Township of Plumsted, NJ Land Development

Where it is determined that properties outside the development will also be benefited by the off-tract improvement, the following criteria shall be utilized in determining the proportionate share of the cost of such improvements to the developer.

Allocation Formula.

Roadway. The applicant's proportionate share of street improvements, alignment, channelization, barriers, new or improved traffic signalization, signs, curbs, sidewalks, streetlighting, trees, utility improvements uncovered elsewhere, the construction or reconstruction of new or existing streets, and other associated street or traffic improvements shall be as follows:

The applicant shall provide the Township engineer with the existing and anticipated future peak-hour flows for the off-tract improvements.

(ii)

The applicant shall furnish a plan for the proposed off-tract improvement, which shall include the estimated peak-hour traffic generated by the proposed development and the proportion thereof which is to be accommodated by the proposed off-tract improvement. The ratio of the peak-hour traffic generated by the proposed development, which is to be accommodated by the off-tract improvement, to the future additional peak-hour traffic anticipated to impact the proposed off-tract improvement shall form the basis of the proportionate share. The proportionate share shall be computed as follows:

Total Cost of Enlargement or Improvement		Capacity of Enlargement or Improvement (peak-hour traffic)
	=
Developer's Cost		Development peak-hour traffic to be accommodated by the enlargement or improvement

Drainage Improvements. The applicant's proportionate share of stormwater and drainage improvements including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, riprap, improved drainage ditches and appurtenances thereto, and installation, relocation or replacement of other storm drainage facilities or appurtenances associated therewith, shall be determined as follows:

INDIGENOUS OR VEGETATIVE BUFFERS

The capacity and the design of the drainage system to accommodate stormwater runoff shall be based on the methods and standards consistent with Subsection 14-7.4 of this Chapter 14, computed by the developer's engineer and approved by the Township engineer.

(ii)

The capacity of the enlarged, extended, or improved system required for the development and areas outside of the developer's tributary to the drainage system shall be determined by the developer's engineer subject to approval of the Township engineer. The plans for the improved system shall be prepared by the developer's engineer and the estimated cost of the enlarged system calculated by the Township engineer. The prorated share for the proposed improvement shall be computed as follows:

Total Cost of Enlargement or Improvement		Capacity of Enlargement or Improvement (total capacity expressed in cubic feet per second)
	=
Developer's Cost		Development-generated peak rate of runoff expressed in cubic feet per second to be accommodated by the enlargement or improvement

Escrow Accounts.

Where the proposed off-tract improvement is to be undertaken at some future date, the monies required for the improvement shall be deposited in an interest-bearing account to the credit of the Township in a separate account until such time as the improvement is constructed.

§ 14-3.4 Bylaws of the Planning Board.

[Ord. #85A, § 3.04]

The planning board shall prepare bylaws and rules and regulations for its procedures and operation, subject to this ordinance and applicable statutes, and the necessary terms to implement the same.

§ 14-3A WOODLAND PROTECTION.

§ 14-3A.1 Short Title.

[Ord. #2003-06, § 1]

The short title of this section shall be "Woodland Protection Ordinance," and this section shall hereafter be cited or referred to for purposes of amendment or otherwise by said title.

§ 14-3A.2 Purpose of Section.

[Ord. #2003-06, § 1]

The intent and purpose of this decree is to preserve coniferous and deciduous trees, flowering trees, shrubs and vegetated areas growing in a natural state within the municipality. The Township has, by this section, determined that the naturally occurring woodland vegetation is an integral part of the rural character of the Township, as well as a valuable scenic resource. In concordance with the master plan, the Township intends to protect and preserve this resource, and seeks to minimize any environmental impacts associated with the removal of naturally occurring vegetation. Such impacts are the non-point source pollution of Woodland Preservation Plan, soil erosion and other off-site impacts. Minimizing these impacts will contribute to maintaining of wildlife habitat areas, creating greenways, and preserving threatened and endangered species.

This section applies to major subdivisions submitted to the Township land use board.

§ 14-3A.3 Definitions.

[Ord. #2003-06, § 1]

As used in this section, the following terms shall have the meaning indicated:

CLEAR-CUTTING

Shall mean the practice of removing the majority of vegetation from a given site rather than only directly impacted areas.

CLEARING ACTIVITY

Shall mean any action or process that includes the removal or destruction of vegetation.

DRIPLINE

Shall mean the ground area that lies underneath the outermost perimeter of the branches of a tree.

Shall mean a vegetated border between properties with a specified depth of at least 20 feet from the property line, composed of coniferous and deciduous trees, flowering trees, shrubs and understory vegetation and otherwise vegetated areas growing in a natural state.

LANDMARK TREE

Shall mean any tree so designated by the environmental commission and/or its representative, that is not a specimen tree, but is a tree of exceptional scenic or aesthetic value, or is a commonly known and referenced landmark in the Township.

LIMIT OF CLEARING

Shall mean the area of disturbance of a specific project. For example, the actual ground area that needs to be cleared to build a structure, road, and/or any other adjacent disturbed areas.

NATURAL STATE

Shall mean the original, undisturbed condition on the vacant lot that is common to the surroundings and exists prior to any new construction.

PRESERVATION AREAS

Shall mean as defined in the Township's Open Space Plan.

PROJECT AREAS

Shall mean any area, site, zone, or demarcation which is or will be subject to building, construction, development or any activity that involves the erection of man-made structures, appurtenances, construction of facilities or the removal of vegetated areas.

SIGNIFICANT SHRUB MASSES

Shall mean woody vegetation less than 20 feet tall and at least 10 feet wide in any direction, including multi-stemmed, bushy vegetation. Of special concern to the Township is the preservation of indigenous evergreen masses of Mountain Laurel (Kalmia Latifolia), Sheep Laurel (Kalmia Angustifolia), and American Holly (llex Opaca).

SPECIMEN TREE

Shall mean any living deciduous or coniferous tree(s) that has superior characteristics and quality when compared to trees of the same species or other trees in its vicinity within the Township of Plumsted. Such a tree must also have a circumference that is at least 50 percent of the registered circumference of the same species as noted in New Jersey's Record Trees. The determination of a "specimen tree" can be made by inspection by the environmental commission or its designated agent.

SIGNIFICANT TREE

Shall mean any living deciduous or coniferous tree having a trunk diameter greater than six inches DBH (diameter breast high, or any living American Dogwood (Cornus Florida) or American Holly (llex Opaca) tree having a diameter of four inches or greater DBH.

WOODLAND PRESERVATION PLAN

Shall mean a plan submitted as part of a land use board (planning/zoning board) application, which delineates the project area to be impacted and lists the vegetation proposed to be removed and be preserved.

VERNAL PONDS

As defined at N.J.A.C. 7:7A, occurs in a confined basin depression without a permanent flowing outlet, and maintains ponded water for at least two continuous months between March and September of a normal rainfall year.

WETLAND

Shall mean an area of land total or partially inundated or saturated some part of the year, and containing wetland vegetation as defined by state statute.

WETLANDS TRANSITION AREAS

Shall mean, as defined by state statute, the transitional areas that border delineated wetlands, and eventually merge into upland vegetated areas.

§ 14-3A.4 Major Subdivisions.

[Ord. #2003-06, § 1]

Anyone applying for a major subdivision to the Plumsted Township Land Use Board shall submit, as part of the application package, a Woodland Preservation Plan to the land use board, the environmental commission and to the Township's designated arborist. The Plan shall list and demarcate, at a minimum, the lot and block of the project area and all adjacent properties, all vegetated areas of the site, any specimen trees, any vegetative buffers between properties, and identify and list all significant trees and shrub masses as defined in the definitions. The Plan shall show the proposed construction and/or subdivision on the Plan and all impacted vegetated areas. The final approval of any disturbance to vegetated areas or waiver of the criteria as set below shall be by the land use board with advisement from the environmental commission and the Township's designated arborist. The Plan shall conform to the criteria as set below:

All indigenous vegetated buffers between properties shall remain in their natural state without being removed or damaged. Any disturbance to these vegetated buffers must be requested as a waiver and the reasons documented.

The Plan shall depict the limits of clearing for all common site areas and for each individual lot. In project areas there shall be a maximum of 25 feet clearing around all structures unless approved due to specific circumstances such as septic system, well installation, driveways, parking lots or substantiated site-specific situations. This requirement shall not supersede any state or federal safety regulation. Any additional clearing shall be requested as a waiver and the reasons documented.

The Plan must list all significant trees and shrub masses (as sized in the definitions), specimen and landmark trees to be impacted by the project and shall incorporate best management practices so to minimize the impact to existing vegetation during project design. It shall also explain why the removal of vegetation is necessary and what attempts, if any, were made during the site layout to preserve the vegetation to be removed. Tree and shrub masses do not have to be individually located on the project plan in areas that are not impacted by the project. These areas can be delineated on the plans and designated as woodlands and are not to be disturbed. Where woodlands are delineated, the forest type shall be indicated.

The Plan must list all preconstruction and post-construction measures utilized to ensure the protection of all on-site vegetation, which is to remain. This includes the installation of high-visibility safety fencing to prevent heavy equipment from being parked under the dripline of trees, material to be stockpiled, or any other adverse impacts to occur near protected vegetation including runoff from construction. Vegetated areas shall be protected by establishing a clearly marked perimeter equal to one and one-half times the diameter of the dripline. Within this area any activities which will compact or regrade the soil or damage the plants are prohibited.

The Plan must delineate all on-site wetlands and vernal ponds and maintain appropriate buffers around the wetlands and transition areas.

The Plan must list all new vegetation types and sizes to be planted and unless otherwise approved, the new vegetation shall be of an indigenous variety occurring naturally in Plumsted Township. This includes vegetation for street trees, screenings and detention/retention basins. It does not include foundation planting for homes or businesses.

At the time of approval, the applicant/developer shall post a restoration bond, as established by the Township engineer, to restore the cleared areas should the project not reach completion. The restoration bond shall include all items required to return the area to a vegetated stabilized state. If a performance bond is posted and the required restoration items are included in the performance bond, then the restoration bond may be waived.

The fee to perform the inspection and review of the Woodland Preservation Plan by the Township's designated arborist or engineer shall be included in the application and escrow fee for the project as determined by ordinance. Any deviations from the approved Woodland Preservation Plan may require revegetation prior to issuance of certificate of occupancy or release of bonds.

An applicant may request a waiver from the Woodland Preservation Plan if it can be shown that no impact to natural buffers and indigenous plant material will take place.

§ 14-3A.5 General Prohibitions.

[Ord. #2003-06 § 1]

Under no circumstances shall the following be permitted:

No trees shall be planted until final grade has been completed and approved by the Township engineer.

The Woodland Preservation Plan must be followed until all construction is complete. Any changes to the plan shall require a new submission to the appropriate parties.

No clear cutting is permitted.

Clearing activities performed prior to application for, or approval of a Woodland Preservation Plan will be cause for rejection of the permit and assessment of penalties as stipulated in this section.

No regrading shall be allowed in preserved indigenous vegetated buffer areas. This includes removal of the natural forest vegetation and the adding of any type of fill in indigenous buffers.

§ 14-3A.6 Fines and Penalties.

[Ord. #2003-06, § 1]

Any person, firm, corporation or other entity which performs such nonpermitted clearing activities and any owner of real property who permits such conduct shall be subject to a fine of not less than one hundred ($100) dollars in addition thereto, to replacement or replacement costs of all subject trees and plant masses on the property as determined by the approved plan. Replacements for impacted trees and shrub masses shall be at a minimum 2:1 ratio.

For any specimen trees destroyed, the responsible party shall be subject to a fine not less than one hundred ($100) dollars and not more than one thousand ($1,000) dollars for each specimen tree destroyed.

§ 14-4 MINOR SUBDIVISIONS.

§ 14-4.1 Purpose and Intent.

[Ord. #99A]

If a proposed subdivision meets the requirements of a minor subdivision as defined herein, it is the intent of this section that these subdivisions be classified as minor subdivisions pursuant to N.J.S. 40:55-1 et seq. and exempt from the procedural requirements for major subdivisions.

§ 14-4.2 Minor Subdivision Procedure.

[Ord. 4/12/82, § 1; Ord. #85A, § 4.02; Ord. 6/8/87, § A1; Ord. 3/3/88, § 111; Ord. #90-19, § 1; Ord. #92-13; Ord. #2002-03, § 1; Ord. #2008-16, § 1; Ord. #2011-03, § 1]

Action by the Applicant. Any owner of land within the Township seeking subdivision approval under the provisions of this section must have all required documents on file with the Township land use board secretary at least 28 days prior to the regular scheduled meeting that the applicant is to have their hearing.

The applicant shall follow the procedure for application submission as established by the land use board. The applicant shall submit the following documents 28 days prior to the next regular meeting date:

All application fees and escrow fees for minor subdivision applications in accordance with the current fee schedule as adopted by the Township committee.

Application forms, plans and attachments as follows:

Secretary of board (applications and attachments: send original and ten copies; plans: send 11 copies).

Board engineer (two copies of applications, plans and all attachments).

Board attorney (one copy of applications, plans and all attachments).

Municipal utilities authority (send MUA application and plan).

Plumsted Township environmental commission (one copy of application, EIS, environmental questionnaire and two copies of plans).

Plumsted Township board of fire commissions (one copy of application and plan).

All information must be submitted and fees paid for a submittal to be considered an application.

If an application is deemed incomplete by the approving authority, the applicant has 45 days after the date of such imcompleteness notification to correct the specified deficiencies to make the application complete. If the approving authority has not received the materials required to cure the deficiencies needed to make the application complete within 45 days of the date of incompleteness notification, said application shall be deemed to be withdrawn without prejudice. The approving authority will memorialize its determination that the application is deemed withdrawn without prejudice by resolution and forward a copy of such resolution to the applicant by certified mail. If the applicant reapplies the same application within 60 days of the resolution, full credit will be given for application and escrow fees.

A certificate from the municipal tax collector or other satisfactory proof that all current taxes have been paid and assessments for local improvements of any.

Upon approval by the planning board, the applicant shall, within 190 days of approval obtain the signature of the Township engineer, the planning board chairman and secretary and file the approved map or deed in the Ocean County Clerk's Office. If said map is not filed within the time period stated, the approval shall expire and application shall again be made through the planning board. After filing, the applicant will furnish five copies to the secretary.

Upon receipt from the applicant of the eight copies of the approved map on which has been shown the filing information, the board secretary shall distribute one copy of the approved map to each of the following:

Tax assessor.

Township engineer (two copies).

Building subcode official.

Zoning officer.

Planning board secretary (two copies).

Tax collector.

Variance Procedure. The planning board is hereby empowered to grant variances pursuant to those powers set forth in the Municipal Land Use Act. Upon favorable action by the planning board, the secretary shall return to the applicant the original tracing signed for final processing in accordance with exempt subdivision procedures hereinbefore outlined.(N.J.S.A. 40:55D-60)

The applicant must provide to the Township engineer either a certificate of approval or a letter of no interest from the Plumsted Township Municipal Utilities Authority prior to obtaining the signature of approval for the subdivision map.

Minor Subdivision Plat Details.

General. The subdivision plat shall be clearly and legibly drawn or reproduced in ink on a reproducible tracing base. Any map which in the opinion of the Township engineer is not clear and legible shall be returned to the applicant without action by the planning board. All plats shall be drawn to a scale commensurate with the size of the property being subdivided but in no instance shall it be less than one inch equals 100 feet unless approval is obtained from the Township engineer. All plats shall be prepared by the licensed land surveyor in compliance with all the provisions of N.J.S.A. 46:23-9.9.

Required Information on Plat. The following information shall be required on all exempt subdivision plats:

Title box, which shall include a proper map title setting of all monuments shown; property owner attesting to the ownership and consenting to the subdivision and filing thereof. In addition, there shall be an endorsed certification for: Township engineer attesting to conformance of the plat with all applicable regulations; the planning board attesting to the approval of the map and the time limit for filing thereof.

Map date showing month, day and year, together with a revision box which shall contain a brief description and date of any revisions made after the map date.

Graphic scale.

Reference meridian.

Key map at an appropriate scale showing the subdivision in relation to surrounding major arteries and waterways.

Zone of the property being subdivided.

Sufficient boundary information on the entire tract, as well as complete dimensions and net areas of each lot.

All existing buildings showing setback dimensions from any new lot line being created by the subdivision, together with all water courses and any other topographical features which are pertinent to the subdivision.

If the property is vacant, it shall be so stated on the plat.

Names of owners and the tax lot and block numbers of all contiguous land.

All existing street widths dimensioned from each side of the established center line.

All street widening dedications showing width of actual dedication, distance from the established street center line and to whom dedication is made.

All easements both existing and proposed showing location, width, purpose and to whom easement is being granted. Include all conservation easements on site and adjoining sites.

(m)

All found and set monumentation. Set monumentation shall be in accordance with the provisions of the Map Filing Law.

(n)

Location and type of all existing improvements within the street right-of-way for the entire frontage of the property being subdivided.

(o)

Endorsed certifications of: land surveyor attesting to the preparation and accuracy of the plat and to the setting of all monuments shown; property owner attesting to the ownership and consenting to the subdivision and filing thereof. In addition there shall be an endorsed certification for: Township engineer attesting to conformance of the plat with all applicable regulations; the planning board attesting to approval of the map; and the time limit for filing thereof.

(p)

Any other information deemed necessary by the planning board, Township committee or Township engineer to properly evaluate the submission.

(q)

Boring and Percolation Data. When public sewage disposal system is not available, results of a soil boring and percolation test confirmed by a licensed engineer shall be submitted for each proposed residential lot. The results shall include the following information:

Date of test.

Soil log to a minimum depth of ten feet or to a depth as directed by the Township engineer.

Depth at which groundwater was encountered.

An evaluation of depth to the seasonal high groundwater level.

Exact location of the test on the proposed lot.

(6)

Name of the witness of the test.

(7)

Rate of percolation in minutes per inch.

(8)

Depth at which the percolation test was taken.

(9)

Surface elevations at each boring location.

(10)

A soils map taken from the Ocean County Soils Survey, prepared by the U.S. Department of Agriculture, showing the location of the proposed development thereon.

(11)

A map taken from the U.S. Department of Interior, Fish and Wildlife Service, "National Wetlands Inventory" maps, showing the location of the proposed development thereon.

The Township engineer is the designated agent of the planning board who shall review all development applications and certify completeness of the same.

§ 14-4.3 Required Construction Improvements for Minor Subdivisions.

[Ord. 3/3/88, § XV; Ord. #92-13]

The following construction improvements shall be required for all minor subdivisions:

Concrete curbs shall be installed along all street frontages of lots which have been the subject of a minor subdivision approved by the Plumsted Township Planning Board.

Concrete sidewalks shall be installed along all street frontages of lots which have been the subject of a minor subdivision approved by the Plumsted Township Planning Board.

Shade trees shall be planted to the rear of the existing sidewalk or sidewalk easement, and shall be planted not further than 40 feet on center with at least one tree to be planted within five feet of a property line which intersects with the roadway right-of-way. All developers must provide a seven foot shade tree easement at the time of the subdivision application.

§ 14-4A Site Plan Review.

§ 14-4A.1 Site Plan Review Required.

[Ord. #100A; Ord. #92-13; Ord. #2007-02, § II]

A site plan must be developed and submitted to the planning board for all construction within the Township of Plumsted, with the exception of any one of the following circumstances:

New construction or an addition to a single family residential home.

New construction or an addition to a two family residential home.

Construction of any building for farming or agricultural purposes.

As built drawings must be submitted to and approved by the Township engineer prior to the issuance of a certificate of occupancy.

§ 14-4A.2 Site Plan Required; Change of Use.

[Ord. #92-13; Ord. #2000-04, § 4; Ord. #2007-02, § II]

A site plan must be submitted for any change in permitted uses where additional parking is required as a result of the proposed change.

Any proposed change in use which requires a variance pursuant to N.J.S.A. 40:55D-70(d) must submit a site plan.

§ 14-4A.3 Minor Site Plan.

[Ord. #92-13; Ord. #2007-02, § II]

An application for development is entitled to be relieved from full site plan requirements if the development application meets the following conditions:

No site improvements are required;

No off-street parking required;

New construction may not exceed 500 square feet.

Plat details may be waived for minor site plan approval, if the applicant submits a survey, photographs of existing site, and sketch of proposed sign.

§ 14-4A.4 Site Plan Waiver.

[Ord. #98-12, § 1; Ord. #2001-21 § 1; Ord. #2007-02, § II; Ord. #2008-16, § 2]

The planning board engineer shall have the authority to waive the requirements of submitting a site plan to the planning board, provided the construction is of a minor nature and the minor construction would ensure consistency with the Municipal Land Use Law, N.J.S.A. 40:55D-38.

Existing developed lots within the C-4 Zone, which are considering a change in use from residential to commercial use, may have the site plan waived provided that the applicant complies with the following:

Present to the building department an application for a plot plan (including the appropriate fee).

Payment of an escrow fee of five hundred dollars ($500) to allow for reimbursement of professional fees expended by the municipality.

Provide a detailed written explanation of the proposed use explaining why site plan approval shall be waived and describing the proposed uses, requirements for employees, hours and days of operation, parking requirements, where parking is available in the area, deliveries and loading area requirements, signage, and lighting.

Provide a plot plan on an updated survey showing:

Name and title of applicant and person preparing the map.

Tax map, lot and block number.

Date, scale and north point.

The zone in which property is located and any zone boundary lines near the property on a key map of the area.

The entire property in question shall be shown even though only a portion of the property may be involved in the site plan, provided, however, where it is physically impossible to show the entire property on one sheet, a key map shall be permitted.

All abutting streets, property lines and the location and setbacks of buildings on adjacent lots, including fences, parking area and access drives, etc.

Front, side and rear setback dimensions.

All lot line dimensions.

Rights-of-way, easements and all other interests in lands, if any, and identify or explain those which are required to be deeded by the Township. Include all conservation easements on site and adjoining sites.

Type of paving, curbs, sidewalks, parking space layouts and loading areas with dimensions.

The location of catch basins and all storm drainage facilities, including existing as well as proposed.

Location, size and type of all proposed landscaping. In addition, design details of fences, walls, guard-rails and similar facilities shall be furnished.

(m)

Location and type of all proposed lighting.

(n)

Location, size and general description of all proposed signs.

(o)

Size, height, location and arrangements of all proposed buildings and structures, including an architectural drawing or rendering of such building showing elevation views with vertical dimensions, if applicable.

(p)

Landscaped areas, fencing and buffer areas for the purpose of isolating the activities conducted on the site from adjoining residentially zoned areas, if any.

(q)

A statement indicating the number of square feet of enclosed building area.

(r)

Existing and proposed contour lines, existing contours being shown in short dashed lines and proposed contours being shown in solid lines.

(s)

Proposed finished floor elevations.

(t)

Enough spot elevations on curbs and gutters to determine grade and verify runoff.

(u)

Any on-site wetlands or off-site wetlands within 200 feet, shall be delineated and mapped on the preliminary plat in accordance with the provisions of Subsection 14-5.2b9(a)(3)(x).

(v)

Ingress and egress (both pedestrian and vehicular).

(w)

Parking (if applicable).

(x)

Distance to adjoining buildings.

(y)

All proposed improvements.

Once the engineer has reviewed the plan, a determination will be made on the issuance of the permit or if a formal site plan shall be made. It should be noted that if extensive changes are made to the site, then the waiver will not be granted.

§ 14-5 MAJOR SUBDIVISIONS AND MAJOR SITE PLANS. [1]

[1]

Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 83A, 85A, 91A, 99A, 100A, 4/12/82, 10/9/84, 6/8/87, 3/3/88, 9-88, 90-19, 92-13, 97-01, 1997-27, 2001-14, 2002-03, 2002-04, 2003-20, 2003-21, 2004-08, 2004-13

§ 14-5.1 Purposes and Applicability.

[Ord. #2007-02, § VI; Ord. #2011-03, § 3]

The provisions of this section shall apply to all major site plans and major subdivision applications in this municipality. For the convenience of applicants, the municipality provides a complimentary plan requirements checklist listing all the documents that this section requires to be submitted, at each step of the review process. Copies of this checklist are available from the municipal office. The checklist also facilitates review by staff and officials, as they review each new application for completeness and conformance with relevant ordinance provisions.

Action by the applicant. Any owner of land within the Township seeking subdivision approval under the provisions of this section must have all required documents on file with the Township land use board secretary at least 28 days prior to the regular scheduled meeting that the applicant is to have their hearing.

The applicant shall follow the procedure for application submission as established by the land use board. It is recommended that submissions be made in person.

The Township will not be responsible for submissions made by certified mail, mail, or delivery companies. The applicant shall submit the following documents at least 28 days prior to the next regular meeting date at which time the review for completeness will commence:

All application fees and escrow fees for major subdivision/major site plan applications in accordance with the current fee schedule as adopted by the Township committee.

Application forms, plans and attachments as follows:

Secretary of board (applications and attachments: send original and ten copies; plans: send 11 copies).

Board engineer (two copies of applications, plans and all attachments).

Board attorney (one copy of applications, plans and all attachments).

Municipal Utilities Authority (send MUA application and plan).

Plumsted Township environmental commission (one copy of application, EIS environmental questionnaire and two copies of plans).

Plumsted Township board of fire commissions (one copy of application and plan).

All information must be submitted and fees paid for a submittal to be considered an application.

If an application is deemed incomplete by the approving authority, the applicant has 90 days after the date of such incompleteness notification to correct the specified deficiencies to make the application complete. If the approving authority has not received the materials required to cure the deficiencies needed to make the application completed within 90 days of the date of incompleteness notification, said application shall be deemed withdrawn without prejudice unless the applicant can provide legitimate reasons for further delay which can be presented to the board at the time of the scheduled memorialization. The approving authority will memorialize its determination that the application is deemed withdrawn without prejudice by resolution and forward a copy of such resolution to the applicant by certified mail.

§ 14-5.2 Sketch Plan Overlay Sheet.

[Ord. #2007-02, § VI; Ord. #2008-16, § 3]

The applicant shall prepare a sketch plan which will serve as a diagrammatic basis for informal discussion with the land use board regarding the design of a proposed subdivision or site plan. Sketch plan submission helps applicants and officials develop a better understanding of the property and helps establish an overall design approach that respects the property's special or noteworthy features, while providing for the density permitted under the zoning ordinances.

To provide a full understanding of the site's potential and to facilitate the most effective exchange with the land use board, the sketch plan should include the information listed below. The sketch plan may be prepared as a simple overlay sheet placed on top of the Natural Resources and Site Analysis Plan.

Name and address of the legal owner, the equitable owner, and/or the applicant.

Name and address of the professional engineer, surveyor, planner, architect, landscape architect, or site designer responsible for preparing the plan.

Graphic scale (not greater than 1"=200 ft.; however, dimensions on the plan need not be exact at this stage) and north arrow.

Approximate tract boundaries, sufficient to locate the tract on a map of the municipality.

Location map.

Zoning district.

Streets on and adjacent to the tract (both existing and proposed).

Approximate 100-year floodplain limits, and location of wetlands and wetland buffers if any.

Topographic, physical, and cultural features including fields, pastures, meadows, wooded areas, trees identified as significant trees, specimen trees, and/or landmark trees, according to the Woodland Protection Ordinance (Ordinance No. 2003-06[1]), hedgerows and other significant vegetation, steep slopes (over 15 percent), rock outcrops, soil types, ponds, ditches, drains, dumps, storage tanks, streams within 200 feet of the tract, and existing rights-of-way and easements, and cultural features such as all structures, foundations, walls, wells, trails, and abandoned roads. Include all conservation easements on site and adjoining sites.

[1]

Editor's Note: Ordinance No. 2007-02, a portion of which is codified herein as Subsection f, was adopted February 7, 2002.

Schematic layout indicating a general concept for land conservation and development.

Proposed general street and lot layout.

In the case of land development plans, proposed location of buildings and major structures, parking areas and other improvements.

General description of proposed method of water supply, sewage disposal, and stormwater management.

The plan should be clearly labeled "Sketch Plan."

A fee of a sketch plan shall be charged in accordance with the current fee schedule and escrow schedule for land development boards. The escrow fee can be applied towards the preliminary plan submission fee should the application be filed within six months of the sketch plan review.

When an application includes only a portion of a landowner's entire tract, or when such portion is contiguous to an adjoining tract of the landowner, a sketch layout shall be included showing future potential subdivision of all the contiguous lands belonging to the landowner to ensure that subdivision may be accomplished in accordance with current codes and with appropriate access. Submission and review of the sketch plan described in this section shall not constitute approval of the future subdivision shown thereon.

§ 14-5.3 Preliminary Plan Submission Items.

[Ord. #2007-02, § VI]

The following information shall be required as part of all preliminary plan submissions:

Drafting Standards

Basic Preliminary Plan Information

Site Context Map

Natural Resources and Site Analysis Plan

Four-Step Design Process for all Districts

Site Design and Layout Plan

Construction Improvement Plan

Area of Disturbance

Greenway Ownership and Management Plan

Engineering Certification

Stormwater Management and Erosion and Sediment Control Plan

Community Impact Statement

Lighting Plan

Environmental Impact Statements

Historic Pesticide Contamination Report, if applicable.

Woodland Protection Plan

§ 14-5.4 Preliminary Plan Submission Requirements.

[Ord. #2007-02, § VI; Ord. #2008-16, § 4]

Drafting Standards.

The plan shall be drawn to a scale of no smaller than 1"=50', and up to 1"=100' or 1"=200', whichever would fit best on a standard size sheet (24" x 36"), unless otherwise approved by the land use board. The preliminary plan shall be prepared under the supervision of a New Jersey licensed land surveyor and a New Jersey licensed engineer.

Dimensions shall be set in feet and decimal parts thereof, bearings in degrees, minutes, and seconds.

Each sheet shall be numbered and shall show its relationship to the total number of sheets. The first sheet of each submittal shall include a table of contents listing the sheet number and title of each sheet in the set. All plans submitted shall be made on sheets no larger than 34" x 44" nor smaller than 17" x 22".

Plan revisions shall be numbered "00" on the first submission, and consecutively numbered "01", then "02", and so on, dated for each of the subsequent revisions. Alternative alpha-numeric systems may also be used.

The plan shall provide an adequate legend indicating clearly which features are existing and which are proposed.

The boundary line of the subdivision shall be shown as a solid heavy line.

Any map which in the opinion of the Township engineer is not clear and legible shall be returned to the applicant without action by the planning board.

Basic Preliminary Plan Information. All preliminary plans shall include the following basic information:

Name of the proposed subdivision or site plan or other identifying title and the name of the Township(s) in which the subdivision or land development is located.

Name, address, and telephone number of the applicant and the name and address of the landowner of the tract, if different than the applicant.

Name, address, and telephone number of the registered engineer, surveyor, or landscape architect responsible for the plan.

Statement identifying the plan as "preliminary."

Scale of the plan, both written and graphic.

Original date of preparation and any subsequent revision dates.

A location map drawn at a scale of not less than 800 feet to the inch, showing the relationship of the tract to surrounding properties, roads, and watercourses within 1,000 feet of any part of the property. Zoning boundaries that traverse or are within 300 feet of the tract, including overlay district boundaries.

Tract boundaries with tax parcel number(s), with lot line dimensions and approximate acreage(s).

Names of owners of properties adjacent to the tract.

As a plan note or table, existing Township zoning regulations applicable to the tract including district designation, lot area, building setback lines, dimensional requirements, and average proposed lot size.

North arrow.

An approval block for signatures.

Proposed method of water supply and sewage disposal, as a note on the plan.

If any element of the plan is not in conformance with Township ordinances and regulations, a plan note or table shall indicate the nonconformity and the reason for requesting an exception/variance/zoning change.

Proof of payment of all current taxes due and assessments for local improvements, if any.

Approval of the Plumsted Township Municipal Utilities Authority of all sewage extensions.

17.

Tentative approval of the municipal utilities authority of all sewage extensions, or in lieu thereof, tentative approval of the Township board of health for the use of individual sewage disposal systems.

18.

Name and address of the subdivider and name and address of the owner together with a certification by the owner attesting to his ownership and consenting to the subdivision.

19.

Complete boundary information together with a statement as to the source of the information (survey, tax map, deed, etc.).

20.

Proposed street names and lot and block numbers which shall be approved by the Township engineer.

21.

Dimensions of each and every lot within the subdivision.

22.

Boring and Percolation Data. When a public sewage disposal system is not available, results of a soil boring and percolation test confirmed by a licensed engineer, shall be submitted for each proposed residential lot. The results shall include the following information:

Date of test.

Soil log to a depth of ten feet, or as directed by the Township engineer.

Depth at which groundwater was encountered.

An evaluation of depth to the seasonal high groundwater level.

Exact location of the test on the proposed lot.

Rate of percolation in minutes per inch.

Depth at which the percolation test was taken.

Surface elevations at each boring location.

A soils map taken from the Ocean County Soils Survey, prepared by the U.S. Department of Agriculture, showing the location of the proposed development thereon.

A map taken from the U.S. Department of Interior, Fish and Wildlife Service, "National Wetlands Inventory" maps, showing the location of the proposed development thereon.

23.

Existing ground contours at a maximum interval of two feet except if the average slope of the land is one percent or less, the maximum interval shall be one foot. Existing contours shall be shown as short dashed lines with fifth contour accented.

24.

Proposed elevations every 100 feet along the center line of all streets within and abutting the proposed subdivision. In addition, there shall be proposed elevations at each lot corner, an approximate house plateau elevation and sufficient other elevations to show the anticipated grading of the subdivision and general direction of all surface drainage runoff.

25.

Traffic control signs and devices.

26.

All conservation easements on site and adjoining sites.

Site Context Map.

A map showing the location of the proposed subdivision within its neighborhood context shall be submitted. For sites under 100 acres in area, such maps shall be at a scale not less than 1"=200', and shall show the relationship of the subject property to natural and man-made features existing within 1,000 feet of the site. For sites of 100 acres or more, the scale shall be 1"=400', and shall show the above relationships within 2,000 feet of the site. The features that shall be shown on Site Context Maps include topography (from U.S.G.S. maps), water bodies and courses, wetland complexes (from maps published by the NJDEP), woodlands over one-half acre in area (from aerial photographs), agricultural lands, ridge lines, public roads and trails, utility easements and rights-of-way, public land, and land protected under conservation easements. Site Context Maps shall indicate land uses of all adjoining lands.

Natural Resources and Site Analysis Plan.

A Natural Resources and Site Analysis Plan shall be prepared to provide the developer and the Township with a comprehensive analysis of existing conditions, both on the proposed development site and within 500 feet of the site. Conditions beyond the parcel boundaries may be described on the basis of existing published data available from governmental agencies and from aerial photographs. The Township shall review the plan to assess its accuracy, conformance with Township ordinances, and likely impact upon the natural and cultural resources on the property. The following information shall be required:

Complete current perimeter boundary survey of the property to be subdivided or developed prepared by a registered surveyor, showing all courses, distances, and area and tie-ins to all adjacent intersections.

An aerial photograph, based upon most recent mapping available, enlarged to a scale not less detailed than one inch equals 400 feet, with the site boundaries clearly marked. Mapping must indicate date and source of aerial.

Natural features including:

Contour lines at intervals of not more than two feet. (Ten foot intervals are permissible beyond the parcel boundaries, interpolated from U.S.G.S. published maps.) Contour lines shall be based on information derived from a topographic survey for the property, evidence of which shall be submitted including the date and source of the contours.

Steep slopes in the following ranges: 15—19.9 percent, and 20 percent and greater. The location of these slopes shall be graphically depicted by category on the plan.

Areas within the Flood Hazard Area.

Watercourses, either continuous or intermittent and named or unnamed, and lakes, ponds or other water features as depicted on Map 7: Surface Water and Watersheds and Map 11: Wetlands and Vernal Ponds of the 2003 Conservation Element of Plumsted Township's Master Plan, and any Category One Streams and buffers.

Wetlands as shown on Map 11: Wetlands and Vernal Ponds of the Township Conservation Element and as identified on site.

(6)

Soil types and their boundaries, as mapped by the USDA Natural Resource Conservation Service, including a table listing the soil characteristics pertaining to suitability for construction and, in unsewered areas, for septic suitability. Agricultural value of soils shall also be depicted on the plan. In addition, plans submitted on current or former farmland must complete pesticide testing at the discretion of the board.

(7)

Any portion of the tract identified as a NJDEP Natural Heritage Priority Site shall be highlighted, with additional information on its biodiversity rating and the type of imperiled species.

(8)

A viewshed analysis showing the location and extent of views into the property from public roads and from public parks subject to the Scenic Viewshed Protection Ordinance.

(9)

Ridgelines and watershed boundaries.

(10)

Geologic formations on the tract, including any rock outcroppings, cliffs, sinkholes, and fault lines, based on available published information or more detailed data obtained by the applicant.

Existing man-made features, including:

Location, dimensions, and use of existing buildings, driveways, fences and sidewalks.

Location, names, widths, center line courses, rights-of-way of existing streets and alleys, and existing curb cuts.

Location of trails, sand or drift roads that have been in public use (pedestrian, equestrian, bicycle, etc.).

Location and size of existing sanitary sewer and storm drains, and water supply facilities.

Any conservation easements, ROW easements or other types of easements, deed restrictions, rights-of-way, or any other encumbrances upon the land, including location, size, and ownership.

(6)

Site features or conditions such as known contaminated sites from Map 13: Known Contaminated Site in the Township Conservation Element, and active and abandoned wells, quarries, and artificial land conditions.

(7)

Locations of historically and archaeologically significant sites or structures on the tract, including, but not limited to foundations, stone walls, earthworks, and burial sites.

(8)

Total acreage of the tract, and the constrained land area with detailed supporting calculations.

Four-Step Design Process for Development. Preliminary Plans for development shall include documentation of a four-step design process in determining the layout of proposed open space, building sites, streets and lot lines, as described below. The applicant shall be prepared to submit four separate sketch maps indicating the findings of each step of the design process.

Step 1: Delineation of Greenway Lands. The minimum percentage and acreage of required greenway lands shall be calculated by the applicant and submitted as part of the sketch plan or preliminary plan. Greenway lands shall include all Primary Conservation and Secondary Conservation Areas and those parts of the remaining buildable lands with the highest resource significance.

Step 2: Location of House Sites. Potential house sites shall be tentatively located, using the proposed open space lands as a base map as well as other relevant data on the Natural Resources and Site Analysis Plan such as topography and soils. House sites should generally be located not closer than 100 feet from Primary Conservation Areas and 50 feet from Secondary Conservation Areas, taking into consideration the potential negative impacts of residential development on such areas as well as the potential positive benefits of such locations to provide attractive views and visual settings for residences.

Step 3: Alignment of Streets and Trails. Upon designating the house sites, a street plan shall be designed to provide a safe pattern of vehicular and pedestrian access to each house, complying with the street design standards in this ordinance, and bearing a logical relationship to topographic conditions. Impacts of the street plan on proposed greenway lands shall be minimized, particularly with respect to crossing environmentally sensitive areas such as wetlands and traversing slopes exceeding 15 percent. Street connections shall generally be encouraged to minimize the number of new culs-de-sac to be maintained by the municipality and to facilitate access to and from homes in different parts of the tract (and adjoining parcels).

Step 4: Drawing in the Lot Lines. Upon completion of the preceding three steps, lot lines shall be drawn as required to delineate the boundaries of individual residential lots.

Site Design and Layout Plan. The following information shall be provided with the Site Design and Layout Plan.

Layout and dimensions of proposed lots, including:

Area of each proposed lot, including gross lot area and net lot area.

Building envelope showing setback lines and yard area requirements.

The proposed location of all percolation tests and test pits.

Location of proposed water supply.

Location, right-of-way width, cartway width, and names of all proposed streets within the subdivision or land development.

Clear sight triangles at all proposed intersections.

For residential subdivisions, parcels of land to be dedicated or reserved for nonresidential use. Statements shall also be included indicating the intended use of all nonresidential lots and the proposed or existing restrictions of any type which will exist as covenants in the deed(s) for all nonresidential lots.

Location, if any, of parks, playgrounds, and other areas or buildings dedicated or reserved for public use, with any conditions governing such use.

Land development plans shall show proposed building locations, including an architectural drawing or rendering of such building showing elevation views with vertical dimensions, parking lots, all proposed signage with location, size and general description, provisions for access and traffic control, locations of loading docks, fire lanes, fire department connections, and provisions for the landscaping and lighting of the site where applicable. Total building coverage and impervious surface coverage shall be noted on the plan.

Proposals for developments with multi-family dwellings (including townhouses, duplexes, and multi-family dwellings) shall provide the following information as applicable:

Total number of dwelling units, by type; number of buildings and distances between buildings; proposed density; and total parking spaces.

Total building coverage and impervious surface coverage.

Areas that are proposed to remain open including the intended use of the open land (recreation, agriculture, etc.).

Where the preliminary plan covers only part of the applicant's entire holding, a sketch of the prospective future street system for the remainder of the holdings shall be included.

Location of easements or rights-of-way necessary for any purpose, including but not limited to utilities, drainage, and grading.

Proposed landscaping and buffering, subject to the board engineer's review and the land use board's approval.

Construction Improvements Plan. The Construction Improvements Plan shall contain sufficient information to provide working plans for the layout and construction of proposed streets, utilities, stormwater management structures, and other improvements. Information shall include, but not be limited to the following:

A statement describing proposed public improvements including: streets, curbs, sidewalks, and the means of water supply and sewage disposal to be provided.

Water Supply and Sewage Facilities.

Water Supply.

Where off-site or central water service is proposed, the preliminary design of water distribution facilities including the size and location of water mains, fire hydrants, storage tanks, and, where appropriate, wells or other water sources.

Where individual on-site water service is proposed, approximate location of well sites.

Sewage Facilities.

Where public sewer service is determined to be feasible and consistent with the sewage service area of the Ocean County Water Quality Management Plan (208 Plan), the preliminary design of sewage systems, including but not limited to the location of sewers, pumping stations, sewer mains, and, where applicable, sewage treatment plants, showing the size, capacity, and location of treatment facilities.

Where a community sewage system is proposed, plan information shall include the evaluation of alternative technologies. The preliminary design of the proposed system shall also be included, showing the size, capacity, and location of treatment facilities and, where applicable, wastewater reclamation/land application sites.

Where individual on-site sewage facilities are proposed, the applicant shall submit a statement with regard to the suitability of the soil to absorb sewage wastes.

Horizontal Plan for Streets showing details of the horizontal layout including:

center line with bearings, distances, curve data, and stations corresponding to the profile.

Right-of-way and curblines with radii at intersections.

Tie-ins by courses and distances to intersection of all public roads, with their names and widths.

Location of all monuments and other boundary markers by bearing and distances.

Location and size of all drainage facilities, sidewalks, public utilities, fire hydrants, lighting standards, and street name signs.

Street intersection plan drawn to a scale of one inch equals 20 feet defining all existing and proposed features for each new intersection.

Horizontal Plan for Storm Water Management and Sanitary Sewer Facilities, complying with state and local stormwater regulations.

Location and size of line with stations corresponding to the profile.

Location of manholes or inlets with grade between and elevation of flow line and top of each manhole or inlet.

Location of laterals.

Location of other drainage facilities and public utilities in the vicinity of storm and/or sanitary sewer lines.

Hydraulic design data and calculations for storm sewers, inlets, culverts, and bridge structures.

A profile plan indicating final grades of streets, sanitary sewers, stormwater management facilities, and the extent of cut and fill operations.

The profile plan shall show the vertical section of the existing grade and proposed grade along the center line of the proposed street. Where storm drainage and/or sanitary sewer lines are to be installed, they shall also be indicated on the profile plan.

The horizontal scale on the profile plan shall be not less than one inch equals 100 feet and the vertical scale shall not be less than one inch equals ten feet or in cases where larger scales are used, the ratio shall be 1:10 vertical to horizontal.

A typical cross-section of street construction shall be shown on the profile plan and shall indicate the following:

Right-of-way width and the location and width of paving within the right-of-way.

Type, thickness, and crown of paving.

The location, width, type, and thickness of curbs and sidewalks to be installed, if any.

Grading of sidewalk area.

Typical location, size, and depth of any underground utilities that are to be installed in the right-of-way where such information is available.

Existing ground and proposed finished grade; existing and proposed elevations to the nearest tenth shown at every station. Station to the nearest five feet and proposed elevation at every intersecting street; P.V.I. Station, elevation and length of curve at all vertical curves; Station and proposed elevation of all P.V.C.s and I.V.T.s; tangent grades to the nearest one hundredth percent.

All existing and proposed sanitary sewers and all existing and proposed trunk and principal lateral storm sewers. Any trunk or principal lateral storm sewer which is not in a street shall be plotted on a separate profile. Invert elevations and pipe sizes shall also be shown for storm and sanitary sewers.

When suitable material is required to be removed in roadway areas, the vertical limits of such removal shall be shown.

The Construction Improvements Plan shall include a timetable for the proposed sequence of development.

Any other information required by the nature of the design which may appropriately be shown in a profile view.

Detail sheet(s) providing sufficient details and notes to define the construction methods and materials of proposed improvements. Details shall include but not be limited to:

Details of all public sewer improvements as required and approved by the New Jersey Department of Environmental Protection and/or other governmental agencies and private sewerage authorities.

Details of all public water improvements as required and approved by the NJDEP and/or other governmental agencies or private water companies.

A cross-section of each utility trench, showing proposed bedding and backfill material as well as the required compaction methods.

Erosion and sediment control methods and materials.

Stormwater management facilities.

Nitrate Dilution. Applicant must address nitrate dilution pursuant to § 15-5, General Requirements.

Unless specifically approved otherwise by the Township engineer, the drainage area map shall be prepared on a duplicate original of the preliminary plat, which has been completed to show all the detail required on a preliminary plat with the exception of the proposed drainage and extraneous notations, and shall show the following additional information:

All proposed drainage with each manhole, inlet, headwall and other drainage structure numbered.

The outline of each area contributing to a drainage inlet structure, both on site and off site. When it is impractical to show the on-site contributing area on the drainage map, it may be shown on the largest scale geodetic quadrangle sheet or other appropriate contour map.

Arrows showing the direction of flow of all surface drainage particularly noting the location of all high and low points and the direction of gutter flow through all street intersections.

In either tabulated form or within the appropriate outline, there shall be shown for each contributing area the total area in acres with subtotals for areas of equal runoff coefficients and the runoff coefficient used for each sub area;

In either tabulated form or within the appropriate outline, there shall be shown the distance from the most remote point of the contributing drainage area to the inlet structure. This shall be segregated into lengths of equal overland flow characteristics and shall show the overland flow time for each length and also the total.

The off-site point of discharge and existing off-site system showing pipe size, type, slope, invert and capacity, to an extent which will provide the Township engineer with sufficient detail to properly evaluate the complete drainage system. Dependent upon the size and scale of the drawing this information may be shown at a reduced scale.

When in the opinion of the Township engineer, the design appears to be marginal, there shall also be included a hydraulic profile of the proposed system.

Drainage calculations shall be organized in an orderly logical sequence and shall show for each drainage inlet structure; the contributing drainage area; the runoff coefficient; time of concentration; rainfall intensity; design flow; length of pipe; slope of pipe; proposed diameter and type; coefficient of roughness of pipe; velocity in pipe; time in pipe; and capacity.

Area of Disturbance. The Area of Disturbance Plan shall include the following information:

An encroachment map shall be provided which includes the building envelope in relation to information required by the Natural Resources and Site Analysis Plan, above, and a preliminary grading plan illustrating proposed disturbance or removal of the identified natural features. All proposed buildings, utilities and stormwater management facilities, as proposed in the other preliminary plan documents, shall be taken into account in preparing the Area of Disturbance Plan, which shall clearly demonstrate that the applicant has minimized site disturbance to the greatest extent practicable.

In addition to the minimum buildable area, where on-lot sewage facilities are proposed, both a primary and replacement, or reserve area for each proposed system, shall be shown. This area shall not include any portion of those environmentally sensitive areas that may not be developed or intruded upon.

Clearing and grading shall be performed in a manner which will prevent or minimize the damage, destruction or removal of trees on the site.

The site shall be graded to secure proper drainage and to prevent the collection of stormwater.

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.

Preliminary Greenway Ownership and Management Plan.

Using the preliminary plan as a base map, the boundaries, acreage and proposed ownership of all proposed greenway areas shall be shown.

Unless otherwise agreed to by the board, the cost and responsibility of maintaining common facilities and greenway land shall be borne by the property owner, homeowners' association, or conservation organization.

The applicant shall, at the time of preliminary plan submission, provide a Plan for Maintenance of Greenway Lands and Operation of Common Facilities which shall be incorporated into the developer's agreement.

In the event that the organization established to maintain the greenway lands and the common facilities, or any successor organization thereto, fails to maintain all or any portion thereof in reasonable order and condition, the municipality may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended.

The municipality may enter the premises and take corrective action, including extended maintenance. The costs of such corrective action may be charged to the property owner, homeowners' association, conservation organization, or individual property owners who make up a homeowners' association and may include administrative costs and penalties. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the municipality with the county clerk or county registrar.

Preliminary Engineering Certification. Prior to approval of the preliminary plan, the applicant shall submit to the land use board a "Preliminary Engineering Certification" stating that the approximate layout of proposed streets, houselots, and greenway lands complies with the municipality's zoning and subdivision ordinances, particularly those sections governing the design of subdivision streets and stormwater management facilities. This certification requirement is meant to provide the land use board with assurance that the proposed plan is able to be accomplished within the municipality's current regulations. The certification shall also note any waivers needed to implement the plan as drawn.

Stormwater Management and Erosion and Sedimentation Control Plan. A complete Stormwater Management and Soil Erosion and Sedimentation Control Plan shall be provided.

Community Impact Statements. All applications for preliminary major subdivision approval where more than ten lots are proposed and all applications for preliminary site plan approval shall be accompanied by a community impact statement analyzing the proposed development and its expected impact upon the existing facilities and services. The information furnished within the community impact statement shall serve to influence the design of the proposed development so that the provision of necessary municipal facilities can be anticipated and coordinated with the construction of the proposed development. The community impact statement shall include where applicable, the following:

Population Impact. An analysis of the number of people expected to be added to the municipal population as a result of the proposed development, according to the following age groups; preschool-aged children, school-aged children, parents of family-bearing age, middle aged adults and retired people.

School Impact. An analysis of the anticipated number of pupils who will be added to the student population in the municipality and a statement by the relevant school authorities as to the ability of the existing public school facilities to absorb the expected student population during a ten-year time period and the expected cost of any required building additions and/or increased teaching staff.

Facilities Impact. Statements by the relevant authorities as to the adequacy of the existing facilities, including the adequacy of existing public water facilities, public sewerage facilities; recreational facilities; and library facilities. Should such facilities be determined to be inadequate to serve the proposed development, the applicant shall indicate remedies, either expected from other sources or proposed by the applicant, or any combination thereof, along with the estimated costs for any additional facilities proposed by the applicant.

Service Impact. Statements by the relevant authorities as to the adequacy of the existing services proposed by the Township to serve the proposed development and the impact of the development upon the services, including police protection; fire protection; first aid; emergency management; solid waste disposal and recycling and street maintenance services.

Traffic Impact. An analysis of the existing road network available to serve the proposed development, as well as the proposed road network within the development itself and the surrounding road network which will be affected by the proposed development, including the capacity of the existing and proposed roadways; the anticipated traffic volumes as a result of the proposed development as well as the increase in traffic volumes expected from other developments within the area; and any problem spots in the overall road network including unsafe intersections, turns or grades.

Financial Impact. An analysis of the revenues expected to be generated from the development compared to the anticipated costs which the proposed development is expected to generate. Revenues and costs shall be shown for the municipality, the municipal school system and the county.

Historical Preservation Impact. Analysis of the impact, if any, upon existing historical properties and/or buildings within the municipality and the preservation protection, or promotion thereof.

Archeological Impact. An analysis of the impact, if any, upon any recognized archeological significant areas of the municipality and the preservation, promotion and protection thereof.

Architectural Impact. An analysis of the impact, if any, upon any existing architectural designs within the municipality and the preservation, protection and promotion thereof.

Review; Conditions. The applicant shall submit to the land use board a proposed conceptual sketch layout for the board's review and comment prior to preliminary design submittal.

Fees. The applicant shall pay for the cost of providing reviews and inspections required by the application from the applicant's escrow account.

Disclaimer of Liability. Review and inspections associated with the analysis of the geological investigation program shall create no liability on behalf of the municipality, the municipal engineer, the municipality geotechnical consultant, municipal employees or municipal agencies as to damages which may be associated with the formation of sinkholes and subsidence.

Lighting Plan. The location and type of all proposed lighting shall be shown. Lighting shall be installed at all ingress, egress, sharp curves and culs-de-sac. Plan shall indicate lighting at 0.5 footcandle. Roadway lighting shall be contributor fixture.

Environmental Impact Statement. Twelve copies of an Environmental Impact Statement shall be submitted by the applicant for all preliminary major subdivisions and site plans except as waived in whole or in part by the land use board. In all applications the Environmental Questionnaire shall be submitted with the application. Failure to submit the questionnaire shall deem the application incomplete.

A description of the proposed project shall be submitted and shall include:

The purpose and scope of the project;

The suitability of the site for the intended project;

The estimated resident population, if applicable.

The compatibility or incompatibility of the proposed project with surrounding uses, including the adequacy of proposed exterior buffers, setbacks and screening.

An inventory and description of existing environmental conditions on the project site shall be submitted and shall include the following:

Soil Types. Each soil type on the site shall be classified and described per the Ocean County Soil Survey.

Topography. The topographic conditions of the site shall be mapped and described and in particular areas of steep slopes, clearly identified.

Vegetation. The existing vegetation on the site shall be described. When required, a map showing the location of major vegetation groupings, such as woodland, open field and wetland, shall be submitted. Where woodlands are delineated, the forest type shall be indicated.

Wildlife. Unique wildlife habitats shall be identified. Where applicable, other data assembled regarding wildlife activity on the site shall also be mapped and/or described.

Surface Water. Existing watercourses and water bodies that are partially or totally on the site or within 200 feet of the site, and their relationship to the area of land disturbance shall be delineated and described.

Subsurface Water. The subsurface conditions on the site, in terms both of depth to groundwater and of water supply capabilities of the site, shall be described. When existing conditions warrant, detailed information regarding existing wells within 500 feet of the site relative to depth, capacity and water quality shall be provided. The water supply capabilities of the adjacent areas and the recharge capabilities of the site shall be described.

Unique, Scenic and/or Historic Features. Those portions of the site that can be considered to have unique, scenic and/or historic qualities shall be described and delineated.

Existing Development Features. All existing features on the site that are not considered to be part of the natural environment shall be described. This shall include, but not be limited to: roads, dwelling units, accessory structures, utility lines, easements and rights-of-way, etc.

Air and Water Quality. An analysis shall be conducted of existing air and water quality in accordance with the standards established by the New Jersey Department of Environmental Protection.

Wetlands. Any on-site wetlands regulated by the Army Corps of Engineers and/or New Jersey Department of Environmental Protection shall be delineated and mapped and the status of any jurisdictional determination or permit application with respect to the mapped wetlands line and any required wetlands buffer shall be described and mapped, if applicable. Off-site wetlands, within 200 feet, shall be generally located with respect to the proposed development.

Threatened and Endangered Species. An investigation shall be conducted both flora and fauna for all threatened and endangered species.

Impacts.

An assessment of the impacts of the project on all items set forth in Subsection 3 above shall be provided.

A description of steps to be taken to minimize adverse environmental impacts during construction and operation, both at the project site and in the surrounding area, shall be submitted. Such description shall be accompanied by the necessary maps, schedules and other explanatory data that may be needed to clarify and explain the action to be taken.

The applicant shall submit a description and evaluation of adverse environmental impacts which cannot be avoided, with particular emphasis upon air or water quality, increase in noise, damage to natural resources, displacement of people and businesses, displacement of existing farms, increase in sedimentation and siltation, and impact of storm drainage upon water quality. Increase in municipal services and consequences to municipal tax structures shall also be included.

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.

Historic Pesticide Contamination Report. If agricultural uses occurred on the property, the applicant must address the potential of residual pesticide contamination. The applicant is to perform site investigation sampling as per the Findings and Recommendations of the Historic Pesticide Contamination Task Force Report, dated March 1999. This report may be downloaded at:

http://www.state.nj.us/dep/special/hpctf/final/hpctf99.pdf

This shall include the sample locations, depth, sampling frequency and analytical parameters. The sampling is to be performed by a qualified consultant or laboratory and shall follow chain of custody and sample quality control. The analysis is to be performed by a licensed and approved laboratory. The sample results are to be delivered by the applicant to the Township engineer for determination if additional actions are required.

Woodland Protection. Applicant must submit a "Woodland Preservation Plan" to the land use board, the environmental commission and to the Township's designated arborist, according to § 14-3A. Vegetative types shall be described by plant community, and may be partially based on the Township Conservation Element's Map 12: Landscape Project.

§ 14-5.5 Final Plan Requirements.

[Ord. #2007-02, § VI]

In addition to the following items, the submittal of a final plan for review by the Township shall contain all information outlined in the preliminary plan submission requirements, as approved by the board.

The final plat shall be submitted to the planning board within the time set forth in 40:55D-49. No application for final approval will be accepted and/or acted upon by the Plumsted Township Land Use Board unless it has been submitted within three years of the grant of preliminary approval or any agreed upon extensions for said major subdivision. Any such preliminary major subdivision approval shall be deemed to have expired.

Site Design and Layout Plan. The following information relating to the layout shall be shown on the final plan:

Sufficient data to determine readily the locations, bearing and length of every street, lot, easement, trail, and boundary line and to reproduce such lines upon the ground, including all dimensions, angles, or bearings of the lines and areas of each lot and of each area proposed to be dedicated to public use.

The gross tract area shall be included.

For residential subdivisions or land developments, the house locations, driveway locations if known, and names of all streets. The Township shall assign house numbers and the applicant shall include these numbers on the final plan.

The location of all existing and proposed permanent reference monuments and the locations of lot corner markers. All property corners shall be marked as existing, proposed, or not found.

Location and width of all private driveways.

Lots and blocks within a subdivision numbered in a logical sequence.

Construction Improvements Plan.

Where off-site or community sewer service is to be provided, the final design of all facilities, including but not limited to sewer mains, manholes, pumping stations, and sewage treatment facilities.

Where off-site or central water service or water supply is to be provided, the final design, including location and size of all water service facilities within the subdivision, shall be shown, including wells, storage tanks, pumps, mains, valves, and hydrants. The plan shall contain a statement that the placement of fire hydrants, site emergency access, and the components of the system have been reviewed by the fire commissioner and that both are compatible with the firefighting methods and equipment used by local fire companies.

For on-site water supply and sewage facilities, the final location of wells and sewage systems.

All surface improvements properly delineating between constructed and to be constructed.

Graphic location of all proposed buildings showing type, finished floor elevation, garage elevation and type of foundation (basement, crawl space, slab).

Proposed elevations at all lot corners, house corners, swales and other locations sufficient to clearly establish the direction of surface runoff from all lot areas.

Any fill utilized during the course of development which is deposited on lands located within Plumsted Township must fully comply with Chapter 6, § 6-7 of the Plumsted Township General Ordinances.

Engineering Certification and Related Approvals, Documents and Requirements.

Certification by the engineer, land surveyor, landscape architect, or land planner who prepared the plan that the plans are in conformity with zoning, subdivision, building, fire, and other applicable Township ordinances, codes, and regulations. In any instance where such plans do not conform, evidence shall be presented that an exception has been officially authorized. In addition, a certification of accuracy indicating compliance with state law and signed by the design professional shall be included on the final plan.

A certificate of title showing the ownership of the land to be vested in the subdivider or other applicant for plan approval.

A statement duly acknowledged before an officer authorized to take acknowledgments of deeds and signed by the owner or owners of the property, to the effect that the subdivision or land development shown on the final plan is made with his or their free consent and in accordance with his or their desires, and it is desired to record the same.

All offers of dedication and covenants, including homeowner association documents, governing the reservation and maintenance of undedicated open space, which shall bear the certificate of approval of the Township attorney as to their legal sufficiency. Any other restrictive covenants and/or trusteeships and their period of existence shall be indicated on the final plan wherever applicable.

A copy of such private deed restrictions, including building setback lines, as may be imposed upon the property as condition to sale, together with a statement of any restrictions previously imposed which may affect the title to the land being subdivided.

Such certificates of approval (or of preliminary approval) by proper authorities of the State of New Jersey as may have been required by the board or by this section. Final plan approval shall be conditioned upon receipt of an approved sewage treatment plan by the NJDEP or Ocean County in the case of on-site treatment.

Sewage Disposal Facilities. All major subdivisions shall provide sewage disposal facilities which are connected to any existing collection and treatment facilities of the Plumsted Township Municipal Utilities Authority. Prior to any action by the planning board, the subdivider shall obtain tentative approval of the proposed collection system from the Plumsted Township Municipal Utilities Authority. In the event that the Plumsted Township Municipal Utilities Authority is unable or deems it impractical to provide for extension of the collection system then the subdivider shall obtain tentative approval of the county board of health for individual disposal systems. If it is proposed to provide individual sewage disposal, systems for 50 or more lots, the subdivider will then be required, pursuant to N.J.S.A. 50:11-25.1, to obtain tentative approval of the proposed system from the New Jersey Department of Environmental Protection and Energy.

Water Supply Facilities. All major subdivisions shall be required to provide a public central water supply system. The subdivider shall furnish to the planning board a statement indicating the type of system proposed (extension of an existing distribution system or construction of a new supply and distribution system) and, in the case of extension of an existing system, a letter from the franchised water company indicating the availability of service to the subdivision. In the event that the planning board determines that the requirement to provide a public water supply and distribution system should be waived, the subdivider shall obtain individual well approvals. If it is proposed to provide individual water supply systems for 50 or more lots or if it is provided to provide a new comprehensive water supply and distribution system, the subdivider will then be required, pursuant to N.J.S.A. 58:11-25.1, to obtain tentative approval of the proposed system from the New Jersey Department of Environmental Protection and Energy.

Where access is required to a highway under the jurisdiction of the county or the state, the plan shall contain a notice that a highway occupancy permit is required.

A copy of all easements executed with private property owners, utilities, or municipalities, including conservation easement documents or other approved mechanism to permanently preserve the open space in a conservation or open space design subdivision, as approved by the Township attorney.

Upon completion of review and approval, and for the affixing of signatures, fully legible prints for all plans shall be submitted. Signature blocks for the land use board, board engineer, Township clerk, and county planning department shall be provided on the face of the plans.

In the preparation, submission, recording and implementation of any subdivision or land development plan, the subdivider or land developer shall comply with all applicable Township ordinances, Township resolutions, written agreements between the Township and the developer, Ocean County regulations, laws of the State of New Jersey, and laws of the United States of America.

When filed with the Ocean County Office of Recorder of Deeds, each and every deed for a lot, street, open space area or other element of any approved subdivision or land development plan shall conform fully to the requirements, restrictions, provisions and easements shown on the plan, and to any other conditions placed on the plan as part of final plan approval by the Township land use board.

Stormwater Management and Erosion and Sedimentation Control Plan. A surface drainage plan shall also be included with the final plan showing adjusted contours indicating the direction of runoff on each lot.

Proof of payment of all current taxes due and assessments for local improvements, if any.

Certification as follows:

Planning board attesting to approval of the map.

Owner's certification attesting to ownership and consenting to the subdivision and filing thereof.

Township may utilize escrow funds for all costs associated with bond release and bond reduction expenses.

Proof of off-site drainage fee (when required).

Impact fees shall be in accordance with MLUL.

Performance bond in cash, or other surety satisfactory to the Township committee, a surety will be evaluated in part based upon its AM BEST rating. Performance bonds must be posted in the amount of 120 percent in accordance with the bond estimate. Bonds must be enforceable for a minimum of 24 months. Where a developer elects to post a surety in lieu of cash, at least ten percent of the guarantee amount must be posted in cash.

A letter of credit shall be an acceptable form of a performance guarantee if approved by the Township committee or Township attorney, if so designated, and only under the following conditions:

The letter of credit is irrevocable for an initial period of at least one year with an automatic renewal period of one year.

The issuing bank must notify the Township in writing by certified mail at least 90 days prior to the expiration date should the bank exercise its option not to renew the existing letter of credit.

If the letter of credit is not renewed or replaced with a comparable letter of credit, the Township shall have the right to immediately draw a draft on sight if the developer's performance is not satisfactory as of that date, or to draw a draft 30 days after receipt of said notice if, after notification by the municipality that the letter of credit will not be renewed, the developer fails to submit a satisfactory replacement guarantee within ten days prior to its expiration; and

The developer agrees to cease and desist all such work upon receipt of notification from the municipality that the letter of credit will not be renewed until such time as a satisfactory replacement guarantee is submitted; and

The developer shall execute any agreement(s) required by the Township attorney confirming the conditions set forth herein prior to the Township's acceptance of said letter of credit. All agreements between developers and Plumsted Township shall be binding upon the parties for the life of development project.

Prior to the signing of the final plat, the developer shall execute an agreement prefirming the conditions of approval for all major subdivisions, minor subdivisions, and site plans.

§ 14-5.6 Preliminary and Final Plan Submission Procedures.

§ 14-5.6.1 General.

[Ord. #2007-02, § VI]

All preliminary and final subdivision or site plans shall be referred to and reviewed by the land use board and shall be approved or disapproved by the land use board in accordance with the procedures specified in this section and in other sections of this chapter. Any application not processed as required herein shall be null and void unless it was made prior to the adoption of these regulations.

Overview of Procedures. Paragraphs 2 and 5-10 below are required under this section. Paragraphs 1, 3, 4, and 5 are optional, but strongly encouraged as an important, valuable and highly recommended step that will speed the review process and may result in lower costs for the project. These steps shall be followed sequentially, and may be combined only at the discretion of the land use board:

Preapplication Meeting (optional, but strongly encouraged step).

Natural Resources and Site Analysis Plan.

Site Inspection by land use board and applicant, as scheduled by the land use board and applicant (optional, but strongly encouraged step).

Pre-Sketch Plan Conference.

Sketch Plan Submission and Review (diagrammatic sketch).

Preliminary Plan Submission and Review.

Detailed Final Plan, Preparation. Incorporation of all preliminary plan approval conditions, documentation of all other agency approvals, as applicable.

Detailed Final Plan, Submission. Determination of completeness, review, and approval.

Municipal board signatures.

Recording of approved detailed final plan with county recorder of deeds.

If after all preliminary approvals are obtained, the subdivider wishes to construct the improvements prior to final approval, the following must be complied with:

Engineering Drawings. All improvements shall be constructed in accordance with final engineering drawings prepared by a licensed New Jersey professional engineer and approved by the Township engineer. The drawings shall include final plans and profiles of all streets; tentative final lot grading plans which will show sufficient elevations to establish the lot area surface flow throughout the subdivision and finalized versions of all other supporting drawings deemed necessary by the Township engineer. Upon notification of approval of the engineering drawings, the applicant shall furnish the Township engineer with the original and duplicate original of all drawings. The Township engineer shall affix his signature to both sets and return the original to the applicant, retain the duplicate original in his files and forward copies to the planning board, Township clerk and building subcode official. The drawings shall become the approved plans governing the construction of all improvements.

Construction of Improvements. Upon receipt of the approved plans the subdivider may proceed to construct the required improvements provided, however, that he shall notify the Township clerk, Township committee, Township engineer and building subcode official at least seven days in advance of the date of beginning construction and shall have obtained all permits required. No on-site or off-site improvements shall be constructed except in strict accordance with approved plans. If it is found by the subdivider that minor modifications or additions are needed during the course of installing such improvements due to unforeseen circumstances, the subdivider shall not make such improvement change until approval has been granted by the Township engineer after the submittal of plans incorporating such changes.

Inspection of Improvements. The subdivider shall install no improvements without 48 hours notification to the Township engineer. The Township engineer shall determine if an inspector is to be on the job during construction. If the subdivider fails to so notify the Township engineer, the engineer shall determine if the construction performed shall be replaced, acceptable as constructed, or a maintenance bond of longer than normal duration shall be posted at time of final acceptance. Neither the Township committee, the Township engineer, the planning board, nor any of their agents, employees or representatives shall make any inspection reports or declarations to the subdivider or his subcontractors except as may be required for Township purposes.

Inspection fees as determined by the Township engineer must be posted with the chief financial officer of the Township of Plumsted prior to the commencement of any construction. Township may utilize escrow funds for all costs associated with bond release and bond reduction expenses.

§ 14-5.6.2 Submission and Review of Sketch Plan.

[Ord. #2007-02, § VI]

Applicability. A diagrammatic sketch plan shall be submitted to the municipality for review by the land use board. Such plans are for informal discussion only. Submission of a sketch plan does not constitute formal filing of a plan with the municipality, and shall not commence the statutory review period as required by the MLUL. The procedures for submission of a diagrammatic sketch plan are described within and may be altered only at the discretion of the municipality.

Preapplication Meeting. A preapplication meeting is encouraged between the applicant, the site designer, and the land use board (and/or its planning consultant), to introduce the applicant to the municipality's zoning and subdivision regulations and procedures, to discuss the applicant's objectives, and to schedule site inspections, meetings and plan submissions as described below. Applicants are also encouraged to present the Natural Resources and Site Analysis Plan at this meeting.

Natural Resources and Site Analysis Plan. Applicants shall submit a Natural Resources and Site Analysis Plan.

Site Inspection. After preparing the Natural Resources and Site Analysis Plan, applicants shall, if requested by the land use board, arrange for a site inspection of the property by a subcommittee of the land use board and other municipal officials, and shall distribute copies of said site analysis plan at that on-site meeting. Applicants, their site designers, and the landowner are encouraged to accompany the land use board.

The purpose of the visit is to familiarize local officials with the property's existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of designated greenway lands (if applicable), and potential locations for proposed buildings and street alignments. Comments made by municipal officials or their staff and consultants shall be interpreted as being only suggestive. It shall be understood by all parties that no formal recommendations can be offered, and no official decisions can be made, at the site inspection.

Presketch Conference. Following the site inspection and prior to the submission of a diagrammatic sketch plan, the applicant shall meet with the land use board to discuss the findings of the site inspection and to develop a mutual understanding on the general approach for subdividing and/or developing the tract in accordance with the four-step design procedure described in this section, where applicable. At the discretion of the board, this conference may be combined with the site inspection.

Sketch Plan Submission and Review.

Copies of a diagrammatic sketch plan, meeting the requirements set forth in Subsection 14-5.2, shall be submitted to the municipal land use board secretary during business hours for distribution to the land use board, the municipal planner, the board engineer and all applicable municipal advisory boards (at least ten days prior to the land use board meeting at which the sketch plan is to be discussed). The sketch plan diagrammatically illustrates initial thoughts about a conceptual layout for greenway lands, house sites, and street alignments, and shall be based closely upon the information contained in the Natural Resources and Site Analysis Plan. The sketch plan shall also be designed in accordance with the four-step design process described in this section and with the design review standards listed in § 14-7.

The land use board shall review the sketch plan in accordance with the criteria contained in this section and with other applicable ordinances of the municipality. Their review shall informally advise him/her of the extent to which the proposed subdivision or land development conforms to the relevant standards of this chapter, and may suggest possible plan modifications that would increase its degree of conformance. Their review shall include but is not limited to:

The location of all areas proposed for land disturbance (streets, foundations, yards, septic disposal systems, stormwater management areas, etc.) with respect to notable features of natural or cultural significance as identified on the applicant's Natural Resources and Site Analysis Plan and on the Municipality's Map of Potential Conservation Lands;

The potential for street connections with existing streets, other proposed streets, or potential developments on adjoining parcels;

The location of proposed access points along the existing road network;

The proposed building density and impervious coverage;

The compatibility of the proposal with respect to the objectives and policy recommendations of the Conservation Element of the Master Plan; and

Consistency with the Zoning Ordinance.

§ 14-5.6.3 Submission of Preliminary Plan Documents.

[Ord. #2007-02, § VI]

Preliminary Plan.

The preliminary plan is a preliminarily-engineered scale drawing in which layout ideas are illustrated in more than the rough, diagrammatic manner appropriate for sketch plans, but before heavy engineering costs are incurred in preparing detailed alignments and profiles for streets, and/or detailed calculations for stormwater management.

The applicant shall complete and sign the application form provided by the Township and shall accompany such application form with the type and number of plans, documents and other submissions required and the appropriate filing fee(s). The applicant must identify the name, address and telephone number of the record holder of legal title to the land involved (if different from the applicant), the nature of the applicant's interest in the land (whether holder of legal or equitable title or otherwise), and the name, address, and telephone number of the agent, if any. No application shall be deemed filed unless all requirements have been met and all fees therefor paid in full.

The Natural Resources and Site Analysis Plan shall be presented at the Preapplication Meeting.

The applicant shall submit copies of the complete application to the secretary of the land use board or the administrative officer of the reviewing board, in accordance with the Municipal Land Use Law requirements.

Required Fees and Distributions of Site Plan/or Subdivision Plan. All applications shall be accompanied by full payment of the required fees and escrow deposits established in accordance with the terms of this chapter for proposed subdivisions. The land use board secretary shall note the date of receipt of the application, fees, and escrow deposit, and shall forward copies of the proposed plan to the members of the land use board (11 copies) and to the environmental commission (2 copies). The applicant is responsible for submitting copies of the plan to the board engineer (2 copies); the land use board attorney; the Ocean County Health Department; and the board of fire commissioners (needs to be reviewed by board attorney and consistent with Township procedures).

Time limits for decisions shall be in accordance with the Municipal Land Use Law requirements.

Notice of Hearing. Upon setting the public hearing date, the secretary shall forward the notice of the time and place of the public hearing to each of the following:

Planning board engineer.

Planning board attorney.

Environmental commission.

Board of fire commissioners.

§ 14-5.6.4 Review of Detailed Final Plan.

[Ord. #2007-02, § VI]

General.

The detailed final plan shall conform in all respects to the conditions of preliminary and final plan, any resolution of approval, and in accordance with the Map Filing Law. Prior to filing of the map, the application shall produce copies of any executed developer's agreement.

Upon filing of the final map, the developer may obtain building permits for all lots shown on the final plat. Adequate accessibility of all roads within a subdivision must be provided by the developer. A minimum gravel base course as set forth in the design standards must be installed by the developer prior to the issuance of any building permits for dwellings to the be constructed with access via the same.

No certificates of occupancy shall be issued until all underground services serving the premises for which the certificate is sought are installed and operating and the road in front of and leading to the premises has at least one layer of bituminous concrete.

Street name signs must be located at the designated location and the dimensions of the sign must be as shown or as designated within the design standards approved by the Township of Plumsted. All street signs must be erected prior to the issuance of any building permits for dwellings to be located with access along the same. All other traffic control signs must be in place prior to the issuance of the first certificate of occupancy.

Building permits may not be issued unless and until house numbers identify, the location of each dwelling and are clearly visible from the street.

Upon final approval or satisfactory meeting of the conditions of approval, the board engineer shall prepare a complete list of improvements required, under the provisions of this chapter, and any other improvements which may have been required by the board and other agencies having jurisdiction. This list of improvements shall become a part of the approved site plan and shall be included in all distributions of same. Upon receipt of the approved site plan and list of improvements required, the building inspector shall be authorized to issue a building permit in compliance with other municipal regulations governing same.

§ 14-6 REQUIRED IMPROVEMENTS.

§ 14-6.1 Construction Improvements for Major Subdivisions.

[Ord. #85A, § 6.01; Ord. #99A; Ord. #92-13]

The following construction improvements shall be required in all major subdivisions. All of the following improvements shall be designed in accordance with the design standards contained in § 14-8 and constructed in accordance with the construction standards within § 14-9.

All new dedicated streets, all existing unimproved dedicated streets, and all widened portions of improved existing streets shall be paved with a six inch gravel base course, two inches of bituminous concrete mix #2, and surfaced with one and one-half inches of FABC Mix #5. In lieu of the gravel base course, the developer may select to substitute three inches of bituminous stabilized base course.

The above pavement section shall apply to marginal, minor and collector streets only. Arterial streets shall be constructed of a pavement section determined by the Township engineer based upon traffic volumes and composition. When required by the engineer, traffic stripping shall be included.

All streets which are to be paved or widened shall have concrete curbs along all paved edges.

Concrete sidewalks along all street frontages where curbing is required.

Shade trees at least every 40 feet along entire street frontage. Property owner must plant the first tree at the property line or within 40 feet of the nearest shade tree on the adjacent property.

Concrete control monuments at every corner of the outside boundary of the entire subdivision; at the intersection of the outside boundary of the entire subdivision with one side of all new existing streets; at any two corners of every street intersection; at all other locations required by the Map Filing Law.

Storm water collection system, including all appurtenant improvements, approved by the Township engineer.

Final lot grading and vegetative ground cover.

Grading, vegetative ground cover, equipment and other physical facilities in all park and recreation areas when such have been required by the planning board.

Sanitary sewage collection system connected to the existing Plumsted Township Municipal Utilities Authority's system. (Individual disposal systems permitted only when specifically approved by all local and state agencies.)

Public water distribution system with hydrants so located that no building within the subdivision shall be more than 600 feet from a hydrant. (Individual water supply systems permitted only when specifically approved by all local and state agencies.)

Underground telephone service lines and underground electric distribution lines together with an adequate street lighting system approved by the Township engineer. Developers must utilize the contributors lamp fixtures, which entitle the municipality to a reduced electric rate.

Traffic control signs and devices as shown on the preliminary plan and approved.

Tree protection measures must be installed immediately upon the completion of lot clearing and prior to the commencement of any building located thereon.

Fire Protection. In the absence of a public water supply system, any development of four or more newly created lots, shall require the installation of a 10,000 gallon water storage tank and adequate water supply to refill the same. Should a subdivision exceed 15 lots, then an additional water storage tank and water supply of the same nature shall be provided for each group of 15 lots or any remainder thereof.

§ 14-7 DESIGN STANDARDS.

§ 14-7.1 General.

[Ord. #91A, § 7.01]

The subdivision plat shall conform to design standards that will encourage good development patterns within the Township where either or both an official map or master plan has or have been adopted, the subdivision shall conform to the proposals and conditions shown thereon. To insure the harmonious development of the Township, a design standard shall be complied with.

§ 14-7.2 Subdivision Layout.

[Ord. #85A, § 7.02; Ord. #91A]

Subdivision shall be designed to provide a street pattern which is essentially curvilinear. Grid street patterns shall not be permitted.

The proposed arrangement of streets shall provide for the extension of all contiguous existing streets.

Street patterns in all new subdivisions shall be dictated by the contour of the land. Streets shall be laid out to run essentially perpendicular to the slope of the land. Streets running parallel with the slope of the land shall be permitted only in unavoidable or limited situations. In addition, street patterns shall be designed which will minimize the land disturbance, thereby permitting the preservation of most of the existing vegetation.

Street patterns shall be designed to provide convenient access to all lots within the subdivision and shall be based upon a local residential street pattern connected to a residential collector street system.

Reserve Access Strips. No subdivision showing reserve strips controlling access to streets shall be approved.

Additional Street Widths. Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the master plan or official map or the street width requirements of this chapter shall dedicate additional width along either one or both sides of the street. If the subdivision is along one side only, one-half of the required extra width shall be dedicated.

Private streets shall be permitted at the discretion of the planning board.

Half Streets. New half or partial streets shall not be permitted, except that wherever a proposed subdivision borders a half or partial street, the planning board shall require that the other part of the street is platted in the proposed tract.

Multiple Intersections. Multiple intersections involving a junction of more than two streets shall be prohibited.

Intersections with Arterial Streets. To the fullest extent possible, local residential street and residential collector streets shall not intersect with arterial streets less than 800 feet apart, measured from center line to center line.

Lot Dimensions. Lot dimensions shall conform to the requirements of the zoning ordinance, and lots abutting major and collector streets shall exceed the minimum depth requirements where necessary to increase the safety and privacy thereon.

Access. Each lot shall front on an improved street.

Street Widening. Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line and all setbacks shall be measured from such line.

Side Lot Lines. Insofar as is practical, side lot lines shall be at right angles to straight streets, and radial to curved streets.

Double Frontage. Double frontage, and reverse frontage lots shall be avoided except where specifically required by the planning board to overcome specific disadvantages of topography and orientation. A planting screen of at least ten feet shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use. There shall be no right of access across such easement.

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

§ 14-7.3 Streets.

[Ord. #85A, § 7.03; Ord. #99A; Ord. #92-13; Ord. #95-18, § 1]

The right-of-way and cartway widths of streets shall be measured from lot line to lot line and shall not be less than the following:

Minor streets shall have a right-of-way width of 50 feet and a cartway of 30 feet.

Collector streets shall have a right-of-way width of 60 feet and a cartway of 36 feet. The planning board maintains within its option and sole discretion to designate any proposed roadway as a collector road if the planning board in its discretion deems the future development of the Township requires the designation as a collector roadway.

Arterial street widths shall be determined by the Township engineer based upon future traffic demands and other applicable considerations of the area to be served.

Culs-de-sac shall have a right-of-way radius of 60 feet and a cartway radius of 50 feet.

Horizontal Curves. No minor street shall have a horizontal curve with a center line radius of less than 100 feet. No collector street shall have a radius of less than 500 feet. No arterial street shall have a radius of less than 750 feet.

Cross Sectional Design. Streets shall be constructed with a parabolic crown equivalent to one-quarter inch per foot. Arterial streets may be required to be superelevated on curves.

Vertical Grades. Grades on arterial and collector streets shall not exceed five percent. Grades on other streets shall not exceed eight percent. No street shall have a minimum grade of less than five-tenths of one percent.

Within 50 feet of the intersection of any street with a collector street, arterial street or controlled access highway, the maximum grade shall be limited to two percent.

Vertical Curves. All tangent profiles shall be connected by vertical curves conforming to good engineering standards.

Dead end Streets. All dead end streets which are not intended to be continued in the future shall terminate in a cul-de-sac and shall not exceed 900 feet. Dead end streets which are intended to continue in the future, which extend more than two lots past the corner lot, shall terminate with a temporary cul-de-sac.

T-intersections. The minimum distance between off-set T-intersections shall be 200 feet between center lines. Further, T-intersections shall be located such that the intersecting street center line aligns with the lot line opposite as closely as possible in order to minimize the effect of headlight glare on the dwelling opposite the intersection.

Street Intersection Angles. All intersections shall be as nearly as possible normal to each other. In no case shall an intersection be permitted with a skew angle of more than 30 degrees. In the case of an intersection between two collector streets or a collector street and an arterial street or major highway, the skew angle shall be no more than 15 degrees.

Reverse Curves. A tangent of a length commensurate with good and accepted engineering practice shall be used to connect reverse curves on all streets.

Broken Back Curves. The tangent length between horizontal curves in the same direction shall be as long as possible. When reasonable tangent lengths cannot be provided the curves shall be compounded.

Street Name. No street name shall be proposed which is a duplication in whole or part of any existing street name nor which is so similar as to be confused with an existing street name.

Marginal Roads. Subdivisions abutting major arterial streets or highways may require to provide marginal access roads. The determination shall be made by the planning board after consultation with the Township engineer.

Silt Control. Soil erosion control and sediment control measures shall be taken in accordance with the requirements of the Township soil erosion control ordinances and/or the requirements of the Ocean County Soil Conservation District.

The above standard as set forth in Subsection m may be waived in the discretion of planning board engineer.

Road Cuts. Depth of cut of roadways shall be such as to afford minimum disturbance to the adjoining property commensurate with its intended use.

§ 14-7.4 Storm Drainage.

[Ord. #85A, § 7.04; Ord. #91A; Ord. 3/3/88, § VIII; Ord. #92-13; Ord. #2006-08, § 1]

General Requirements. All storm drainage facilities shall be constructed in accordance with the applicable requirements of the latest editions of the Residential Site Improvement Standards, (RSIS); the Pinelands Municipal Stormwater Control Ordinance (if applicable); N.J.A.C. 7:8 Subchapters 5 & 6; the New Jersey Department of Transportation Roadway Design Manual and Standard Specifications for Road and Bridge Construction as well as all references in each. The developer or his engineer shall submit complete calculations, specifications, plans and details for all proposed storm drainage facilities. Any field samples or laboratory tests required to document the conclusions of such calculations shall be performed at the sole expense of the developer.

Storm Drain Pipe. All storm drain pipes shall be either slip-joint-type reinforced concrete, meeting the requirements of the Standard Specifications and of a wall thickness sufficient to meet the proposed conditions of service; but in any event, no wall thickness less than Class 3, Wall B, for concrete pipe shall be allowed. All storm drain pipes will be joined using a preformed bituminous mastic pressure type, joint sealer or rubbering type or other equivalent approved joint.

All storm drains shall be tangent between inlets, manholes or other structures, except that the use of fittings or factory-curved or mitered pipe may be allowed by the Township engineer when necessary to accommodate existing geometry or utilities. Prior to laying any storm drains, the bottom of all trenches shall be inspected by the Township engineer. Should the engineer determine that the trench is unsuitable for the placement of the pipe, the developer shall take all necessary action to remove or eliminate any unsuitable conditions. These may include, but are not limited to, excavation and backfilling with suitable material, placement of bedding material, construction of pipe cradles or such other action necessary to remove all unsuitable conditions. Proposed storm drainage installations which do not conform to the above must be fully detailed and approved as part of the final plat.

Inlet and Manholes. Inlets and manholes shall be constructed where required. In accordance with the requirements of the latest edition of RSIS; Pinelands Municipal Stormwater Control Ordinance; N.J.A.C. 7:8 Subchapters 5 & 6 and the NJDOT Standard Specifications for Road and Bridge Construction. Under special conditions, other types of pipe may be allowed as approved by the Township engineer.

Headwalls. All pipe terminations shall be provided with poured concrete headwalls or precast concrete end sections in accordance with the approved final plat. Poured-concrete headwalls shall be wing-type headwalls with aprons in accordance with the Standard Construction Details.

Inlet and Manhole Location.

In continuous conduit runs, spacing between structures (inlets or manholes) shall not exceed 400 feet.

Structures (inlets or manholes) shall be located so as not to interfere with primary routes of pedestrian travel or any proposed handicapped ramp or similar facility.

In general, surface flow length, for flows of four or more cubic feet per second, on paved surfaces shall not exceed 750 feet, provided that:

Gutter flow widths on local streets shall not exceed 11 feet or such narrower width as may be necessary to provide a twelve-foot-wide clear lane in the center of the roadway.

Gutter flow widths on collector streets shall not exceed nine feet or such narrower width as may be necessary to provide two twelve-foot-wide clear lanes in the center of the roadway.

Gutter flow widths on arterial streets without shoulders shall not exceed ten feet or such narrower width as may be necessary to provide four ten-foot-wide clear lanes in the center of the roadway.

Gutter flow widths on arterial streets and collector streets with shoulders shall be retained within the shoulder areas.

Swale gutter flow widths in parking areas shall not exceed 12 feet.

Gutter flow widths shall provide for the maintenance of two ten-foot-wide clear lanes in all access and major circulation drives and one twelve-foot-wide clear lane in all other aisles in all parking areas, except as otherwise provided in Subsection e7 below.

Design requirements which may be used to determine actual inlet location and spacing are:

Not in sump conditions:

Cubic Feet

Type per Second

B 4

E (in paved areas) 4

E (in yard areas) 1.5

In parking lots 3

In sump conditions: to be individually designed.

Only Type B inlets shall be used in curbed roadways or curbed access or major circulation drives.

Generally, sufficient inlets will be placed to eliminate any flow exceeding two cubic feet per second across any intersections.

Parking areas may be designed to allow ponding in order to decrease intensity of runoff. In such case, ponding will not be allowed in any access or major circulation drive or in any area of heavy pedestrian activity and shall not exceed six inches at any point calculated for the appropriate design storm in accordance with Subsection h1 and shall meet the criteria set forth in Subsection h13 below.

Type of Inlets and Manholes. All curb inlets shall be New Jersey Department of Transportation Standard Type B and all yard inlets shall be Standard Type E, unless large pipe sizes or special conditions require modified or special inlets; all manholes shall be New Jersey Department of Transportation standard four-foot diameter, unless a larger diameter is necessary. Casting heights on curb inlets shall be two inches greater than the specified curb face, and the gutter shall be properly transitioned approximately ten feet on either side of the inlet. Also all grates shall be bicycle safe grates and conform to the NJDEP Stormwater Regulations.

Minimum Bituminous Slopes (for surface drainage).

Along curb gutter lines that carry stormwater runoff — 0.50 percent.

Along the center line of swales within bituminous pavement areas — 0.80 percent.

Open Channels.

Open channels shall be designed to contain the required flow and shall have a design velocity low enough, in the judgment of the Township engineer, to prevent erosion. The minimum easement for open channel sections shall be the maximum design top width of the channel section segment plus 25 feet rounded to the next highest five-foot increment. The excess easement area shall be provided offset to that side of the channel most convenient for use by maintenance crews. The minimum distance between the channel top edge and any easement line shall be five feet. Excess velocity, if any, as determined by the Township engineer, in open channels must be controlled by sod, riprap, paving, ditch checks or other suitable methods. Changes of direction in open channels must have a maximum radius of 800 feet or be adequately paved or riprapped.

Generally, unlined open channel cross sections shall have side slopes not steeper than four-to-one for channel depths of two feet or less and not steeper than eight-to-one for channel depths of more than two feet. Lined open channel side slopes shall not be steeper than two-to-one.

The bottoms of all unlined open channels and the channel side slopes, to at least the design flow level, will be sodded with suitable coarse grass sod.

All unlined open channel side slopes above the design minimum flow level will be topsoiled and seeded or otherwise suitably stabilized in accordance with an approved soil disturbance permit.

All unlined open channels which can be expected to have a base flow of five cubic feet per second or more for at least two out of every 12 months will be provided with a low flow channel using gabions, riprap, lining, one-third pipe sections or other arrangements approved as part of the final plat submission.

Minimum Basis for Calculations.

Design Storm Frequency.

For closed conduits: Runoff determinations for conduit design should be made in accordance with the current RSIS; Pinelands Municipal Stormwater Control Ordinance (if applicable); N.J.A.C. 7:8 Subchapters 5 & 6.

For open channels: Runoff determinations for conduit design should be made in accordance with the current RSIS; Pinelands Municipal Stormwater Control Ordinance (if applicable); N.J.A.C. 7:8 Subchapters 5 & 6.

For detention facilities: a twenty-four-hour storm with a return period not less than 50 years or, if the tributary area exceeds 50 acres for single family residential subdivisions or 25 acres for all other uses, a 100 year minimum storm frequency shall be utilized.

For retention facilities: double the capacity obtained by applying the requirements for detention facilities.

For gutter flow calculations: ten years for local streets, 25 years for collector streets and 50 years for arterial streets.

Runoff Calculations. Runoff determinations for conduit design should be made in accordance with the current RSIS; Pinelands Municipal Stormwater Control Ordinance (if applicable); N.J.A.C. 7:8 Subchapters 5 & 6.

Minimum Pipe Slopes. Wherever possible, closed conduit drainage lines shall be installed at a slope no less than indicated below for the pipe diameter shown, or the equivalent diameter for elliptical, arch or box culverts.

Pipe Diameter (inches)	Minimum Slope
15	0.50%
18	0.40%
21	0.35%
24	0.30%
27	0.25%
30	0.20%
36	0.18%
42 or greater	0.15%

Velocity Restriction.

In general, velocities in closed conduits at design flow should be at least two feet per second, but not more than that velocity which will cause erosion damage to the conduit. In general, velocities in open channels at design flow shall not be less than one-half foot per second and not greater than that velocity which will begin to cause erosion or scouring of the channel. For unlined earth channels, the maximum velocity allowed will be one and three-quarters feet per second. For other channels, sufficient design data and soil tests to determine the character of the channel shall be made by the developer and shall be made available to the planning board at the time of drainage review.

At transitions between closed conduits and open channels or different types of open channels, suitable provisions must be made to accommodate the velocity transitions. These provisions may include: riprapping, gabions, lining, aprons, chutes and checks, or others, all suitably detailed and approved as part of the final plat submission. For all flow of forty 40 cubic feet per second or more, tailwater depth and velocity calculations shall be submitted. In general, discharge velocities from closed conduits should not exceed six feet per second.

In general, the Manning formula will be used by the Township to review the adequacy of proposed drainage facilities. Other formulas may be used in particular cases with the previous agreement of the Township. A friction factor shall be determined using Table 7.2 Manning roughness coefficients from the current RSIS N.J.A.C. 7:21-7.2 or as amended.

(Reserved)

All encroachments of natural waterways must be referred to the New Jersey Department of Environmental Protection and Energy for approval in accordance with statute. The state may retain jurisdiction, in which case, a permit will be necessary as set forth above, or may refer the matter to the county engineer for review.

All nonpipe culverts shall be designed for AASHO H20-44 loading. All culverts of any type shall be carried to the roadway right-of-way and shall terminate with headwalls or other approved end treatment. All conduits terminating or beginning in open channels shall be provided with head walls or other appropriate end treatment.

Guardrails and/or railings shall be placed at all drainage structures where the interests of pedestrian or vehicular safety would dictate. The municipal agency may require that any open channel, other than naturally occurring streams, be fenced with chain link fencing 48 inches high if the banks of the channel are steeper than one foot vertically for every four feet horizontally and either the total depth of the channel exceeds four feet, or the channel would be expected to have a depth of flow greater than two feet more often than once every ten years. For maintenance purposes, gates may be required by the municipal agency at approximately 200 foot intervals.

Storm drainage systems shall be designed to include not only the proper drainage of the actual area of the specific development and the area tributary thereto but shall also include the disposal of the stormwater runoff to an adequate outlet or other means of final disposal of the stormwater, such as a river, running stream, or an existing adequate storm sewer.

The use of siltation and soil separation basins with controlled outflows will be required to prevent pollution of waterways when discharge is into a standing body of water.

Wherever sump conditions occur, overland drainage relief shall be provided to prevent flooding of buildings, driveways and other critical site areas in the event the drainage system becomes clogged or overloaded. Such overland drainage relief shall be provided at an elevation no higher than the lowest point of the roadway crown where streets are located in sump conditions.

Whenever sump conditions occur, an analysis shall be made of the effect of the occurrence of a major storm having 100 year return frequency. The effect of such storm and the flooding limits anticipated shall be shown. Site design, grading and drainage shall anticipate such major storm and be so arranged as to prevent damage to existing or proposed structures or adjacent properties under such conditions.

Special Drainage Provisions.

The existing system of natural drainage within each development shall be preserved to the maximum extent possible. To this end, the municipal agency may require the preservation of natural drainage swales, recharge areas, wet weather ponds and similar features and may require suitable drainage and conservation easements and possible increases in lot size to allow usable lots with the preservation of such features. Such features along with other nonstructure stormwater management strategies shall comply with the latest edition of the New Jersey Stormwater Best Management Practice Manual (NJDMT Manual).

Subject to review and approval of the municipal agency, the design of the development may be modified to take advantage of the natural drainage features of the land. In such review, the municipal agency will use the following criteria:

The utilization of the natural drainage system to the fullest extent possible.

The maintenance of the natural drainage system as much as possible in its unimproved state.

When drainage channels are required, wide shallow swales with natural vegetation will be preferred to other sections.

The construction of flow-retarding devices, detention areas and recharge berms (checks) to minimize runoff value increases.

Maintenance of the base flow in streams, reservoirs and ponds.

Stormwater Detention Facilities.

Stormwater facilities shall comply with the latest edition of the Residential Site Improvement Standards (RSIS); the Pinelands Municipal Stormwater Control Ordinance (if applicable); and N.J.A.C. 7:8 Subchapters 5 & 6.

If an individual on-site detention facility is not practical for a particular site, based on the recommendation of the Township engineer, the Plumsted Township Planning Board may require a payment toward the construction of a master drainage facility, or for the improvement of existing facilities downstream. The contribution required by the applicant shall be calculated by the Township engineer in accordance with Subsection 14-3.3b2(b)(2).

The pre-development curve numbers computed for the tract prior to any development shall be representative of good condition pastureland or good condition woodland.

Water Quality Control. Stormwater facilities shall comply with the latest edition of the Residential Site Improvement Standards (RSIS); the Pinelands Municipal Stormwater Control Ordinance (if applicable); and N.J.A.C. 7:8 Subchapters 5 & 6.

Recharge/Retention Facilities. Where soil conditions are acceptable and it is found that a recharge rate is satisfactory for subsurface recharge, a recharge basin may be constructed in order to reduce the volume of post development runoff. In designing the recharge basin, the volume of water recharge into the ground may be subtracted from the total design runoff volume to obtain the storage volume required for retention. Where recharge basins are proposed, the following data and standards shall be required:

Soil Borings. At least two borings or test pits per acre of basin storage area shall be required, along with two permeability tests certified by the applicant's engineer.

Groundwater. The bottom of the proposed recharge basin shall be at least two feet above the seasonally high water table. The seasonal high water table shall be established by a qualified individual and appropriate information supporting the determination submitted to the Township engineer.

Impervious Layers. The bottom of the recharge structure shall be at least four feet above any impervious soil formation found in the soil logs. If an impervious layer is encountered, this layer may be excavated in order to provide adequate recharge.

Sediment Traps. Before entering any subsurface recharge system, sediment shall be removed from all inflowing stormwater to the maximum extent practicable.

All retention basin systems approved by the Township shall require written assurance that future maintenance of the recharge system shall be the responsibility of the property owner, homeowner's association, or other responsible party.

Detention Basin and Recharge/Retention Basin Design Standards.

Basin outlet pipes should be at least 18 inches in diameter to minimize the chance of clogging and facilitate cleaning.

Anti-seep collars shall be installed along basin outlet pipes.

Riser-type outlet structures shall provide a light weight frame and grate over the top of the structure.

Inlet orifices for outlet structures which are located at or within two feet of the basin bottom shall be provided with hinged trash racks.

Reinforced concrete low-flow channels having a longitudinal slope of at least .50 percent shall be located at the bottom of detention basin between the inlet pipes and the outlet structure. The low-flow channels shall be at least four feet wide, six inches in depth and four inches thick. Underdrains connected to the basin outlet structure shall be constructed below the low flow channel where feasible.

Detention basins should have a minimum bottom slope of two percent.

Basin side slopes and the downstream side slopes of basin berms shall not be greater than four horizontal to one vertical. Where feasible, side slopes of five horizontal to one vertical or less, should be utilized.

In the event that the Township engineer and municipal agency approves a basin having side slopes greater than four horizontal to one vertical, maintenance-free ground cover, other than grass, shall be utilized for the side slopes. The utilization of gabions or decorative structural embankments may also be acceptable in special cases.

All basin berms shall have a top width of not less than ten feet. Basin berms in excess of three feet in height shall be provided with impervious cut-off trenches.

The bottom of all basins shall be at least two feet above the seasonal high water table.

All basins shall provide an access ramp having a longitudinal slope no greater than eight horizontal to one vertical to facilitate maintenance of the basin bottom.

All basins shall be provided with an emergency spillway at an elevation at least one foot above the maximum design water elevation in the basin. The top of basin berms shall be at least one foot above the emergency spillway.

In the event that the Township engineer and the municipal agency approve a detention or retention facility with a permanent pool, this determination should be based upon evidence submitted by the applicant supporting the site's ability to adequately support a viable permanent pool. The design should account for such factors as the required rate and quality of dry weather inflow, the quality of stormwater inflow, seasonal and longer term variations in the groundwater table, and the effects of expected sediment loading. The Division of Fish, Game and Wildlife of the N.J. Department of Environmental Protection and Energy should be consulted during the facility's design for information regarding the establishment of a suitable habitat for fish and other aquatic life.

Where required, an impermeable liner should be installed to maintain a permanent pool.

Safety ledges shall be constructed on the side slopes of all basins having a permanent pool of water. The ledges shall be four to six feet in width and located approximately two and one-half to three feet below and one to one and one-half feet above the permanent water surface.

Upon completion of the detention or recharge facility, the applicant shall be required to landscape the bottom, side slopes and top of the proposed drainage facility. Said landscaping shall be subject to approval by the Plumsted Township Planning Board.

Detention Basin and Recharge/Retention Basin Maintenance.

A private property owner, homeowner's association or other responsible party which is to maintain detention facilities, recharge facilities and stormwater system shall submit a maintenance schedule for approval by the Plumsted Township Planning Board.

When a detention or recharge facility is considered vital to the water quality policies of the Township, and it is in the best interest of the Township to do so, future maintenance responsibility of the detention or recharge facility may be assumed by the Township given the following conditions:

The design and operation of the detention of recharge facility has been approved by the Township engineer.

A permit, if required, has been obtained from the New Jersey Department of Environmental Protection and Energy, Division of Water Resources for the proposed detention or recharge facility.

The Township engineer shall receive certification by the applicant's engineer that the facility has been built in accordance with the plans and specifications of the approved development plans, and that as-built construction plans for the drainage facility have been submitted to the Township.

§ 14-7.4.1 Stormwater Control.

[Ord. #2006-34, §§ 1—13; amended 9-2-2020 by Ord. No. 2020-08]

Scope and purpose.

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.

Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection b.

Applicability.

This section shall be applicable to the following major developments:

Nonresidential major developments; and

Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21

CAFRA CENTERS, CORES OR NODES

This section shall also be applicable to all major developments undertaken by Township of Plumsted.

Compatibility with other permit and ordinance requirements.

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.

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.

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.

CAFRA PLANNING MAP

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).

COMMUNITY BASIN

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

COMPACTION

The increase in soil bulk density.

CONTRIBUTORY DRAINAGE AREA

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

CORE

A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY

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 ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

DEPARTMENT

The Department of Environmental Protection.

DESIGN ENGINEER

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

DESIGNATED CENTER

A State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlarge-enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

In the case of development of agricultural land, "development" shall mean 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. 4:1C1 et seq.

DISTURBANCE

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

DRAINAGE AREA

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

EMPOWERMENT NEIGHBORHOODS

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.

ENVIRONMENTALLY CONSTRAINED AREA

The following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

ENVIRONMENTALLY CRITICAL AREA

An area or feature which is of significant environmental value, including but not limited to: stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

EROSION

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

GREEN INFRASTRUCTURE

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

Treating stormwater runoff through infiltration into subsoil;

Treating stormwater runoff through filtration by vegetation or soil; or

Storing stormwater runoff for reuse.

HUC 14 or HYDROLOGIC UNIT CODE 14

An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a 14-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

IMPERVIOUS SURFACE

A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

INFILTRATION

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

LEAD PLANNING AGENCY

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.

MAJOR DEVELOPMENT

An individual development, as well as multiple developments, that individually or collectively result in:

The disturbance of one or more acres of land since February 2, 2004;

The creation of one-quarter acre or more of regulated impervious surface since February 2, 2004;

The creation of one-quarter acre or more of regulated motor vehicle surface since the effective date of this section; or

A combination of Subsections 2 and 3 above that totals an area of one-quarter acre or more. The same surface shall not be counted twice when determining if the combination area equals one-quarter acre or more.

Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsections 1, 2, 3, or 4 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."

NOTE: The definition of major development above aligns with the definition at N.J.A.C. 7:8-1.2 and is recommended for consistency. Alternatively, a municipality may adopt the following definition, which is the minimum standard required. Municipalities that have already adopted the definition at N.J.A.C. 7:8-1.2 or another definition that goes beyond the minimum requirement should not reduce the stringency of their definition by adopting the minimum standard.

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 result in the disturbance of one or more acres of land since February 2, 2004. 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."

Additionally, individual municipalities may define major development with a smaller area of disturbance, a smaller area of regulated impervious or motor vehicle surface, or both.

MOTOR VEHICLE

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

MOTOR VEHICLE SURFACE

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

MUNICIPALITY

Any city, borough, town, township, or village.

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

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 d6 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 chapter.

NODE

An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

NUTRIENT

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

PERSON

Any individual, corporation, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.

POLLUTANT

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

RECHARGE

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

REGULATED IMPERVIOUS SURFACE

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.

REGULATED MOTOR VEHICLE SURFACE

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.

SEDIMENT

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

SITE

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

SOIL

All unconsolidated mineral and organic material of any origin.

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)

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.

STATE PLAN POLICY MAP

The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.

STORMWATER

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

STORMWATER MANAGEMENT BMP

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

STORMWATER MANAGEMENT MEASURE

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

STORMWATER MANAGEMENT PLANNING AGENCY

A public body authorized by legislation to prepare stormwater management plans.

STORMWATER MANAGEMENT PLANNING AREA

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.

STORMWATER RUNOFF

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

TIDAL FLOOD HAZARD AREA

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.

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD

A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.

URBAN ENTERPRISE ZONES

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.

URBAN REDEVELOPMENT AREA

Previously developed portions of areas:

Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;

Designated as CAFRA Centers, Cores or Nodes;

Designated as Urban Enterprise Zones; and

Designated as Urban Coordinating Council Empowerment Neighborhoods.

WATER CONTROL STRUCTURE

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.

WATERS OF THE STATE

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.

WETLANDS or WETLAND

An area that is inundated or saturated by surface water or ground water 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.

Design and performance standards for stormwater management measures.

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:

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.

The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.

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.

Note: Alternative standards shall provide at least as much protection from stormwater-related loss of groundwater recharge, stormwater quantity and water quality impacts of major development projects as would be provided under the standards in N.J.A.C. 7:8-5.

Stormwater management requirements for major development.

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.

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).

The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection d16, 17 and 18:

The construction of an underground utility line provided that the disturbed areas are revegetated upon completion;

The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable; and

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.

A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection d15, 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:

The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;

The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of Subsection d15, 16, 17 and 18 to the maximum extent practicable;

The applicant demonstrates that, in order to meet the requirements of Subsection d15, 16, 17 and 18, existing structures currently in use, such as homes and buildings, would need to be condemned; and

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 d4(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection d15, 16, 17 and 18 that were not achievable on site.

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 d15, 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.

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 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	—

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

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 d15(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.

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 f2. Alternative stormwater management measures may be used to satisfy the requirements at Subsection d15 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 d15(b) are subject to the contributory drainage area limitation specified at Subsection d15(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 d15(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 d4 is granted from Subsection d15.

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.

Design standards for stormwater management measures are as follows:

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);

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 h3;

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;

Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection h; and

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.

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 d15(d).

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 Subsection d15, 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" shall mean 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.

If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection d16, 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.

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 Ocean 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 d15, 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 j2(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.

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 Ocean 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 d13 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 d13 above.

Green infrastructure standards.

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.

To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection d16 and 17, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection d6 and/or an alternative stormwater management measure approved in accordance with Subsection d7. 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

To satisfy the stormwater runoff quantity standards at Subsection d18, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Subsection d7.

If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection d4 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 d7 may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection d16, 17 and 18.

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 d16, 17 and 18, unless the project is granted a waiver from strict compliance in accordance with Subsection d4.

Groundwater recharge standards.

This subsection contains the minimum design and performance standards for groundwater recharge as follows:

The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection e, either:

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

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.

This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or to projects subject to Subsection d16(d) below.

The following types of stormwater shall not be recharged:

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 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

Industrial stormwater exposed to source material. "Source material" shall mean 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.

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.

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:

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.

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.

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 d17(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.

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.

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 - (AxB)/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.

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 d16, 17 and 18.

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.

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.

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.

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.

This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.

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:

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;

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;

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

In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection d18(b)(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.

The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.

Calculation of stormwater runoff and groundwater recharge.

Stormwater runoff shall be calculated in accordance with the following:

The design engineer shall calculate runoff using one of the following methods:

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/stelprd b1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or

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/2014NJSoilErosionControlSt andardsComplete.pdf.

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 e1(a)(1) and the Rational and Modified Rational Methods at Subsection e1(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 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).

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.

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.

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.

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.

Sources for technical guidance.

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.

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.

Additional maintenance guidance is available on the Department's website at: https://www.njstormwater.org/maintenance_guidance.htm.

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.

Solids and floatable materials control standards.

Site design features identified under Subsection d6 above, or alternative designs in accordance with Subsection d7 above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" shall mean sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection g1(b) below.

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:

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

A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inch across the smallest dimension.

Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.

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.

The standard in Subsection g1(a) above does not apply:

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;

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;

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 (4.625) inches long and 1 1/2 (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 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].

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

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.

Safety standards for stormwater management basins.

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.

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 h3(a), (b), and (c) for trash racks, overflow grates, and escape provisions at outlet structures.

Requirements for trash racks, overflow grates and escape provisions.

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:

The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;

The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;

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

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.

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:

The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.

The overflow grate spacing shall be no less than two inches across the smallest dimension.

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.

Stormwater management BMPs shall include escape provisions as follows:

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 h3, a freestanding outlet structure may be exempted from this requirement;

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 h5 for an illustration of safety ledges in a stormwater management BMP; and

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.

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.

Safety ledge illustration.

Elevation View - Basin Safety Ledge Configuration

014 Basin Safety Ledge Configuration .tif

Requirements for a site development stormwater plan.

Submission of site development stormwater plan.

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 i3 below as part of the submission of the application for approval.

The applicant shall demonstrate that the project meets the standards set forth in this section.

The applicant shall submit three copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection i3 of this section.

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.

Submission of site development stormwater plan. The following information shall be required:

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 manmade features not otherwise shown.

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.

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.

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.

Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

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.

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.

Calculations.

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.

When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.

Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection j.

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 i3(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.

Maintenance and repair.

Applicability. Projects subject to review as in Subsection a3 of this section shall comply with the requirements of Subsection j2 and 3.

General maintenance.

The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.

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.

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.

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.

If the party responsible for maintenance identified under Subsection j2(c) above is not a public agency, the maintenance plan and any future revisions based on Subsection j2(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.

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 nonvegetated linings.

The party responsible for maintenance identified under Subsection j2(c) above shall perform all of the following requirements:

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;

Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and

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 j2(f) and (g) above.

The requirements of Subsection j2(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.

Note: It may be appropriate to delete requirements in the maintenance and repair plan that are not applicable if the ordinance requires the facility to be dedicated to the municipality. If the municipality does not want to take this responsibility, the ordinance should require the posting of a two year maintenance guarantee in accordance with N.J.S.A. 40:55D-53. Maintenance and inspection guidance can be found on the Department's website at: https://www.njstormwater.org/maintenance_guidance.htm.

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.

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.

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:

For any and every violation for the provisions of this chapter, the owner, contractor, or other person interested as lessee, tenant or otherwise, in any building or premises where such violation has been committed or shall exist, and who refuses to abate the violation within five days after written notice has been served upon him by the municipal official or police officer, either by registered mail or by personal service, shall for each and every violation be subject to upon conviction thereof, be punished by a fine of not more than $1,250, by imprisonment for a term of not more than 90 days, or any combination of fine, imprisonment and community service as determined by the municipal court judge. Each and every day that such violation continues after such notice, shall be considered a separate and specific violation of this section.

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

§ 14-7.5 Easements.

[Ord. #85A, § 7.05; Ord. #92-13]

General. Easement shall be provided for all natural drainage ways and all utility lines when such utility line or lines does not fall within a dedicated right-of-way. All easements shall be plotted on the preliminary and final plat. A clause shall be inserted in the deed of each lot affected by an easement, specifically reserving the easement. A clause shall be inserted in the deed of each lot affected by the easement describing the easement and setting forth all rights, terms and conditions of the easement, specifically reserving the easement.

Minimum Easement Width. Except as further required by this section, easement shall have a minimum width of 20 feet.

Drainage Ways. Where a subdivision is traversed by a drainage way, channel or stream, a drainage way easement conforming substantially with the lines on such water course shall be provided. The easement shall be a minimum of 20 feet wide or such width as will be adequate to preserve natural drainage and provide sufficient width for maintenance. Where it is found that additional easement width is needed, such width shall be determined by the Township engineer.

Easement Location. To the fullest extent possible, easements shall be centered on, or adjacent to, rear or side lot lines.

Easement and Lot Sizes. In specific cases where lots front or side easements, the planning board may require the depth or width of the affected lots to be increased by the width of the easement. This determination shall take into consideration the health, safety and welfare of the future residents of the lots as well as the usefulness of the lots by the future residents as a result of the easement.

§ 14-7.6 Public Sites and Recreation Facilities.

[Ord. #85A, § 7.06; Ord. #92-13; Ord. #2004-07, § 1]

Any land development within Plumsted Township will require the developer to post a five hundred ($500) dollar recreation contribution for each newly created residential lot, or five hundred ($500) dollars for each residential dwelling unit when more than one (1) dwelling unit exists per lot. Said recreation contribution must be posted with the Township Treasurer in the Plumsted Township Recreation Fund prior to the signing of the final map.

§ 14-7.7 Preservation of Natural Resources.

[Ord. #85A, § 7.07; Ord. 3/3/88 §§ X, X(SI); Ord. #92-13; Ord. #97-01, § 2; Ord. #2006-13, § 1]

Topsoil Protection. Topsoil moved during the course of construction shall be redistributed to all areas of the subdivision which are not covered by structures, paving, or to be left natural and shall be stabilized by seeding or planting. At no time shall topsoil be removed from the site without written permission from the planning board.

Existing Trees. To the fullest extent possible, existing trees shall be preserved by the developer. Special consideration shall be given to the layout of lots and the position of dwelling on lots to insure that existing trees are preserved. Special precautions shall also be taken to protect existing trees during the process of grading lots and roads.

Water Courses. Where a subdivision is traversed by a natural lake, pond, or stream, the boundaries or alignment of the water course shall be preserved and shall conform substantially with the natural alignment of boundary.

Unique Physical Features. Unique physical features such as historic landmarks, lookouts and similar features of natural beauty or critical ecological function shall be preserved to the fullest extent possible. The planning board may, after proper investigation, withhold approval of the lotting of such area.

Buffer Areas and Screening.

Buffer Areas. Buffer areas must be provided in all zones for all uses with the exception that buffer areas shall not be required on property utilized for single family detached residential dwellings on individual lots, when the adjacent property is utilized for single family detached residential dwellings.

The width of the buffer area shall be a minimum of 50 feet. The planning board may, at its sole discretion, require buffers larger than 50 feet.

In the case of a home professional office, or a home occupation, the planning board shall consider the need for a buffer area and may require that buffer areas of 50 feet in width be provided along side and rear property lines adjacent to such accessory use and/or off-street parking necessary as a result of such accessory use.

If a proposed single-family detached subdivision abuts a minor or major collector or principal arterial, or an area zoned for or occupied by other uses, including an active farm, the planning board shall require:

That a buffer strip at least 50 feet in width be provided and maintained in its natural state and/or suitably planted with screening and landscaping, and/or;

That the adjacent lots front on an interior street and have a depth of at least 200 feet with suitable screening and landscaping planted at the rear, or;

That other means of separation be provided which meet the intent of this ordinance, and are approved by the planning board.

Buffer areas shall be maintained and kept free of all debris, rubbish, weeds and tall grass.

Within any buffer area, no use, building, structure, activity, storage of material, or parking of vehicles shall be located, constructed, placed, erected, assembled, or conducted.

Screening. Within any buffer area required by Subsection e1 above, screening shall be provided in accordance with the following regulations:

Location.

The location of screening within buffer areas wider than 50 feet shall be arranged in order to provide maximum protection to adjacent properties and to avoid damage to or interference within desirable existing plant materials and shall be subject to approval by the planning board.

Those portions of a buffer area not included within the screening strip shall either contain existing vegetation approved by the planning board and/or be planted with trees and shrubs in accordance with a landscaping plan approved by the planning board.

The screening area shall be a minimum of 20 feet in width, shall be planted with evergreen trees, and shall be approved by the Plumsted Township Planning Board. The planning board, at its sole discretion, may require screening areas wider than 20 feet. Trees shall conform to the current American Standard For Nursery Stock sponsored by the American Association of Nurserymen, Inc.

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 residentially zoned properties. 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 residentially zoned property, the Planning Board 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 at 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 residentially zoned property, the planning board may permit the height of trees planted in the required screening strips to be decreased by an amount equal to one-half the difference in elevation, except that in no case shall the required height be reduced to less than four feet.

At the following locations within required screening areas, shrubs with a maximum mature height of 30 inches or less, approved by the Plumsted Township Planning Board as to type, location and spacing, shall be provided:

Within sight triangle easements.

Within 25 feet of intersections where sight triangle easements are not provided.

Within 25 feet of access drives.

Landscaping Plan. The placement of landscaping shall be in accordance with the Plumsted Township design regulations manual for landscaping. All landscaping proposals must be submitted and approved by the planning board prior to the execution of the final plat. In the Pinelands area, landscaping plans shall incorporate the elements set forth in § 15-14.21b4 of Chapter 15 of the Plumsted Township Code.

Steep Slopes. Development on steep slopes shall be discouraged, unless their use is essential to a reasonable use of the site. If partial development of steep slopes meets that standard, then the development shall comply with all of the following:

Produce minimum feasible site disturbance;

Provide for maximum feasible vegetation of the steep slope, especially with native woody vegetation;

Be consistent with the natural contour of the site to the maximum extent feasible;

Include limited stabilization measures, if necessary, such as terracing, that are consistent with the natural or pre-development character of the entire site, to the maximum extent practicable; and

Meets applicable standard adopted by the Ocean County Soil Conservation District pursuant to the Soil and Sediment Control Act (N.J.S.A. 4:24-39 et seq.)

Fencing of Lands Abutting Residential — Agricultural Zones and Uses. All development applications three lots or greater pertaining to lands which abut lands which are being devoted to active agricultural purposes shall, as part of the designed standards hereby required, provide for the installation on the lands being developed and immediately adjacent to the adjoining lands, a six foot cyclone chain-link fence to be erected along the common boundary the entire length thereof. The fence shall be knuckled top and bottom, have a top rail and set flush with the ground one and one-half feet inside the property line.

The fence shall be constructed prior to any construction activity on site. The provisions of this requirement may, in whole or in part, be waived by the Land Use Board where the developer demonstrates that topography or proposed layout of the development plan and the intended uses thereon will not present a danger to the adjoining land owner or to the unwary who may be hurt or injured by pesticides or farm equipment being utilized or which may reasonably be utilized in conjunction with the agricultural uses permitted.

The weight of the mesh as well as the location of any gates or fence supports, piping or struts shall be delineated on the development plan for which approval is being sought.

Maintenance.

The owner of any lands upon which fencing has been installed by virtue of development applications approved subsequent to the adoption of the ordinance codified in this subsection shall be responsible for the maintenance of the fence and lands between the fence and the property line unless designated.

Should the owner of any lands be found to be in violation of the ordinance codified in this subsection, the municipal court of Plumsted Township may impose such fines, penalties, or other impositions as may then be permitted by statute or rule of court.

§ 14-7.7A RESOURCE CONSERVATION AND GREENWAY DELINEATION STANDARDS.

§ 14-7.7A.1 Applicability.

[Ord. #2007-02, § VI]

The standards for resource conservation, as set forth in this section, shall apply to all areas in the municipality. The standards for Greenway delineation shall apply to where common open space is required.

§ 14-7.7A.2 Planning and Design Standards.

[Ord. #2007-02, § VI]

General Standards to Minimize Adverse Impacts. All subdivisions and land developments shall avoid or minimize adverse impacts on the municipality's natural, cultural and historic resources, as defined below.

Groundwater Resources. This section is intended to ensure that the municipality's limited groundwater resources are protected for purposes of providing water supplies for its residents and businesses, and to protect the base flow of the municipality's surface waters. These regulations shall be applied in conjunction with those provided for in other sections of this chapter, dealing with groundwater conservation and replenishment.

For proposed subdivision and land development of any tract shall be designed to cause the least practicable disturbance to natural infiltration and percolation of precipitation to the groundwater table, through careful planning of vegetation and land disturbance activities, and the placement of streets, buildings and other impervious surfaces in locations other than those identified on the Natural Resources and Site Analysis Plan as having the greatest permeability where precipitation is most likely to infiltrate and recharge the groundwater.

Stream Valleys, Swales, Springs, and Other Lowland Areas. The municipality's Conservation Element describes and maps stream valleys (which include stream channels and flood plains), swales, springs and other lowland areas as resources that warrant restrictive land use controls because of flooding hazards to human life and property, their groundwater recharge functions, their importance to water quality and the health of aquatic communities, and their wildlife habitats. They are generally poorly suited for on-site subsurface sewage disposal systems.

The following activities shall be minimized:

Disturbance to streams and drainage swales.

Disturbance to year-round wetlands, areas with seasonally high water tables, and areas of surface water concentration.

Because of their extreme limitations, stream valleys, swales and other lowland areas warrant designation as greenway lands. They may also require adjoining buffer lands to be included in the Greenway, to be determined by an analysis of the protection requirements of such areas on a case-by-case basis. In certain instances, seasonal high water table soils may be excluded from the Greenway where it can be demonstrated that they are suitable for low density residential uses and conventional on-site sewage systems.

Woodlands. The provisions of § 14-3A shall apply.

Upland Rural-Agricultural Areas. These areas include but are not limited to fields, pastures, meadows, copses and former agricultural areas in early stages of woodlands succession. These comprise the municipality's historic working landscape, dotted with historic houses, barns and other structures. They give the municipality much of its rural character. They also contain the greatest concentration of prime agricultural soils. Because of their openness and high visibility, development in these areas is likely to be most readily seen and disruptive to the historic landscape. They sometimes provide habitat for wildlife, in conjunction with nearby woodlands and stream valleys. However, it is recognized that these areas also frequently offer the fewest constraints for development.

Several elements of these working landscapes lend themselves to incorporation into the municipality's Greenway network. These include prime agricultural soils and natural features that visually punctuate the landscape, such as hedgerows, tree copses, stone walls, and visually prominent places such as knolls and hilltops.

These areas can also accommodate development, with preferred locations being the non-prime agricultural soils and lower topographic settings where development will be visually less obtrusive. Compact clustered residential designs, with coordinated architectural and landscape architectural themes, are encouraged in highly visible locations where future development cannot be avoided (such as at the far edge of open fields).

Slopes.

Statement of Intent. In expansion of the purposes stated in § 15-1 of Chapter 15 — Zoning, of the Plumsted Code, it is the intent of this paragraph to provide reasonable controls governing the conservation of steep slopes in conformance with the goals and recommendations of the Conservation Element of the Plumsted Master Plan. The specific intent of this paragraph is to minimize danger to public safety and health by minimizing disturbance to slopes, which can result in increased stormwater runoff, erosion, sedimentation and siltation of nearby streams, downstream flooding, and decreased stability of the slope itself, which can lead to slope collapse.

Designation of Areas. Steep slope areas shall include all areas in the Township in which the slope is 15 percent or greater, as indicated on the current topographic maps of the US Geological Survey, and also shown on the Steep Slope Map of the Conservation Element of the Master Plan, 2003.

Slope Disturbance Standards. Slopes of 20 percent or greater shall not be altered, regraded, cleared, built upon or otherwise disturbed unless such disturbance is necessary:

To accommodate an access road when no other feasible route for such an access road exists and if the slope is disturbed to the minimum extent necessary to accommodate such a road; or

To accommodate a trail or trails that are part of an existing or planned trail network and are located and constructed based on accepted best management practices for minimizing erosion.

In no case shall more than 15 percent of land with slopes of 20 percent or greater be disturbed.

No more than 30 percent of slopes 15 percent or greater but less than 20 percent shall be altered, regraded, cleared, built upon, or otherwise disturbed.

All buildings and foundations shall be set back a minimum of 50 feet from the top of any slope of 20 percent or greater that has a grade differential from top to bottom of at least ten feet.

Any parcels covered completely by steep slopes at the time of the adoption of this paragraph may be disturbed in a minimum amount necessary to provide for reasonable use of the property.[1]

[1]

Editor's Note: Ordinance No. 2007-02, a portion of which is codified herein as Subsection f, was adopted February 7, 2002.

Significant Natural Areas and Features. Natural areas containing rare or endangered plants and animals, as well as other features of natural significance exist throughout the municipality. Some of these have been carefully documented, e.g., as Natural Heritage Priority Sites or in the Landscape Project, whereas for others, only their general locations are known. Subdivision applicants shall take all reasonable measures to protect significant natural areas and features either identified by the municipality's Map of Potential Conservation Lands, identified in the Plumsted Township Conservation Element.

Historic Structures and Sites. The municipality's documented archaeological and historical resources begin with Native Americans and extend through its colonial agricultural, residential and industrial development in the late 18th and 19th centuries.

All subdivisions and land developments shall comply with the Historic Preservation Standards.

Plans requiring subdivision and land development approval shall be designed to protect existing historic resources of all classes. The protection of an existing historic resource shall include the conservation of the landscape immediately associated with and significant to that resource, to preserve its historic context. Where, in the opinion of the board, a plan will have an impact upon an historic resource, the developer shall mitigate that impact to the satisfaction of the board by modifying the design, relocating proposed lot lines, providing landscape buffers, or other approved means.

Historic Rural Road Corridors and Scenic Viewsheds. The municipality's Scenic Viewshed Ordinance identifies a number of historic rural roads in various parts of the municipality. All applications for subdivision and land development shall attempt to preserve the scenic visual corridors along such roads by incorporating them into Greenway areas or otherwise providing for building setbacks and architectural designs to minimize their intrusion. In instances, where such designs fail to satisfactorily protect corridors, applicants will be required to provide naturalistic landscape buffers to minimize their adverse visual impacts. The species specified for such buffers shall be selected on the basis of an inventory of tree and shrub species found in existing hedgerows and along wooded roadside edges in the vicinity of the development proposal.

Trails.

When a subdivision or land development proposal is traversed by or abuts an existing trail, sand or drift road customarily used by pedestrians and/or equestrians, the land use board may require the applicant to make provisions for continued recreational use of the trail.

The applicant may alter the course of the trail within the tract for which development is proposed under the following conditions:

The points at which the trail enters and exits the tract remain unchanged.

The proposed alteration exhibits quality trail design according to generally accepted principles of landscape architecture.

The proposed alteration does not coincide with a paved road intended for use by motorized vehicles, except for police and emergency response vehicles.

When trails are intended for public or private use, they shall be protected by a permanent conservation easement on the properties on which they are located. The width of the protected area in which the trail is located should be a minimum of ten feet. The language of the conservation easement shall be to the satisfaction of the Township committee upon recommendation of the Township attorney.

The land area permanently designated for trails for public use may be credited toward the greenway land requirement.

An applicant may propose and develop a new trail. If said trail is available for use by the general public and connects with an existing trail, the land area protected for said trail may be credited toward the open space requirement.

Trail improvements shall demonstrate adherence to principles of quality trail design.

Trails shall have a vertical clearance of no less than ten feet.

Width of the trail surface may vary depending upon type of use to be accommodated, but in no case shall be less than three feet or greater than six feet.

§ 14-7.7A.3 Greenway Design Review Standards.

[Ord. #2007-02, § VI]

Design Considerations. The configuration of proposed greenway lands set aside for common use in residential subdivisions shall comply with the following standards:

They shall be consistent with the municipality's Master Plan and its Conservation Element, especially Map 16 of the Conservation Element, which designates proposed greenways, trails, and proposed farmland areas.

They shall be free of all structures, except pre-existing associated buildings specifically needed to support an active, viable agricultural or horticultural operation, existing residences; historic buildings, stone walls, and structures related to Greenway uses. The land use board may grant approval of structures and improvements required for storm drainage, sewage treatment and water supply within the Greenway provided that such facilities would not be detrimental to the Greenway (and that the acreage of lands required for such uses is not credited towards minimum Greenway acreage requirements for the tract, unless the land they occupy is appropriate for passive recreational use).

They shall generally not include parcels smaller than three acres, have a length-to-width ratio of less than 4:1, or be less than 75 feet in width, except for such lands specifically designed as neighborhood greens, playing fields or trail links.

They shall be directly accessible to the largest practicable number of lots within the subdivision. Nonadjoining lots shall be provided with safe and convenient pedestrian access to Greenway land.

They shall be suitable for active recreational uses to the extent deemed necessary by the land use board, without interfering with adjacent dwelling units, parking, driveways, and roads.

They shall be interconnected wherever possible to provide a continuous network of Greenway lands within and adjoining the subdivision.

They shall provide buffers to adjoining parks, preserves or other protected lands.

Except in those cases where part of the greenway is located within private houselots, they shall provide for pedestrian pathways for use by the residents of the subdivision. Consideration shall be given to providing for public access on such trails if they are linked to other publicly-accessible pathway systems within the municipality. Provisions should be made for access to the Greenway lands, as required for land management and emergency purposes.

They shall be undivided by public or private streets, except where necessary for proper traffic circulation.

They shall be suitably landscaped either by retaining existing natural cover and wooded areas and/or according to a landscaping plan to protect Greenway resources.

They shall be made subject to such agreement with the municipality and such conservation easements duly recorded in the office of the county recorder of deeds as may be required by the land use board for the purpose of preserving the common open space for such uses.

§ 14-7.7A.4 Resource Conservation Standards for Site Preparation and Cleanup.

[Ord. #2007-02, § VI]

Conservation Practices During Site Preparation and Cleanup.

Protection of Vegetation from Mechanical Injury. Where earthwork, grading, or construction activities will take place in or adjacent to woodlands, old fields or other significant vegetation or site features, the land use board shall require that the limit of disturbance be delineated and vegetation protected through installation of temporary fencing or other approved measures. Such fencing shall be installed at the drip line from any existing trees or vegetation, at least five feet from the fence line, prior to commencing of and shall be maintained throughout the period of construction activity.

Protection of Vegetation from Grading Change. Grade changes to occur at any location of the property shall not result in an alteration to soil or drainage conditions which would adversely affect existing vegetation to be retained following site disturbance, unless adequate provisions are made to protect such vegetation and its root systems.

Protection of Vegetation from Excavations.

When digging trenches for utility lines or similar uses, disturbances to the root zones of all woody vegetation shall be minimized.

If trenches must be excavated in the root zone, all disturbed roots shall be cut as cleanly as possible. The trench shall be backfilled as quickly as possible.

Protection of Topsoil.

No topsoil shall be removed from the site.

Prior to grading operations or excavation, topsoil in the area to be disturbed shall be removed and stored on site.

Topsoil removed shall be redistributed and stabilized as quickly as possible following the establishment of required grades for a project or project phase. All disturbed areas shall be redistributed with a minimum of four inches of topsoil. All exposed earth surfaces shall be stabilized by hydroseeding on slopes of less than ten percent, and by sodding, hydroseeding, or rip-rap on slopes exceeding ten percent.

APPLICATION FOR DEVELOPMENT

Grading and earthmoving operations shall be scheduled to minimize site disturbance during the period from November 1 to April 1, when revegetation of exposed ground is difficult.

§ 14-8 CONSTRUCTION SPECIFICATIONS.

§ 14-8.1 General Specifications.

[Ord. #85A, § 8.01; Ord. #92-13]

Unless otherwise specified by the Township, all work shall be performed in accordance with "New Jersey State Highway Department Standard Specifications for Road and Bridge Construction 1989" or later revision, and "Standard Subdivision Improvements Specifications of Plumsted," as adopted by the Township committee. 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.

§ 14-9 ACCEPTANCE OF IMPROVEMENTS.

§ 14-9.1 Purpose and Intent.

[Ord. #85A, § 9.01]

Upon completion of all required subdivision improvements, the developer may request the Township to accept the improvements for maintenance and release all performance guarantees.

§ 14-9.2 Procedure.

[Ord. #85A, § 9.02; Ord. #92-13]

Request for acceptance of improvements and release of performance guarantees shall be made in writing to the Township committee with a copy sent directly to the Township engineer. Accompanying said request shall be a statement from the developer's engineer that he has inspected all improvements and in his opinion are in satisfactory condition to be accepted by the Township.

Upon notice of request for acceptance, the Township engineer shall make or cause to be made a final inspection of the improvements. Those improvements not in acceptable condition shall be reported to the developer in writing for correction, repair or replacement. Upon receipt from the developer's engineer a report that the necessary correction, repair or replacements have been accomplished, the Township engineer shall reinspect the improvements.

Prior to the Township engineer making his final report and recommendations to the Township committee, the developer will supply as-built plans, signed and sealed by a licensed New Jersey professional engineer showing surface grading including major lot gradings, building finished floor grades and curb and gutter grades, together with horizontal and vertical location of underground facilities. Manholes, inlets and other such appurtenances together with sidewalks and curbs shall be shown in true location and grade. The as-built plans shall be submitted on reproducible media.

The developer shall furnish a maintenance bond in a form acceptable to the Township in the amount of 15 percent of the total improvement cost estimate for a period of two years.

§ 14-9.3 Action by the Township Committee.

[Ord. #85A, § 9.03]

After all of the requirements of Subsection 14-9.2 are complied with, the Township committee may accept the improvements for maintenance and release the performance bonds.

§ 14-9.4 Tax Map Modification.

[Ord. #92-13; Ord. #2010-09]

The creation of each new lot within the Township of Plumsted shall be assessed a one hundred ($100) dollar fee to offset the cost of amending the Township tax map. The creation of any new streets within the Township shall be assessed a fee of twenty ($.20) cents per linear foot.

For deeds filed at the County of Ocean, other than new lots created, requiring amendments to the Plumsted Township Tax Maps there shall be assessed an amendment fee of one hundred ($100) dollars per deed or subdivided lot to offset the cost of amending the Township tax map.

§ 14-9.5 Illegal Dumping Notice.

[Ord. #92-13]

Prior to the issuance of any building permits, a notice must be posted on vacant land to clearly inform the public of the penalties for illegal dumping pursuant to Title 13 of the New Jersey Statutes. Developer must post a minimum of one notice per each 500 linear feet of road frontage.

§ 14-10 DEFINITIONS.

[Ord. #85A, § 10.01; Ord. #91A; Ord. 5/12/80, § 1; Ord. 3/3/88, § XI; Ord. #92-13; Ord. #97-05, § 1; Ord. #2011-03, § 3]

As used in this chapter:

ADMINISTRATIVE OFFICER

Shall mean the engineer.

Shall mean the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to Section 25 or Section 27 of P.L. 1975, c.291 (C.40:55D-34 or C.40:55D-36).

ACCOMPANYING DOCUMENTS

Shall include but not be limited to submission of application, checklists, application fees and escrow fees, calculations and reports, Environmental Impact Statements, environmental questionnaires, waiver requests, plans, surveys and all else required.

BLOCK

Shall mean that area along one side of a street located between and on the same side of two intersecting or connecting streets. Corner lots shall be included even though the residence fronts or is intended to front on another street.

BOARD

Shall mean the planning board of the Township of Plumsted in the County of Ocean.

BUFFER

Shall mean an area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences, and/or berms, designed to continuously limit the view of and/or sound from the site to adjacent sites or properties.

CARTWAY OR ROADWAY

Shall mean that part of the street between curbs.

CHAIRMAN

Shall mean the chairman of the board.

CLERK

Shall mean the Township clerk.

DRAINAGE RIGHT-OF-WAY

Shall mean the lands required for the installation of storm sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with R.S. 58:1.

EASEMENT

Shall mean a right or interest, less than a fee, held by a particular person or corporation in land owned by another to be used for specific purposes.

ENGINEER

Shall mean the Township engineer of the Township of Plumsted in the County of Ocean.

ENVIRONMENTAL IMPACT STATEMENT

Shall mean a written report, including text, maps, plans and charts, which is prepared in accordance with the requirements of this chapter, and which identifies existing environmental, social and economic conditions, and the resulting effects of development proposals and other major actions which significantly affect the environment.

GOVERNING BODY

Shall mean the Township committee of the Township of Plumsted in the County of Ocean.

IMPROVED STREET

Shall mean, when used in context of an existing street, any street which is constructed with an all-weather surface.

When used in context with a new street, it shall mean a street constructed in accordance with the provisions of this chapter.

MASTER PLAN

Shall mean a composite of the mapped and written proposals recommending the physical development of the Township which may be adopted by the planning board and which may be used as a guide by the planning board and by the Township committee.

OFFICIAL MAP

Shall mean which may be adopted in accordance with the Official Map and Building Permit Act, Chapter 434 of the Laws of 1953, or any prior act authorizing such adoption. Such a map shall be deemed to be conclusive with respect to the location and width of streets, public parks and playgrounds, and drainage right-of-way shown thereon.

OWNER

Shall mean any individual, firm, association syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.

PERFORMANCE GUARANTEE

Shall mean performance bonds and/or cash in combinations specified hereinafter, or other collateral which the planning board may, at its discretion deem satisfactory, accepted in lieu of constructing required improvements prior to final approval of a plat by the planning board.

PLAN, FINAL

Shall mean the final map which designates all or a portion of the subdivision and which is presented to the planning board for final technical review for approval in accordance with these regulations and which if approved shall be filed with the recording officer of the County of Ocean.

PLAT

Shall mean a map of a subdivision.

PLAT, MINOR SUBDIVISION

Shall mean the final map of a subdivision which is presented to the planning board for final technical review in accordance with these regulations, and which if approved, may be filed with the recording officer of the County of Ocean.

PLAT, PRELIMINARY

Shall mean the preliminary map of a subdivision which indicated the proposed layout of the subdivision and which is presented to the planning board for technical review for tentative approval in accordance with these regulations.

RIGHT-OF-WAY

Shall mean the land and space required on the surface, subsurface and overhead for the construction and installation of material necessary to provide passageways for vehicular traffic, pedestrians, utility lines, poles, conduits, mains, sign hydrants, trees, shrubbery and the proper amount of light and air, and which shall be measured from lot to lot line.

SECRETARY

Shall mean the secretary of the planning board.

SITE IMPROVEMENTS

Shall mean those improvements to the land or plat in addition to the required improvements mentioned herein including but not limited to driveways, landscaping and access walkways.

SOLICITOR

Shall mean the planning board attorney.

STANDARD DETAILS

Shall mean those construction details prepared by the Township engineer as a complement and supplement to the standard specifications, state specifications and regulations contained herein.

STANDARD SPECIFICATIONS

Shall mean those specifications which may be adopted by the Township committee to amend and/or supplement state specifications governing the construction of improvements.

STATE SPECIFICATIONS

Shall mean the New Jersey Department of Transportation Standard Specification for Road and Bridge Construction, 1989, together with amendments and supplements thereto.

STEEP SLOPES

Shall mean land areas with slopes of 15 percent or greater. Steep slopes include natural swales and ravines, as well as man-made areas, such as those created through mining for sand, gravel, or fill, or road grading. Slopes of less than 15 percent shall not be considered steep slopes.

STORM DRAINS, ARTIFICIAL

Shall mean such as pipes or other conduits constructed to carry collected surface drainage to a point of accepted discharge.

STREET

Shall mean public thoroughfare intended for the use of vehicular traffic, to gain access to abutting properties and shall include any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway or a street or way shown upon a plat heretofore approved pursuant to law and includes the land between the street lines whether improved or unimproved and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, new streets shall be classified as follows:

Marginal access streets are streets which are parallel to and adjacent to arterial streets and major highways, and which provide access to abutting properties and protection from through traffic.

Minor streets are those which are used primarily for access to abutting properties and include marginal access streets.

Collector streets are those streets which provide for traffic movement between major arterials, direct access to abutting properties, and also include the principal entrance streets of a residential development and streets for circulation within such a development.

Arterial streets are those streets which provide for through traffic movement between areas of municipalities and direct access to abutting properties (when not deemed to be a safety hazard) subject to necessary controls on location and design of entrances and exits.

STREET LINE

Shall mean the line dividing the dedicated street from the private property.

SUBDIVIDER APPLICANT

Shall mean any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceeding under this chapter to effect a subdivision of land hereunder for himself or for another.

SUBDIVISION

Shall mean the division of a lot, tract or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development; except that the following divisions shall not be considered subdivisions providing however, that no new streets or roads are involved; divisions of land for agricultural purposes where the resulting parcels are three acres or larger in size, divisions of property by testamentary or intestate provisions, or divisions of property upon court order.

SUBDIVISION COMMITTEE

Shall mean a committee of at least three planning board members appointed by the chairman of the board for the purpose of classifying subdivisions in accordance with the provisions of this chapter, and such other duties relating to land subdivisions which may be conferred on this committee by the board.

SUBDIVISION, MAJOR

Shall mean all subdivisions not classified as minor subdivisions.

SUBDIVISION, MINOR

Shall mean any subdivision which complies with all of the following requirements:

All lots created or remaining have frontage on an existing improved Township, county or state roadway.

Not more than three lots, including the remainder of the original lot, shall be created by the subdivision.

No new streets are required.

No extension of public utilities is required.

No construction of previously dedicated streets is required.

The subdivision shall not adversely affect the development of the remainder of the parcel or adjoining properties.

The subdivision is not in conflict with any provision or portion of the Township master plan, official map, or this chapter.

The subdivision does not involve a planned development.

The subdivision does not involve or require the extension or expansion of any off-tract improvement.

No portion of the land involved shall have been part of another minor subdivision within three years preceding the application, nor shall any portion of the property have been part of more than two minor subdivisions during any time period.

WETLAND

Shall mean any area that complies with the current definition as established by the New Jersey Department of Environmental Protection and Energy.

§ 14-11 PINELANDS AREA REQUIREMENTS.

§ 14-11.1 Applicability.

[Ord. 8/9/82, § 1]

The provisions of this section shall apply only to the Pinelands Area, Plumsted Township and shall be considered as supplemental to the requirements of the balance of this chapter. No land within the Pinelands area, as defined herein, shall be subdivided unless all provisions of this chapter shall have been complied with. The requirements of this section shall not apply in those portions of the Township outside of the Pinelands area.

§ 14-11.2 Definitions.

[Ord. 8/9/82, § 1; Ord. 5/27/88, §§ 2, 3; Ord. #97-01, § 2]

The following terms utilized in this section are used as defined in the New Jersey Pinelands Comprehensive Management Plan (N.J.A.C. 7:50-2.11), adopted by New Jersey Pinelands Commission pursuant to Section 7 of the Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.) as amended: Agricultural Service Establishment; Animals, Threatened or Endangered; Application for Development; Certificate of Appropriateness; Certificate of Filing; Commencement of Construction; Commission; Comprehensive Management Plan; Contiguous Lands, Development; Drainage; Dwelling; Dwelling Unit; Electric Transmission Line; Erosion; Executive Director; Federal Act; First Order Stream; Fish and Wildlife Management; Forestry; Forestry Management Plan; Habitat; Historic District; Historic Resource; Hydrophytes; Immediate Family; Impermeable Surface; Interested Person or Party; Interim Rules and Regulations; Land; Landscaping; Pinelands Area; Pinelands Development Review Board; Pinelands Protection Act; Plants, Threatened or Endangered; Preservation Area; Protection Area; Scenic Corridors; Specimen Tree; Submerged Lands; Utility Distribution Line; Vegetation; Wetlands (N.J.A.C. 7:50-6.3-6.5); and Wetland Soils.

As used in this section the terms below shall be defined as indicated:

DEVELOPMENT, MAJOR

Shall mean 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.

DEVELOPMENT, MINOR

Shall mean all development other than major development.

FORESTRY

Shall mean the planting, cultivating and harvesting of trees for the production of wood products, including firewood. It includes such practices as reforestation, site preparation and other silvicultural practices. For purposes of this chapter, the following activities shall not be defined as forestry and, although they may otherwise require an application for development, they shall not require the issuance of a forestry permit:

Removal of trees located on a parcel of land one acre or less on which a dwelling has been constructed;

Horticultural activities involving the planting, cultivating or harvesting of nursery stock or Christmas trees;

Removal of trees necessitated by the development of the parcel as otherwise authorized by this chapter;

Removal of trees necessary for the maintenance of utility or public rights-of-way;

Removal or planting of trees for the personal use of the parcel owner; and

Removal of trees for public safety.

PINELANDS AREA

Shall mean that area of Plumsted Township designated as part of the Pinelands area by Section 10(a) of the New Jersey Pinelands Protection Act (N.J.S.A. 13:18A-1 et seq.).

SEASONAL HIGH WATER TABLE

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

§ 14-11.3 Additional Procedural Requirements for Subdivisions Located Within the Pinelands Area.

[Ord. 8/9/82, § 1; Ord. 6/13/83, § I; Ord. 5/27/88, § 4; Ord. #97-01, §§ 3, 4]

Applicability of Procedures.

No person shall carry out any development within the Pinelands Area without obtaining approval from an approving authority and without obtaining development approval in accordance with the procedures set forth in this section.

Nothing herein shall preclude any local or state agency from reviewing, in accordance with the provisions of any applicable ordinance or regulation, any proposed development which does not require an application to the Pinelands Commission pursuant to this section.

Supplemental Information Requirements.

Minor Development. Any application for approval of minor development shall include at least the following information:

The applicant's name and address and his interest in the subject property;

The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;

The legal description, including block and lot designation and street address, if any, of the subject property;

A description of all existing uses of the subject property;

A brief written statement generally describing the proposed development;

A USGS Quadrangle map, or copy thereof, and a copy of the municipal tax map sheet on which the boundaries of the subject property and the Pinelands management area designation and the zoning designation are shown;

A plat or plan showing the location of all boundaries of the subject property, the location of all proposed development, and existing or proposed facilities to provide water for the use and consumption of occupants of all buildings and sanitary facilities which will serve the proposed development. The following information shall be included with respect to existing or proposed sanitary facilities:

On-Site Treatment Facilities: Location, size, type and capacity of any proposed on-site wastewater treatment facilities; and

Soil Borings and Percolation Tests: If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with N.J.S.A. 58:11-23 et seq., and the regulations adopted pursuant thereto, shall be submitted at suitable location with a tract map showing location, logs, elevations of all test holes, indicating where ground water was encountered, estimating the seasonal high water table and demonstrating that such facility is adequate to meet the water quality standards contained in Subsection 15-14.21g.

A location map, including the area extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holdings adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (including intermittent streams), rivers, lakes and other water bodies and existing roads;

A soils map including a county soils survey which conforms to the guidelines of the United States Department of Agriculture Soil Conservation Service, showing the location of all proposed development;

A map showing existing vegetation, identifying predominant vegetation types in the area, and showing proposed landscaping of the subject property, including the location of the tree line before and after development and all areas to be disturbed as a result of the proposed development;

A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations; and

When prior approval for the development has been granted by an approving authority, evidence of Pinelands Commission review pursuant to Subsection 14-11.4.

Major Development. Any application for approval of major development, except for forestry or resource extraction operations, shall include at least the following information:

The applicant's name and address and his interest in the subject property;

The owner's name and address, if different from the applicant's, and the owner's signed consent to the filing of the application;

The legal description, including block and lot designation and street address, if any, of the subject property;

A description of all existing uses of the subject property;

A brief written statement generally describing the proposed development, the number of total units; the floor area of all units to be included in the proposed development;

A written statement addressing each of the standards or guidelines set forth in N.J.A.C. 7:50-5 and 7:50-6; and stating specifically how the proposed development meets each such standard or guideline;

Sanitary Sewer Distribution: Location, size and direction of flow of all existing and proposed sanitary sewer lines and pumping stations serving the proposed development and all existing and proposed connections to existing facilities;

On-Site Treatment Facilities: Location, size, type and capacity of any proposed on-site wastewater treatment facilities including, except with respect to discharges into an individual residential septic system, quantities, composition, proposed pretreatment and ultimate means of disposal;

Soil Borings and Percolation Tests: If on-site sewage disposal is proposed, results of soil borings and percolation tests in accordance with the requirements of N.J.S.A. 58:11-23 et seq. and the regulations adopted pursuant thereto shall be submitted with a tract map showing the location, logs and elevations of all test holes, indicating where ground water was encountered, and estimating the seasonal high water table; and

The proposed hours and days of operation and number of employees of any non-residential facility.

A project site base map, at a scale of no less than one inch to 200 feet and including the areas extending at least 300 feet beyond each boundary of the subject property, showing ownership boundary lines, the boundary of the proposed development, owners of holdings, if any, adjoining and adjacent to the subject property, existing facilities, buildings and structures on the site, all proposed development, wetlands, streams (including intermittent streams), rivers, lakes and other water bodies, and existing roads;

A soils map including a county soils survey in conformance with the guidelines of the United States Department of Agriculture Soil Conservation Service, at the same size and scale as the project site base map, delineating all soil series at an appropriate level of detail and, in sewered projects, sufficient soil borings to confirm the accuracy of the soils map;

A slope map, at the same size and scale as the project site base map, indicating contour elevations at two-foot intervals;

A resource capability map, at the same size and scale as the project site base map, indicating the cumulative limitations to development due to the standards and the guidelines contained in this Plan. This map should be prepared prior to any engineering, site layout or design work;

A proposed development map, at the same size and scale as the project site base map, showing areas of proposed development; the location of surveyor's tape or other markers placed on the site delineating the boundaries of the property; the number of residential lots and other type of development in each general area; all proposed lot lines; areas proposed to be retained as open space; the applicable land use areas boundaries; the location of proposed facilities such as dams and impoundments, public or private water systems, storm drainage systems, public or private sewerage systems, public utilities, soil erosion and sedimentation control devices, industrial waste water discharges and solid waste disposal areas; sources of air pollution; the proposed primary road network; all areas to be disturbed by construction activities; existing vegetation, identifying the predominant vegetation types in the area; and all vegetation which is to be removed or disturbed as a result of the proposed development, and the tree line before and after development;

(m)

A map, at the same size and scale as the project site base map, showing storm water drainage patterns and calculations and the applicant's proposed storm water run-off management plan, which shall contain results of all percolation tests and soil borings performed in each recharge area including the estimated seasonal high water table;

(n)

Legal instruments evidencing the applicant's right, title or interest in any Pinelands Development Credits and any existing or proposed deed restrictions or easements relating to the subject parcel;

(o)

A landscaping schedule and plan on a map, of the same size and scale as the project site base map, identifying the species of plants to be installed and the quantity and location of all plants proposed to be planted, demonstrating that the landscaping will be carried out within six months of the completion of construction and demonstrating that the landscaping will stabilize soils. Landscaping plans shall incorporate the elements set forth in Subsection 15-14.21b4 of Chapter 15 of the Plumsted Township Code.

(p)

All public service infrastructure agreements, or other documentation, evidencing the availability of electric, gas, water, sewer and other necessary public service infrastructure;

(q)

The cultural resources survey described in Subsection 15-14.21k;

(r)

A list of all permits required for the proposed development from county, municipal, state and federal agencies;

(s)

(t)

When prior approval for the development has been granted by an approving authority, evidence of Pinelands Commission review pursuant to Subsection 14-11.4.

Notices to the Pinelands Commission.

[Amended 3-6-2019 by Ord. No. 2019-04]

Application submission and modifications. Written notification shall be given by the Township, by email or regular mail, to the Pinelands Commission within seven days after a determination is made by the Township that an application for development in the Pinelands Area is complete or if a determination is made by the approval agency that the application has been modified. Said notice shall contain:

The name and address of the applicant;

The legal description and street address, if any, of the parcel that the applicant proposes to develop;

A brief description of the proposed development, including uses and intensity of uses proposed;

The application number of the Certificate of Filing issued by the Pinelands Commission and the date on which it was issued;

The date on which the application, or any change thereto, was filed and any application number or other identifying number assigned to the application by the approval agency;

The approval agency with which the application or change thereto was filed;

The content of any change made to the application since it was filed with the Commission, including a copy of any revised plans or reports; and

The nature of the municipal approval or approvals being sought.

Meetings and hearings. Where a meeting, hearing or other formal proceeding on an application for development approval in the Pinelands Area is required, the applicant shall provide notice to the Pinelands Commission by email, regular mail or delivery of the same to the principal office of the Commission at least five days prior to such meeting, hearing or other formal proceeding. Such notice shall contain at least the following information:

The name and address of the applicant;

The application number of the Certificate of Filing issued by the Pinelands Commission and the date on which it was issued;

The date, time and location of the meeting, hearing or other formal proceeding;

The name of the approval agency or representative thereof that will be conducting the meeting, hearing or other formal proceeding;

Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission; and

The purpose for which the meeting, hearing or other formal proceeding is to be held.

Notice of approvals and denials. The Pinelands Commission shall be notified of all approvals and denials of development in the Pinelands Area, whether the approval occurs by action or inaction of any approval agency or an appeal of any agency's decision. The applicant shall within five days of the approval or denial give notice by email or regular mail to the Pinelands Commission. Such notice shall contain the following information:

The name and address of the applicant;

The legal description and street address, if any, of the parcel that the applicant proposes to develop;

The application number of the Certificate of Filing issued by the Pinelands Commission and the date on which it was issued;

The date on which the approval or denial was issued by the approval agency;

Any written reports or comments received by the approval agency on the application for development that have not been previously submitted to the Commission;

Any revisions to the application not previously submitted to the Commission; and