The purpose of these provisions is to provide
minimal standards and restrictions for the design of new structures
and improvements in conjunction with review and approval of subdivision
plats and site plans. The necessity of adhering to these standards
may only be waived pursuant to N.J.S.A. 40:55D-51.
All subdivision, site plans and planned developments
shall comply with the requirements established herein and the construction
specifications. In reviewing the aforementioned types of land development,
the approving board shall consider the following general requirements
which are more specifically set forth in this chapter:
A.
Pedestrian and vehicular traffic movement within and
adjacent to the site with particular emphasis on the provision and
layout of parking area, off-street loading and unloading, movement
of people, goods and vehicles from access roads within the site, between
buildings and between buildings and vehicles.
B.
The approving board shall ensure that all parking
spaces are usable and safely and conveniently arranged. Access to
the site from adjacent roads shall be designed so as to interfere
minimally with traffic flow on these roads and to permit vehicles
a rapid and safe ingress and egress to the site.
C.
The design layout of buildings and parking areas shall
be reviewed so as to provide an aesthetically pleasing design and
efficient arrangement. Particular attention shall be given to safety
and fire protection, impact on surrounding development and contiguous
and adjacent buildings and lands.
D.
Adequate lighting shall be provided to ensure safe
movement of persons and vehicles and for security purposes. Lighting
standards shall be a type approved by the approving board. Lights
shall be arranged so as to minimize glare and reflection on adjacent
properties.
E.
Buffering shall be located around the perimeter of
the site to minimize headlights of vehicles, noise, light from structures,
the movement of people, and vehicles, and to shield activities from
adjacent properties when necessary. Buffering may consist of fencing,
evergreens, shrubs, bushes, deciduous trees or combinations thereof
to achieve the stated objectives.
F.
Landscaping shall be provided as part of the overall
site plan or subdivision design and integrated into building arrangements,
topography, parking and buffering requirements. Landscaping may include
trees, bushes, other ground cover, perennials, annuals, plants, sculpture,
and other works of art.
G.
Signs shall be designed so as to be aesthetically
pleasing, harmonious with other signs on the site, and located so
as to achieve their purpose without constituting hazards to vehicles
and pedestrians.
H.
Storm drainage, sanitary waste disposal, water supply
and garbage disposal shall be reviewed and considered. Particular
emphasis shall be given to the adequacy of existing systems, in view
of the development proposed, and the need for improvements, both on-site
and off-site, to adequately carry runoff and sewage, and to maintain
an adequate supply of water at sufficient pressure and quality.
I.
Garbage disposal shall be reviewed to ensure frequent
collection, vermin and rodent protection, and aesthetic considerations.
All systems shall meet Township specifications as to installation
and construction.
J.
Environmental elements relating to soil erosion, preservation
of trees, protection of watercourses and resources, noise, topography,
soil and animal life, air quality, floodplains, wetlands, preservation
of trees and vegetation, coastal zones and groundwater resources shall
be reviewed and the design of the plan shall minimize any adverse
impact on these elements.
A.
Streets.
(1)
General.
(a)
Streets, drives, parking and service areas shall
provide safe and convenient access for users to buildings and structures
and for service and emergency vehicles. Streets shall neither be so
laid out as to encourage outside traffic to traverse the development
on minor streets, nor occupy more land than is required to provide
access, nor create unnecessary fragmentation of the development into
smaller blocks. In general, block size shall be the maximum consistent
with use and shape of the site and the convenience and safety of the
occupants.
(b)
The proposed street system shall conform to
the standards set forth in the Schedule of Required Street Dimensions
contained in Appendix I[1] which is incorporated herein by reference and the proposals
and conditions shown in the Master Plan.
[1]
Editor's Note: Appendix I, Schedule of Required Street Dimensions, is included at the end of this chapter.
(2)
Hierarchy. In any major subdivision it shall be the
duty of the approving board to classify proposed streets according
to their types. In making a determination as to the classification
of a particular street, the board shall take into consideration the
provisions of the Master Plan and the existing and proposed conditions
within the subdivision.
(a)
Arterial roadways. This class of roadway is
primarily intended to form an interconnected system serving lengthy
trips and linking major traffic generators. The first and most important
function of arterial roadways is to carry traffic and provision of
access to adjoining property is relegated to a secondary function
and is minimized. With traffic volumes exceeding 10,000 trips per
day, noise levels will normally exceed 65 decibels and with truck
traffic can increase to 80 decibels or more; any residential units
should therefore be set back at least 100 feet. Arterial roadways
shall be assigned to one of the following three subclasses based on
the volume of traffic they are intended to carry and shall satisfy
the following standards in addition to those otherwise set forth in
this chapter:
[1]
Major arterials. This class of arterial roadway
is intended to carry 25,000 to 40,000 trips per day. Traffic turning
onto and off these road can reduce capacity and access points should
be restricted as much as possible.
[2]
Minor arterials. This class of arterial roadway
is intended to carry 15,000 to 25,000 trips per day.
[3]
Light arterials. This class of arterial roadway
is intended to carry 10,000 to 15,000 trips per day.
(b)
Collector roadways. Collector roadways differ
from arterials in that they should not form an interconnected system.
They should simply carry traffic to the arterials and should not form
linkages and interconnections which would accommodate through-traffic
which is unrelated to the uses which adjoin them. This class of street
is intended to siphon traffic from local streets before their capacity
is exceeded and the two functions of traffic movement and property
access are of equal importance. Traffic on collector roadways should
be given priority over local streets and not interrupted by sharp
turns or stop signs. On-street parking is undesirable and should be
avoided where possible. This class of collector roadway is intended
to carry up to 10,000 trips per day.
(c)
Local roadways. Local roadways differ from other
roadways in that they are not intended to carry any through-traffic
whatsoever. The intended function of this class of roadway is to provide
direct access to adjoining properties; traffic capacity is of only
secondary importance.
(3)
Alignment.
(a)
General.
[1]
Roads shall be related appropriately to the
topography. Local roads shall be curved wherever possible to avoid
conformity of lot appearance. All streets shall be arranged so as
many of the building sites as possible are at, or above, the grade
of the streets. Grades of streets shall conform as closely as possible
to the original topography. A combination of steep grades and curves
shall be avoided. Specific standards are contained in the design standards
of these regulations.
[2]
All streets shall be properly integrated with
the existing and proposed system of thoroughfares and dedicated rights-of-way
established in the Master Plan. All thoroughfares shall be properly
related to special traffic generators such as industries, business
districts, schools, churches, and shopping centers; to population
densities; and to the pattern of existing and proposed land uses.
[3]
Local roadways shall be laid out to conform
as closely as possible to the topography, to discourage use by through
traffic, to permit efficient drainage and utility systems, and to
require the minimum number of streets necessary to provide convenient
and safe access to property.
[4]
The rigid rectangular gridiron street pattern
is discouraged and the use of curvilinear streets, culs-de-sac, or
U-shaped streets shall be encouraged where such use will result in
a more desirable layout.
[5]
In business and industrial developments, the
streets and other accessways shall be planned in connection with the
grouping of buildings, location of rail facilities, and the provisions
of alleys, truck loading and maneuvering areas, and walks and parking
areas so as to minimize conflict of movement between the various types
of traffic, including pedestrian traffic.
(b)
Access limitations.
[1]
In the case of subdivisions or site plans abutting
major or minor arterials, one of the following shall be required in
the discretion of the approving board:
[a]
A marginal access road shall be
provided along the arterial and shall be separated from it by a raised
divider strip at least eight feet in width;
[b]
The frontage shall be reversed
so that the lots contiguous to such arterials will front on an internal
street, with a planted buffer strip at least 50 feet in width, provided
along the arterial road; or
[c]
Such other means of separating
through and local traffic and of providing a suitable buffer shall
be provided, as the approving board may determine to be appropriate.
[3]
All planned developments shall have two points
of access which are ready for use at such time certificates of occupancy
are issued for the planned development. A temporary access point may
be constructed to meet the requirements of this section until such
time as a permanent access point can be constructed. Access points
shall be designed to encourage smooth traffic flow with controlled
turning movements and minimum hazards to vehicular or pedestrian traffic.
Merging, turnout lanes and traffic dividers shall be provided where
existing or anticipated heavy flows indicate they are needed.
[Amended 4-23-2001 by Ord. No. 17-01]
[4]
In no case shall streets within a planned development
connect to streets outside the development in such a way as to encourage
use of minor streets for through traffic.
[5]
Within a planned development, vehicular access
to local roadways from off-street parking and service areas may be
directly to the local roadway; provided that the parking stalls are
offset from the cartway by a minimum of 13 feet. Vehicular access
to other streets from off-street parking and service areas shall be
combined, located and controlled so as to channel traffic from and
to those areas conveniently, safely, and in a manner which minimizes
marginal traffic friction and promotes free traffic flow.
(c)
Extensions.
[1]
Proposed streets shall be extended to the boundary
lines of the tract to be subdivided, unless prevented by topography
or other physical conditions, or unless in the opinion of the approving
board such extension is not necessary or desirable for the coordination
of the layout of the subdivision with the existing layout or the most
advantageous future development on adjacent tracks.
[2]
The arrangement of streets shall provide for
the continuation of principal streets between adjacent properties
when such continuation is necessary for convenient movement of traffic,
effective fire protection, efficient provision of utilities, and where
such continuation is in accordance with the Master Plan. If the adjacent
property is undeveloped and the street must be a dead-end street,
the right-of-way shall, except where reserved, be extended to the
property line.
[3]
A temporary cul-de-sac turnaround, and/or a
T- or L-shape turnaround shall be provided on all dead-end streets,
with the notation on the subdivision plat that land outside the normal
street right-of-way shall revert to the abettors whenever the street
is continued. The approving board may limit the length of dead-end
streets in accordance with the design standards of these regulations.
[4]
Where a street does not extend to the boundary
of the subdivision and its continuation is not required by the approving
board for access to adjoining property, its terminus shall not be
nearer to such boundary than 50 feet. However, the approving board
may require the reservation of an appropriate easement to accommodate
drainage facilities, pedestrian traffic, or utilities. A cul-de-sac
turnaround shall be provided at the end of a permanent dead-end street
in accordance with the construction standards and specifications.
For greater convenience to traffic and more effective police and fire
protection, permanent dead-end streets shall, in general, be limited
in length at the discretion of the approving board.
(d)
Street grade and intersections.
[1]
No more than two streets shall cross the same
point. Street intersections shall be at right angles wherever possible,
and intersections of less than 60°, measured at the center line
of streets, shall not be permitted.
[2]
Two streets which do not cross at the same points
shall be offset (center line intersection) by at least 150 feet.
[3]
The approach of any collector roadway to any
intersection of another collector roadway or arterial roadway shall
follow a straight line course within 100 feet of the intersection.
(e)
Blocks and lots.
[1]
Blocks shall have sufficient width to provide
for two tiers of lots of appropriate depths. Exceptions to this prescribed
block width shall be permitted in blocks adjacent to major roadways,
railroads, or waterways.
[2]
The lengths, widths, and shapes of blocks shall
be such as are appropriate for the locality and the type of development
contemplated, but block lengths in residential areas shall not exceed
1,200 feet nor be less than 400 feet in length.
[3]
Looped streets shall be preferred to stub or
cul-de-sac streets and no dead-end street shall exceed a length of
700 feet, unless turnaround areas are provided at a rate of one for
each 600 linear feet.
[4]
The approving board may require the reservation
of an easement through the block to accommodate utilities, drainage
facilities, or pedestrian traffic.
(f)
Sight triangles.
[1]
Easements for sight at roadway intersections,
in the shape of triangles and in a form approved by the approving
board attorney, shall be dedicated to cover the area bounded by the
right-of-way lines and a straight line connecting "sight points" on
the street center lines which sight easement dimensions shall be determined
in accordance with the Transportation and Traffic Engineering Handbook
(Latest Edition). Within these sight easements, planting shall be
restricted to low-spreading varieties of plants and shrubs of not
more than 18 inches in height at maturity or trees with the lowest
branches 10 feet above the ground or higher.
[2]
Proper sight distance should be provided at
the intersections of ingress and egress of nonresidential driveways,
or driveways which serve parking lots or residential groups of four
or more dwelling units, by establishing sight triangles in accordance
with the current Township standard specifications. Within these sight
triangles, plantings should be restricted to low spreading varieties
of plants and shrubs of not more than 18 inches in height at maturity.
(4)
Profile.
(a)
Right-of-way.
[1]
The right-of-way of a roadway shall be measured
from lot line to lot line and shall be sufficiently wide to contain
the cartway, curbs, shoulders, sidewalks, graded areas, utilities
and shade trees.
[2]
The right-of-way width of a new street that
is a continuation of an existing street shall in no case be continued
at a width less than the existing street.
(b)
Cartway width.
[1]
In order to provide for streets of suitable
location, width, and improvement to accommodate prospective traffic
and afford satisfactory access to police, firefighting, snow removal,
sanitation, and road maintenance equipment, and to coordinate roads
so as to compose a convenient system and avoid undue hardships to
adjoining properties, the design standards for roads, set out in the
aforesaid Schedule of Required Street Dimensions,[2] are hereby required. In utilizing said schedule, road
classification shall be as determined by the approving board based
upon the standards hereinbefore set forth.
[2]
Editor's Note: Appendix I, Schedule of Required Street Dimensions, is included at the end of this chapter.
[2]
Where a nonresidential collector roadway or
a collector roadway serving more than 100 dwelling units intersects
with another collector roadway or arterial roadway, both the right-of-way
and the pavement shall be widened by 24 feet for a distance of 200
feet back from the intersection of the center lines of both roadways.
(c)
Pavement. Street pavement thickness shall vary
by street hierarchy, subgrade properties and pavement type as set
forth in the construction specifications.
(d)
Shoulders, curbs and gutters.
[1]
Curbing shall be required for drainage purposes,
safety, and delineation and protection of pavement edge.
[2]
Curbs shall be constructed according to the
specifications set forth in the construction specifications.
[3]
Curbing shall be designed to provide a ramp
for bicycle and/or wheelchairs.
[4]
Curbing shall be provided along both sides of
all subdivision streets and adjacent to the edge of all aisles, drives,
and off-street parking areas.
[5]
Shoulders and/or drainage swales shall be required
instead of curbs when:
[6]
Shoulder requirements shall vary according to
street hierarchy and intensity of development.
[7]
Curb construction. Any project approved for development by the Township Planning Board or Zoning Board of Adjustment, after the effective date of this Subsection A(4)(d)[7], shall comply with the following curb construction requirements:
[Added 6-23-2003 by Ord. No. 25-03]
[a]
All curbs, where required, shall
be granite curb, also known as "Belgian block" on all designated local
residential streets in the Township of Old Bridge.
[b]
Construction of granite or Belgian
block curbing shall conform to and be in accordance with the current
specifications of the Residential Site Improvement Standards, N.J.A.C.
5:21-4.17, and as may be modified from time to time.
(e)
Shade trees areas.
[1]
All developments shall be provided with street
trees planted at the following intervals:
[2]
Shade trees shall generally be located within
an area outside the right-of-way on both sides of and parallel to
the street. The trees shall be planted so as not to interfere with
utilities, roadways, sidewalks, sight easements, or streetlights.
[3]
Shade tree areas shall be planted with grass,
ground cover, or treated with other suitable cover material.
[4]
Shade trees may be clustered to provide for
a better aesthetic environment, provided the total number of trees
is not less than would have been provided in Subsection A(4)(e)[1][a]
and [b] above.
(f)
Access.
[1]
Only one point of ingress and egress may be
allowed on each tract, except where the tract has a road frontage
of at least 200 feet.
[2]
No driveway shall be located closer than 50
feet from the sidelines of the intersection of two streets.
[3]
No more than two driveways of not less than 20 feet or more
than 30 feet in width for means of ingress and egress for any parking
area shall be permitted for each 300 feet of frontage upon a public
street. No driveway shall be located closer than 100 feet from the
intersection of two streets, and acceleration and deceleration lanes
shall be provided. The angle of any intersection shall not be less
than 60°. A circular driveway may be permitted on a residential
lot providing the lot has at least 100 feet of street frontage.
[Amended 3-15-2010 by Ord. No. 2010-03]
[4]
Access to residential units shall be from local
roadways where possible. Where access is from a collector or arterial
roadway, on-site turnarounds or other means shall be provided to allow
for head-on access.
[5]
Whenever an emergency access is provided, said access shall
be of hard durable material and shall be not less than 20 feet in
width.
[Added 3-15-2010 by Ord. No. 2010-03]
(5)
Signs.
(a)
Design and placement of traffic signs shall
follow the requirements specified in the Manual on Uniform Traffic
Control Devices for Streets and Highways (Latest Edition), published
by the US Department of Transportation and adopted by the DOT.
(b)
At least two street name signs shall be placed
at each four-way street intersection and one at each T-intersection.
Signs shall be installed under light standards and free of visual
obstruction. The design of street name signs should be of a style
appropriate to the community, of a uniform size and color, and erected
in accordance with local traffic safety standards. Site information
signs shall follow a design theme related and complementary to other
elements of the overall site design.
B.
Sidewalks and bikeways.
(1)
Pedestrian and cyclist ways within a PD and cluster
development.
(a)
Designated walkways shall form a logical, safe
and convenient system for pedestrian access to all dwelling units,
project facilities and principal off-site pedestrian destinations.
Where appropriate, pedestrian pathways and bikeways may replace sidewalks.
(b)
Walking distance in the open between dwelling
units and parking spaces, delivery areas and trash and garbage storage
areas intended for use of occupants shall be minimized.
(c)
Walkways to be used by substantial numbers of
children as play areas or routes to school or other destinations shall
be so located and safeguarded as to minimize contacts with automotive
traffic. If substantial bicycle traffic is anticipated, bicycle paths
shall be incorporated in the circulation system.
(d)
Major roadway crossings shall be held to a minimum
on the walkways, and shall be located, designed and appropriately
marked for safety. Walkways may be combined with other easements and
used by emergency or service vehicles, but shall not be used by other
automotive traffic.
(e)
Routes for pedestrians and cyclists entering
or leaving the PD or cluster development shall be arranged to provide
safe and convenient access. Pedestrian crossings at edges of the PD
shall be safely located, marked and controlled, and fences on other
barriers may be used to restrict crossings where there is substantial
exposure of pedestrians to automotive traffic at PD access points.
Bicycle and/or bridle paths, if provided, shall be coordinated with
the pedestrian walkway system so that bicycle, equestrian, and street
crossings are combined wherever feasible.
(2)
Bikeways.
(a)
Separate bicycle paths shall be required when
such paths have been specified as part of the Master Plan.
(b)
Bicycle lanes, where required, shall be placed
in the outside lane of a roadway, adjacent to the curb or shoulder.
When on-street parking is permitted, the bicycle lane shall be between
the parking lane and the outer lane of moving vehicles. Lanes shall
be delineated with markings, preferably striping. Raised reflectors
or curbs shall not be used.
(c)
Bikeways shall be constructed according to the
specifications set forth in the construction specifications.
(3)
Sidewalks.
(a)
Sidewalks shall be constructed along streets
whether public or private in accordance with the Schedule of Required
Sidewalks set forth in Appendix J hereof and incorporated herein by
reference.[3]
[3]
Editor's Note: Appendix J, Schedule of Required Sidewalks, is included at the end of this chapter.
(b)
Sidewalks in conventional developments shall
be placed in the right-of-way, parallel to the street. In commercial
and more intensely developed residential areas, sidewalks may abut
the curb.
(c)
In planned developments, sidewalks may be located
away from the road system to link dwelling units with other dwelling
units, the street, and on-site activity centers such as parking areas
and recreational areas. They may also be required parallel to the
street for safety and other reasons.
(d)
Pedestrianway easements at least 10 feet wide
may be required by the approving board through the center of blocks
more than 600 feet long to provide circulation or access to schools,
playgrounds, shopping, or other community facilities.
(f)
Sidewalks and graded areas shall be constructed
according to the specifications set forth in the construction specifications.
(g)
One-family dwellings less than 500 feet distant
from an existing sidewalk on the same side of the street shall be
required to have a sidewalk constructed along the entire street frontage
prior to the issuance of a certificate of occupancy.
(h)
The approving board may require easements of
a suitable width to facilitate pedestrian access from public or private
streets, to schools, parks, playgrounds, or other nearby streets.
Such easements shall be indicated on the final plan of the subdivision
or site plan.
A.
General. In all developments, the following building
design standards shall apply:
(1)
All buildings shall be located with proper consideration
of their orientation and relationship to other buildings, both existing
and proposed, in terms of light, air and usable open space, access
to public right-of-way and off-street parking; height and bulk; drainage
and existing topography; trees and vegetation; and other natural features
and land forms.
(2)
Groups of related buildings shall be designed to present
a harmonious appearance in terms of architectural style and exterior
materials.
(3)
Buildings shall be designed to be attractive from
all vantage points, including without limitation fences, storage areas
and rear entrances.
(4)
Accessory buildings should be architecturally treated
in the same manner as principal buildings.
(5)
All exterior storage areas and service yards, loading
docks and ramps, electrical and mechanical equipment and enclosures,
storage tanks and the like shall be screened from the public view,
within and from the outside of the development, by a fence, wall or
mature landscape materials, compatible with the exterior design of
building within the development.
(6)
Colors, materials and finishes shall be coordinated
in all exterior elevations of buildings to achieve continuity of expression.
All roof and wall projections such as gutter, flues, louvers, utility
boxes, vents, grills, downspouts, exposed flashing, overhead doors
shall be painted or installed with an anodized or acrylic finish,
in a color to match adjacent surfaces.
(7)
All openings in the wall of a building such as windows
and doors should relate to each other on each elevation, vertically
and horizontally, in a clearly defined order; and should take into
account orientation to the sun for sun-shading and consideration of
the efficiencies of heat loss and gain through such openings.
(8)
Buildings and parking areas should be designed to
relate to existing grade conditions. Exposed basement walls are not
acceptable as an architectural treatment. All exposed basement walls
must be treated to relate properly to the design of the building.
(9)
Appurtenances such as, but not limited to, tanks,
condenser units and other equipment shall be fully screened from view.
(10)
Building design and site arrangements shall
allow for public pedestrian access and sidewalks within the area,
unless sidewalks and pedestrian circulation are provided for within
the adjoining right-of-way of the public street. Where the required
front yard setback for the zone is greater, the zone regulations shall
take precedence.
B.
Residential development design. The Township encourages
innovative and efficient design of planned developments. In such a
design, the Township recommends that natural features, such as lakes,
rocks, outcrops, streams, topsoil, trees, shrubs and understory, shall
be preserved and incorporated into the landscaping and site design
of the PD to the maximum extent feasible. In PDs, the following building
design standards shall apply:
(1)
Attention in site design and layout shall be given
to enhancement of views, vistas, panoramas and local points.
(2)
Architectural design and building construction shall
be consistent, complementary and harmonious. Approval of designs and
exterior changes and additions may be recommended by an Architectural
Review Committee to the approving board. The Architectural Review
Committee shall pay particular attention to facade treatments, materials,
color scheme, neighborhood or "village" character, fencing and landscaping,
accessory structures, signage and street furnishings.
(3)
Site planning in the PD shall provide protection of
the development from potentially adverse surrounding environmental
constraints, and protection of surrounding areas from potentially
adverse environmental constraints within the development.
C.
Open space and recreation design standards. All proposed
playground areas in a development shall conform to the following minimum
standards:
(1)
Playground equipment shall be set back a minimum of
six feet from the edge of the designated playground area; provided,
however, that said setback shall be 10 feet with respect to slides,
swings and other equipment utilizing moving parts.
(2)
The playground equipment shall be constructed on a
surface of no less than six inches in depth and composed of a suitable
material approved by the approving board; provided, however, that,
in the case of playground equipment which incorporates decks or other
components having a height of six feet or more, such depth shall be
increased to a minimum of 10 inches. For purposes of this section,
"suitable material" shall include wood fiber, fine sand, manufactured
resilient rubber padding, or fine wood chips. Such material shall
not include pea gravel, grass, fill dirt, topsoil, course sand, or
large course wood chips.
(3)
Except as otherwise set forth above, all recreation
facilities shall conform to the standards set forth in Chapter 17,
or such successor chapter, of Architectural Graphic Standards (Latest
Edition), published by the American Institute of Architects.
D.
Nonresidential development design. For commercial
and industrial developments, the following building design standards
shall apply:
(1)
Exterior materials shall include appropriate texture
and trim to prevent large undifferentiated facades of the same material.
(2)
All roof planes or caps meeting the exterior facade
shall have overhangs or appropriate cornice and trim details.
(3)
All major entrances to buildings shall be properly
identified with architectural elements such as recessed entranceways,
projected overhangs, and porticos.
(4)
Flat roof canopies on metal pipe columns shall not
be used on commercial buildings.
(5)
Window and door openings shall include appropriate
trim and either recesses or overhangs to promote a harmonious variety
of light and shade on the facade of the building.
(6)
Buildings and structures used for functional purposes,
such as warehouses, indoor sports facilities and manufacturing facilities,
shall include appropriate landscaping adjacent to facades in the public
view.
E.
Fences.[1]
(1)
The following materials are prohibited for use as
fencing materials on any lot:
(a)
Barbed wire.
(b)
Sharp pointed materials of any type to form
the top of the fence.
(c)
Canvas.
(d)
Cloth.
(e)
Electrically charged fences.
(f)
Temporary fences, such as but not limited to
snow fences, expandable fences and collapsible fences upon a lot with
a dwelling or structure on it; provided temporary fences shall be
permitted to protect any hazardous condition or excavation.
(2)
Notwithstanding the foregoing, barbed wire and electrically
charged fences shall be permitted in conjunction with farm uses. Where
such barbed wire or electrically charged fences are located within
100 feet of any residential property, permanent signs identifying
the type of fence shall be posted every 100 feet.
(3)
All fences shall be constructed with the face or finished
side facing adjacent properties.
(4)
Living fences shall be maintained in a neatly trimmed condition and shall not extend into adjacent properties. Living fences along roads and at road intersections must also be maintained in accordance with Chapter 435, Article II, Obstructions Along Roads and at Intersections, of the Code of the Township of Old Bridge.
(5)
Fences shall be constructed in a manner so as not
to restrict the flow of natural drainage nor cause surface water to
be blocked or dammed to create ponding.
(6)
Fences around swimming pools shall meet the requirements
as established in the Swimming Pool Safety Devices Section of the
New Jersey State Uniform Construction Code (N.J.S.A. 52:27D-119 et
seq.).
(7)
Fences proposed at any new construction project shall
be included as part of the site plan proposal presented for consideration
before the approving board.
A.
Purpose. The purpose of these provisions is to provide
proper guidelines and specifications for landscaping of all development.
"Landscaping" shall be defined as the means of improving the aesthetic
value of a project or project sites through the use of grass, ground
covers, plantings, shrubs and trees in a coherent manner consistent
with good design practices. It is specifically intended to accomplish
the following purposes:
(1)
To improve the aesthetics of a building site by the
blending together of various unrelated elements into a harmonious
whole;
(2)
To reduce air and sound pollution; regulate solar
radiation and wind control; to provide flood control;
(3)
To influence the type and speed of pedestrian and
vehicular traffic flow;
(4)
To reduce visual discomfort by screening out glare
and reflection;
(5)
To stabilize soils by preventing soil erosion and
otherwise restore a building site to a balanced environment wherever
a project causes excessive removal of existing vegetation.
B.
Site protection.
(1)
Topsoil.
(a)
Topsoil moved during the course of construction
shall be redistributed on the site on all regraded surfaces. At least
four inches of even cover shall be added to all disturbed areas of
the development and shall be stabilized by seeding or planting.
(b)
All slopes and minor drainage swales over 10%,
and all major drainage swales shall be sodded or stabilized by other
means acceptable to the approving board upon recommendation of the
Township Engineer. Before construction of the development has begun,
selected samples of the existing topsoil at various locations of the
site shall be taken as directed by the Municipal Engineer and shall
be sent to Rutgers University for analysis and classification. During
the course of construction as lots are finished as to grading, seeding,
etc., selected samples shall again be taken as directed by the Municipal
Engineer and sent to Rutgers University for analysis, classification
and comparison with the original sample of the general area to determine
whether topsoil has been properly preserved and redistributed.
(2)
Slopes.
(a)
Landscaping of the area of all cuts and fills
and/or terraces shall be sufficient to prevent erosion, and all roadway
slopes steeper than one foot vertically to three feet horizontally
shall be planted with ground covers appropriate for the purpose and
soil conditions, water availability, and environment.
(b)
Changes of grade levels may be achieved by any
combination of the following methods, and the minimum standards shall
be in accordance with the construction specifications:
[1]
Raised flower beds constructed with timber,
railroad ties, brick, brick veneer, pre-cast stone, rock, stone or
similar materials.
[a]
Pre-cast planters, as well as planters
constructed on-site, shall have properly designed drainage or weeping
holes and shall incorporate proper footings where required.
[2]
Terracing. Terracing shall be designed to prevent
soil erosion.[1]
[3]
Retaining walls, with properly installed weeping
and drainage holes, on proper footings, with approved anchorage and
supports. Materials may be of, but not limited to, timber, railroad
ties, brick, cinder block, brick veneer, rock, stone, pre-cast concrete
with veneered surfaces or any similar materials approved by the Municipal
Engineer.
[4]
Other techniques.
[a]
Rock gardens, reflecting pools,
artificially cycled fountains, waterfalls, formal and/or informal
sunken gardens.
[b]
Landscaped swales and depressed
walkways of tan bark, wood chips, pine needles, pebbles or sand.
[c]
Incorporation of berms, mounding
of soil on-site, either natural or man-made, may be used to achieve
changes of grade, provided it is properly landscaped with turf or
ground cover.
[d]
Ravine slopes, drainage and swale
slopes, steep stream banks properly landscaped with permanent ground
cover, or drywall rock or similar material or rock gardening so as
to prevent soil erosion and promote plant growth. These may be terraced
or slope graded.
(3)
Stream corridors.
(a)
The objective of landscaping of stream valleys
and other water features is to protect adjacent, upstream and downstream,
private and public lands from direct and substantial increased flood
damage from:
(b)
Specific requirements.
[1]
Subject to contradictory regulations promulgated
by the DEP, all streams, estuaries, creeks, brooks, tributaries and
floodplains (hereinafter referred to as "streams") shall comply with
the following regulations:
[a]
All streams shall be properly de-snagged
of all extraneous debris, dead and decaying vegetation.
[b]
All banks shall be protected from
erosion caused by runoff and flooding or wind damage. Protection against
erosion may be achieved by, but not limited to, the use of permanent
ground cover, vegetation, drywall construction or any approved combination
of the same. The encouragement of plants, ferns and shading vegetation
is desired.
[c]
A conservation area of a minimum
of 50 feet in depth from the center line of said stream shall be clear
of all extraneous debris, and dead and decaying vegetation. This area
may incorporate appropriate approved selective thinning, the result
of which will encourage the healthy woodland growth of existing trees
and shrubs which enhances the degree of recharge. No removal of trees,
shrubs, etc., on the list of New Jersey Protected Trees will be permitted.
Landscaping of this buffer zone is permitted in keeping with a natural
setting. The type and amount of vegetation cover shall encourage the
stabilization of the soil and prevent erosion and increased runoff.
(4)
Woodlands and trees.
(a)
Protection of existing plantings.
[1]
A maximum effort shall be made to save specimens
of plantings which are unique due to their relative size or rarity.
Trees with a diameter of 14 inches or greater measured at a height
of three feet from the ground level shall be inventoried and marked
and described on the building plan. The following species of trees
shall be identified and marked on the building plan if they exceed
three inches or greater in diameter measured three feet from ground
level: all specimen trees listed in the Manual of Woody Landscape
Plants, Michael A. Dirr, Stipes Publishing Company, Current Edition.
Applicant shall identify a tree protection area in the building plan
which shall include all areas on the lot except the proposed building
footprint, and 10 feet extending in all directions from the proposed
building footprint, and the driveway plus three feet from the edge
of the driveway. All specified tree and shrubs meeting the above criteria
within the tree protection area shall not be removed unless specifically
approved by the approving board or as otherwise provided herein. An
applicant for subdivision approval shall identify a tentative building
footprint for each lot, and if the building footprint is moved by
more than 10 feet within the building envelope after final approval
is granted, an amended tree protection area for the lot shall be reviewed
and approved by the Director of the Department of Community Development
or his designee.
[Amended 7-24-2000 by Ord. No. 29-00]
[2]
No material or temporary soil deposits shall
be placed within four feet of shrubs or 10 feet of trees designated
to be retained on the subdivision plat or site plan.
[3]
Protective barriers or tree wells shall be installed
around each tree, plant and/or group of trees or plants that are to
remain on the site during and after construction. The barrier shall
be installed before any tree removal permit or construction permit
is issued. Barriers shall not be supported by the plants they are
protecting, but shall be self-supporting. They shall be a minimum
of four feet high and constructed of a durable material that will
last until construction is completed. Snow fences and silt fences
are examples of acceptable barriers.
[4]
The grade of land located within six feet of
a tree shall not be raised or lowered more than six inches unless
compensated by welling or retaining methods herein described.
[a]
Tree wells are to be constructed
around each tree or group of trees before any grades are increased.
Wells are to be constructed of uncemented stone, block or any other
suitable material. This well should be a minimum of three feet in
diameter for four inches or less caliper tree with the wall located
18 inches from the trunk with the construction starting on existing
grade so as not to disturb roots with foundation construction. For
trees of more than four inches caliper, there should be added one
foot to the diameter of the well for each inch caliper over four inches
as measured 12 inches above natural ground level.
[b]
Retaining walls are to be constructed
around each tree or group of trees immediately after the grade is
lowered. This retaining wall is to be constructed of railroad ties,
or any other suitable material subject to the approval of the Municipal
Engineer.
[5]
Any cleaning within six feet of tree trunks
must be done by hand. No equipment is to be placed over this area
and no building materials are to be attached against the tree or within
the area of the aforesaid barrier.
[6]
No tree is to support any scaffolding, signs,
temporary utility or any other device. Topsoil is to be stockpiled
in an area at least eight feet from any tree designated to remain.
(b)
Removal of debris.
[1]
All stumps and other tree parts, litter, brush,
weeds, excess or scrap building materials, or other debris shall be
removed from the site and disposed of in accordance with the law.
No tree stumps, portions of tree trunks or limbs shall be buried anywhere
in the development. All dead or dying trees, standing or fallen, shall
be removed from the site. If trees and limbs are reduced to chips,
they may, subject to approval of the Municipal Engineer, be used as
mulch in landscaped areas.
(c)
Existing vegetation.
[1]
In all residential developments, the developer
shall be required to preserve as much of the existing vegetation as
possible. The preservation of existing healthy trees along roadways
may reduce the requirements for the planting of additional street
trees, otherwise set forth herein.
C.
Planting.
(1)
General.
(a)
In residential developments, besides the screening
and street trees required, additional plantings or landscaping elements
shall be required throughout the subdivision or site plan where necessary
for climate control, privacy, or for aesthetic reasons, in accordance
with a planting plan approved by the approving board.
(b)
In nonresidential developments, all areas of
the site not occupied by a building and required improvements shall
be landscaped by the planting of grass or other ground cover, shrubs,
and trees, or the preservation of existing ground cover, shrubs, and
trees, in accordance with a planting plan approved by the approving
board.
(c)
At a minimum, the equivalent of at least two
shrubs and one shade or ornamental tree of two-and-one-half-inch caliper
or greater shall be provided for each 1,500 square feet of area of
a residential development not covered by buildings or improvements
and for each 1,000 square feet of nonresidential development. Existing
healthy specimen trees may be included in satisfying these requirements.
These plantings shall be in addition to any other landscaping requirements,
including landscaping of off-street parking areas and buffer areas.[2]
(d)
The periphery of all buildings and the yard
areas, not covered by parking and not subject to other special landscaping
requirements contained herein, shall be suitably landscaped. Such
landscaping shall employ low-maintenance, hardy shrubs, hedges, ground
covers and trees as well as gravel, mulches, decorative concrete and
brick.
(e)
On slopes, the landscape plan shall recommend
plantings that prevent erosion.
(f)
Along major roads, the plantings should buffer
the adjoining uses from noise and lights.
(g)
On north slopes, the plantings should be sufficient
to serve as a wind screen; and to the south, the landscaping should
be sufficient to provide shade from the hot summer sun.
(h)
The overall landscaping plan should "break up"
long buildings and screen off parking, service and utility areas.
The plan should provide for a variety of different species to protect
against disease attacking all of the plantings. A variety should be
selected with consideration for various seasons and of different colors,
textures, shapes, blossoms and foliage.
(i)
The landscape plan should be particularly sensitive
to local soil conditions, lack of or overabundance of water, topography
and climatological factors.
(2)
Parking areas.
(a)
All parking lots of 20 or more spaces for both
residential and nonresidential developments shall conform to the landscaping
design standards set forth herein.
(b)
All parking lot landscaping shall be of such
quality as to improve and enhance the site and its surrounding areas.
Appropriate places for landscaping include the raised walkways or
sidewalk areas, at the end of bays, and in specific planting islands
established throughout the lots. In narrow islands, low-spreading
and low-maintenance plants, such as English ivy, creeping juniper,
myrtle or pachysandra, shall be utilized. Where more space is available,
yews, juniper or forsythia shall be utilized.
(c)
The primary landscaping materials used in parking
lots shall be trees which provide shade or are capable or providing
shade at maturity. Shrubbery, hedges and other planting material may
be used to complement the tree landscaping, but shall not be the sole
contribution to the landscaping. Effective use of earth berms and
existing topography is also encouraged as a component of the landscape
plan.
(d)
The landscaping and planting areas shall be
reasonably dispersed throughout the parking lots. Trees should be
a mixture of flowering, decorative, evergreen and deciduous. Trees
in parking areas should be clumped at critical corners or areas to
break up the mass of cars apparent to the eye. They should also be
located with care so as not to obstruct the vision of the driver.
(e)
The interior dimensions of any planting area
or planting median shall be sufficient to protect the landscaping
materials planted therein and to insure proper growth.
(f)
In those instances where plant material exists
on a parking lot site prior to its development, such landscape material
may be used in the discretion of the approving board.
(g)
Peripheral landscaping shall be required along
any side of a parking lot that abuts adjoining property that is not
a right-of-way.
(h)
A landscaping strip at least five feet in width
shall be located between the parking area and the abutting property
lines.
[1]
One tree for every 50 linear feet of lot line
shall be planted in the landscaping strip.
[2]
In addition to the required trees, a wall, hedge
or other durable landscape barrier shall be planted or installed.
The height of any such hedge shall be no less than three feet and
no more than seven feet. The height of any wall or other durable landscape
barrier shall be no less than five feet and no more than seven feet.
[3]
One shrub or vine for each 10 feet of nonliving
durable barrier shall be planted between the parking lot and the barrier,
and the barrier and the abutting property line.
(i)
Street landscaping shall be required along any
side of a parking lot that abuts the right-of-way of any street, road
or highway.
(j)
A landscaping strip at least 10 feet in depth
shall be located between the abutting right-of-way and the parking
lot.
[1]
One tree shall be planted for each 40 linear
feet of the landscaping strip.
[2]
A hedge, wall or other durable landscape barrier
of at least 2 1/2 feet in height shall extend the entire length
of the landscaping strip. The first 25 feet on both sides of any accessory
driveway pavement is excluded from this requirement.
[3]
One shrub or vine for each 10 feet of nonliving
durable barrier shall be planted between the barrier and the street
and between the barrier and the parking lot.
(k)
Except as otherwise set forth in this chapter, not less than 20% of the gross parking area of any parking lot shall be landscaped. Such required landscaping shall be in addition to the landscaping required by Subsection C(2)(g), (h), (i) and (j) above.
[1]
Shade trees shall be planted 70 feet on center
as part of the landscape requirement in all parking lots.
(3)
Plant selection.
(a)
All plants shall be nursery grown and of a species
suitable for US Department of Agriculture Hardiness Zone 6. Dead and
dying materials shall be replaced by the developer during the two
growing seasons following planting and the estimated costs of such
replacement shall be included in the estimate prepared for any maintenance
guarantees which the developer is required to post under this chapter.
(b)
Plant selection shall also conform to a list
of plant materials recommended for planting in the Township on file
in the Department of Community Development.
(c)
Plant material used should not be of the exotic
variety requiring substantial maintenance or material highly subject
to pollution, salt damage along highways and current insect disease
manifestations.
(4)
Specifications.
(b)
All plant materials must conform to the horticulture
standards as set forth by the American Association of Nurserymen.
(c)
Planting holes must be a minimum of 12 inches
larger in diameter and six inches deeper than the soil ball or root
mass, excluding ground covers, and backfilled with a planting mixture
incorporating a minimum of 25% organic matter by volume.
(e)
Trees shall be staked in the following manner:
[1]
Two stakes shall be driven a minimum of two
feet into undisturbed soil outside the planting hole.
[2]
Stakes when driven must be 1/2 to 2/3 the height
of the tree measured from ground level.
[3]
Stakes shall be two inches' diameter minimum
at the thick end.
[4]
Stakes shall be placed in line with prevailing
winds.
[5]
Stakes shall be attached to the tree with twelve-gauge
galvanized wire covered with rubber or plastic hose. Where wire is
likely to come in contact with the tree trunk, an alternate material
to be used may be any of the commercially available materials designed
for staking trees; provided it is approved by the Municipal Engineer.
[6]
The loop in contact with the tree shall be loose
enough to permit growth and prevent girdling for two years, but shall
be tightly bound to the stake to prevent slipping.
(f)
Wrapping. Each tree shall be wrapped with an
expandable paper or cloth treated to last at least one year.
(h)
Trees and shrubs must be planted only when the
soil is frost free and friable.
(i)
All planting beds must be covered, and the type
of covering to be used must be noted on the landscape plan.
[1]
Where mulches are used, a layer of black, four-mil
polyethlyne or its equivalent must be used to reduce weed growth.
Minimum required depth of placement is four inches.
[2]
An approved chemical pre-emergence, nonselective
herbicide may be used in lieu of the polyethlyne. The chemical to
be used must be specified on the landscape plan and used according
to directions.
[3]
Ground covers are required in place of grass
in small restricted areas such as tree and shrub planters.
(j)
All planted beds surrounded by grass must be
edged by a physical edging, in accordance with Township standard specifications,
flush with the soil to permit mowing.
(k)
Sod is to be used in place of seeding for more
rapid establishment and effect, except for areas exceeding one acre.
In any area exceeding one acre, at least one acre must be sodded.
(l)
Ground cover areas and steep banks greater than
15% must be planted with an approved ground cover and an approved
mulch.
(m)
If wood chips are to be used as a mulch, they
must follow Township standard specifications.
(n)
All seed mixtures and sod types must meet the
approval of the Municipal Engineer.
A.
Adequate lighting shall be provided if off-street
parking spaces are to be used at night. The lighting shall be arranged
and installed to minimize glare on property in a residential district.
(1)
Lighting should be located along streets, in parking
areas, at intersections and where various types of circulation systems
merge, intersect, or split. Pathways, sidewalks and trails should
be lit using low or mushroom-type standards. Stairways and sloping
or rising paths require illumination, as do building entrances and
exits. Lighting should also be provided where buildings are set back
or offset.
B.
All direct glare is prohibited. The maximum amount
of light permitted is that produced by lights on standards not to
exceed the maximum height allowed in the zone and shielded to restrict
the maximum apex angle of the cone of illumination to 135°.
C.
Standards upon which lights are placed should be spaced
at a distance approximately equal to four times the height. The maximum
height should be in scale with the surroundings and should not exceed
the maximum building height permitted.
D.
Spotlights, if used, should not be located on buildings
and faced outward. Spotlights should be put on standards pointing
toward the structures.
E.
The standards and style of light should be consistent
with the type and style of the architecture of the buildings. The
mounting height shall be not more than 18 feet and arranged to give
a fairly uniform lighting pattern of at least one footcandle throughout
the lot.
[Amended 3-15-2010 by Ord. No. 2010-03]
F.
Intersecting, converging and diverging roadway areas
at grade require higher illumination than that recommended. The illumination
in these areas should be at least equal to the sum of the illumination
values provided on the roadways which form the intersection.
G.
The lowest footcandle value at any point on the pavement
should not be less than 1/3 the average value. The only exception
to the requirement applies to residential roadways, where the lowest
footcandle value at any point may be as low as 1/6 the average value.
H.
The maximum intensity of illumination permitted on
roadways and walkways is as set forth in Appendix K which is hereby
incorporated herein.[1]
[1]
Editor's Note: Appendix K, Schedule of Maximum Intensity of Illumination, is included at the end of this chapter.
I.
If the approving board includes as a condition of
approval the installation of streetlighting on a dedicated public
street connected to a public utility, then upon notification in writing
by the developer to the board and Township Council that the streetlighting
on a dedicated public street has been installed and accepted for service
by the public utility and that certificates of occupancy have been
issued for at least 50% of the dwelling units and 50% of the floor
area of the nonresidential uses on the dedicated public street or
portion thereof, the Township shall, within 30 days following receipt
of the notification, make appropriate arrangements with the public
utility for, and assume the payment of, the costs of the streetlighting
on the dedicated public street on a continuing basis. Compliance by
the Township with the provisions of this section shall not be deemed
to constitute acceptance of the street by the municipality.
J.
Streetlighting.
[Added 3-25-1996 by Ord. No. 6-96]
(1)
Streetlighting standards of a type and number approved
by the approving authority shall be installed at street intersections
and elsewhere if deemed necessary by the approving authority.
(2)
The developer shall arrange for the provision of streetlights,
at his expense, under the requirements for "contribution fixtures"
as established by the Board by Public Utilities Commissioners Tariff
No. 6 Electric Part No. 3, effective 4-25-1983. The developer shall
also provide for the installation of underground service for streetlighting
at his cost.
A.
Each major application for residential development
shall include provisions for the collection, disposition, and recycling
of recyclable materials.
(1)
Each single-family unit or unit within a two-family
dwelling should provide at least 12 square feet of floor area conveniently
arranged and located as a holding area for a four-week accumulation
of materials. Such an area may be within a laundry room, basement
or garage.
(2)
Each multifamily dwelling unit or accessory dwelling
unit must provide at least three square feet of area conveniently
arranged and located to hold a one-week accumulation of recyclable
materials. Each multifamily complex must also provide bins in a convenient
location or locations in a common area as dropoffs for storing recyclables
until collection occurs. The holding area shall provide for truck
access and loading and shall be suitably screened from view and set
back from property lines.
B.
Each application for a nonresidential use which utilizes
1,000 square feet or more of land shall include provisions for the
collection, disposition and recycling of recyclable materials. Each
application shall quantify the amount of recyclable material it will
generate as part of its weekly operation, including newspapers, white
high-grade paper, glass, aluminum, cardboard, tin and bimetal cans.
The application shall provide a storage area sized to contain a one-week
accumulation of recyclable material. The storage area shall be designed
for truck access for pickup of materials and be suitably screened
from view if located outside a building.
A.
Off-street parking.
(1)
Dimensional standards.
(a)
Each off-street parking space shall consist
of a rectangular area with dimensions in accordance with the following
standards:
|
Stall Angle
(degrees)
|
Stall Width
|
Curb Length Per Car
|
Stall Depth
|
Driveway Width
| |
|---|---|---|---|---|---|
|
0°
|
10 feet 0 inches
|
23 feet 0 inches
|
10 feet 0 inches
|
12 feet 0 inches
| |
|
45°
|
10 feet 0 inches
|
14 feet 2 inches
|
20 feet 6 inches
|
13 feet 0 inches
| |
|
60°
|
10 feet 0 inches
|
11 feet 6 inches
|
20 feet 6 inches
|
18 feet 0 inches
| |
|
90°
|
10 feet 0 inches
|
10 feet 0 inches
|
20 feet 0 inches
|
24 feet 0 inches
|
(b)
Notwithstanding the aforesaid dimensional standards,
parking spaces, ramps, etc., shall be provided for the physically
handicapped, in accordance with the New Jersey Barrier-Free Design
regulations (N.J.A.C. 5:23-7.1 et seq.) and this chapter.
(c)
Back-up areas with a minimum depth of 10 feet
shall be provided in all parking lots where there are dead-end aisles.
(d)
Planting beds shall have a minimum width of
five feet.
(e)
Wherever planted material is likely to interfere
with vehicular parking, island width shall be increased by two feet
and that area covered with mulch.
(f)
Single island parking length shall be a minimum
of 19 feet, double island parking length shall be a minimum of 38
feet to protect the vehicles parked in each parking row.
(g)
Curb return radii adjacent to traffic flow shall
be a minimum of five feet.
(2)
Layout.
(a)
Off-street parking spaces, together with appropriate
access thereto, shall be provided on the same lot as the building
it is intended to serve. Parking facilities may be located in any
yard space except where specifically prohibited but shall not be closer
than five feet from any side yard or rear yard property line.
(b)
Off-street parking spaces shall be separated
from walkways, sidewalks, streets, or alleys by a wall, fence or curbing
or other approved protective device, or by distance so that vehicles
cannot protrude over publicly owned areas.
(c)
Each parking space shall consist of a suitably
graded, drained and unobstructed rectangular area in the plane of
which no straight line shall have a grade in excess of 6% or less
than 1%.
(d)
Parking areas shall be surfaced with bituminous
pavement or concrete pavement, the design of which shall be approved
by the Municipal Engineer and clearly marked by painted lines or curb
or other means to indicate individual parking spaces. These provisions
shall not apply to the construction of single-family detached dwellings
as defined herein.
(e)
All planting islands shall be enclosed by poured
concrete curbing, Belgian block or railroad ties meeting Township
engineering standards.
(f)
Islands shall be located at both ends of each
parking row. Intermediate islands shall be installed within each parking
row whenever there are more than 20 parking spaces in the row and
subsequently shall be constructed whenever more than 10 parking spaces
are intervening in the parking row. Islands constructed to channelize
traffic flow within the parking lot shall also be landscaped.
B.
Loading.
[Amended 5-13-1996 by Ord. No. 20-96; 8-11-1997 by Ord. No.
31-97; 12-13-1999 by Ord. No. 36-99; 10-23-2006 by Ord. No. 46-2006; 6-25-2007 by Ord. No.
2007-10; 3-16-2020 by Ord. No. 2020-09; 2-23-2021 by Ord. No. 2021-01]
A.
Scope and purpose.
(1)
Policy statement. Flood control, groundwater recharge,
and pollutant reduction shall be achieved through the use of stormwater
management measures, including green infrastructure best management
practices (GI BMPs) and nonstructural stormwater management strategies.
GI BMPs and low impact development (LID) should be utilized to meet
the goal of maintaining natural hydrology to reduce stormwater runoff
volume, reduce erosion, encourage infiltration and groundwater recharge,
and reduce pollution. GI BMPs and LID should be developed based upon
physical site conditions and the origin, nature, and the anticipated
quantity or amount of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
(2)
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in § 250-78B.
(3)
(4)
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.
B.
CAFRA CENTERS, CORES OR NODES
CAFRA PLANNING MAP
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGNATED CENTER
DESIGN ENGINEER
DEVELOPMENT
DISTURBANCE
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOOD
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREAS
EROSION
GREEN INFRASTRUTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
(1)
(a)
(b)
(c)
(d)
(2)
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
(1)
(2)
(3)
(4)
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
(3)
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
TIDAL FLOOD HAZARD AREA
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONE
URBAN REDEVELOPMENT AREA
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions. For the purpose of this section, the
following terms, phrases, words and their derivations shall have the
meanings stated herein unless their use in the text of this chapter
clearly demonstrates a different meaning. When not inconsistent with
the context, words used in the present tense include the future, words
used in the plural number include the singular number, and words used
in the singular number include the plural number. The word "shall"
is always mandatory and not merely directory. The definitions below
are the same as or based on the corresponding definitions in the stormwater
management rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
coastal planning areas, CAFRA centers, CAFRA cores and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this chapter.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Board of Chosen Freeholders
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The New Jersey Department of Environmental Protection.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. In the case of development of agricultural lands,
"development" means any activity that requires a state permit; any
activity reviewed by the County Agricultural Board (CAB) and the State
Agricultural Development Committee (SADC), and municipal review of
any activity not exempted by the Right to Farm Act, N.J.S.A 4:1C-1
et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
A neighborhood designated by the Urban Coordinating Council
in consultation and conjunction with the New Jersey Redevelopment
Authority pursuant to N.J.S.A 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership, such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including but not limited to stream corridors; natural heritage
priority sites; habitats of endangered or threatened species; large
areas of contiguous open space or upland forest; steep slopes; and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a "subwatershed," which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee, pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual development, as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of regulated impervious surface
since February 2, 2004;
The creation of 1/4 acre or more of regulated motor vehicle
surface since March 2, 2021 (or the effective date of this section,
whichever is sooner); or
"Major development" includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection (1)(a), (b), (c) or (d) of this definition. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, "motor vehicle" does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf-carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicle and/or aircraft, and is directly exposed to
precipitation, including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
The Township of Old Bridge.
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 the best management practice to contribute to compliance with 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 § 250-78D(6) of this chapter and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, Old Bridge Township, or political subdivision of this
state and any state, interstate or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. 2011 et seq.)], thermal waste, wrecked or discarded
equipment, rock, sand, cellar dirt, industrial, municipal, agricultural,
and construction waste or runoff, or other residue discharged directly
or indirectly to the land, groundwaters or surface waters of the state,
or to a domestic treatment works. "Pollutant" includes both hazardous
and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or
Quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant, where the water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of these
goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers
resulting from precipitation.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
defined as previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as “hydrophytic vegetation.”
C.
Design and performance standards for stormwater management
measures.
(1)
Stormwater management measures for major development
shall be designed to provide erosion control, groundwater recharge,
stormwater runoff quantity control, and stormwater runoff quality
treatment as follows:
(a)
The minimum standards for erosion control are those established under
the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.,
and implementing rules at N.J.A.C. 2:90.
(b)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quality, and stormwater runoff quantity shall
be met by incorporating green infrastructure.
(2)
The standards in this section apply only to new major
development and are intended to minimize the impact of stormwater
runoff on water quality and water quantity in receiving water bodies
and maintain groundwater recharge. The standards do not apply to new
major development to the extent that alternative design and performance
standards are applicable under a regional stormwater management plan
or water quality management plan adopted in accordance with Department
rules.
D.
Stormwater management requirements for major development.
(1)
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 250-78J.
(2)
Stormwater management measures shall avoid adverse
impacts of concentrated flow on habitats for threatened and endangered
species as documented in the Department's Landscape Project or Natural
Heritage Database established under N.J.S.A. 13:1B-15.147 through
13:1B-15.150, particularly Helonias bullata (swamp pink) and/or Clemmys
muhlenbergii (bog turtle).
(3)
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of § 250-78D(16), (17), and (18):
(a)
The construction of an underground utility line,
provided that the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground utility line,
provided that the existing conditions are maintained to the maximum
extent practicable; and
(c)
The construction of a public pedestrian access,
such as a sidewalk or trail with a maximum width of 14 feet, provided
that the access is made of permeable material.
(4)
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of § 250-78D(15), (16), (17), and (18) may be obtained for the enlargement of an existing public roadway or railroad, or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(a)
The applicant demonstrates that there is a public
need for the project that cannot be accomplished by any other means;
(b)
The applicant demonstrates, through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of § 250-78D(15), (16), (17), and (18) to the maximum extent practicable;
(c)
The applicant demonstrates that, in order to meet the requirements of § 250-78D(15), (16), (17), and (18), existing structures currently in use, such as homes and buildings, would need to be condemned; and
(d)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under § 250-78D(4)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 250-78D(15), (16), (17), and (18) that were not achievable on-site.
(5)
Section 250-78D, 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 § 250-78D(15), (16), (17), and (18). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f), Tables 5-1, 5-2 and 5-3, and listed below in § 250- 78D, Tables 1, 2 and 3, are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
(6)
Where the BMP tables in the NJ Stormwater Management Rule are different
due to updates or amendments with the tables in this section, the
BMP tables in the Stormwater Management Rule at N.J.A.C. 7:8-5.2(f)
shall take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry Well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass Swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
|
Green Roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured Treatment Device(a)(g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious Paving System(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-Scale Bioretention Basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-Scale Infiltration Basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-Scale Sand Filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative Filter Strip
|
60-80
|
No
|
No
|
—
|
(Notes corresponding to annotations(a) through (g) are found below Table 3.)
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention System
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration Basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand Filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard Constructed Wetland
|
90
|
Yes
|
No
|
N/A
|
|
Wet Pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
(Notes corresponding to annotations (b) through (d) are found below Table 3.)
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue Roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended Detention Basin
|
40-60
|
Yes
|
No
|
1
|
|
Manufactured Treatment Device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand Filter(c)
|
80
|
Yes
|
No
|
1
|
|
Subsurface Gravel Wetland
|
90
|
No
|
No
|
1
|
|
Wet Pond
|
50-90
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 250-78D(15)(b).
|
|
(b)
|
Designed to infiltrate into the subsoil.
|
|
(c)
|
Designed with underdrains.
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation.
|
|
(e)
|
Designed with a slope of less than 2%.
|
|
(f)
|
Designed with a slope of equal to or greater than 2%.
|
|
(g)
|
Manufactured treatment devices that meet the definition of "green infrastructure" at § 250-78B.
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at § 250-78B.
|
(7)
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with § 250-78F(2). Alternative stormwater management measures may be used to satisfy the requirements at § 250-78D(15) only if the measures meet the definition of "green infrastructure" at § 250-78B. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 250-78D(15)(b) are subject to the contributory drainage area limitation specified at § 250-78D(15)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at § 250-78D(15)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 250-78D(4) is granted from § 250-78D(15).
(8)
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
(9)
Design standards for stormwater management measures are as follows:
(a)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(b)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 250-78H(3);
(c)
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5
shall be deemed to meet this requirement;
(d)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 250-78H; and
(e)
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of 2 1/2 inches
in diameter.
(10)
Manufactured treatment devices may be used to meet the requirements of this section, 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 § 250-78B may be used only under the circumstances described at § 250-78D(15)(d).
(11)
Any application for a new agricultural development that meets the definition of "major development" at § 250-78B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 250-78D(15), (16), (17), and (18) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
(12)
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 250-78D(16), (17), (18) shall be met in each drainage area, unless the runoff from the drainage areas converges on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
(13)
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Middlesex County Administration Building, 4th Floor, 75 Bayard Street, New Brunswick, New Jersey, 08901. 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 § 250-78D(15), (16), (17), and (18) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 250-78J(2)(e). Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
(14)
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to § 250-78D of this chapter 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 Middlesex County Administration Building, 4th Floor, 75 Bayard Street, New Brunswick, New Jersey, 08901, and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with § 250-78D(13) above. Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality in accordance with § 250-78D(13) above.
(15)
Green infrastructure standards.
(a)
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at § 250-78D(16) and (17), the design engineer shall utilize green infrastructure BMPs identified in § 250-78D, Table 1, at § 250-78D(6), and/or an alternative stormwater management measure approved in accordance with § 250-78D(7). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry Well
|
1 acre
|
|
Manufactured Treatment Device
|
2.5 acres
|
|
Pervious Pavement Systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
|
Small-scale Bioretention Systems
|
2.5 acres
|
|
Small-scale Infiltration Basin
|
2.5 acres
|
|
Small-scale Sand Filter
|
2.5 acres
|
(c)
To satisfy the stormwater runoff quantity standards at § 250-78D(18), the design engineer shall utilize BMPs from § 250-78D, Table 1, or from § 250-78D, Table 2, and/or an alternative stormwater management measure approved in accordance with § 250-78D(7).
(d)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 250-78D(4) is granted from the requirements of this subsection, then BMPs from § 250-78D, Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with § 250-78D(7), may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 250-78D(16), (17), (18).
(e)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at § 250-78D(16), (17), and (18), unless the project is granted a waiver from strict compliance in accordance with § 250-78D(4).
(16)
Groundwater recharge standards. This subsection contains the minimum
design and performance standards for groundwater recharge as follows:
(a)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 250-78E, either:
[1]
Demonstrate through hydrologic and hydraulic analysis that the site
and its stormwater management measures maintain 100% of the average
annual preconstruction groundwater recharge volume for the site; or
[2]
Demonstrate through hydrologic and hydraulic analysis that the increase
of stormwater runoff volume from preconstruction to post-construction
for the two-year storm is infiltrated.
(b)
This groundwater recharge requirement does not apply to projects
within the urban redevelopment area, or to projects subject to § 250-78D(16)(d)
below.
(c)
The following types of stormwater shall not be recharged:
[1]
Stormwater from areas of high pollutant loading. High pollutant loading
areas are areas in industrial and commercial developments where solvents
and/or petroleum products are loaded/unloaded, stored, or applied;
areas where pesticides are loaded/unloaded or stored; areas where
hazardous materials are expected to be present in greater than reportable
quantities, as defined by the United States Environmental Protection
Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent
with Department-approved remedial action work plan or landfill closure
plan; and areas with high risks for spills of toxic materials, such
as gas stations and vehicle maintenance facilities; and
[2]
Industrial stormwater exposed to source material. "Source material"
means any material(s) or machinery, located at an industrial facility,
that is directly or indirectly related to process, manufacturing or
other industrial activities which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
(17)
Stormwater runoff quality standards.
(a)
This subsection contains the minimum design and performance standards
to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
(b)
Stormwater management measures shall be designed to reduce the post-construction
load of total suspended solids (TSS) in stormwater runoff generated
from the water quality design storm as follows:
[1]
Eighty percent TSS removal of the anticipated load, expressed as
an annual average, shall be achieved for the stormwater runoff from
the net increase of motor vehicle surface.
[2]
If the surface is considered regulated motor vehicle surface because
the water quality treatment for an area of motor vehicle surface that
is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load, expressed as an annual average.
(c)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under an NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with § 250-78D(17)(b) above, unless the major development is itself subject to an NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(d)
The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected § 250-78D, Table 4, below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.
|
Table 4-Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
(e)
If more than one BMP in series is necessary
to achieve the required 80% TSS reduction for a site, the applicant
shall utilize the following formula to calculate TSS reduction:
|
R = A + B – (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
| ||
(f)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in § 250-78D(16), (17), and (18).
(g)
In accordance with the definition of "FW1" at
N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed
to prevent any increase in stormwater runoff to waters classified
as FW1.
(h)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(i)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(j)
These stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
(18)
Stormwater runoff quantity standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
(b)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 250-78E, complete one of the following:
[1]
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the preconstruction runoff hydrographs for the same
storm events;
[2]
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the preconstruction condition, in the
peak runoff rates of stormwater leaving the site for the two-, ten-,
and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
[3]
Design stormwater management measures so that the postconstruction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75% and 80%, respectively, of the preconstruction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
[4]
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with § 250-78D(18)(b)[1], [2], and [3] above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three, will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
(c)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
E.
Calculation of stormwater runoff and groundwater recharge.
(1)
Stormwater runoff shall be calculated in accordance
with the following:
(a)
The design engineer shall calculate runoff using
one of the following methods:
[1]
The USDA Natural Resources Conservation Service
(NRCS) methodology, including the NRCS Runoff Equation and Dimensionless
Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part
630, Hydrology National Engineering Handbook, incorporated herein
by reference as amended and supplemented. This methodology is additionally
described in Technical Release 55 - Urban Hydrology for Small Watersheds
(TR-55), dated June 1986, incorporated herein by reference as amended
and supplemented. Information regarding the methodology is available
from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf
or at United States Department of Agriculture Natural Resources Conservation
Service, 220 Davison Avenue, Somerset, New Jersey, 08873; or
[2]
The Rational Method for peak flow and the Modified
Rational Method for hydrograph computations. The Rational and Modified
Rational Methods are described in "Appendix A-9 Modified Rational
Method" in the Standards for Soil Erosion and Sediment Control in
New Jersey, January 2014. This document is available from the State
Soil Conservation Committee or any of the Soil Conservation Districts
listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone
number for each Soil Conservation District is available from the State
Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625.
The document is also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
(b)
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology at § 250-78E(1)(a)[1] and the Rational and Modified Rational Methods at § 250-78E(a)(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).
(c)
In computing preconstruction stormwater runoff,
the design engineer shall account for all significant land features
and structures, such as ponds, wetlands, depressions, hedgerows, or
culverts, that may reduce preconstruction stormwater runoff rates
and volumes.
(d)
In computing stormwater runoff from all design
storms, the design engineer shall consider the relative stormwater
runoff rates and/or volumes of pervious and impervious surfaces separately
to accurately compute the rates and volume of stormwater runoff from
the site. To calculate runoff from unconnected impervious cover, urban
impervious area modifications as described in the NRCS Technical Release
55 — Urban Hydrology for Small Watersheds or other methods may
be employed.
(e)
If the invert of the outlet structure of a stormwater
management measure is below the flood hazard design flood elevation
as defined at N.J.A.C. 7:13, the design engineer shall take into account
the effects of tailwater in the design of structural stormwater management
measures.
(2)
Groundwater recharge may be calculated in accordance
with the following: The New Jersey Geological Survey Report GSR-32,
A Method for Evaluating Ground-Water 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 https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf;
or at New Jersey Geological Survey, 29 Arctic Parkway, P.O. Box 420,
Trenton, New Jersey 08625-0427; (609) 984-6587.
F.
Sources for technical guidance.
(1)
Technical guidance for stormwater management measures
can be found in the documents listed below, which are available to
download from the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(a)
Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in § 250-78D, Tables 1, 2, and 3.
(b)
Additional maintenance guidance is available
on the Department's website at: https://www.njstormwater.org/maintenance_guidance.htm.
(2)
Submissions required for review by the Department
should be mailed to: The Division of Water Quality, New Jersey Department
of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton,
New Jersey 08625-0420.
G.
Solids and floatable materials control standards.
(1)
Site design features identified under § 250-78D(6) above, or alternative designs in accordance with § 250-78D(7) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 250-78G(1)(b) below.
(a)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
[1]
The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines; or
[2]
A different grate, if each individual clear space in that grate
has an area of no more than 7.0 square inches, or is no greater than
0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
[3]
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than 7.0 square inches, or be no greater than 2.0
inches across the smallest dimension.
(b)
The standard in § 250-78G(1)(a) above does not apply:
[1]
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than 9.0 square inches;
[2]
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
[3]
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
[a]
A rectangular space 4.625 inches long and 1.5 inches
wide (this option does not apply for outfall netting facilities);
or
[b]
A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement of requirements
in the Residential Site Improvement Standards for bicycle-safe grates
in new residential development [N.J.A.C. 5:21-4.18(b)2 and 5:21-7.4(b)1];
[4]
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
water quality design storm as specified in N.J.A.C. 7:8; or
[5]
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the Jersey Register listed historic property.
H.
Safety standards for stormwater management basins.
(1)
This section sets forth requirements to protect public
safety through the proper design and operation of stormwater management
BMPs. This section applies to any new stormwater management BMP.
(2)
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in § 250-78H(3)(a), (b), and (c) for trash racks, overflow grates, and escape provisions at outlet structures.
(3)
Requirements for trash racks, overflow grates and
escape provisions.
(a)
A trash rack is a device designed to catch trash
and debris and prevent the clogging of outlet structures. Trash racks
shall be installed at the intake to the outlet from the stormwater
management BMP to ensure proper functioning of the BMP outlets in
accordance with the following:
[1]
The trash rack shall have parallel bars, with
no greater than six-inch spacing between the bars;
[2]
The trash rack shall be designed so as not to
adversely affect the hydraulic performance of the outlet pipe or structure;
[3]
The average velocity of flow through a clean
trash rack is not to exceed 2.5 feet per second under the full range
of stage and discharge. Velocity is to be computed on the basis of
the net area of opening through the rack; and
[4]
The trash rack shall be constructed of rigid,
durable, and corrosion-resistant material and designed to withstand
a perpendicular live loading of 300 pounds per square foot.
(b)
An overflow grate is designed to prevent obstruction
of the overflow structure. If an outlet structure has an overflow
grate, such grate shall meet the following requirements:
[1]
The overflow grate shall be secured to the outlet
structure but removable for emergencies and maintenance.
[2]
The overflow grate spacing shall be no less
than two inches across the smallest dimension.
[3]
The overflow grate shall be constructed and
installed to be rigid, durable, and corrosion-resistant, and shall
be designed to withstand a perpendicular live loading of 300 pounds
per square foot.
(c)
Stormwater management BMPs shall include escape
provisions as follows:
[1]
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to § 250-78H(3), a freestanding outlet structure may be exempted from this requirement;
[2]
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2 1/2 feet. Such safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See § 250-78H(5) for an illustration of safety ledges in a stormwater management BMP; and
[3]
In new stormwater management BMPs, the maximum
interior slope for an earthen dam, embankment, or berm shall not be
steeper than three horizontal to one vertical.
(4)
Variance or exemption from safety standards.
(a)
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.
(5)
Safety ledge illustration.
|
Elevation View - Basin Safety Ledge Configuration
 |
I.
Requirements for a site development stormwater plan.
(1)
Submission of site development stormwater plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at § 250-78I(3) below as part of the submission of the application for approval.
(b)
The applicant shall demonstrate that the project
meets the standards set forth in this section.
(c)
The applicant shall submit five copies of the materials listed in the checklist for site development stormwater plans in accordance with § 250-78I(3).
(2)
Site development stormwater plan approval. The applicant's
site development project shall be reviewed as a part of the review
process by the municipal board or official from which municipal approval
is sought. That municipal board or official shall consult the municipality's
review engineer to determine if all of the checklist requirements
have been satisfied and to determine if the project meets the standards
set forth in this section.
(3)
Submission of site development stormwater plan. The
following information shall be required:
(a)
Topographic base map. The reviewing engineer
may require upstream tributary drainage system information as necessary.
It is recommended that the topographic base map of the site be submitted
which extends a minimum of 200 feet beyond the limits of the proposed
development, at a scale of one inch equals 200 feet or greater, showing
two-foot contour intervals. The map as appropriate may indicate the
following: existing surface water drainage, shorelines, steep slopes,
soils, erodible soils, perennial or intermittent streams that drain
into or upstream of the Category One waters, wetlands and floodplains
along with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
(b)
Environmental site analysis: a written and graphic
description of the natural and man-made features of the site and its
surroundings should be submitted. This description should include
a discussion of soil conditions, slopes, wetlands, waterways and vegetation
on the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
(c)
Project description and site plan(s): 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 may also be provided.
(d)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of § 250-78C through J are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(e)
Stormwater management facilities map. The following
information, illustrated on a map of the same scale as the topographic
base map, shall be included:
[1]
Total area to be disturbed, paved or built upon,
proposed surface contours, land area to be occupied by the stormwater
management facilities and the type of vegetation thereon, and details
of the proposed plan to control and dispose of stormwater.
[2]
Details of all stormwater management facility
designs, during and after construction, including discharge provisions,
discharge capacity for each outlet at different levels of detention
and emergency spillway provisions with maximum discharge capacity
of each spillway.
(f)
Calculations.
[1]
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and postdevelopment conditions for the design storms specified in § 250-78D.
[2]
When the proposed stormwater management control
measures depend on the hydrologic properties of soils or require certain
separation from the seasonal high-water table, then a soils report
shall be submitted. The soils report shall be based on 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.
(g)
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 250-78J.
(h)
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in § 250-78I(3)(a) through (f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
J.
Maintenance and repair.
(1)
Applicability. Projects subject to review as in § 250-78A(3) shall comply with the requirements of § 250-78J(2) and (3).
(2)
General maintenance.
(a)
The design engineer shall prepare a maintenance
plan for the stormwater management measures incorporated into the
design of a major development.
(b)
The maintenance plan shall contain specific
preventative maintenance tasks and schedules; cost estimates, including
estimated cost of sediment, debris, or trash removal; and the name,
address, and telephone number of the person or persons responsible
for preventative and corrective maintenance (including replacement).
The plan shall contain information on BMP location, design, ownership,
maintenance tasks and frequencies, and other details as specified
in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to
the type of BMP, as described in the applicable chapter containing
design specifics.
(c)
If the maintenance plan identifies a person other than the property
owner (for example, a developer or homeowners' association) as having
the responsibility for maintenance, the plan shall include documentation
of such person's or entity's agreement to assume this responsibility,
or of the owner's obligation to dedicate a stormwater management facility
to such person under an applicable ordinance or regulation.
(d)
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
(e)
The maintenance plan and any future revisions based on § 250-78J(2)(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(f)
Preventative and corrective maintenance shall
be performed to maintain the functional parameters (storage volume,
infiltration rates, inflow/outflow capacity, etc.) of the stormwater
management measure, including, but not limited to, repairs or replacement
to the structure; removal of sediment, debris, or trash; restoration
of eroded areas; snow and ice removal; fence repair or replacement;
restoration of vegetation; and repair or replacement of nonvegetated
linings.
(g)
The party responsible for maintenance identified under § 250-78J(2)(c) above shall perform all of the following requirements:
[1]
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
[2]
Evaluate the effectiveness of the maintenance plan at least once
per year and adjust the plan and the deed as needed; and
[3]
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by § 250-78J(2)(f) and (g) above.
(h)
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 10 days to effect maintenance and
repair of the facility in a manner that is approved by the municipal
engineer or his designee. The municipality, in its discretion, may
extend the time allowed for effecting maintenance and repair for good
cause. If the responsible person fails or refuses to perform such
maintenance and repair, the municipality or county may immediately
proceed to do so and shall bill the cost thereof to the responsible
person. Nonpayment of such bill may result in a lien on the property.
(3)
Nothing in this section shall preclude the municipality
in which the major development is located from requiring the posting
of a performance or maintenance guarantee in accordance with N.J.S.A.
40:55D-53.
(4)
Stormwater management BMPs responsibilities. The following
shall apply to allocate responsibility for stormwater management BMPs:
(a)
A stormwater management facility required for
a commercial or industrial development. Whenever a stormwater management
BMP is required for a commercial or industrial development, the basin
shall be a part of an individual lot owned and maintained by the property
owner. No responsibility, maintenance or otherwise, shall be transferred
to the Township.
(b)
Stormwater management facility required for
a rental multifamily (e.g., apartments) development. Whenever a stormwater
management BMP is required for a development approval for a rented
multifamily building (e.g., apartments), the detention basin shall
be a part of the development and provisions for long-term maintenance
of the basin shall be established. No responsibilities, maintenance
or otherwise, shall be transferred to the Township.
(c)
Stormwater management facility required for
the development of a for-sale, multifamily (e.g., condos, townhouses,
etc.) development. Whenever a stormwater management BMP is required
for a developmental approval for a multifamily building which will
be sold to individual owners, the stormwater management BMPs shall
be part of a common open space owned by a homeowners' association.
No responsibilities, maintenance or otherwise, shall be transferred
to the Township.
(d)
Single-family detached dwellings requiring stormwater
management BMPs. Whenever a stormwater management BMP is required
in connection with developmental approvals for single-family detached
dwellings, the long-term maintenance of the stormwater management
BMP shall be the responsibility of the developer or the homeowners'
association created for the residential development. The aforesaid
obligation of maintenance shall be required by the approving board
to be memorialized and recorded as a deed restriction on the lot involved.
No such facility shall be modified or eliminated following issuance
of the initial certificate of occupancy unless the Township of Old
Bridge permits such modification or elimination, which shall be approved
by the Township Engineer and the Planning or Zoning Board.
K.
Dedication of easements. The approving board may require
easements along drainage ways, natural watercourses, steep slopes
and other unique botanical, historical, geological and paleontological
areas located therein or adjacent to a proposed development. The easement
shall be indicated on the plan and shall be marked on the land by
iron pipes at angle points and or property corners at sufficient locations
to enable the easements to be surveyed. In such cases, the approving
board shall consult with the Township Planner, Township Engineer,
and the Environmental Commission in determining the required shape
and size of the easement. The easement shall be in a form approved
by the approving board's attorney and shall include provisions assuring
the following:
(1)
Preservation of the channel and floodplain of the
watercourse, including the right to clean, de-snag and all such work
necessary to maintain the shape, slope and water flow of the watercourse.
(2)
Prohibition of any removal of trees and other cleaning
and grading not directly related to the preservation of the channel
of a watercourse.
(3)
Grant of a right to the Township to install and maintain
any drainage facilities necessary for the health and safety of the
public.
(4)
Right-of-entry to the Township to install and maintain
any drainage facilities therein.
L.
Sump pumps and underdrains to be connected to stormwater
sewer system.
(1)
All sump pumps or other forced pump systems which
are installed below grade of any structure for the purpose of removing
water which has infiltrated such structure shall be directly connected
into the stormwater system.
(2)
All drainage collection systems which are installed
below the surface of lands in any development (commonly referred to
as "underdrains") shall be directly connected into the storm sewer
system.
(3)
It shall be unlawful to disconnect any sump pump or underdrain which is connected to the storm sewer system. It shall be unlawful to connect any sump pump or underdrain to any sanitary sewer line or main. Any person violating this subsection shall be subject to the penalty set forth in § 250-100, Violations and penalties, of this chapter. Any person who continues to violate this subsection after receiving notice to terminate such violation shall be guilty of continuing violations. Each day such violation continues after notice to cease shall constitute a separate violation.
(4)
The requirements of this subsection shall be a mandatory
condition of all development approvals granted by the Planning Board
or Township Board of Adjustment. The said requirements shall also
be applicable and enforceable with respect to any previously approved
development or portion thereof which has not yet been constructed.
(5)
The Township Engineer may, upon his or her own initiative
or upon request, waive the requirements of this subsection. Such waiver
shall be based upon good engineering practice and a determination
of hydrologic or soil conditions that proves that such a waiver is
in the public interest.
M.
Water facilities.
(1)
General requirements.
(a)
Necessary action shall be taken by the applicant
to extend or create a water supply district for the purpose of providing
a water supply system capable of providing water for domestic use
and fire protection.
(b)
Where a public water main is accessible, the
developer shall install adequate water facilities (including fire
hydrants) subject to the specifications of the state and local authorities.
All water mains shall be at least eight inches in diameter, except
lines for domestic service only which may be six inches. All waterlines
are to be looped wherever practical to provide for continuous flow.
(c)
Water main extensions shall be approved by the
Municipal Utilities Authority of the Township.
(d)
To facilitate the above, the tentative location
of all fire hydrants and waterlines shall be shown on the preliminary
and final plan.
(2)
Individual well and central water systems.
(a)
At the discretion of the approving board, if
a public water system is not available, individual wells may be used
or a central water system provided in such a manner that an adequate
supply of potable water will be available to the development. Water
samples shall be submitted to the Health Department for its approval,
and individual wells and central water systems shall be approved by
the appropriate health and permitting authorities. Copies of all approvals
shall be submitted to the approving board.
(b)
Appropriate grants shall be given to the fire
district having jurisdiction over the property to utilize the individual
wells and central water system for fire-fighting purposes and protection
of the general health and welfare of the public.
(c)
If the approving board requires that a connection
to a public water main be eventually provided as a condition to approval
of an individual well or central water system, the applicant shall
make arrangements for future water service at the time the plan receives
final approval. Performance bonds or cash bonds shall be required
to insure compliance with this provision.
(3)
Fire hydrants.
(a)
Fire hydrants shall be required for all development
projects. Fire hydrants shall be located no more than 500 feet apart
and within 250 feet of any structure, and their location shall be
approved by the Township Fire Marshall. To eliminate future street
openings, all underground utilities for fire hydrants, together with
the fire hydrants themselves, and all other supply improvements shall
be installed before any final paving of a street shown on the development
plan.
(b)
Where more than one hydrant connects a waterline,
the waterline shall be a minimum of eight inches in diameter up to
the next-to-last hydrant. The last section of waterline to the last
hydrant may be six inches. In the event that the waterline may be
extended in the future, then the waterline shall be eight inches in
diameter to its terminus.
N.
Sewerage facilities.
(1)
General requirements. The applicant shall install
sanitary sewer facilities in a manner prescribed by the Township Municipal
Utilities Authority construction standards and specifications. All
plans shall be designed in accordance with the rules, regulations
and standards of said Authority Engineer, the Township Health Department,
and other appropriate agencies. Plans shall be approved by the above
agencies.
(2)
High-density residential and nonresidential districts.
Sanitary sewerage facilities shall connect with public sanitary sewerage
systems. Sewers shall be installed to serve each lot and to grades
and sizes required by approving officials and agencies.
(3)
Low- and medium-density residential districts. Sanitary
sewerage systems shall be constructed where a public sanitary sewerage
system is reasonably accessible. The applicant shall connect with
same and provide sewers accessible to each lot in the subdivision.
(4)
Individual disposal system requirements. If public
facilities are not available and individual disposal systems are proposed,
percolation tests and test holes shall be made as directed by the
Township Health Officer. The individual disposal system, including
the size of the septic tanks and size of the tile fields or other
secondary treatment device, shall also be approved by the Health Officer.
(5)
Alternate sewerage treatment facilities. An applicant
may consider the use of domestic sewerage for spray irrigation, where
appropriate, to conserve use of potable water and recharge the aquifer
especially in open space areas and on golf courses subject to the
approval of the DEP.
O.
Utilities; location. All utility facilities, except
major transmission lines, including, but not limited to, gas, electric
power, telephone and CATV cables, shall be located underground throughout
the development. Wherever existing utility facilities are located
above ground, except where existing on public roads and rights-of
way, they shall be removed and placed underground. All utility facilities
existing and proposed throughout the subdivision shall be shown on
the preliminary plan and final plan.
P.
Easements. Easements for water and sewer lines and
other utilities shall be provided and be of the size and form required
by the respective utility or authority.
Q.
Penalties. Any person who erects, constructs, alters,
repairs, converts, maintains, or uses any building, structure or land
in violation of this section shall be guilty of maintaining a nuisance
and upon conviction thereof before any court of competent jurisdiction
shall be fined no less than $100 nor more than $500 and costs. Each
day that such nuisance is maintained shall constitute a separate offense.
R.
Effective date. This section shall take effect immediately
upon the approval by the county review agency, or 60 days from the
receipt of the ordinance by the county review agency if the county
review agency should fail to act.
S.
Severability. If the provisions of any section, subsection,
paragraph, subdivision, or clause of this section shall be judged
invalid by a court of competent jurisdiction, such order of judgment
shall not affect or invalidate the remainder of any section, subsection,
paragraph, subdivision, or clause of this section.
A.
Material specifications.
(1)
This section provides minimum standards of quality
and performance for the basic materials used in the construction of
signs.
(2)
Design and construction. Only materials permitted
in the State of New Jersey Uniform Construction Code (N.J.A.C. 5:23
et seq.) and the conditions set forth in that code shall be used in
the manufacture and installation of signs. The latest subcodes approved
by the State of New Jersey shall apply.
[Amended 6-25-2007 by Ord. No. 2007-10]
(4)
Plastic.
(a)
Approved plastic materials. Approved plastic
materials shall be those meeting the requirements of the New Jersey
State Uniform Construction Code.
[Amended 6-25-2007 by Ord. No. 2007-10]
(b)
Design and construction.
[1]
Plastic materials. The mechanical and thermal
properties of plastics vary between manufacturers as well as types
of plastics. This fact must be considered when designing sign faces.
Manufacturer's recommendations will be utilized when available and
applicable.
[3]
Flat sign face. Flat sign faces shall be designed
to limit deflection of the face from damaging internal lighting components
or disengagement under positive wind loads, and from disengagement
or suckout under negative wind loads without creating stress build-up
in the face which will cause fracture or crazing of the plastic. The
design must also insure against buckling and sagging of the face under
the weight of the face and the design temperatures and otherwise provide
for a visually acceptable appearance of the sign face.
[4]
Formed sign faces. Formed faces shall be designed
in accordance with the same criteria specified for flat sign faces.
In addition, the plastic manufacturer's recommendations for minimum
inside edge and corner radii must be followed.
[5]
Design and construction. The general design
and construction of fabricated plastic faces should be in accordance
with the plastic manufacturer's recommendation.
[6]
Qualification. If, in the opinion of the Township
Construction Code Official, the sign design does not meet the above
standards, a certified record of a physical test of the sign face
under design conditions must be submitted by the sign manufacturer
to the Township Engineer for approval.[2]
[7]
Structural steel. Structural steel used in the
construction of on-premises electrical signs must meet the requirements
of the New Jersey State Uniform Construction Code. Exposed steel shall
conform to A.I.S.C. Specifications for Architecturally Exposed Steel.[3]
[8]
Miscellaneous. All exposed metal, unless galvanized
or noncorroding, shall be painted.
B.
Installation specifications.
(1)
Wind loads. Signs and sign structures shall be designed
and constructed to resist wind forces as specified in the Uniform
Construction Code.
(2)
Seismic loads. Signs and sign structures shall be
designed and constructed to resist seismic forces as specified in
the Uniform Construction Code.
(3)
Combined loads. Wind and seismic loads need not be
combined in the design of signs or sign structures; only that loading
producing the larger stresses need be used. Vertical design loads,
except roof live loads, shall be assumed to be acting simultaneously
with the wind or seismic loads.
(4)
Allowable stresses. The design of wood, concrete,
steel or aluminum members shall conform to the requirements of the
Uniform Construction Code. Loads, both vertical and horizontal, exerted
on the soil shall not produce stresses exceeding those specified in
the Uniform Construction Code. The working stresses of wire rope and
its fastenings shall not exceed 25% of the ultimate strength of the
rope fasteners. Working stresses for wind or seismic loads combined
with dead loads may be increased as specified in the Uniform Construction
Code.
(5)
General. Signs and sign structures shall be designed
and constructed to resist wind and seismic forces as specified in
this section. All bracing systems shall be designed and constructed
to transfer lateral forces to the foundations. For signs on buildings,
the dead and lateral loads shall be transmitted through the structural
frame of the building to the ground in such a manner as not to over-stress
any of the elements thereof. The overturning moment produced from
lateral forces shall, in no case, exceed 2/3 of the dead-load resisting
moment. Uplift due to overturning shall be adequately resisted by
proper anchorage to the ground or to the structural frame of the building.
The weight of earth superimposed over footings may be used in determining
the dead-load resisting moment. Such earth shall be carefully placed
and thoroughly compacted.
(6)
Anchorage. Members supporting unbraced signs shall
be so proportioned that the bearing loads imposed on the soil in either
direction, horizontal or vertical, shall not exceed the sale values.
Braced ground signs shall be anchored to resist the specified wind
or seismic load acting in any direction. Anchors and supports shall
be designed for safe bearing loads on the soil and for an effective
resistance pullout amounting to a force 25% greater than the required
resistance to overturning. Anchors and supports shall penetrate to
a depth below ground greater than that of the frost line. Portable
ground signs supported by frames or posts rigidly attached to the
base will be adequate to resist the wind. Masonry, concrete, or steel
shall be safely and securely fastened thereto by means of metal anchors,
bolts or approved expansion screws of sufficient size and anchorage
to support safely the loads applied. No wooden blocks or plugs or
anchors with wood used in connection with screws or nails shall be
considered proper anchorage except in the case of signs attached to
wood framing. No anchor or support of any sign shall be connected
to, or supported by, an unbraced parapet wall unless such wall is
designed for seismic zones in the Uniform Construction Code.
(7)
Supports. The supports for all signs and sign structures
shall be placed in or upon private property and shall be securely
built, constructed, and erected in conformance with the requirements
of this chapter. All signs shall be of such a design that all framework
for the lateral support of the sign shall be contained within the
sign's body or within the structures of the building to which it is
attached in such a manner as not to be visible to any person. Exposed
guy wires, chains or other connections should not be made as a permanent
support of the sign. Where necessary, the projecting cantilever system
shall be used to support signs, and the A-frame system should not
be used. No sign nor any guy, stay or attachment thereto shall be
erected, placed or maintained by any person on rocks, fences or trees,
nor in such a manner as to interfere with any electric light, power,
telephone or telegraph wires, or the support thereof.
(8)
Electrical. All wiring shall be contained in rigid
conduit or enclosed in poles or raceways. In no case should the wiring
be exposed to the view of the public. All electrical components, connections
and installations shall conform to the New Jersey Uniform Construction
Code, Electrical Subcode.
(9)
Clearance from high voltage power lines shall be located
not less than six feet horizontally or 12 feet vertically from overhead
electrical conductors which are energized in excess of 750 volts.
The terms "overhead conductors" as used in this section means any
electrical conductor, either bare or insulated, installed above the
ground, except such conductors as are enclosed in iron pipe or other
material covering of equal strength.
(10)
Clearance from fire escapes, exits or standpipes.
No sign or sign structure shall be erected in such a manner that any
portion of its surface or supports will interfere in any way with
the free use of any fire escape, exit or standpipe.
(11)
Obstruction of openings. No sign shall obstruct
any openings to such an extent that light or ventilation is reduced
to a point below that which meets accepted safety standards. Signs
erected within five feet of an exterior wall in which there are openings
shall be constructed of noncombustible material or approved plastics.
A.
The Township, by appropriate action of the governing
body, may at any time, and from time to time, accept the dedication
of land or any interest therein for public use and maintenance.
B.
The developer utilizing an alternative development option, pursuant to Article VIII of this chapter, shall provide for an organization for the ownership and maintenance of any open space, including streets, for the benefit of owners or residents of the development, if said open space is not dedicated to and accepted by the Township. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Township.
C.
In the event that such organization shall fail to
maintain the open space in reasonable order and condition, the administrative
officer may serve written notice upon such organization or upon the
owners of the development setting forth the manner in which the organization
has failed to maintain the open space in reasonable condition, and
said notice shall include a demand that such deficiencies of maintenance
be cured within 35 days thereof, and shall state the date and place
of a hearing thereon which shall be held within 15 days of the notice.
At such hearing, the administrative officer may modify the terms of
the original notice as to deficiencies and may give a reasonable extension
of time not to exceed 65 days within which they shall be cured. If
the said deficiencies set forth in the original notice or in the modification
thereof shall not be cured within 35 days or any permitted extension
thereof, the Township, in order to preserve the open space and maintain
the same for a period of one year, may enter upon and maintain such
land. Said entry and maintenance shall not vest in the public any
rights to use the open space except when the same is voluntarily dedicated
to public by the owner thereof. Before the expiration of said year,
the administrative officer shall, upon his initiative or upon the
request of the organization theretofore responsible for the maintenance
of the open space, call a public hearing upon 15 days' written notice
to such organization and to the owners of the development, to be held
by the administrative officer, at which hearing such organization
and the owners of the development shall show cause why such maintenance
by the Township shall not, at the election of the Township, continue
for a succeeding year. If the administrative officer shall determine
that such organization is ready and able to maintain said open space
in reasonable condition, the Township shall cease to maintain such
open space at the end of said year. If the administrative officer
shall determine such organization is not ready and able to maintain
said open space in a reasonable condition, the Township may, in its
discretion, continue to maintain said open space during the next succeeding
year, subject to a similar hearing and determination, in each year
thereafter. The decision of the administrative officer in any such
case shall constitute a final administrative decision subject to judicial
review.
D.
The cost of such maintenance by the Township shall
be assessed pro rata against the properties within the development
that have a right of enjoyment of said open space in accordance with
their assessed value at the time of imposition of the lien and shall
become a lien on said properties to be added to and be a part of the
taxes to be levied and assessed thereon, and enforced and collected
with interest by the same officers and in the same manner as other
taxes.
E.
The appropriate documentation necessary to establish
the open space organization hereinabove referred to shall contain
the provisions set forth herein and shall be subject to the review
and approval of the approving board attorney prior to filing or recording
with the appropriate county or state agency.
[Amended 7-9-2001 by Ord. No. 36-01]
In addition to the design standards otherwise set forth in this Article X, the design standards provided in the document entitled "Town Centre District Zoning and Design Standards" as revised June 21, 2001, are hereby incorporated into this chapter and shall be adhered to for all development in the Town Centre Design Zone. Where the standards contained therein conflict with the standards otherwise set forth in this article, the standards therein shall govern.
The purpose of this section is to provide for
the reasonable control of construction in areas containing critical
or sensitive environmental features, where improper construction would
result in a negative or irreversible impact on the environment. Development
control shall be by means of special construction standards intended
to promote the health, safety and general welfare of the public by
minimizing adverse environmental impact.
A.
Critical area requirements. Lands in which any development
will have an adverse impact on the environment that cannot be mitigated
shall be deemed critical and shall be identified by the following
characteristics:
(1)
Property in or on tidal or coastal waters.
(2)
Tidal and coastal wetlands.
(3)
Freshwater wetlands.
(4)
Steep slopes greater than or equal to 30%. Slopes
with a continuous vertical drop of less than four feet shall not be
deemed critical for the purpose of this section.
(5)
Surface waters and floodways as delineated on the
Flood Boundary and Floodway Maps of the Township of Old Bridge prepared
by FEMA. Waterways with less than 50 acres of contributory drainage
area to the downstream most point of the project site shall not be
deemed to have a critical floodway.
B.
Construction limitations in critical areas.
(1)
Notwithstanding any other provision of this chapter,
no building or structure shall be erected, constructed or enlarged
above or below ground level, nor shall any soil or vegetation be disturbed
within a critical area except as permitted in this section.
(2)
No building or structure shall be erected, constructed
or enlarged above or below ground level within 50 feet of the top
of a critical steep slope as defined above. The Board may reduce the
required distance based upon a finding by the Municipal Engineer that
design adequately provides for the safety of the structure as well
as the preservation of the slope.
(3)
A land disturbance permit shall be required prior
to soil or vegetative disturbance on, or within 50 feet of, the top
of a critical slope.
C.
Permitted construction in critical areas. The following
may be permitted by the Board in critical areas:
(1)
Dams, culverts, bridges or other drainage structures
for the control of floodwaters, providing all approvals of applicable
agencies are obtained, and that the Board finds that the facilities
are designed in such manner so as not to result in unnecessary disturbance
and the destruction of the natural character of the area.
(2)
Natural open spaces, woodland preserves, wildlife
sanctuaries, and arboretums.
(3)
Utility mains, sewage pumping or metering stations
and electrical transmission lines and appurtenances.
(4)
Game farms and hunting preserves.
(5)
Reforestation in accordance with recognized conservation
practices and applicable agency approvals.
(6)
Recreation uses, such as parks, picnic groves, golf
courses and hunting clubs.
(7)
Marine recreation uses, such as marinas, swimming,
boating, canoeing, and fishing.
(8)
Accessory uses customarily incidental to any of the
above, but excluding buildings, on-site sewage disposal or treatment
facilities.
D.
Considerations for development in critical areas.
In considering construction in critical areas the Board may require
the following:
(1)
A complete site plan showing the location, construction
layout and details, phasing, and method of construction.
(2)
An environmental impact statement explaining the need
for the facility and the short- and long-range impacts on the environment.
(3)
The proposed method of construction and any alternate
methods customary for the facility proposed.
E.
Sensitive area requirements. Sensitive areas are lands
wherein additional caution is needed for development to take place,
in order to protect against substantial detriment to the environment.
Development control shall be by means of special performance standards
intended to promote the health, safety and general welfare of the
public by minimizing adverse environmental impact.
(1)
Sensitive areas shall be identified by the following
characteristics:
(a)
Steep slopes: where the gradient is greater
than or equal to 15%, but less than 30%. Slopes with a continuous
vertical drop of less than five feet shall not be deemed sensitive
for the purpose of this section.
(b)
Transition areas: pursuant to the New Jersey
Freshwater Wetlands Protection Act (N.J.S.A. 13:9B-1 et seq.).
(c)
Special flood hazard areas: as designated (Zones
A and B) on the current Flood Insurance Rate Maps of the Township
of Old Bridge.
(d)
Stream encroachment areas but excluding the
floodway of a stream or waterway as delineated or approved by NJDEP.
(e)
Nondelineated streams and waterways with less
than 50 acres of contributory drainage area.
(f)
Shallow water table, where the depth to the
seasonal high water table is less than four feet below the surface
of the ground.
(g)
Aquifer outcrop areas, as indicated in the Natural
Resource Inventory of the Township of Old Bridge.
(2)
Construction limitations in sensitive areas.
(a)
Notwithstanding any other provision of this
chapter, no building or structure shall be erected, constructed or
enlarged above or below ground level, nor shall any soil or vegetation
be disturbed within a sensitive area except as permitted in this section.
(b)
No building or structure shall be erected, constructed
or enlarged above or below ground level within 35 feet of the top
of a sensitive steep slope as defined above. The Board may reduce
the required distance based upon a finding by the Municipal Engineer
that the design adequately provides for the safety of the structure
as well as the preservation of the slope.
(c)
Structures may be permitted in aquifer outcrop
and shallow water tables, providing they comply with the requirements
listed below.
(3)
Requirements for construction in sensitive areas.
The following requirements shall supplement all other applicable standards
of this chapter and those of any agency having jurisdiction:
(a)
Steep slopes
[1]
The removal of trees and the disturbance of
soil shall be prohibited except in accordance with a plan approved
by the Municipal Engineer and all applicable agencies.
[2]
Disturbed areas shall be fine graded (if necessary)
and stabilized immediately following construction.
[3]
The flow of stormwater runoff above or upon
the slope shall be disbursed, conveyed or otherwise controlled in
a manner which will avert the concentration of surface flows.
[4]
Driveways shall be prohibited on steeps slopes
unless it is demonstrated to the satisfaction of the board that no
feasible alternative exists, in which case the driveway shall be graded
to a maximum of 10%.
(b)
Transition areas. Construction may be permitted
in New Jersey freshwater transition areas to the extent allowed by,
and in accordance with, the standards of NJDEP.
(c)
Special flood hazard areas. Construction may be permitted in areas of special flood hazard in accordance with the rules and regulations of Chapter 198, Flood Damage Prevention, of the Code of the Township of Old Bridge.
(d)
Stream encroachment areas. Construction may
be permitted in stream encroachment areas to the extent allowed by
and in accordance with the standards of NJDEP.
(e)
Nondelineated streams. Construction shall not
be permitted to alter, disrupt, or otherwise impede the flow of water
in a nondelineated waterway except in accordance with a plan approved
by the Municipal Engineer, applicable municipal board, and any agency
having jurisdiction.
(f)
Shallow water table.
[1]
Basements and cellars shall be prohibited in
lands containing a shallow water table unless it is demonstrated to
the satisfaction of the Municipal Engineer and board that it will
not significantly affect the water table or result in seepage through
or excessive pressure on the foundation wall.
[2]
Stormwater detention/retention facilities shall
be designed so as not to significantly affect nor be affected by the
shallow water table. Detention basin beds shall be at least two feet
above the seasonal high water table.
[3]
Filling to accommodate a septic system above
the water table in accordance with N.J.A.C. 7:9A-1.1 et seq. (amendments
to P.L. 1954, Chapter 199), may be permitted only where it is demonstrated
that the grading will not adversely affect runoff from the site or
otherwise negatively impact properties.
[4]
Underdrain systems may be required to intercept
and convey water away from streets, parking areas and structures.
(g)
Aquifer outcrop area.
[1]
Construction shall be prohibited unless it is
demonstrated to the satisfaction of the Municipal Engineer and board
that it will not have significant short-term adverse effects nor any
permanent or long-term negative impacts on the aquifer.
[2]
An aquifer recharge analysis and implementation
plan demonstrating that the volume of infiltration for groundwater
recharge will be maintained or exceeded in the post development state
must be approved by the Board.
[3]
Infiltration structures, recharge swales and
basin beds shall not be less than two feet above the seasonal high
water table for filtration purposes.
[4]
Building foundations shall not be closer than
15 feet as measured on a horizontal plane to an infiltration system.
[5]
Water supply wells shall be separated by a minimum
of 100 feet from infiltration structures or systems.
[6]
The proximity of infiltration systems to septic
systems shall be as recommended by the Board of Health.
[7]
Stormwater infiltration systems shall not be
constructed until disturbed areas contributing runoff to the system
have been stabilized.
