct beam from falling
upon any adjoining property. All on-site and underwater lighting shall
be designed, installed and grounded so as not to create a hazard to
bathers.
(13)
Noise. No sound-amplifying system shall be operated or other
activities permitted at any swimming pool for commercial or private
club use which shall cause undue noise or constitute a nuisance to
the surrounding neighbors.
B.
Private, residential swimming pools.
(2)
Lighting. All lighting fixtures for a private swimming pool
shall be installed so as to comply with all applicable safety regulations
and shall be shielded so as to prevent any direct beam of light from
shining on any adjoining property.
(3)
Electric lines. No overhead electric lines shall be carried
across any swimming pool or wading area.
(4)
An application for a permit to construct a private swimming
pool shall include a plot plan or survey of the property clearly showing
the location of the proposed pool with setback distances from the
property lines and distances from buildings and structures on the
property. The plan shall be adequate for the Construction Official
to clearly identify the proposed pool location in the field.
(5)
Pools that are less than 24 inches deep or having a surface
area less than 250 square feet, except when such pools are permanently
equipped with a water-recirculating system or involve structural materials,
shall not require a permit.
(6)
If required by the Construction Official, the application for
an in-ground swimming pool shall include a grading plan showing existing
and proposed grades and the proposed flow of surface drainage. This
plan shall also show the location of the proposed pool and any appurtenances
and be signed and sealed by a professional engineer licensed to practice
in the State of New Jersey.
(7)
Pump location.
(a)
A pump of a filtration or pumping station for a private residential
swimming pool shall be situated a minimum of 15 feet from the rear
lot line.
(b)
The location of a pump of a filtration or pumping station for
a private residential swimming pool shall meet the minimum required
side yard setback distances for principle buildings, as specified
in this chapter, for the zoning district within which the property
is located.
(8)
Enclosure.
(a)
In-ground pools shall be surrounded entirely by a fence, with
no openings greater than a two-inch square, and shall be capable of
holding a live load of 250 pounds between posts located not more than
eight feet apart; however, the residence may serve as part of the
enclosure. The fence shall be located not less than six feet from
the closest edge of the pool. Fences shall be at least four feet high
above grade and no more than six feet in height, and, if made of wire,
they must be of the chain-link type. All supporting structures shall
be on the inside of the fence, and the top of such support shall be
at least one inch lower than the top of the fence.
(b)
Permanent aboveground pools constructed with an attached deck
and fence being at least four feet in height above ground level and
capable of holding a live load of 250 pounds between posts located
not more than eight feet apart need no additional fencing.
(c)
Temporary aboveground pools, when not in use, must be emptied
or covered with a suitable protective covering, securely fastened
or locked in place unless enclosed by a fence meeting the requirements
for a permanent underground pool.
(9)
Gate. Any opening or openings in the fence to afford entry to
the pool shall be equipped with a gate similar to the fence and shall
extend from not more than two inches above the ground to the height
of the fence. The gate shall be of a self-closing type, opening outwardly
only, and shall be equipped with a lock and key or padlock and chain
and shall be kept locked, except when the pool is in use.
The developer shall, prior to final acceptance, install all
traffic control devices required within any development or, with the
consent of the Township Committee, may pay to the Township Treasurer
a nonrefundable sum, in cash or certified check, in the amount set
by the Township Engineer, equal to the cost of all necessary traffic
control devices not installed by the developer. Traffic control devices
shall include but are not limited to signs, traffic lines, lights,
reflectors and channelizing markers. The number, type, legend, placement
and size of all traffic control devices shall be in accordance with
the Manual on Uniform Traffic Control Devices by the United States
Department of Transportation and the requirements of municipal, county
and state regulations and shall be according to an approved plan submitted
at the time of final plat approval. Construction details of all proposed
traffic control devices shall be in accordance with standards prepared
by the Township Engineer and approved by the Township Committee.
A traffic impact assessment shall be submitted by the applicant
for all preliminary major subdivisions involving the creation of 25
or more lots, all preliminary major site plans proposing 20,000 square
feet or more of gross floor building area, except as specifically
waived in whole or in part by the municipal agency. A traffic impact
study shall include the following:
B.
An inventory and description of existing traffic conditions within
the area impacted by the proposed development.
C.
Impacts.
(1)
An assessment of the traffic impacts of the project.
(2)
A description of the steps to be taken to minimize adverse traffic
impacts during project construction and operation, both at the project
site and within impacted areas. Such description shall be accompanied
by the necessary maps, documents and other explanatory data that may
be needed to clarify and explain the action to be taken.
D.
Licenses, permits and other approvals. The applicant shall list all
known licenses, permits and other approvals required by law for the
construction and operation of the proposed project. This list shall
include approvals required by the Township, as well as agencies of
the county, state and federal governments. Where approvals have been
granted, copies of said approvals shall be attached. Where approvals
are pending, a note shall be made to that effect.
A.
All utility lines and necessary appurtenances, including but not
limited to electric transmission and electric, gas and water distribution,
communications, streetlighting and cable television, shall be installed
underground within easements or dedicated public rights-of-way. The
developer shall arrange with the serving utility for the underground
installation of the utility's supply lines and service connections
in accordance with the provisions of the applicable standard terms
and conditions of its tariff, as the same are then on file with the
State of New Jersey Board of Public Utility Commissioners; provided,
however, that lots which abut existing easements or public rights-of-way
where overhead utility lines have theretofore been installed may be
supplied with service from such overhead lines if no new utility poles
are required. In any event, new building service connections for all
multifamily developments, shopping centers, office-research or industrial
parks and planned retirement communities and for any industrial, commercial
or office development shall be installed underground. Wherever the
utility is not installed in the public right-of-way, an appropriate
utility easement, not less than 25 feet in width, shall be provided.
B.
Utility areas within residential development shall comply with Subchapter
4 (Streets and Parking) of N.J.A.C. 5:21 (Residential Site Improvement
Standards), as amended.
[Added 6-8-1998 by Ord. No. 15-98]
A.
All private development utilizing public sewerage collection shall
be required to utilize a public water supply.
[Added 12-23-2002 by Ord. No. 50-02]
B.
The design and construction approval of all public and individual
water supply systems, or extensions of existing systems, shall be
under the jurisdiction of the owner of the utility or the Jackson
Township Board of Health (and the State of New Jersey), respectively.
Prior to the approval of any final plat, the full approval of any
public water system must have been obtained from the appropriate agency
and filed with the municipal agency, or the final approval will be
conditioned upon full approval from the appropriate agency.
Materials designated in Chapter 216, Article IV, Recycling, of the Code of the Township of Jackson shall be separated from other solid waste by the generator thereof and a storage area for recyclable material shall be provided.
A.
Every owner, tenant, lessee or occupant of every building or use
within the corporate limits of the Township of Jackson shall provide
or cause to be provided a suitable storage area to accommodate a one-to-four-week
accumulation of mandated recyclables, including but not limited to
aluminum cans, ferrous containers (including tin, steel and bimetal
cans), glass containers, newspapers and plastic containers.
B.
For each subdivision application for 50 or more single-family units,
the applicant shall provide a suitable area within each dwelling unit
to accommodate a four-week accumulation of mandated recyclables, including
but not limited to aluminum cans, ferrous containers (including tin,
steel and bimetal cans), glass containers, newspapers and plastic
containers. The storage area may be located in but shall not be limited
to the laundry room, garage, basement, kitchen or a backyard location
not more than 50 feet from the dwelling unit.
C.
For each subdivision or site plan application for 25 or more multifamily
units, the applicant shall provide a suitable storage area within
each dwelling unit to accommodate a four-week accumulation of mandated
recyclables, including but not limited to aluminum cans, ferrous containers
(including tin, steel and bimetal cans), glass containers, newspapers
and plastic containers. The storage area may be located in the laundry
room, garage or kitchen. Unless recyclables are collected on a weekly
basis from each dwelling unit, one or more common storage areas must
be provided at convenient locations within the development.
D.
For each site plan application for commercial and industrial developments
that utilize 1,000 square feet or more of land, the applicant shall
provide the municipal agency with estimates of the quantity of mandated
recyclable materials, including but not limited to aluminum cans,
ferrous containers (including tin, steel and bimetal cans), glass
containers, newspapers and plastic containers, that will be generated
by the development weekly. A separated storage area must be provided
to accommodate a one-to-four-week accumulation of recyclable material.
The municipal agency may require the location of one or more common
storage areas at convenient locations within the development.