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Edgewater Park City Zoning Code

PART 5

Land Development Regulations

§ 310-20-1 Procedure generally.

It is recognized by the governing body that the adequate provision of on-site improvements and, to the extent required to properly service the project, off-site improvements, are a prime concern when evaluating an application for development under this title. The sections that follow are designed to give direction to an applicant with regard to improvements that are required. The precise nature of any improvement is left for discussion under Article 21, Design and Performance Standards Generally. The procedural requirements are discussed in this article.

§ 310-20-2 Improvement requirements.

A. 
Preliminary approval. All plans submitted in connection with preliminary approval shall indicate on the plans the nature of all improvements hereinafter required contemplated for the development application for which approval is sought. The improvement shall conform to the design requirements elsewhere set forth in this chapter and shall be sufficient in detail to determine whether compliance with the design standards has been achieved.
B. 
Final approval. No final plan shall be approved by the reviewing board unless:
(1) 
All improvements as required below have been completed and certified to by the reviewing agency's engineer; or
(2) 
The applicant shall file with the Board performance guarantees sufficient in amount to cover the cost of all such improvements or uncompleted portions thereof as estimated by the Board engineer to insure the installation of such uncompleted improvements shall occur on or before a specified date.
C. 
Types of improvements. The applicant for development application approval shall be required to indicate on all plans and to subsequently cause to be installed the following improvements:
(1) 
Street paving (base and surface course);
(2) 
Street signs and traffic control devices;
(3) 
Curbs and/or gutters;
(4) 
Sidewalks;
(5) 
Monuments;
(6) 
Storm sewers and other drainage structures;
(7) 
Approved sewer facilities;
(8) 
Streams;
(9) 
Topsoil, seeding and/or sodding;
(10) 
Fire hydrants;
(11) 
Recreational facilities and open space;
(12) 
Streetlighting;
(13) 
Shade trees and shrubbery;
(14) 
Ways designed for the movement of pedestrian, vehicular and animal traffic;
(15) 
Planted buffer strips;
(16) 
Underground wiring;
(17) 
Utility and drainage easements;
(18) 
Off-site improvements;
(19) 
Water supply;
(20) 
Erosion control and sedimentation control development.
D. 
Connection required. Where applicable, all improvements installed shall be properly connected with an existing system maintained by the Township prior to use or occupancy of any building or property.
E. 
Design standard. In designing the improvements listed above, the applicant shall observe the requirements and principles established in this chapter. These standards shall be deemed minimum standards and in all cases the applicant shall be required to design improvements to meet the present and future probable needs of the development. No application for development shall be approved which will place a burden upon the existing systems maintained by the Township.
F. 
Inspections. All improvements installed pursuant to this chapter shall be inspected and approved by the appropriate reviewing engineer prior to occupancy of any structures constructed upon the subdivision. The reviewing engineer shall be notified 48 hours in writing prior to the start of the various phases of work and if discontinued shall be again notified 24 hours in advance by phone when construction will be continued. Failure to notify the engineer as specified in this subsection shall constitute a violation of the provisions of this chapter and shall subject the violator to the penalty provisions hereinafter set forth.
G. 
Dedication by deed. The applicant shall have the right to offer for dedication to the Township any and all improvements listed above. The Township's governing body shall have the right to accept the uncoerced dedication of the improvements specified above where the Township has determined that the improvements have been properly installed. The improvements, however, shall not be deemed to have been accepted by the Township until formal action of acceptance has occurred. Said action shall be taken by the governing body through the adoption of a resolution pertinent to the subject matter at hand.

§ 310-20-3 Performance guarantees.

A. 
Posting and guaranteeing. Subject to the provisions of N.J.S.A. 40:55D-53, an applicant under the provisions of this chapter shall have the right, in lieu of constructing the improvements specified above prior to final approval, to post performance guarantees for that construction. Said performance guarantees shall guarantee to the Township that all improvements will be constructed in accordance with Township standards by a specified date and that the Township's governing body shall have the right subsequent to this date to make use of the guarantee to fund the necessary installation of these improvements. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Township for such utilities or improvements.
B. 
Amount. The reviewing engineer shall, where the applicant indicates a desire to post a performance guarantee, determine the amount necessary to install the improvements required in the event that the Township shall be required to install these improvements upon the default of the applicant. The amount specified by the engineer shall be the amount of the performance guarantee.
C. 
Types. Performance guarantees may be in any of the forms listed below:
(1) 
A performance bond issued by a bonding or surety company approved by the Township governing body by resolution;
(2) 
A certified check returnable to the applicant after completion of the certification procedure outlined in Subsection C(3) of this section;
(3) 
Letters of credit issued by a banking institution approved by the Township governing body by resolution;
(4) 
Any other type of surety recommended by the Township Attorney and approved by the Township governing body by resolution.
D. 
Approval and term. All performance guarantees shall be approved by the Township Attorney as to form, sufficiency and execution. Such performance guarantees shall run for a period to be fixed by the proving agencies, but in no case for a term of more than three years. However, with the consent of the builder and surety, if there be one, the Township governing body may by resolution, upon the recommendation of the reviewing board, exceed the term of such performance guarantees for additional periods of time not to exceed three years. As a condition, or as part of any such extension, the amount of any performance guarantee shall be increased, or reduced, as the case may be, to an amount not to exceed 120% of the cost of installation as determined by the governing body as of the time of passage of the resolution.
E. 
Reduction. The amount of the performance guarantee may be reduced by the Township governing body by resolution upon the recommendation of the reviewing engineer when portions of the required improvements have been installed in accordance with the provisions of this chapter. In the event of a reduction, the applicant shall present to the Township Clerk performance guarantees sufficient in the amount and form to meet the standards elsewhere set forth in this chapter for the remaining improvements to be completed. Upon presentment of these performance guarantees, the Township Clerk shall deliver the initial performance guarantees to the applicant for cancellation within seven days.
F. 
Default. In the event that the applicant shall fail to install the improvement required under the provisions of this chapter within the time period specified by the performance guarantee, or the extension thereof, the Township shall have the right subsequent to the date wherein performance is called for to make application against the performance guarantees for all funds required to cause the improvements to be installed in accordance with municipal standards. The obligor and/or surety shall, within 15 days, upon receipt of a written request from the Township, post with the Township Clerk the necessary funds to cause the improvement to be installed. These funds shall be deposited in regular Township accounts and be utilized by the Township to install the improvements called for. In addition to the above and not in limitation thereof, the municipality may also, by way of alternative, seek the specific performance from the obligor or surety in a court of competent jurisdiction.

§ 310-20-4 Maintenance guarantees.

A. 
Posting and guarantee. Subject to N.J.S.A. 40:55D-53(2), the applicant shall also, at the time approval is given on the installation of any of the improvements required under this chapter, post a maintenance guarantee covering the improvements so approved. This maintenance guarantee shall guarantee to the Township that there is no defect in workmanship or material in the improvements so installed that would permit the improvements to fail within a period of two years from the date the improvements are approved by the Township.
B. 
Amount. A maintenance guarantee required under this chapter shall be in the amount of 15% of the actual cost of the improvements installed and approved as determined by the reviewing engineer.
C. 
Types and approval. Maintenance guarantees shall be of the type and shall be approved in the same manner as is set forth under § 310-20-3C, except that the term of the maintenance guarantee shall only be for a period of two years.
D. 
Default. In the event that any of the improvements for which a maintenance guarantee shall be posted shall fail within a period of two years after final acceptance of the improvement by the Township as certified by the reviewing engineer, then, and in that event, the Township shall have the right to apply on the obligor or surety for all funds set forth within the maintenance guarantee to allow the Township to reconstruct or repair the improvements so installed. The obligor or surety shall within 15 days from written application by the Township post these funds with the Township Clerk whereupon the Township shall proceed in accordance with the provisions of law to make all necessary repairs or reconstruction of the improvements called for. The municipality may also by way of alternative seek a specific performance from the obligor or surety in court of competent jurisdiction.

§ 310-20-5 Approval procedures.

A. 
Request; inspection report. When all the necessary and appropriate improvements have been completed, the obligor shall notify the Township governing body, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the reviewing engineer. The Township governing body shall direct and authorize the reviewing engineer to inspect all of the aforesaid improvements. The reviewing engineer shall thereupon file a report, in writing, with the Township governing body, which report shall be detailed and shall indicate either approval, partial approval, or rejection. These said improvements or any position thereof shall not be approved or shall be rejected by the reviewing engineer and said report shall contain a statement of the reasons for such approval or rejection. Where said report indicates partial approval of the improvements, it shall indicate the cost of the improvements for which approval is rejected or withheld.
B. 
Acceptance or rejection. The Township governing body shall accept or reject improvements, grant partial approval, or withhold approval, on the basis of such report, and shall notify the obligor in writing by certified registered mail of the contents of said report and the action of the Township governing body with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. When partial approval is granted, the obligor shall be released from all liability pursuant to its performance guarantee bond, except for that portion adequate and sufficient to secure the improvements not yet approved.
C. 
No action. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, shall be released from all liability, pursuant to such performance guarantee.
D. 
Rejected items; completion. If any portion of said improvement shall not be approved or shall be rejected by the Township governing body, the obligor shall cause the same to be completed and, upon completion, the same procedure of notification as outlined herein shall be followed.

§ 310-20-6 Other matters.

A. 
Appeal. Nothing herein, however, shall be constructed in limitation of the obligor's right to contest or question by legal proceedings or otherwise any recommendation of the Township governing body, Planning Board or their agents.
B. 
Fees. The obligor shall be responsible for all of the reasonable inspection fees, incurred by the Township, in making the foregoing inspections.

§ 310-20-7 Off-site improvements generally.

Prior to the granting of preliminary approval to any application for development, the reviewing agency shall determine the off-site effects which approval of the applicant's plan shall have upon the road systems, stormwater drainage systems, sanitary sewer systems, and the potable water systems maintained by or for the Township. Where the reviewing board determines that the above-described off-site systems will be inadequate to properly service applicant's subdivision and thus create a danger or a burden to and upon the health, safety and welfare of the inhabitants of the development, inhabitants of the surrounding area adjacent to applicant's development, and/or in general, the inhabitants of the Township, unless the above-described systems are improved, updated, expanded or provided, the reviewing agencies shall, unless proper provisions pursuant to the following sections are made for the improvements, updating expansion or provision of these additional facilities, deny preliminary subdivision approval.

§ 310-20-8 Standards of review for off-site improvements.

The reviewing agencies, in determining that the off-site systems will be inadequate to properly service applicant's development, shall be guided by and take into consideration the following enumerated standards for the system referred to:
A. 
Road system.
(1) 
General requirements. Road systems leading to and from an applicant's project shall be adequate to handle the anticipated peak load capacity that will be generated from or through applicant's project when taken in concert with such other potential areas of development that may utilize the same road facilities.
(2) 
Specific reviewable factors. Specific reviewable factors include:
(a) 
A potential need and timing of other developments within the geographic area of applicant's development which may reasonably be expected to use or increase the demands upon the same systems utilized by the applicant;
(b) 
The increase of traffic generated by the applicant's development as determined by traffic count, existing projected traffic patterns, quality of roads in the area, life expectancy of existing facilities both within and outside of the applicant's subdivision, future developments within and outside the applicant's development, future developments within areas adjacent to applicant's development, and other factors related to the needs established by applicant's development;
(c) 
The peak capacity of the facilities under discussion;
(d) 
Traffic hazards created by proposed turns, stops, exits and traffic flows on the facilities under discussion;
(e) 
The existing or pending plans by other developments, local municipality, the county or the state to upgrade, improve or modify the facilities under discussion and whether such upgrading, improvement or modification will increase, have no effect, or diminish the demand upon the facilities under discussion and whether this upgrading, improvement or modification will create a burden upon the facilities reviewed.
(3) 
Data. The reviewing agency may require the furnishing of detailed reports at applicant's expense to assist the agency in determining whether or not the facilities available are adequate to meet the needs created by the applicant's project.
B. 
Stormwater drainage systems.
(1) 
General requirements. All developments for which approval is sought shall have available adequate off-site improvements designed to carry the increase in off-site surface water drainage caused by the development of the project and by future needs of the drainage basins as determined by the master drainage plan for the Township to adequate collection areas such as rivers, lakes or streams.
(2) 
Specified reviewable factors. The reviewing agency, in evaluating whether or not the applicant's plans conform to the above-stated requirement, may take into consideration the following:
(a) 
Applicant's land area and its relationship to the acreage of the total drainage basin to determine what the total needs of the drainage basin for stormwater drainage facilities would be if maximum allowable coverage occurs for the total acreage involved;
(b) 
Existing or proposed development in the drainage basin and its effect upon the facilities under discussion;
(c) 
Existing or proposed stormwater drainage within the drainage basin maintained by other developments, local municipality, the county or the state; their maximum peak load capacity; and the effect which applicant's project would have on these facilities;
(d) 
The use of the particular site and the uses reasonably contemplated for the balance of the drainage basin;
(e) 
The water table of the applicant's project;
(f) 
The nature of the soil conditions as they relate to percolation and absorption capacity;
(g) 
Capacity of existing facilities maintained within the drainage basin;
(h) 
The relationship that the drainage basin occupied by applicant's project bears to other drainage basins.
(3) 
Data. The reviewing agency may require the furnishing of detailed reports at the applicant's expense to determine whether or not the above requirements are met by the facilities in existence.
C. 
Potable water facilities.
(1) 
General requirements. All developments for which approval is sought shall have available an adequate water supply and distribution system capable of producing, at the entranceway to applicant's development, water pressure capable of generating pressure at 50 psi or delivering water at 750 gallons per minute with a residual pressure of 20 psi.
(2) 
Specific reviewable factors. The reviewing agency, in evaluating whether or not the development conforms to the above-stated requirements, may take into consideration the following:
(a) 
The reasonably anticipated peak load requirements of applicant's project as it relates to the capacity of existing or proposed systems owned, operated or provided under contract by the Township;
(b) 
The current capacity of the Township's water supply and distribution system at peak load to generate sufficient water at appropriate pressure to applicant's project after deducting the needs of all approved developments whether constructed or proposed;
(c) 
The potential for fire hazards if proper water pressure is not provided to applicant's project;
(d) 
The location of existing Township-owned water mains meeting the standards of the Township as set forth by ordinance;
(e) 
The location of proposed water main extensions, whether these extensions are to be installed by the local municipality or other developers, the county, or the state;
(f) 
The capacity of water mains, whether existing or proposed, to provide sufficient water or proper pressure to applicant's project;
(g) 
The size of applicant's project as it relates to the loss of pressure through friction from taking water through applicant's project;
(h) 
The need for water to be pumped to applicant's project;
(i) 
Proposed extension of water facilities through the Township in accordance with the master water plan prepared by the Township Engineer and how applicant's needs fit into this plan;
(j) 
The availability and sufficiency of on-site water facilities to handle applicant's needs;
(k) 
Requirements of county, state or federal administrative rules and regulations as they bear to the requirements for water supply to a project such as contemplated by the applicant's project.
D. 
Sanitary water facilities.
(1) 
General requirements. All developments for which approval is sought shall have available sufficient capacity at the sanitary sewerage disposal plans maintained by the Township to adequately treat the sewerage requirements of applicant's project and shall have a sewer main system available to deliver such sewerage to these plans for treatment, giving due consideration in both instances to previously approved if not yet constructed developments.
(2) 
Specific reviewable factors. The reviewing agency, in evaluating whether or not applicant's plans conform to above-stated requirements, may take into consideration the following:
(a) 
The reasonably anticipated peak load requirements of applicant's project as they relate to the capacity of existing or proposed systems owned, operated, or provided under contract by the Township;
(b) 
The applicant's land area and its relationship to acreage of the total drainage basin to determine what the total needs of the drainage basin are for sanitary water disposal facilities, if maximum allowable use occurs for the total acreage involved. The current capacity of the Township sewerage disposal plants at peak load to properly treat in conformity to prevailing standards, the sanitary water effluent that is currently being generated and that will be generated when taken together with that emanating from applicant's development;
(c) 
The adequacy of facilities such as pumping stations, mains and appurtenances to handle the increased flow to be generated by applicant's project upon construction;
(d) 
The use of the particular site uses reasonably contemplated for the balance of the drainage basin;
(e) 
Water table of applicant's development;
(f) 
Nature of soil conditions within the drainage basin occupied by applicant's development;
(g) 
The location of existing Township-owned sanitary sewer facilities meeting the standards of the Township as set forth by ordinance or state regulation;
(h) 
The size of applicant's project as it relates to the flow to be generated by construction of applicant's development;
(i) 
The requirements of the county, state or federal authorities as they relate to standards to be utilized in determining the provisions of proper sanitary sewer facilities to applicant's project;
(j) 
The proposed extension of sanitary sewer facilities through the Township in accordance with the master sanitary sewer plan and how applicant's needs fit into this plan, the nature and type of effluent to be anticipated from applicant's project and such special problems as may be required by different types of effluent which may require special equipment or added costs for treatment.

§ 310-20-9 Proper provision for off-site improvements.

In the event that the reviewing agency shall determine that the applicant's project cannot be approved without proper provision being made for off-site improvements, applicant's application shall be rejected, or, in the alternative, the applicant may provide for the provision of the needed off-site facility by obtaining from the Township governing body a certificate of adequacy, which shall determine that the applicant shall have available to his project, by the time application is made for certificate of occupancy, the needed off-site improvements.

§ 310-20-10 Certificate of adequacy for off-site improvements.

A. 
Application. An applicant seeking approval for an application for development may apply to the Township for a certificate of adequacy in the same fashion as that employed for an appeal from a determination of the reviewing agency.
B. 
Standards of review. The Township governing body shall review the needs of applicant's project for off-site systems and shall take into consideration in formulating a proper method for the provision of off-site improvements the following:
(1) 
Municipal improvement. Contemplated municipal improvements as they relate to the area of applicant's development, the timing of these projects, the contemplated cost of the projects as they relate to general improvements;
(2) 
Other developments. The construction of off-site improvements contemplated by other developments within the general geographic area of applicant's project or facilities to be constructed in concert with the municipal officials by other projects as they relate to the needs of applicant's project;
(3) 
Applicant's needs. The relationship which needed off-site improvements bear to needs of applicant's project and the needs of the community in general for improvement of facilities to service not only applicant's project but the future needs beyond those proposed by the applicant.
C. 
Township Committee action. Township Committee may provide within its certificate of adequacy the following:
(1) 
Municipal costs. That the municipality shall provide the facilities required to applicant's development entirely at municipal expense;
(2) 
Applicant's expense. That the cost for all needed off-site improvements will be provided by the applicant pursuant to a written agreement entered into between the applicant and the Township governing body;
(3) 
Sharing of costs. That the Township and the applicant shall enter into a written agreement providing for a sharing of the costs between the applicant and the Township which recognizes that the needed improvements are required to service not only applicant's project but the future needs of the Township in this matter:
(a) 
The allocation of costs shall be determined in accordance with the following:
[1] 
The governing body shall consider the total cost of the off-site improvements, the benefits conferred upon the development, the needs created by the development, population and land use projections for the general areas of the development and other areas to be served by the off-site improvements, the estimated time of construction of off-site improvements, and the condition and periods of usefulness, which period may be based upon the criteria of N.J.S.A. 40A:2-22. The governing body may in addition take into consideration the criteria set forth below.
[2] 
Road, curb, gutter and sidewalk improvements shall be based upon the anticipated increase of traffic generated by the development. In determining such traffic increases, the governing body may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area, and other factors related to the need created by the development and the anticipated benefit thereto.
[3] 
Drainage facilities shall be based upon and determined by the drainage created by or affected by a particular project and take into consideration:
[a] 
The percentage relationship between the development's acreage and the acreage of the total drainage basin;
[b] 
The use of a particular site;
[c] 
The amount of area to be covered by impervious surfaces on the site itself;
[d] 
The use, condition or status of the remaining area in the drainage basin.
[4] 
Sewerage facilities shall be based upon the proportion that the subdivision's total anticipated volume of sewage effluent bears to the existing capacity of existing and projected sewerage disposal facilities, including but not limited to lines and other appurtenances leading to and servicing the development. Also, consideration shall be given to the types of effluent and particular problems requiring special equipment, or additional costs for sewage collection as determined by the Township Engineer.
[5] 
Distribution facilities shall be based upon the added facilities required by the total anticipated water use requirements of the tract as determined by the Township Engineer.

§ 310-20-11 Contract provisions for off-site improvements.

Any contract entered into between the Township and the applicant shall specify that:
A. 
Construction contract. All construction shall be performed under contract with the Township issued in compliance with N.J.S.A. 40A:11-1 et seq.;
B. 
Engineer's specifications. All construction shall be performed pursuant to plans and specifications prepared by the Township Engineer and shall be in conformity to the Master Plan;
C. 
Engineer's inspection. All construction shall be inspected and certified to by the Township Engineer as conforming to all municipal standards as they relate to such improvements;
D. 
Project description. All agreements shall outline in detail or by attached project plan a full description of the project to be constructed. Where different projects are to be funded in different ways, a description for each project shall be separately stated for each method of financing employed;
E. 
Ownership. All agreements shall provide that all improvements constructed shall provide that all improvements constructed shall belong upon completion to the Township.

§ 310-20-12 General municipal standards for off-site improvements.

In deciding which of the above methods is to be employed by the Township in requiring the off-site improvements by the applicant, the Township shall be guided by generally prevailing municipal standards as they relate to the provisions of such off-site improvements and all applicants similarly situated shall be similarly treated in their dealings with the Township.

§ 310-20-13 General obligations.

Nothing herein contained shall be deemed to obligate either the applicant or the Township to any financial arrangement outlined above except that applicants in a similar position shall be treated equally and nothing contained within this chapter shall be deemed to require that the applicant use any method employed by this chapter. Any applicant may wait to construct his development until proper off-site improvements are provided in the normal course of business by the municipality in conformity to general prevailing construction plans for such projects.

§ 310-21-1 Standard of review.

Any application for development shall demonstrate conformity to design standards that will encourage sound development patterns within the Township. Where either an Official Map or Master Plan have been adopted, the development shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds, scenic sites, historic sites, and flood control basins shown on the officially adopted Master Plan or Official Map shall be considered in the approval of plats. In accordance with good design practices, extreme deviations from rectangular lot shapes and straight lot lines shall not be allowed unless made necessary by special topographical conditions or other special conditions acceptable to the approving authority. All improvements shall be installed and connected with existing facilities or installed in required locations to enable future connections with approved systems or contemplated systems, and shall be adequate to handle all present and probable future development.

§ 310-21-2 Character of land.

Land which the approving authority finds to be unsuitable for the intended lot(s) and its use due to flooding, improper drainage, steep slopes, soil conditions, adverse topography, utility easements, or other features which can reasonably be expected to be harmful to the health, safety and general welfare of the present or future inhabitants of the developments and/or its surrounding areas, shall not be subdivided and site plans shall not be approved unless adequate and acceptable methods are formulated by the developer to solve the problems by methods meeting this title and all other requirements.

§ 310-21-3 Plats straddling municipal boundaries.

Whenever a development abuts or crosses a municipal boundary, access to those lots within the Township shall be from within the Township as the general rule. Wherever access to a development is required across land in an adjoining community as the exception, the approving authority may require documentation that such access is legally established, and that the access road is adequately improved.

§ 310-21-4 Development name.

The proposed name of the development shall not duplicate, or too closely approximate, the name of any other development in the municipality. The approving authority shall have final authority to designate the name of the development which shall be determined prior to preliminary approval.

§ 310-22-1 General standards.

The Township recognizes that it is the applicant's obligation to adequately provide for the welfare of those attracted to the community by the development of applicant's project. The proper provision of open space and recreational facilities for those individuals shall be addressed by the applicant in his presentation before the reviewing board and considered by the reviewing board before approval is granted. The reviewing board shall determine whether the facilities within the area of applicant's proposal are adequate to service the needs of the proposal, and where they are deficient, it shall be the applicant's responsibility to provide for this need.

§ 310-22-2 Open space generally.

A. 
Where a park, playground, recreation area, school or other site for public use is proposed in whole or in part in the applicant's development, or where natural site features are to be preserved for public use, the method of reserving such areas for open space, whether by easement, deed restriction, dedication, homeowners' association, or other means shall be approved by the reviewing board. Where land is dedicated to the Township, it shall be submitted to the governing body for acceptance.
B. 
In the selection of the location of open spaces, consideration shall be given to the preservation of natural features.

§ 310-22-3 Developed open space.

A. 
In order to provide for the safety and general welfare of the public, all residential developments which will result in five or more dwelling units shall set aside no less than 1,500 square feet of developed open space per dwelling unit for recreational functions.
B. 
Developed open space shall consist of developable land devoid of buildings and other physical structures except for outdoor recreational facilities. Developed open space shall not include streets, drives, easements, walkways, parking lots, or include school sites, clubhouses, indoor recreational facilities, or retention basins not specifically designed for recreation use.
C. 
The location, form and design of such areas shall be approved by the reviewing board. The area specifically designated for recreational purposes shall be fully usable for that purpose and shall have all improvements as required by this chapter. Wherever possible, recreation sites should be located adjacent to school sites. The applicant shall determine whether the land to be utilized for recreational purposes shall remain for private recreational uses or be dedicated for public use.
D. 
Exception. In special circumstances where the development will result in not less than five nor more than 10 dwelling units and where due to the size, location and design requirements of the development it is not feasible in the opinion of the reviewing board to set aside such area or areas for developed open space, the applicant shall make a payment in lieu of the provision of such open space land to the Township. Such payments shall be placed in a special recreational open space land fund to be utilized solely for the purchase of public recreational open space. The amount of the payment shall be equal in the size and character to land which would otherwise be provided within the development itself in compliance with the regulations of this chapter.
E. 
Improvements. The developer shall install as a minimum the following recreational facilities or their equivalent on the land which has been set aside for recreational purposes:
Dwelling Units
Tot-Lot
Tennis Courts
Basketball Courts
Multipurpose Field
1 to 4
5 to 25
1
26 to 50
1
1
51 to 100
1
1
1
101 to 150
1
1
1
151 to 200
2
2
2
201 to 250
2
2
2
1
251 to 300
3
3
2
1
301 to 350
3
3
3
1
351 to 400
4
4
3
2
401 to 450
4
4
3
2
451 to 500
5
Plus 1 for every 100 units or fraction thereof over 500
5
Plus 1 for every 200 units or fraction thereof over 500
3
Plus 1 for every 125 units or fraction thereof over 500
2
Plus 1 for every 200 units or fraction thereof over 500

§ 310-22-4 Undeveloped open space.

Undeveloped open space for parks and for preserving natural features in an undisturbed state shall be provided in accordance with the following standards:
A. 
Land area shall be based upon a minimum ratio of one acre of land per 50 dwelling units or fraction thereof with a minimum of four acres, except that in special circumstances where due to the size, location and design requirements of the development, it is not feasible, in the opinion of the reviewing board, to set aside such area or area for undeveloped open space, a lesser amount may be permitted.
B. 
No removal of natural growth grading or depositing of debris shall be permitted in any area designated as a proposed park or other public site.

§ 310-22-5 Monetary contribution in lieu of construction of recreational facilities.

[Added 2-28-2001 by Ord. No. 6-2001]
A. 
In lieu of construction of the recreational facilities required by §§ 310-22-2, 310-22-3, and 310-22-4, hereinabove, the developer may elect, with approval by the Planning Board, to make a contribution of $1,000 per residential unit to a Recreation Trust Fund maintained by the Township, specifically for the periodic purchase, lease, acquisition, and/or maintenance of recreational facilities for use by the residents of the Township of Edgewater Park.
B. 
It is expressly understood that the contribution of $1,000 per unit shall be adjusted annually on February 1 of each year, based upon the Consumer Price Index for Urban Wage Earners and Clerical Workers, as published by the United States Bureau of Labor Statistics; said increase to reflect the Consumer Price Index increase, if any, from the prior year. Said contribution shall be paid at the time of final approval. The land required to be used for active recreation shall, therefore, be used for passive recreation, unless the Township elects to construct active recreation facilities thereon at the Township's expense.

§ 310-23-1 General standards.

Apartments and townhouses are regulated and shall be reviewed to promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions, provide for the preservation of the environment, provide sufficient space in appropriate locations for a variety of residential uses in order to meet the needs of a variety of citizens and promote a desirable visual environment through creative development techniques and good civic design.

§ 310-23-2 Public water and sewer.

No apartments or townhouses shall be erected unless public or private central water supply and a central sanitary sewer system are provided as approved by appropriate state, county and local regulatory agencies and until the site plan has been reviewed and approved by the reviewing board and the board of fire engineers.

§ 310-23-3 Standards for development.

A. 
Overall theme. Each overall development shall have a compatible architectural and landscaping theme with variations in design to provide attractiveness to the development. Each project shall specify how each of the following considerations has been incorporated in the overall plans: landscaping technique; building orientation to the site and to other structures; topographic natural features such as wooded areas, drainage courses, soil conditions, and topographic relief; and building design features such as varying unit widths, staggering unit setbacks, providing different exterior materials, changing roof lines and roof designs altering building heights, and changing types of windows, shutters, doors, porches, colors and vertical or horizontal orientation of the facades, singularly or in combination.
B. 
Configuration.
(1) 
The configuration of structures may be any alignment that meets the yard requirements and does not exceed the following overall or component building lengths:
310 Sewer.tif
200 feet on one plane; Dimen. a
340 feet on any angle; Dimen. b
500 feet along the center line; Dimen. c
(2) 
Any passageway between two structures which has a roof attached to both structures shall be included in calculating these lengths. Structures, as measured along the center line, shall provide one opening at ground level at least every 200 feet. This opening shall be a minimum of 15 feet in clear width and a minimum of 12 feet in clear height and located so that the floor level is at an elevation not more than eight inches above or below the finished grade of the adjoining ground. The configuration of townhouse structures may be any alignment that meets the yard requirements, but has not less than four nor more than eight units in one overall structure.
C. 
Subsurface living area. No dwelling unit shall have a living area level lower than the finished grade along the front of the structure.
D. 
Open space. All required open space shall be improved for the purpose intended as shown on the plan.
E. 
Density. No development shall exceed the density specified in this chapter.
F. 
Recreation area. Recreational facilities within an apartment or townhouse development shall be located in the designated developed open space areas, which shall be located outside of the yard areas of each structure. The specific location of any recreational facilities shall be given consideration to the proximity of structures, type of recreational facility proposed, expected noise level and evening illumination which may create a possible nuisance for residents, and expected pedestrian traffic across major interior roads or driveways.

§ 310-24-1 General standards.

The Township encourages the appropriate and efficient use of land, the development of appropriate transportation systems, and the promotion of a desirable, visual environment through creative development techniques, and establishes the policy that a coordinated bikeway and pedestrian path system be developed within the community.

§ 310-24-2 Regulations.

Bikeways or pedestrianways shall be required at the reviewing board's discretion depending on the probable volume of bicycle and foot traffic, the development's location in relation to other populated areas, or its location with respect to any overall bike or pedestrian route plan adopted by the Township. Bicycle traffic shall be separated from motor vehicle and pedestrian traffic as much as possible. Bikeways and pedestrian paths shall generally not exceed a grade of 3%, except for short distances, and they should be a minimum of five feet wide for one-way and eight feet wide for two-way travel. Bikeways shall have a minimum four-inch base of crushed stone on the subgrade and a two-inch FABC-1 surface course. Where separate bike paths intersect streets, the curbing shall be ramped for bicycle access to the street grade. Bikeways designated for one-way travel shall only be located along streets. Minimum width for bikeways built in locations other than along streets is eight feet. The reviewing board may, where promotion of proper design would suggest, modify the construction standards set forth above to require less stringent requirements, to provide for the harmonious development of a project.

§ 310-25-1 General standards.

Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required by the Township ordinances and to provide for convenient access, circulation control and safety of street traffic. For commercial, group housing, or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.

§ 310-25-2 Block lengths.

It is recognized that setting minimum and maximum block length standards must be related to sound planning principles and to the varying densities and lot widths specified in this chapter. To provide for this needed flexibility, the minimum and maximum length of a block shall be governed by the minimum and maximum number of lots specified in each lot width category.
A. 
A block shall fit into a specific lot width category when the width of not less than 75% of the lots measured at the front building setback line fall within a specific ten-foot lot frontage category.
B. 
Block lengths shall fall within the minimum and maximum required standards; however, a developer should take notice of the recommended standard for block lengths. This recommended standard is set forth as an ideal standard for the majority of the blocks in the proposed subdivision. Some deviation from this recommended standard, however, is considered desirable in the interest of variety and good subdivision design.

§ 310-25-3 Block end planting.

In cases where lot and block design results in desirable sighting down rear property lines from block ends, a landscape screen of evergreen trees not less than six feet in height shall be provided at block ends by the developer. The screen shall be a minimum of 30 feet in length and centered on the rear property line.

§ 310-26-1 General standards.

Buffer areas and screening shall require site plan or subdivision approval and are required along all lot lines and street lines which separate a nonresidential use from either an existing residential use or residential zoning district, and where specified elsewhere in this title. Buffer areas shall also be provided between residential buildings of different types in multifamily or PRD developments. Buffer areas shall be developed in an aesthetic manner for the primary purposes of screening views and reducing noise perception beyond the lot. Buffer widths shall be measured horizontally and perpendicularly to lot and street lines. No structure, activity, storage of materials, or parking of vehicles shall be permitted in a buffer area. These standards are intended to provide flexibility in order to provide effective buffers and screens. The location and design of buffers and screens shall consider the use of the portion of the property being screened, the distance between the use and the adjoining property line, differences in elevations, the composition, height, and width of the buffer, and natural features. Buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line, or the more intense the use, the more effective the buffer area must be in obscuring light and vision and reducing noise beyond the lot.

§ 310-26-2 Buffer content and location.

A. 
Buffers shall be a minimum of 15 feet wide and designed, planted, graded and landscaped to provide an aesthetically pleasing separation of uses. In meeting this standard, the applicant may consider use of the following alternatives for buffer areas:
(1) 
Fencing or wall screening in a landscaped area not less than 10 feet wide;
(2) 
Evergreen tree or shrubbery screening in a landscaped area not less than 15 feet wide;
(3) 
A landscaped berm having a minimum height of six feet with 3:1 side slopes;
(4) 
Locating proposed building with a minimum setback of 200 feet from the residential zone or use with an average ground slope in the setback area of less than 20%. Landscaping and trees shall be provided in this area;
(5) 
A parking area setback of 15 feet that is screened as required under the off-street parking provisions of this chapter.
B. 
If in the judgment of the approving authority any of these alternate provisions will not provide sufficient buffers for the portion of the site proposed, the approving authority may require the development plan to be modified to show the extension of the buffer area, require that the proposed alternatives be landscaped differently or be relocated until, in the approving authority's judgment, they provide the desired buffering effect.

§ 310-26-3 Buffer material and natural foliage.

All buffer areas shall be planned and maintained with either grass or ground cover together with a screen of live shrubs or scattered planting of live trees, shrubs or other plant material. The preservation of all natural wooded tracts shall be an integral part of all development plans and may be calculated as part of the required buffer area, provided the growth is of a density and the area has sufficient width to serve the purpose of a buffer. Additional plantings may be required by the reviewing board to establish an appropriate tone for an effective buffer.

§ 310-26-4 Screening.

A. 
Screening shall be provided with buffer strips or as required elsewhere in this title so as to provide a year-round visual or partial acoustical barrier to conceal the view or sounds of various utilitarian operations and uses from the street or adjacent properties.
B. 
Screening shall be so placed that at maturity it will not be closer than three feet from any street or property line.
C. 
All plants for screening shall be of a species common to the area, be of balled or burlapped nursery stock, and be free of insects and disease. Plants which do not live shall be replaced within two years or two growing seasons. Screen plantings shall be broken at points of vehicular and pedestrian ingress and egress to assure a clear sight triangle at all street and driveway intersections.
D. 
Screening shall consist of the following materials:
(1) 
Solid masonry. A solid masonry wall not less than five feet six inches above ground level;
(2) 
Shrubbery.
(a) 
"Low" type shrubbery screening may be used in and around parking areas, roadway or accessways where sight distances for vehicular and pedestrian traffic are a prime consideration. Shrubbery shall be a minimum of three feet high when planted and be of such density as will obscure, throughout the full course of the year, the glare of automobile headlights emitted from the premises.
(b) 
All other shrubbery for screening shall be a minimum of five feet high at the time of planting.
(c) 
Dense hedges of shrubbery planted at a maximum of 30 inches on center may be used.
(3) 
Trees. Trees for screening shall be evergreens having a minimum height of five feet above the ground when planted. Trees shall be placed five feet on centers in a single row, or five feet on centers in two or more staggered rows with a five-foot separation between rows. Evergreens may be supplemented with deciduous trees having a minimum eight-foot height at time of planting with a minimum caliper of 1 1/2 inches.

§ 310-27-1 General standards.

The Township determines that the provision of curbs and gutters will properly provide for the efficient disposal of stormwater drainage, prevent soil erosion and preserve the condition of roadways and, thus, promote the general health, safety and welfare of the community; therefore, as a condition of development plan approval, applicants shall be required to install curbs and gutters adequate to provide for the purposes set forth above.

§ 310-27-2 Regulations.

A. 
Concrete curb with gutter, or concrete curb, or Belgian block curb shall be installed along every street within the development and at intersections with the Township roads, county roads and state highways. The standard curb section to be used shall be not more than 20 feet in length with dummy joints to be cut at midpoint between expansion joints. Curbs shall be set in accordance with approved lines and grades. Radial curbs shall be formed having smooth curbs. Chord segments are prohibited.
B. 
Vertical concrete curb shall be used in all areas, except that monolithic curb and gutter shall be used when the center line grade is less than 3/4%. All curb shall conform to the standard detail drawings.
C. 
At locations specified by the reviewing board, the curbing shall be designed to provide a ramp for bicycles and the physically handicapped. This ramp shall conform to the design considerations outlined under the sidewalk provisions of this title.

§ 310-28-1 General standards.

Each applicant shall be required to provide for surface drainage within his project to ensure that it will not create a burden to the ultimate users of his tract or create an adverse off-tract effect. All streets shall be provided with catch basins and pipes where the same may be necessary for proper surface drainage. The requirement of this section may not be satisfied by the construction of ditches or dry wells only. The system shall be adequate to carry off or store the stormwater and natural drainage water which originates within the development boundaries and that which originates beyond the development boundaries and passes through the development calculated on the basis of maximum potential development as permitted under this chapter. No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other lands without proper and approved provisions being made for taking care of these conditions, even if the flooding or overloaded existing drainage systems existed prior to the applicant taking possession of said property subject to the approval of the Township or its designated representative.

§ 310-28-2 Time of concentration.

The time of concentration used in computing stormwater runoff shall be the time it takes for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed.

§ 310-28-3 Runoff computations.

See § 444-5 for calculation of stormwater runoff.

§ 310-28-4 Intensity.

The intensity of the stormwater shall be based on the following:
A. 
N.J.A.C. 5:21-7.2(c)5.i for residential projects;
B. 
As a minimum, a ten-year storm shall be used at low points with overland relief, or twenty-five-year storm where carried in a pipe;
C. 
As a minimum, all box culvert designs shall be based on a twenty-five-year storm. The Rainfall-Intensity-Duration-Frequency Curve for Southern Region, Figure 10-C in the State of New Jersey Department of Transportation Roadway Design Manual, current edition, available here: https://www.state.nj.us/transportation/eng/documents/RDM/. Time flows curves are also included in the figure for use in design;
D. 
Standard headwalls shall be installed on all pipes. Trash rack and/or bars shall be installed on all pipes equal to or greater than 24 inches in diameter or as directed by the Township or its designated representative.

§ 310-28-5 Pipeline design.

A. 
Storm sewer pipelines shall be designated by the following method, and shall be based on the Manning Equation and shall utilize the following friction factors:
n = 0.015
Concrete pipe
n = 0.024
Corrugated metal pipe, 1/2 inch
Corrugations, 25% paved
n = 0.021
Corrugated metal pipe, 1/2 inch
Corrugations, 50% paved
n = 0.013
Corrugated metal pipe, 1/2 inch
Corrugations, 100% paved
B. 
The minimum allowable pipe size is 15 inches. Reinforced concrete Class III, Wall B, shall be used in pavement areas and wherever there is vehicular traffic, subject to the approval of the reviewing board engineer. Where the cover on the pipe will be less than two feet, reinforced concrete pipe of Class IV, Wall B, shall be used. No pipe shall have less than one foot of cover. Corrugated metal pipe may be used under certain conditions subject to the approval of the reviewing board engineer.
C. 
This method is based on the assumption that hydraulic gradient will match the inside top of the pipe when system is under maximum hydraulic load.
(1) 
For this method, head losses through manholes, inlets, etc., shall be ignored.
(2) 
The minimum slope of any pipe shall be such that a minimum velocity of 2.5 fps shall be maintained when the pipe is flowing at 1/4 full.
(3) 
When the pipe sizes change, the crowns of the pipes shall be matched.
(4) 
Continuous profiles for each reach of pipe shall be plotted, along with the location of the hydraulic gradient, and the hydraulic information shall include the pipe size and type, the "n" factor, the slope of the hydraulic gradient, slope of the pipe, the design capacity, and the velocity at the design capacity.
D. 
Pipe and hydraulic grade line calculations shall be provided for all proposed pipe designs.

§ 310-28-6 Inlet design.

A. 
Stormwater inlets shall be equal to New Jersey State Highway Department inlet Type B. The maximum collecting capacities of the inlets shall be considered to be:
(1) 
When installed on streets where the grade is 0.75%: five cubic feet per second;
(2) 
When installed on streets where the grade is 2%: 4.8 cubic feet per second;
(3) 
When installed on streets where the grade is 3%: 4.6 cubic feet per second;
(4) 
When installed on streets where the grade is 4%: 4.4 cubic feet per second;
(5) 
When installed on streets where the grade is 5%: 4.2 cubic feet per second;
(6) 
When installed on streets where the grade is 6%: four cubic feet per second.
B. 
Sufficient inlets shall be located and constructed so that the length of surface runoff will not contribute a runoff to the inlet exceeding the preceding designated collecting capacities. In no case shall the distance between inlets be greater than 400 feet.
C. 
The gutter grate of all inlets shall be set not more than two inches below the gutter grade. The surface of the paving adjacent to the inlets shall be constructed to bend into the lowered gutter grade at the inlet in such a manner that a sudden drop off or dip at the inlet will not be created. At such locations where drainage is entirely dependent on inlets, the collecting capacities of the inlets shall be designed for 1/2 the preceding considered capacities.
D. 
Where surface water is collected from two directions at one street corner, inlets shall be placed at, or near, the tangent points of both ends of the radius. The use of one inlet in the radius shall not be allowed.
E. 
Access manholes shall be spaced at 400-foot intervals (maximum) through rights-of-way and at sewer junctions where there are no catch basins.

§ 310-28-7 Open channel design.

Open ditches or channels will not be permitted when the design capacity requires a fifteen-inch pipe or larger unless approved by the reviewing board engineer. Where permitted, open channel design should be based on the following hydraulic consideration:
A. 
Manning's equation:
n = 0.015 - straight, trowel-finished concrete lined ditch
n = 0.025 - straight, unlined ditch
n = 0.033 - 0.15 fair to poor natural streams and watercourses
Allowable Velocity
Excavation Material
Velocity
See Table 11-1 for Allowable Velocity for Various Soil Textures in the Standards for Soil Erosion and Sediment Control in New Jersey available here: https://www.nj.gov/agriculture/divisions/anr/
Concrete-lined ditch
15 fps
B. 
Ample freeboard not less than one foot zero inches should be provided on all channels.
C. 
The channel should be designed to conform wherever possible to the adjacent ground conditions. This means that it should not be projecting above the surrounding ground.
D. 
Continuous profiles for each reach of open channel shall be plotted along with adjacent average ground and the hydraulic information pertinent to each reach within the system. This information shall include the type of channel lining, the "n" factor, the width of the channel bottom, the side slopes, the water depth, the design capacity, and the velocity at the design capacity.
E. 
Open channels shall have a maximum side slope of 3:1 and shall have adequate slope protection as required by Article 48, Soil Erosion and Sediment Control, of this chapter.

§ 310-28-8 Culverts.

All culverts shall be limited to a single opening; multiple pipes will not be permitted subject to the approval of the reviewing board engineer. The design of culverts shall be such as to minimize the probability of debris accumulations.

§ 310-28-9 Detention basin design.

Detention basins will be required in all major developments and site plans unless it has been demonstrated by the applicant that a detention basin is not required subject to the approval of the reviewing board engineer.

§ 310-28-10 Stormwater management best management practices (BMPs).

A. 
Basins shall be designed in accordance with the New Jersey Stormwater Best Management Practices Manual (BMP Manual) available here: https://www.njstormwater.org/bmp_manual2.htm. Complete calculations for the basin(s) should be supplied at the time the preliminary plans are submitted. These calculations should include maps and runoff calculations prior to development, runoff after development, and complete calculations for design. All maps and calculations should be signed and sealed by a state licensed engineer.
B. 
Additionally, the following graphs shall be included for each proposed basin:
(1) 
Depth in basin versus storage in basin;
(2) 
Depth in basin versus outflow from basin (graphs and tables); and
(3) 
Inflow to basin versus time and allowable outflow from basin versus time (on same graph).
C. 
The design calculations should be based on time intervals of five to 10 minutes and indicate inflow, average inflow by time interval, outflow, average outflow by time interval, incremental change in storage, and height of water in pond.
D. 
Basins, except wet ponds, shall be designed to completely empty after a rainstorm occurs within the timeframe outlined in the BMP Manual. Basins shall have provisions for an emergency overflow. In those instances where existing or proposed permanent ponds will be used as retention ponds, they must have a minimum depth and provide adequate freeboard to function as a wet pond as outlined in the BMP Manual.

§ 310-28-11 Grading.

For both major and minor developments, blocks and lots shall be graded to secure proper drainage away from all buildings and to prevent the collection of stormwater in pools and to avoid concentration of stormwater from each lot to adjacent lots. The minimum/maximum grading are as follows:
Specification
Grading
Lawn/grass areas
2.0% minimum
33% maximum
Grass swale
1.5% minimum
33% maximum
Sidewalk
1.0% minimum
*4.9% maximum
Driveways
1.0% minimum
8.3% maximum
Driveways (side-entry)
1.0% minimum
5.0% maximum
NOTE *Exceeding 5% slope would be considered a ramp by ADA guidelines, and the design would need to reflect this.

§ 310-28-12 Flooding.

Land subject to periodic or occasional flooding shall not be designed for residential occupancy nor for any other purpose which may endanger life or property. Such land within a lot shall be considered for open spaces, yards, or other similar uses in accordance with state floodplain regulations.

§ 310-28-13 Easements.

Where a minor or major development is traversed by a watercourse, surface or underground drainage system or stormwater BMP, channel or stream, there shall be provided and dedicated a drainage right-of-way easement meeting any minimum widths and locations shown on any adopted Official Map or Master Plan or as required under Article 29, Easements, of this chapter.
A. 
The approving board may require dedication of easements or deed restrictions 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 or deed restriction shall be indicated on the plan and shall be marked on the land by concrete monuments at angle points and or property corners at sufficient locations to enable the dedicated area to be surveyed. In such cases, the approving Board shall consult with the Township Planner and Township Engineer in determining the required shape and size of the easement. The easement or deed restriction 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 maintain or reconstruct any drainage facilities necessary for the health and safety of the public, if applicable.
(4) 
Right-of-entry to the Township to install and maintain any drainage facilities therein, if applicable.

§ 310-28-14 Easements or rights-of-way required.

Easements or rights-of-way shall be required in accordance with Article 29 where storm drains are installed outside streets.

§ 310-29-1 General standard.

In order to properly provide for the efficient provision of governmental services and to promote the purposes of good land development design, public easements for utility installations, floodplain control, conservation and drainage may be required by the reviewing board. All such easements shall be of a sufficient width, in an appropriate location and shown on plans with sufficient clarity to provide for the purposes for which they are designed.

§ 310-29-2 Width.

Basements along rear property or elsewhere for utility installation shall be at least 25 feet wide for one utility and five additional feet for each additional utility and be located in consultation with the companies or governmental departments concerned and, to the fullest extent possible, be centered on or adjacent to rear or side lot lines.

§ 310-29-3 Recording of easements.

All easements shall be recorded by deed and where the development entails filing of a plan of lots, all easements shall be dimensioned and identified on said plan.

§ 310-29-4 Easements and lot sizes.

Where lots front or side on easements, the reviewing board shall require the depth or width of said affected lots to be increased by the width of the easement. Required minimum lot areas shall be exclusive of easement areas.

§ 310-29-5 Floodplain and conservation easements.

Floodplain and conservation easements shall be indicated on the preliminary and final plats and shown in such a manner that their boundaries can be accurately determined by elevations.

§ 310-29-6 Removal of trees.

The removal of trees and ground cover shall be prohibited in a conservation easement or floodplain except for the following purposes: the removal of dead or diseased trees; limited thinning of trees and growth to encourage the most desirable growth; and the removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds or lakes.

§ 310-29-7 Description of easement.

The boundary line of any easement shall be monumented at its intersection with all existing or proposed street lines. Such easement dedication shall be expressed on the plat and in the deed to fully delineate the limits and purpose of the easement, as well as the grantee.

§ 310-30-1 Permit required.

No fences, wall, fence-like or wall-like structure shall be erected without first obtaining a permit from the construction official, except that no permit shall be required for any fence, wall, fence-like or wall-like structure constructed by the Township or any of its boards, authorities, commissions or agencies.

§ 310-30-2 Height regulation at street intersections.

At the intersection of any two or more streets, no hedge, fence or wall, which is higher than 30 inches above the center of the road level, nor any obstruction to vision shall be permitted in the triangular area formed by the intersection of street lines and a line joining points each 20 feet distant from said intersection along said property lines. In the event that county regulations impose a greater requirement where frontage is upon a county road, such greater requirement shall prevail.

§ 310-30-3 Height regulation in residential zones.

No fence or wall hereafter erected, altered or reconstructed in any residential zone or on lots in any other zone on which residential buildings are erected, shall exceed six feet in height above the adjacent ground level when located more than 30 feet from the street line toward which the front entrance of the main building on the property faces.

§ 310-30-4 Height regulation in other zones.

In any zone other than residential zone, no fence or wall hereafter erected, altered or reconstructed shall exceed the height of 10 feet above the ground level. All fences proposed to be erected in anything other than a residential zone shall receive site plan approval from the Edgewater Park Township Planning Board.

§ 310-30-5 Exception.

The foregoing restrictions shall not be applied so as to prevent the erection of any open wire fence not exceeding 10 feet in height above ground level anywhere within a public park, public playground or public school properties. These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth, provided such wall does not exceed such heights to be measured from the ground level of the highest adjacent grade.

§ 310-30-6 Fencing materials.

The following fences and fencing materials are specifically prohibited: barbed-wire fences, canvas fences, cloth fences, electrically charged fences or wire fences of less than nine-gauge wire and then only if there is a top supporting rail, temporary fences such as snow fences, expendable fences and collapsible fences on any lot, except where in the case of snow fences, they are erected by an appropriate states, county or local body. All front yard fences must be "open" fences consisting of at least 50% open area, not including any open area between the bottom of the fence and the ground.

§ 310-30-7 Maintenance standards.

Every fence or wall shall be maintained in a safe, sound, upright condition and in accordance with the approved site plan on file with the Building Inspector if there be one and the Township building maintenance code.

§ 310-30-8 Location regulation.

All fences or walls must be erected within the property lines and no fences shall be erected so as to encroach upon a public right-of-way.

§ 310-30-9 Maintenance enforcement.

If the construction official, upon inspection, determines that any fence or wall or portion thereof is not being maintained in a safe, sound upright condition, he shall notify the owner of such fence in writing of his findings and state briefly the reasons for such findings and order such fence or wall or portion of same to be repaired or removed within 10 days from the date of the written notice. Every day the person shall fail to obey the order referred to above shall constitute a separate violation of this chapter.

§ 310-30-10 Corner lots.

No fence, wall, fence-like or wall-like structure shall be erected on a lot which abuts on more than one roadway closer to the roadway than the front or side building line. Each side and front building line shall be projected to create a line perpendicular to a side or rear property line and no fence may be constructed closer to a roadway than the line so created.

§ 310-30-11 Fence installation regulations.

All fence posts, supporting members or ledgers shall be on the inside of the fence and not visible upon viewing the property from an adjacent property or the roadway.

§ 310-30-12 Fences in front yards.

Nothing heretofore withstanding, no fence shall be constructed in front of a front building line in a residential district or on a lot used for residential purposes in any other zone which is greater in height than four feet.

§ 310-30-13 Fences around swimming pools.

All fences around swimming pools shall be governed by § 460-12 of the Code of the Township of Edgewater Park.

§ 310-30-14 Fencing of water collection areas, drainage ponds or similar water holes.

All fencing of water collection areas, drainage ponds or similar water holes shall be in accordance with Chapter 244, Fences, Article I, Water Collection Areas, of the Code of the Township of Edgewater Park.[1]
[1]
Editor's Note: Original Chapter 16.54, Environmental Impact Statement, which immediately followed this section, was repealed 11-16-2006 by Ord. No. 18-2006.

§ 310-31-1 General standards.

The provision of proper fire protection to all users of land is a major concern of the community. Each applicant shall be required to address this question in his application and make adequate provisions to minimize the risk and exposure to fire. Design should achieve mandatory protection from this risk. Site plans and major subdivisions shall be reviewed and approved for fire protection by the board of fire engineers prior to final reviewing board approval.

§ 310-31-2 Central system.

Wherever a central water supply system services a development, provision shall be made for fire hydrants along streets and/or on the walls of nonresidential structures as approved by the board of fire engineers in accordance with Fire Insurance Rating Organization Standards.

§ 310-31-3 Alternative water sources.

Where streams or ponds exist, or are proposed on lands to be developed, facilities shall be provided to draft water for firefighting purposes. These facilities shall be in addition to hydrant service from a public water source, and shall not reduce or replace the requirements for a central fire protection system. These facilities shall include access from the source to a public street suitable for use by firefighting equipment, and construction of improvements to ponds, dams, or similar on-site development, where feasible. Such facilities shall be approved by the reviewing board engineer and board of fire engineers, and constructed in accordance with Fire Insurance Rating Organization Standards.

§ 310-32-1 Scope and administration.

A. 
Title. These regulations, in combination with the flood provisions of the Uniform Construction Code (UCC) N.J.A.C. 5:23 (hereinafter "Uniform Construction Code," consisting of the Building Code, Residential Code, Rehabilitation Subcode, and related codes, and the New Jersey Flood Hazard Area Control Act (hereinafter "FHACA"), N.J.A.C. 7:13, shall be known as the Floodplain Management Regulations of the Township of Edgewater Park (hereinafter "these regulations").
B. 
Scope. These regulations, in combination with the flood provisions of the Uniform Construction Code and FHACA shall apply to all proposed development in flood hazard areas established in § 310-32-2 of these regulations.
C. 
Purposes and objectives. The purposes and objectives of these regulations are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:
(1) 
Protect human life and health.
(2) 
Prevent unnecessary disruption of commerce, access, and public service during times of flooding.
(3) 
Manage the alteration of natural floodplains, stream channels and shorelines;
(4) 
Manage filling, grading, dredging and other development which may increase flood damage or erosion potential.
(5) 
Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.
(6) 
Contribute to improved construction techniques in the floodplain.
(7) 
Minimize damage to public and private facilities and utilities.
(8) 
Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.
(9) 
Minimize the need for rescue and relief efforts associated with flooding.
(10) 
Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.
(11) 
Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.
(12) 
Meet the requirements of the National Flood Insurance Program for community participation set forth in Title 44 Code of Federal Regulations, Section 59.22.
D. 
Coordination with building codes. Pursuant to the requirement established in N.J.A.C. 5:23, the Uniform Construction Code, that the Township of Edgewater Park administer and enforce the State building codes, the Township Committee of The Township of Edgewater Park does hereby acknowledge that the Uniform Construction Code contains certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the Uniform Construction Code.
E. 
Ordinary building maintenance and minor work. Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code including non-structural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc. shall be evaluated by the Floodplain Administrator through the floodplain development permit to ensure compliance with the Substantial Damage and Substantial Improvement § 310-32-3N of this article.
F. 
Warning. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. Enforcement of these regulations does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage.
G. 
Other laws. The provisions of these regulations shall not be deemed to nullify any provisions of local, state, or federal law.
H. 
Violations and penalties for noncompliance.
(1) 
No structure or land shall hereafter be constructed, re-located to, extended, converted, or altered without full compliance with the terms of this article and other applicable regulations. Violation of the provisions of this article by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation under N.J.S.A. 40:49-5. Any person who violates this article or fails to comply with any of its requirements shall be subject to one or more of the following: a fine of not more than $1,250, imprisonment for a term not exceeding 90 days, or a period of community service not exceeding 90 days.
(2) 
Each day in which a violation of an ordinance exists shall be considered to be a separate and distinct violation subject to the imposition of a separate penalty for each day of the violation as the Court may determine except that the owner will be afforded the opportunity to cure or abate the condition during a thirty-day period and shall be afforded the opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if the court has not determined otherwise, or if upon reinspection of the property, it is determined that the abatement has not been substantially completed.
(3) 
Any person who is convicted of violating an ordinance within one year of the date of a previous violation of the same ordinance and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the ordinance, but shall be calculated separately from the fine imposed for the violation of the ordinance.
H.1. 
Solid waste disposal in a flood hazard area. Any person who has unlawfully disposed of solid waste in a floodway or floodplain who fails to comply with this article or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $2,500 or up to a maximum penalty by a fine not exceeding $10,000 under N.J.S.A. 40:49-5.
I. 
Abrogation and greater restrictions. These regulations supersede any ordinance in effect in flood hazard areas. However, these regulations are not intended to repeal or abrogate any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes. In the event of a conflict between these regulations and any other ordinance, code, or regulation, the more restrictive shall govern.

§ 310-32-2 Applicability.

A. 
General. These regulations, in conjunction with the Uniform Construction Code, provide minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; site improvements and installation of utilities; placement and replacement of manufactured homes; placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and certain building work exempt from permit under the Uniform Construction Code; and other buildings and development activities.
B. 
Establishment of flood hazard areas. The Township of Edgewater Park was accepted for participation in the National Flood Insurance Program on May 25, 1978. The National Flood Insurance Program (NFIP) floodplain management regulations encourage that all federal, state, and local regulations that are more stringent than the minimum NFIP standards take precedence in permitting decisions. The FHACA requires that the effective Flood Insurance Rate Map, most recent preliminary FEMA mapping and flood studies, and Department delineations be compared to determine the most restrictive mapping. The FHACA also regulates unstudied flood hazard areas in watersheds measuring 50 acres or greater in size and most riparian zones in New Jersey. Because of these higher standards, the regulated flood hazard area in New Jersey may be more expansive and more restrictive than the FEMA Special Flood Hazard Area. Maps and studies that establish flood hazard areas are on file at the Construction and Zoning Department, located at 400 Delanco Road, Edgewater Park, New Jersey 08010. The following sources identify flood hazard areas in this jurisdiction and must be considered when determining the Best Available Flood Hazard Data Area:
(1) 
Effective flood insurance study. Special Flood Hazard Areas (SFHAs) identified by the Federal Emergency Management Agency in a scientific and engineering report entitled Flood Insurance Study, Burlington County, New Jersey (All Jurisdictions) dated August 28, 2019 and the accompanying Flood Insurance Rate Maps (FIRM) identified in Table 310-32-2B(1) whose top level document (appendix map) effective date is August 28, 2019 are hereby adopted by reference.
Table 310-32-2B(1)
Map Panel #
Effective Date
Suffix
Map Panel #
Effective Date
Suffix
34005C0108
12-21-2017
F
34005C0109
12-21-2017
F
42017C0116
12-21-2017
F
42017C0117
12-21-2017
F
(2) 
Federal best available information. The Township of Edgewater Park shall utilize Federal flood information as listed in the table below that provides more detailed hazard information, higher flood elevations, larger flood hazard areas, and results in more restrictive regulations. This information may include but is not limited to preliminary flood elevation guidance from FEMA (such as Advisory Flood Hazard Area Maps, Work Maps or Preliminary FIS and FIRM). Additional Federal Best Available studies issued after the date of this article must also be considered. These studies are listed on FEMA's Map Service Center. This information shall be used for floodplain regulation purposes only.
Table 310-32-2B(2)
Map Panel #
Preliminary Date
Map Panel #
Preliminary Date
(None as of the date of this article)
(3) 
Other best available data. The Township of Edgewater Park shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by the The Township of Edgewater Park. Other "best available information" may not be used which results in less restrictive flood elevations, design standards, or smaller flood hazard areas than the sources described in § 310-32-2B(1) and (2), above. This information shall be used for floodplain regulation purposes only.
(4) 
State regulated flood hazard areas. For State regulated waters, the NJ Department of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and the space above that land, which lies below the "Flood Hazard Area Control Act Design Flood Elevation," as defined in § 310-32-9, and as described in the New Jersey Flood Hazard Area Control Act at N.J.A.C. 7:13. A FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the Special Flood Hazard Areas (SFHAs) as identified by FEMA. The following is a list of New Jersey State studied waters in this community under the FHACA, and their respective map identification numbers.
Table 310-32-2B(3) List of State Studied Waters
Name of Studied Water
File Name
Map Number
Rancocas Creek, Mill Creek
M0000081
RC-2, 6
Delaware River
M0000083
DR-4, 4
Mill Creek
M0000076
MC-1, 7
Delaware Rv
1 of 5
X0000023
Delaware Rv
2 of 5
X0000024
C. 
Establishing the Local Design Flood Elevation (LDFE). The Local Design Flood Elevation (LDFE) is established in the flood hazard areas determined in Subsection B, above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act minimum Statewide elevation requirements for lowest floors in A, Coastal A, and V zones, ASCE 24 requirements for critical facilities as specified by the building code, plus additional freeboard as specified by this article. At a minimum, the Local Design Flood Elevation shall be as follows:
(1) 
For a delineated watercourse, the elevation associated with the Best Available Flood Hazard Data Area determined in Subsection B, above plus one foot or as described by N.J.A.C. 7:13 of freeboard; or
(2) 
For any undelineated watercourse (where mapping or studies described in Subsection B(1) and (2) above are not available) that has a contributory drainage area of 50 acres or more, the applicants must provide one of the following to determine the Local Design Flood Elevation:
(a) 
A copy of an unexpired NJDEP Flood Hazard Area Verification plus one foot of freeboard and any additional freeboard as required by ASCE 24; or
(b) 
A determination of the Flood Hazard Area Design Flood Elevation using Method 5 or Method 6 (as described in N.J.A.C. 7:13) plus one foot of freeboard and any additional freeboard as required by ASCE 24. Any determination using these methods must be sealed and submitted according to § 310-32-5B and C.
(3) 
AO Zones. For Zone AO areas on the municipality's FIRM (or on preliminary flood elevation guidance from FEMA), the Local Design Flood Elevation is determined from the FIRM panel as the highest adjacent grade plus the depth number specified plus one foot of freeboard. If no depth number is specified, the Local Design Flood Elevation is three feet above the highest adjacent grade.
(4) 
Class IV Critical Facilities. For any proposed development of new and substantially improved Flood Design Class IV Critical Facilities, the Local Design Flood Elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the Flood Hazard Area Design Flood Elevation with an additional two feet of freeboard in accordance with ASCE 24.
(5) 
Class III Critical Facilities. For proposed development of new and substantially improved Flood Design Class III Critical Facilities in coastal high hazard areas, the Local Design Flood Elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the Flood Hazard Area Design Flood Elevation with an additional one foot of freeboard in accordance with ASCE 24.

§ 310-32-3 Duties and powers of the Floodplain Administrator.

A. 
Floodplain Administrator designation. The Construction Official is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees.
B. 
General. The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to § 310-32-7 of these regulations.
C. 
Coordination. The Floodplain Administrator shall coordinate with the Construction Official to administer and enforce the flood provisions of the Uniform Construction Code.
D. 
Duties. The duties of the Floodplain Administrator shall include but are not limited to:
(1) 
Review all permit applications to determine whether proposed development is located in flood hazard areas established in § 310-32-2 of these regulations.
(2) 
Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.
(3) 
Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.
(4) 
Determine whether additional flood hazard data shall be obtained or developed.
(5) 
Review required certifications and documentation specified by these regulations and the building code to determine that such certifications and documentations are complete.
(6) 
Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to § 310-32-3N of these regulations.
(7) 
Coordinate with the Construction Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.
(8) 
Review requests submitted to the Construction Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the Uniform Construction code to determine whether such requests require consideration as a variance pursuant to § 310-32-7 of these regulations.
(9) 
Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.
(10) 
Require applicants who propose alteration of a watercourse to notify adjacent jurisdictions and the NJDEP Bureau of Flood Engineering, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA).
(11) 
Inspect development in accordance with § 310-32-6 of these regulations and inspect flood hazard areas to determine if development is undertaken without issuance of permits.
(12) 
Prepare comments and recommendations for consideration when applicants seek variances in accordance with § 310-32-7 of these regulations.
(13) 
Cite violations in accordance with § 310-32-8 of these regulations.
(14) 
Notify the Federal Emergency Management Agency when the corporate boundaries of The Township of Edgewater Park have been modified.
(15) 
Permit ordinary maintenance and minor work in the regulated areas discussed in § 310-32-2B.
E. 
Use of changed technical data. The Floodplain Administrator and the applicant shall not use changed flood hazard area boundaries or base flood elevations for proposed buildings or developments unless the Floodplain Administrator or applicant has applied for a Conditional Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) revision and has received the approval of the Federal Emergency Management Agency. A revision of the effective FIRM does not remove the related feature(s) on a flood hazard area delineation that has been promulgated by the NJDEP. A separate application must be made to the State pursuant to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation, flood hazard area limit, floodway limit, and/or other related feature.
F. 
Other permits. It shall be the responsibility of the Floodplain Administrator to assure that approval of a proposed development shall not be given until proof that necessary permits have been granted by Federal or State agencies having jurisdiction over such development, including section 404 of the Clean Water Act. In the event of conflicting permit requirements, the Floodplain Administrator must ensure that the most restrictive floodplain management standards are reflected in permit approvals.
G. 
Determination of Local Design Flood Elevations. If design flood elevations are not specified, the Floodplain Administrator is authorized to require the applicant to:
(1) 
Obtain, review, and reasonably utilize data available from a federal, state, or other source; or
(2) 
Determine the design flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques. Such analyses shall be performed and sealed by a licensed professional engineer. Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant.
It shall be the responsibility of the Floodplain Administrator to verify that the applicant's proposed Best Available Flood Hazard Data Area and the Local Design Flood Elevation in any development permit accurately applies the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in § 310-32-2B and C respectively. This information shall be provided to the Construction Official and documented according to § 310-32-30.
H. 
Requirement to submit new technical data. Base Flood Elevations may increase or decrease resulting from natural changes (e.g. erosion, accretion, channel migration, subsidence, uplift) or man-made physical changes (e.g. dredging, filling, excavation) affecting flooding conditions. As soon as practicable, but not later than six months after the date of a man-made change or when information about a natural change becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Title 44 Code of Federal Regulations Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.
I. 
Activities in riverine flood hazard areas. In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the Floodplain Administrator shall not permit any new construction, substantial improvement or other development, including the placement of fill, unless the applicant submits an engineering analysis prepared by a licensed professional engineer that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachment, will not increase the design flood elevation more than 0.2 feet at any point within the community.
J. 
Floodway encroachment. Prior to issuing a permit for any floodway encroachment, including fill, new construction, substantial improvements and other development or land- disturbing-activity, the Floodplain Administrator shall require submission of a certification prepared by a licensed professional engineer, along with supporting technical data, that demonstrates that such development will not cause any increase in the base flood level.
J.1. 
Floodway revisions. A floodway encroachment that increases the level of the base flood is authorized if the applicant has applied for a Conditional Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) and has received the approval of FEMA.
K. 
Watercourse alteration. Prior to issuing a permit for any alteration or relocation of any watercourse, the Floodplain Administrator shall require the applicant to provide notification of the proposal to the appropriate authorities of all adjacent government jurisdictions, as well as the NJDEP Bureau of Flood Engineering and the Division of Land Resource Protection. A copy of the notification shall be maintained in the permit records and submitted to FEMA.
K.1. 
Engineering analysis. The Floodplain Administrator shall require submission of an engineering analysis prepared by a licensed professional engineer, demonstrating that the flood-carrying capacity of the altered or relocated portion of the watercourse will be maintained, neither increased nor decreased. Such watercourses shall be maintained in a manner that preserves the channel's flood-carrying capacity.
L. 
Alterations in coastal areas. The excavation or alteration of sand dunes is governed by the New Jersey Coastal Zone Management (CZM) rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit for any alteration of sand dunes in coastal high hazard areas and Coastal A Zones, the Floodplain Administrator shall require that a New Jersey CZM permit be obtained and included in the flood damage prevention permit application. The applicant shall also provide documentation of any engineering analysis, prepared by a licensed professional engineer, that demonstrates that the proposed alteration will not increase the potential for flood damage.
M. 
Development in riparian zones. All development in Riparian Zones as described in N.J.A.C. 7:13 is prohibited by this article unless the applicant has received an individual or general permit or has complied with the requirements of a permit by rule or permit by certification from NJDEP Division of Land Resource Protection prior to application for a floodplain development permit and the project is compliant with all other Floodplain Development provisions of this article. The width of the riparian zone can range between 50 and 300 feet and is determined by the attributes of the waterbody and designated in the New Jersey Surface Water Quality Standards N.J.A.C. 7:9B. The portion of the riparian zone located outside of a regulated water is measured landward from the top of bank. Applicants can request a verification of the riparian zone limits or a permit applicability determination to determine state permit requirements under N.J.A.C. 7:13 from the NJDEP Division of Land Resource Protection.
N. 
Substantial improvement and substantial damage determinations. When buildings and structures are damaged due to any cause including but not limited to man-made, structural, electrical, mechanical, or natural hazard events, or are determined to be unsafe as described in N.J.A.C. 5:23; and for applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitations, renovations, ordinary maintenance and minor work, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Construction Official, shall:
(1) 
Estimate the market value, or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.
(2) 
Determine and include the costs of all ordinary maintenance and minor work, as discussed in § 310-32-1E, performed in the floodplain regulated by this article in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.
(3) 
Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the building or structure.
(4) 
Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage
(5) 
Notify the applicant in writing when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage. The Floodplain Administrator shall also provide all letters documenting substantial damage and compliance with flood resistant construction requirements of the building code to the NJDEP Bureau of Flood Engineering.
O. 
Department records. In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the Uniform Construction Code, including Flood Insurance Studies, Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; NJDEP delineations, records of issuance of permits and denial of permits; records of ordinary maintenance and minor work, determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the Uniform Construction Code and these regulations including as-built Elevation Certificates; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the Uniform Construction Code. The Floodplain Administrator shall also record the required elevation, determination method, and base flood elevation source used to determine the Local Design Flood Elevation in the floodplain development permit.
P. 
Liability. The Floodplain Administrator and any employee charged with the enforcement of these regulations, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by these regulations or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of these regulations shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of these regulations.

§ 310-32-4 Permits.

A. 
Permits required. Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit.
B. 
Application for permit. The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. Such application shall:
(1) 
Identify and describe the development to be covered by the permit.
(2) 
Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site.
(3) 
Indicate the use and occupancy for which the proposed development is intended.
(4) 
Be accompanied by a site plan and construction documents as specified in Section 105 of these regulations, grading and filling plans and other information deemed appropriate by the Floodplain Administrator.
(5) 
State the valuation of the proposed work, including the valuation of ordinary maintenance and minor work.
(6) 
Be signed by the applicant or the applicant's authorized agent.
C. 
Validity of permit. The issuance of a permit under these regulations or the Uniform Construction Code shall not be construed to be a permit for, or approval of, any violation of this appendix or any other ordinance of the jurisdiction. The issuance of a permit based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations or other ordinances of this jurisdiction.
D. 
Expiration. A permit shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each.
E. 
Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a permit issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or code of this jurisdiction.

§ 310-32-5 Site plans and construction documents.

A. 
Information for development in flood hazard areas. The site plan or construction documents for any development subject to the requirements of these regulations shall be drawn to scale and shall include, as applicable to the proposed development:
(1) 
Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations when necessary for review of the proposed development. For buildings that are located in more than one flood hazard area, the elevation and provisions associated with the most restrictive flood hazard area shall apply.
(2) 
Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with § 310-32-5B.
(3) 
Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with § 310-32-5B(3) of these regulations.
(4) 
Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas and Coastal A zones, new buildings shall be located landward of the reach of mean high tide.
(5) 
Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
(6) 
Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. The applicant shall provide an engineering certification confirming that the proposal meets the flood storage displacement limitations of N.J.A.C. 7:13.
(7) 
Extent of any proposed alteration of sand dunes.
(8) 
Existing and proposed alignment of any proposed alteration of a watercourse.
(9) 
Floodproofing certifications, V Zone and Breakaway Wall Certifications, Operations and Maintenance Plans, Warning and Evacuation Plans and other documentation required pursuant to FEMA publications.
The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by these regulations but that are not required to be prepared by a registered design professional when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance.
B. 
Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the effective or preliminary FIRM and base flood elevation data have not been provided, the applicant shall consult with the Floodplain Administrator to determine whether to:
(1) 
Use the Approximation Method (Method 5) described in N.J.A.C. 7:13 in conjunction with Appendix 1 of the FHACA to determine the required flood elevation.
(2) 
Obtain, review, and reasonably utilize data available from a federal, state or other source when those data are deemed acceptable to the Floodplain Administrator to reasonably reflect flooding conditions.
(3) 
Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques according to Method 6 as described in N.J.A.C. 7:13. Such analyses shall be performed and sealed by a licensed professional engineer.
Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator prior to floodplain development permit issuance. The accuracy of data submitted for such determination shall be the responsibility of the applicant. Where the data are to be used to support a Letter of Map Change (LOMC) from FEMA, the applicant shall be responsible for satisfying the submittal requirements and pay the processing fees.
C. 
Analyses and certifications by a licensed professional engineer. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a licensed professional engineer for submission with the site plan and construction documents:
(1) 
For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in § 310-32-5D of these regulations and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents.
(2) 
For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the FIS or FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments will not increase the base flood elevation more than 0.2 feet at any point within the jurisdiction. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.
(3) 
For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained, neither increasing nor decreasing the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in § 310-32-5D of these regulations. The applicant shall notify the chief executive officer of all affected adjacent jurisdictions, the NJDEP's Bureau of Flood Engineering and the Division of Land Resource Protection; and shall provide documentation of such notifications.
(4) 
For activities that propose to alter sand dunes in coastal high hazard areas (Zone V) and Coastal A Zones, an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage and documentation of the issuance of a New Jersey Coastal Zone Management permit under N.J.A.C. 7:7.
(5) 
For analyses performed using Methods 5 and 6 (as described in N.J.A.C. 7:13) in flood hazard zones without base flood elevations (approximate A zones).
D. 
Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change (LOMC) from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.

§ 310-32-6 Inspections.

A. 
General. Development for which a permit is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.
B. 
Inspections of development. The Floodplain Administrator shall inspect all development in flood hazard areas authorized by issuance of permits under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine if development is undertaken without issuance of a permit.
C. 
Buildings and structures. The Construction Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit in accordance with the Uniform Construction Code, N.J.A.C. 5:23.
(1) 
Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in § 310-32-15B shall be submitted to the Construction Official on an elevation certificate.
(2) 
Lowest horizontal structural member. In V zones and Coastal A zones, upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in § 310-32-15B shall be submitted to the Construction Official on an elevation certificate.
(3) 
Installation of attendant utilities (electrical, heating, ventilating, air-conditioning, and other service equipment) and sanitary facilities elevated as discussed in § 310-32-15B.
(4) 
Final inspection. Prior to the final inspection, certification of the elevation required in § 310-32-15B shall be submitted to the Construction Official on an elevation certificate.
D. 
Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of these regulations and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted on an elevation certificate to the Floodplain Administrator prior to the final inspection.

§ 310-32-7 Variances.

A. 
General. The Township of Edgewater Park Planning Board and Zoning Board of Adjustment shall hear and decide requests for variances from this section, subject to each Board's respective jurisdiction over an application for development. The Planning Board and Zoning Board of Adjustment shall base their determination on technical justifications submitted by applicants, the considerations for issuance in § 310-32-7E the conditions of issuance set forth in § 310-32-7F, and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Planning Board and Zoning Board of Adjustment have the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.
B. 
Historic structures. A variance to the substantial improvement requirements of this article is authorized provided that the repair or rehabilitation of a historic structure is completed according to N.J.A.C. 5:23-6.33, Section 1612 of the International Building Code and R322 of the International Residential Code, the repair or rehabilitation will not preclude the structure's continued designation as a historic structure, the structure meets the definition of the historic structure as described by this article, and the variance is the minimum necessary to preserve the historic character and design of the structure.
C. 
Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damage during the base flood and create no additional threats to public safety.
D. 
Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in § 310-32-5C(1) of these regulations.
E. 
Considerations. In reviewing requests for variances, all technical evaluations, all relevant factors, all other portions of these regulations, and the following shall be considered:
(1) 
The danger that materials and debris may be swept onto other lands resulting in further injury or damage.
(2) 
The danger to life and property due to flooding or erosion damage.
(3) 
The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.
(4) 
The importance of the services provided by the proposed development to the community.
(5) 
The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable.
(6) 
The compatibility of the proposed development with existing and anticipated development.
(7) 
The relationship of the proposed development to the comprehensive plan and floodplain management program for that area.
(8) 
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(9) 
The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater and the effects of wave action, where applicable, expected at the site.
(10) 
The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets, and bridges.
F. 
Conditions for issuance. Variances shall only be issued upon:
(1) 
Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site limit compliance with any provision of these regulations or renders the elevation standards of the building code inappropriate.
(2) 
A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable.
(3) 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
(4) 
A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(5) 
Notification to the applicant in writing over the signature of the Floodplain Administrator that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the base flood level increases risks to life and property.

§ 310-32-8 Violations.

A. 
Violations. Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of elevation of the lowest floor, the lowest horizontal structural member if in a V or Coastal A Zone, other required design certifications, or other evidence of compliance required by the building code is presumed to be a violation until such time as that documentation is provided.
B. 
Authority. The Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of property involved, to the owner's agent, or to the person or persons doing the work for development that is not within the scope of the Uniform Construction Code, but is regulated by these regulations and that is determined to be a violation.
C. 
Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by N.J.S.A. 40:49-5 as appropriate.
D. 
Review period to correct violations. A thirty-day period shall be given to the property owner as an opportunity to cure or abate the condition. The property owner shall also be afforded an opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 N.J.S.A. may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.

§ 310-32-9 Definitions.

A. 
General. The following words and terms shall, for the purposes of these regulations, have the meanings shown herein. Other terms are defined in the Uniform Construction Code N.J.A.C. 5:23 and terms are defined where used in the International Residential Code and International Building Code (rather than in the definitions section). Where terms are not defined, such terms shall have ordinarily accepted meanings such as the context implies.
B. 
Definitions.
30-DAY PERIOD
The period of time prescribed by N.J.S.A. 40:49-5 in which a property owner is afforded the opportunity to correct zoning and solid waste disposal after a notice of violation pertaining to this article has been issued.
100-YEAR FLOOD ELEVATION
Elevation of flooding having a 1% annual chance of being equaled or exceeded in a given year which is also referred to as the Base Flood Elevation.
500-YEAR FLOOD ELEVATION
Elevation of flooding having a 0.2% annual chance of being equaled or exceeded in a given year.
A ZONES
Areas of Special Flood Hazard in which the elevation of the surface water resulting from a flood that has a 1% annual chance of equaling or exceeding the Base Flood Elevation (BFE) in any given year shown on the Flood Insurance Rate Map (FIRM) zones A, AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO. When used in reference to the development of a structure in this article, A Zones are not inclusive of Coastal A Zones because of the higher building code requirements for Coastal A Zones.
AH ZONES
Areas subject to inundation by 1% annual chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Base Flood Elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.
AO ZONES
Areas subject to inundation by 1% annual chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet.
ACCESSORY STRUCTURE
Accessory structures are also referred to as appurtenant structures. An accessory structure is a structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For example, a residential structure may have a detached garage or storage shed for garden tools as accessory structures. Other examples of accessory structures include gazebos, picnic pavilions, boathouses, small pole barns, storage sheds, and similar buildings.
AGRICULTURAL STRUCTURE
A structure used solely for agricultural purposes in which the use is exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock. Communities must require that new construction or substantial improvements of agricultural structures be elevated or floodproofed to or above the Base Flood Elevation (BFE) as any other nonresidential building. Under some circumstances it may be appropriate to wet-floodproof certain types of agricultural structures when located in wide, expansive floodplains through issuance of a variance. This should only be done for structures used for temporary storage of equipment or crops or temporary shelter for livestock and only in circumstances where it can be demonstrated that agricultural structures can be designed in such a manner that results in minimal damage to the structure and its contents and will create no additional threats to public safety. New construction or substantial improvement of livestock confinement buildings, poultry houses, dairy operations, similar livestock operations and any structure that represents more than a minimal investment must meet the elevation or dry-floodproofing requirements of 44 CFR 60.3(c)(3).
ALTERATION OF A WATERCOURSE
A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.
AREA OF SHALLOW FLOODING
A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
See "Special Flood Hazard Area."
ASCE 7
The standard for the Minimum Design Loads for Buildings and Other Structures, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA. which includes but is not limited to methodology and equations necessary for determining structural and flood-related design requirements and determining the design requirements for structures that may experience a combination of loads including those from natural hazards. Flood related equations include those for determining erosion, scour, lateral, vertical, hydrostatic, hydrodynamic, buoyancy, breaking wave, and debris impact.
ASCE 24
The standard for Flood Resistant Design and Construction, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA. References to ASCE 24 shall mean ASCE 24-14 or the most recent version of ASCE 24 adopted in the UCC Code [N.J.A.C. 5:23].
BASE FLOOD ELEVATION (BFE)
The water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year, as shown on a published Flood Insurance Study (FIS), or preliminary flood elevation guidance from FEMA. May also be referred to as the "100-year flood elevation."
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BEST AVAILABLE FLOOD HAZARD DATA
The most recent available preliminary flood risk guidance FEMA has provided. The Best Available Flood Hazard Data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.
BEST AVAILABLE FLOOD HAZARD DATA AREA
The areal mapped extent associated with the most recent available preliminary flood risk guidance FEMA has provided. The Best Available Flood Hazard Data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION
The most recent available preliminary flood elevation guidance FEMA has provided. The Best Available Flood Hazard Data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.
BREAKAWAY WALLS
Any type of wall subject to flooding that is not required to provide structural support to a building or other structure and that is designed and constructed such that, below the Local Design Flood Elevation, it will collapse under specific lateral loads such that 1) it allows the free passage of floodwaters, and 2) it does not damage the structure or supporting foundation system. Certification in the V Zone of the design, plans, and specifications by a licensed design professional that these walls are in accordance with accepted standards of practice is required as part of the permit application for new and substantially improved V Zone and Coastal A Zone structures. A completed certification must be submitted at permit application.
BUILDING
Per the FHACA, "Building" means a structure enclosed with exterior walls or fire walls, erected and framed of component structural parts, designed for the housing, shelter, enclosure, and support of individuals, animals, or property of any kind. A building may have a temporary or permanent foundation. A building that is intended for regular human occupation and/or residence is considered a habitable building.
CONDITIONAL LETTER OF MAP REVISION
A Conditional Letter of Map Revision (CLOMR) is FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the Letter of Map Change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.
CONDITIONAL LETTER OF MAP REVISION - FILL
A Conditional Letter of Map Revision - Fill (CLOMR-F) is FEMA's comment on a proposed project involving the placement of fill outside of the regulatory floodway that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the Letter of Map Change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.
CRITICAL BUILDING
Per the FHACA, "Critical Building" means that:
(1) 
It is essential to maintaining continuity of vital government operations and/or supporting emergency response, sheltering, and medical care functions before, during, and after a flood, such as a hospital, medical clinic, police station, fire station, emergency response center, or public shelter; or
(2) 
It serves large numbers of people who may be unable to leave the facility through their own efforts, thereby hindering or preventing safe evacuation of the building during a flood event, such as a school, college, dormitory, jail or detention facility, day care center, assisted living facility, or nursing home.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations and other land-disturbing activities.
DRY FLOODPROOFING
A combination of measures that results in a non-residential structure, including the attendant utilities and equipment as described in the latest version of ASCE 24, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads.
ELEVATED BUILDING
A building that has no basement and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Solid perimeter foundations walls are not an acceptable means of elevating buildings in V and VE Zones.
ELEVATION CERTIFICATE
An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support an application for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).
ENCROACHMENT
The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.
FEMA PUBLICATIONS
Any publication authored or referenced by FEMA related to building science, building safety, or floodplain management related to the National Flood Insurance Program. Publications shall include but are not limited to technical bulletins, desk references, and American Society of Civil Engineers Standards documents including ASCE 24.
FLOOD HAZARD AREA DESIGN FLOOD ELEVATION
Per the FHACA, the peak water surface elevation that will occur in a water during the flood hazard area design flood. This elevation is determined via available flood mapping adopted by the state, flood mapping published by FEMA (including effective flood mapping dated on or after January 31, 1980, or any more recent advisory, preliminary, or pending flood mapping; whichever results in higher flood elevations, wider floodway limits, greater flow rates, or indicates a change from an A zone to a V zone or coastal A zone), approximation, or calculation pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-3.1 - 3.6 and is typically higher than FEMA's base flood elevation. A water that has a drainage area measuring less than 50 acres does not possess, and is not assigned, a flood hazard area design flood elevation.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
The official report in which the Federal Emergency Management Agency has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.
FLOOD or FLOODING
(1) 
A general and temporary condition of partial or complete inundation of normally dry land areas from:
(a) 
The overflow of inland or tidal waters.
(b) 
The unusual and rapid accumulation or runoff of surface waters from any source.
(c) 
Mudslides (i.e. mudflows) which are proximately caused by flooding as defined in Subsection (1)(b) of this definition and are akin to a river or liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
(2) 
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1)(a) of this definition.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODPLAIN OR FLOOD PRONE AREA
Any land area susceptible to being inundated by water from any source. See "flood or flooding."
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
FLOODPROOFING CERTIFICATE
Certification by a licensed design professional that the design and methods of construction for floodproofing a non-residential structure are in accordance with accepted standards of practice to a proposed height above the structure's lowest adjacent grade that meets or exceeds the Local Design Flood Elevation. A completed floodproofing certificate is required at permit application.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
FREEBOARD
A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. "Freeboard" tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
FUNCTIONALLY DEPENDENT USE
A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities necessary for the loading or unloading of cargo or passengers, and shipbuilding and ship repair facilities. The term does not include long-term storage or related manufacturing facilities.
HABITABLE BUILDING
Pursuant to the FHACA Rules (N.J.A.C. 7:13), means a building that is intended for regular human occupation and/or residence. Examples of a habitable building include a single-family home, duplex, multi-residence building, or critical building; a commercial building such as a retail store, restaurant, office building, or gymnasium; an accessory structure that is regularly occupied, such as a garage, barn, or workshop; mobile and manufactured homes, and trailers intended for human residence, which are set on a foundation and/or connected to utilities, such as in a mobile home park (not including campers and recreational vehicles); and any other building that is regularly occupied, such as a house of worship, community center, or meeting hall, or animal shelter that includes regular human access and occupation. Examples of a non-habitable building include a bus stop shelter, utility building, storage shed, self-storage unit, construction trailer, or an individual shelter for animals such as a doghouse or outdoor kennel.
HARDSHIP
As related to § 310-32-7 of this article, meaning the exceptional hardship that would result from a failure to grant the requested variance. The Township Committee requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
(1) 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved state program as determined by the Secretary of the Interior; or
(b) 
Directly by the Secretary of the Interior in states without approved programs.
LAWFULLY EXISTING
Per the FHACA, means an existing fill, structure and/or use, which meets all federal, state, and local laws, and which is not in violation of the FHACA because it was established:
(1) 
Prior to January 31, 1980; or
(2) 
On or after January 31, 1980, in accordance with the requirements of the FHACA as it existed at the time the fill, structure and/or use was established.
Note: Substantially damaged properties and substantially improved properties that have not been elevated are not considered "lawfully existing" for the purposes of the NFIP. This definition is included in this article to clarify the applicability of any more stringent statewide floodplain management standards required under the FHACA.
LETTER OF MAP AMENDMENT
A Letter of Map Amendment (LOMA) is an official amendment, by letter, to an effective National Flood Insurance Program (NFIP) map that is requested through the Letter of Map Change (LOMC) process. A LOMA establishes a property's location in relation to the Special Flood Hazard Area (SFHA). LOMAs are usually issued because a property has been inadvertently mapped as being in the floodplain but is actually on natural high ground above the base flood elevation. Because a LOMA officially amends the effective NFIP map, it is a public record that the community must maintain. Any LOMA should be noted on the community's master flood map and filed by panel number in an accessible location.
LETTER OF MAP CHANGE
The Letter of Map Change (LOMC) process is a service provided by FEMA for a fee that allows the public to request a change in flood zone designation in an Area of Special Flood Hazard on an Flood Insurance Rate Map (FIRM). Conditional Letters of Map Revision, Conditional Letters of Map Revision - Fill, Letters of Map Revision, Letters of Map Revision-Fill, and Letters of Map Amendment are requested through the Letter of Map Change (LOMC) process.
LETTER OF MAP REVISION
A Letter of Map Revision (LOMR) is FEMA's modification to an effective Flood Insurance Rate Map (FIRM). Letter of Map Revisions are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The LOMR officially revises the Flood Insurance Rate Map (FIRM) and sometimes the Flood Insurance Study (FIS) report, and when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM or FIS report. Because a LOMR officially revises the effective NFIP map, it is a public record that the community must maintain. Any LOMR should be noted on the community's master flood map and filed by panel number in an accessible location.
LETTER OF MAP REVISION - FILL
A Letter of Map Revision Based on Fill (LOMR-F) is FEMA's modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway may be initiated through the Letter of Map Change (LOMC) Process. Because a LOMR-F officially revises the effective Flood Insurance Rate Map (FIRM) map, it is a public record that the community must maintain. Any LOMR-F should be noted on the community's master flood map and filed by panel number in an accessible location.
LICENSED DESIGN PROFESSIONAL
Licensed design professional shall refer to either a New Jersey Licensed Professional Engineer, licensed by the New Jersey State Board of Professional Engineers and Land Surveyors or a New Jersey Licensed Architect, licensed by the New Jersey State Board of Architects.
LICENSED PROFESSIONAL ENGINEER
A licensed professional engineer shall refer to individuals licensed by the New Jersey State Board of Professional Engineers and Land Surveyors.
LOCAL DESIGN FLOOD ELEVATION (LDFE)
The elevation reflective of the most recent available preliminary flood elevation guidance FEMA has provided as depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM which is also inclusive of freeboard specified by the New Jersey Flood Hazard Area Control Act and Uniform Construction Codes and any additional freeboard specified in a community's ordinance. In no circumstances shall a project's LDFE be lower than a permit-specified Flood Hazard Area Design Flood Elevation or a valid NJDEP Flood Hazard Area Verification Letter plus the freeboard as required in ASCE 24 and the effective FEMA Base Flood Elevation.
LOWEST ADJACENT GRADE
The lowest point of ground, patio, or sidewalk slab immediately next a structure, except in AO Zones where it is the natural grade elevation.
LOWEST FLOOR
In A Zones, the lowest floor is the top surface of the lowest floor of the lowest enclosed area (including basement). In V Zones and coastal A Zones, the bottom of the lowest horizontal structural member of a building is the lowest floor. An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of other applicable non-elevation design requirements of these regulations.
MANUFACTURED HOME
A structure that is transportable in one or more sections, eight feet or more in width and greater than 400 square feet, built on a permanent chassis, designed for use with or without a permanent foundation when attached to the required utilities, and constructed to the Federal Manufactured Home Construction and Safety Standards and rules and regulations promulgated by the U.S. Department of Housing and Urban Development. The term also includes mobile homes, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MARKET VALUE
The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value shall be determined by one of the following methods 1) actual cash value (replacement cost depreciated for age and quality of construction), 2) tax assessment value adjusted to approximate market value by a factor provided by the tax assessor's office, or 3) established by a qualified independent appraiser.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of the first floodplain regulation adopted by a community; includes any subsequent improvements to such structures. New construction includes work determined to be a substantial improvement.
NON-RESIDENTIAL
Pursuant to ASCE 24, any building or structure or portion thereof that is not classified as residential.
ORDINARY MAINTENANCE AND MINOR WORK
This term refers to types of work excluded from construction permitting under N.J.A.C. 5:23 in the March 5, 2018 New Jersey Register. Some of these types of work must be considered in determinations of substantial improvement and substantial damage in regulated floodplains under 44 CFR 59.1. These types of work include but are not limited to replacements of roofing, siding, interior finishes, kitchen cabinets, plumbing fixtures and piping, HVAC and air conditioning equipment, exhaust fans, built in appliances, electrical wiring, etc. Improvements necessary to correct existing violations of State or local health, sanitation, or code enforcement officials which are the minimum necessary to assure safe living conditions and improvements of historic structures as discussed in 44 CFR 59.1 shall not be included in the determination of ordinary maintenance and minor work.
RECREATIONAL VEHICLE
A vehicle that is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices and has no permanently attached additions.
RESIDENTIAL
Pursuant to the ASCE 24:
(1) 
Buildings and structures and portions thereof where people live or that are used for sleeping purposes on a transient or non-transient basis;
(2) 
Structures including but not limited to one- and two-family dwellings, townhouses, condominiums, multi-family dwellings, apartments, congregate residences, boarding houses, lodging houses, rooming houses, hotels, motels, apartment buildings, convents, monasteries, dormitories, fraternity houses, sorority houses, vacation time-share properties; and
(3) 
Institutional facilities where people are cared for or live on a twenty-four-hour basis in a supervised environment, including but not limited to board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug centers, convalescent facilities, hospitals, nursing homes, mental hospitals, detoxification facilities, prisons, jails, reformatories, detention centers, correctional centers, and prerelease centers.
SOLID WASTE DISPOSAL
"Solid Waste Disposal" shall mean the storage, treatment, utilization, processing or final disposition of solid waste as described in N.J.A.C. 7:26-1.6 or the storage of unsecured materials as described in N.J.A.C. 7:13-2.3 for a period of greater than six months as specified in N.J.A.C. 7:26 which have been discharged, deposited, injected, dumped, spilled, leaked, or placed into any land or water such that such solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
SPECIAL FLOOD HAZARD AREA
The greater of the following: 1) Land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year, shown on the FIRM as Zone V, VE, V1-3, A, AO, A1-30, AE, A99, or AH; 2) Land and the space above that land, which lies below the peak water surface elevation of the flood hazard area design flood for a particular water, as determined using the methods set forth in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13; 3) Riparian Buffers as determined in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13. Also referred to as the Area of Special Flood Hazard.
START OF CONSTRUCTION
The Start of Construction is as follows:
(1) 
For other than new construction or substantial improvements, under the Coastal Barrier Resources Act (CBRA), this is the date the building permit was issued, provided that the actual start of construction, repair, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a building on site, such as the pouring of a slab or footing, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured (mobile) home on a foundation. For a substantial improvement, actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
(2) 
For the purposes of determining whether proposed construction must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and Base Flood Elevation's (BFEs) increase or zones change, the Start of Construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.
(3) 
Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Such development must also be permitted and must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and Base Flood Elevation's (BFEs) increase or zones change. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. For determining if new construction and substantial improvements within the Coastal Barrier Resources System (CBRS) can obtain flood insurance, a different definition applies.
STRUCTURE
A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(1) 
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local Code Enforcement Officer and which are the minimum necessary to assure safe living conditions; or
(2) 
Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES
Buildings and structures of an accessory character and miscellaneous structures not classified in any special occupancy, as described in ASCE 24.
VARIANCE
A grant of relief from the requirements of this section which permits construction in a manner otherwise prohibited by this section where specific enforcement would result in unnecessary hardship.
VIOLATION
A development that is not fully compliant with these regulations or the flood provisions of the building code. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this article is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION
The height, in relation to the North American Vertical Datum (NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas.
WATERCOURSE
A river, creek, stream, channel, or other topographic feature in, on, through, or over which water flows at least periodically.
WET FLOODPROOFING
Floodproofing method that relies on the use of flood damage resistant materials and construction techniques in areas of a structure that are below the Local Design Flood Elevation by intentionally allowing them to flood. The application of wet floodproofing as a flood protection technique under the National Flood Insurance Program (NFIP) is limited to enclosures below elevated residential and non-residential structures and to accessory and agricultural structures that have been issued variances by the community.

§ 310-32-10 Subdivisions and other developments.

A. 
General. Any subdivision proposal, including proposals for manufactured home parks and subdivisions, or other proposed new development in a flood hazard area shall be reviewed to assure that:
(1) 
All such proposals are consistent with the need to minimize flood damage.
(2) 
All public utilities and facilities, such as sewer, gas, electric and water systems are located and constructed to minimize or eliminate flood damage.
(3) 
Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from structures.
B. 
Subdivision requirements. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:
(1) 
The flood hazard area, including floodways, coastal high hazard areas, and Coastal A Zones, and base flood elevations, as appropriate, shall be delineated on tentative subdivision plats.
(2) 
Residential building lots shall be provided with adequate buildable area outside the floodway.
(3) 
The design criteria for utilities and facilities set forth in these regulations and appropriate codes shall be met.

§ 310-32-11 Site improvement.

A. 
Encroachment in floodways. Development, land disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with § 310-32-5C(1) of these regulations, that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flood discharge. If § 310-32-5C(1) is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with § 310-32-15B of this article and the floodway requirements of N.J.A.C. 7:13.
A.1. 
Prohibited in floodways. The following are prohibited activities:
(1) 
The storage of unsecured materials is prohibited within a floodway pursuant to N.J.A.C. 7:13.
(2) 
Fill and new structures are prohibited in floodways per N.J.A.C. 7:13.
B. 
Sewer facilities. All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with the New Jersey septic system regulations contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into flood waters, or impairment of the facilities and systems.
C. 
Water facilities. All new and replacement water facilities shall be designed in accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of Chapter 7 ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.
D. 
Storm drainage. Storm drainage shall be designed to convey the flow of surface waters to minimize or eliminate damage to persons or property.
E. 
Streets and sidewalks. Streets and sidewalks shall be designed to minimize potential for increasing or aggravating flood levels.
F. 
Limitations on placement of fill. Subject to the limitations of these regulations, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwater, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the UCC (N.J.A.C. 5:23). Proposed fill and encroachments in flood hazard areas shall comply with the flood storage displacement limitations of N.J.A.C. 7:13.
G. 
Hazardous materials. The placement or storage of any containers holding hazardous substances in a flood hazard area is prohibited unless the provisions of N.J.A.C. 7:13 which cover the placement of hazardous substances and solid waste is met.

§ 310-32-12 Manufactured homes.

A. 
General. All manufactured homes installed in flood hazard areas shall be installed pursuant to the Nationally Preemptive Manufactured Home Construction and Safety Standards Program (24 CFR 3280).
B. 
Elevation. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in § 310-32-15B.
C. 
Foundations. All new, relocated, and replacement manufactured homes, including substantial improvement of existing manufactured homes, shall be placed on foundations as specified by the manufacturer only if the manufacturer's installation instructions specify that the home has been designed for flood-resistant considerations and provides the conditions of applicability for velocities, depths, or wave action as required by 24 CFR Part 3285-302. The Floodplain Administrator is authorized to determine whether the design meets or exceeds the performance necessary based upon the proposed site location conditions as a precondition of issuing a flood damage prevention permit. If the Floodplain Administrator determines that the home's performance standards will not withstand the flood loads in the proposed location, the applicant must propose a design certified by a New Jersey licensed design professional and in accordance with 24 CFR 3285.301 (c) and (d) which conforms with ASCE 24, the accepted standard of engineering practice for flood resistant design and construction.
D. 
Anchoring. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.
E. 
Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the requirements of § 310-32-15B.
F. 
Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in § 310-32-15B of these regulations.
(1) 
Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by § 310-32-15B, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).

§ 310-32-13 Recreational vehicles.

A. 
Placement prohibited. The placement of recreational vehicles shall not be authorized in coastal high hazard areas and in floodways.
B. 
Temporary placement. Recreational vehicles in flood hazard areas shall be fully licensed and ready for highway use and shall be placed on a site for less than 180 consecutive days.
C. 
Permanent placement. Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive days, shall meet the requirements of § 310-32-15B for habitable buildings and § 310-32-12C.

§ 310-32-14 Tanks.

A. 
Tanks. Underground and above-ground tanks shall be designed, constructed, installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.

§ 310-32-15 Other development and building work.

A. 
General requirements for other development and building work. All development and building work, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in these regulations or the Uniform Construction Code (N.J.A.C. 5:23), shall:
(1) 
Be located and constructed to minimize flood damage;
(2) 
Meet the limitations of § 310-32-5C(1) of this article when located in a regulated floodway;
(3) 
Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the Local Design Flood Elevation determined according to § 310-32-2C;
(4) 
Be constructed of flood damage-resistant materials as described in ASCE 24 Chapter 5;
(5) 
Have mechanical, plumbing, and electrical systems above the Local Design Flood Elevation determined according to § 310-32-2C or meet the requirements of ASCE 24 Chapter 7 which requires that attendant utilities are located above the Local Design Flood Elevation unless the attendant utilities and equipment are:
(a) 
Specifically allowed below the Local Design Flood Elevation; and
(b) 
Designed, constructed, and installed to prevent floodwaters, including any backflow through the system from entering or accumulating within the components.
(6) 
Not exceed the flood storage displacement limitations in fluvial flood hazard areas in accordance with N.J.A.C. 7:13; and
(7) 
Not exceed the impacts to frequency or depth of offsite flooding as required by N.J.A.C. 7:13 in floodways.
B. 
Requirements for habitable buildings and structures.
(1) 
Construction and Elevation in A Zones not including Coastal A Zones.
(a) 
No portion of a building is located within a V Zone.
(b) 
No portion of a building is located within a Coastal A Zone, unless a licensed design professional certifies that the building's foundation is designed in accordance with ASCE 24, Chapter 4.
(c) 
All new construction and substantial improvement of any habitable building (as defined in § 310-32-9) located in flood hazard areas shall have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in § 310-32-2C, be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate.
(d) 
All new construction and substantial improvements of non-residential structures shall:
[1] 
Have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in § 310-32-2C, be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate; or
[2] 
Together with the attendant utility and sanitary facilities, be designed so that below the Local Design Flood Elevation, the structure:
[a] 
Meets the requirements of ASCE 24 Chapters 2 and 7; and
[b] 
Is constructed according to the design plans and specifications provided at permit application and signed by a licensed design professional, is certified by that individual in a floodproofing certificate, and is confirmed by an elevation certificate.
(e) 
All new construction and substantial improvements with fully enclosed areas below the lowest floor shall be used solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding. Enclosures shall:
[1] 
For habitable structures, be situated at or above the adjoining exterior grade along at least one entire exterior wall, in order to provide positive drainage of the enclosed area in accordance with N.J.A.C. 7:13; enclosures (including crawlspaces and basements) which are below grade on all sides are prohibited;
[2] 
Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is non-residential and the requirements of § 310-32-15B(1)(d)[2] are met;
[3] 
Be constructed to meet the requirements of ASCE 24 Chapter 2;
[4] 
Have openings documented on an Elevation Certificate; and
[5] 
Have documentation that a deed restriction has been obtained for the lot if the enclosure is greater than six feet in height. This deed restriction shall be recorded in the Office of the County Clerk or the Registrar of Deeds and Mortgages in which the building is located, shall conform to the requirements in N.J.A.C. 7:13, and shall be recorded within 90 days of receiving a Flood Hazard Area Control Act permit or prior to the start of any site disturbance (including pre-construction earth movement, removal of vegetation and structures, or construction of the project), whichever is sooner. Deed restrictions must explain and disclose that:
[a] 
The enclosure is likely to be inundated by floodwaters which may result in damage and/or inconvenience.
[b] 
The depth of flooding that the enclosure would experience to the Flood Hazard Area Design Flood Elevation;
[c] 
The deed restriction prohibits habitation of the enclosure and explains that converting the enclosure into a habitable area may subject the property owner to enforcement;
C. 
Garages and accessory storage structures. Garages and accessory storage structures shall be designed and constructed in accordance with the Uniform Construction Code.
D. 
Fences. Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of § 310-32-5C(1) of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain link, lattice, or picket fence, does not meet the requirement. Foundations for fences greater than six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in § 310-32-7 of this article.
E. 
Retaining walls, sidewalks, and driveways. Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of § 310-32-5C(1) of these regulations and N.J.A.C. 7:13.
F. 
Swimming pools. Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Above-ground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of § 310-32-5C(1) of these regulations. Above-ground swimming pools are prohibited in floodways by N.J.A.C. 7:13.
G. 
Roads and watercourse crossings.
(1) 
For any railroad, roadway, or parking area proposed in a flood hazard area, the travel surface shall be constructed at least one foot above the Flood Hazard Area Design Elevation in accordance with N.J.A.C. 7:13.
(2) 
Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of § 310-32-5C(1) of these regulations.

§ 310-32-16 Temporary structures and temporary storage.

A. 
Temporary structures. Temporary structures shall be erected for a period of less than 180 days. Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the base flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of flood waters.
B. 
Temporary storage. Temporary storage includes storage of goods and materials for a period of less than 180 days. Stored materials shall not include hazardous materials.
C. 
Floodway encroachment. Temporary structures and temporary storage in floodways shall meet the requirements of § 310-32-5C(1) of these regulations.

§ 310-32-17 Utility and miscellaneous Group U.

A. 
Utility and miscellaneous Group U. In accordance with Section 312 of the International Building Code, Utility and Miscellaneous Group U includes buildings and structures that are accessory in character and miscellaneous structures not classified in any specific occupancy in the Building Code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, communication equipment structures (gross floor area less than 1,500 sq. ft.), fences more than six feet (1,829 mm) high, grain silos (accessory to a residential occupancy), livestock shelters, private garages, retaining walls, sheds, stables, tanks and towers.
B. 
Flood loads. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the Local Design Flood Elevation as determined in § 310-32-2C.
C. 
Elevation. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the Local Design Flood Elevation as determined in § 310-32-2C and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.
D. 
Enclosures below base flood elevation. Fully enclosed areas below the design flood elevation shall be constructed in accordance with § 310-32-15B and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawlspace having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled-in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.
E. 
Flood-damage-resistant materials. Flood-damage-resistant materials shall be used below the Local Design Flood Elevation determined in § 310-32-2C.
F. 
Protection of mechanical, plumbing, and electrical systems. Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to or above the Local Design Flood Elevation determined in § 310-32-2C.
(1) 
Exception: Electrical systems, equipment and components, and heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment shall be permitted to be located below the Local Design Flood Elevation provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the Local Design Flood Elevation in compliance with the flood-resistant construction requirements of ASCE 24. Electrical wiring systems shall be permitted to be located below the Local Design Flood Elevation provided they conform to the provisions of NFPA 70 (National Electric Code).

§ 310-33-1 General standards.

The regulations of grading and filling promote the protection of environmental interests and protect the rights of adjacent property owners. All grading and filling operations are to be closely reviewed to protect the interests stated.

§ 310-33-2 Requirements and prohibitions.

All lots where fill material is deposited shall have clean fill and/or topsoil deposited which shall be graded to allow complete surface drainage of the lot into local storm sewer systems or natural drainage courses. No regrading of a lot shall be permitted which would create or aggravate water stagnation or a drainage problem on-tract or on adjacent properties, or which will violate the provisions of the soil erosion and sediment control, soil removal and redistribution, and floodplain provisions of this chapter. Grading shall be limited to areas shown on an approved site plan or subdivision. Any topsoil disturbed during approved excavation and grading operations shall be redistributed throughout the site.

§ 310-33-3 Site plan approval required; issuance of occupancy certificate.

[Added 3-22-2000 by Ord. No. 3-2000; amended 5-24-2000 by Ord. No. 6-2000]
Prior to the excavation, grading or clearing of land for construction of or issuance of any permit by the Code Officer or Zoning Officer of the Township for any building, structure or use within the Township, site plan approval for the proposed building, structure or use must be obtained from the Planning Board of the Township of Edgewater Park, and no certificate of occupancy shall be issued, nor shall occupancy take place until and unless all construction and required improvements shall have been completed in conformity with the approved site plan.

§ 310-34-1 General standards and requirements.

[Amended by Ord. No. 9-87]
A homeowners' association may be established by the applicant and shall be established by the applicant when required by the Planning Board of the Township. Creation of a homeowners' association may be mandated where the proposed development has common open space area or common property either for open space or for drainage/retention ponds. A homeowners' association shall be established before any homes are sold for the purpose of owning and assuming the maintenance responsibilities for the common open space and common property including drainage and retention ponds designated within a development; provided the reviewing board is satisfied that the organization will have a sufficient number of members to reasonably expect a perpetuation of the organization in a manner enabling to meet its obligations and responsibilities in owning and maintaining any property for the benefit of owners or residents of the development. If established, the organization shall incorporate the provisions set forth in this chapter.

§ 310-34-2 Mandatory membership.

Membership by all property owners, condominium owners stockholders under cooperative development and other owners of property or interests in the project shall be mandatory. Required membership and the responsibilities upon the members shall be in writing between the organization and each member in the form of a covenant with each agreeing to liability for his pro rata share of the organization's costs.

§ 310-34-3 Responsibility.

The organization shall be responsible for liability insurance, taxes, maintenance of recreational and other facilities, and any other obligations assumed by the organization, and shall hold the municipality harmless from any liability. The organization shall not be dissolved and shall not dispose of any open space or property by sale or otherwise, except to an organization conceived and established to own and maintain the open space or property for the benefit of such development, and thereafter such organization shall not be dissolved or disposed of any of its open space or property without first offering to dedicate the same to the municipality or municipalities wherein the land is located.

§ 310-34-4 Assessments.

The assessment levied by the organization upon each member may become a lien on each member's property. The organization shall be allowed to adjust the assessment to meet changing needs.

§ 310-34-5 Rights and obligations.

The organization shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of the covenants, model deeds, and Articles of Incorporation of the organization and the fact that every tenant and property owner shall have the right to use all common properties. These shall be set forth as a condition of approval and shall be submitted prior to the granting of final approval.

§ 310-34-6 Percentage ownership.

A. 
The Articles of Incorporation, covenants, bylaws, model deeds, and other legal instruments shall insure that control of the organization shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied and shall clearly indicate that in the event such organization shall fail to maintain the common open space or common property in reasonable order and condition, the municipality 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 common open space or common property 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 designated municipal body or officer, as the case may be, 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 deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the municipality, in order to preserve the common open space and common property 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 common open space and common property except when the same is voluntarily dedicated to the public by the owners.
B. 
Before expiration of said year, the municipality shall upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space and common property, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the municipality at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the municipality, continue for a succeeding year. If the municipality shall determine that such organization is ready and able to maintain said open space and property in reasonable condition, the municipality shall cease to maintain said open space and property at the end of said year. If the municipality shall determine such organization is not ready and able to maintain said open space and property in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space and property during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the municipality in any such case shall constitute a final administrative decision subject to judicial review.

§ 310-34-7 Costs.

The cost of such maintenance by the municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the common open space and common property in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on said properties and 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.

§ 310-35-1 General standards.

The Township is a community of lakes and streams in a natural setting, and their preservation constitutes a cornerstone of the development plan for the Township in general. The reviewing board, in ruling on a development plan application, shall take into consideration the effect which the proposed development will have on the lake and stream systems maintained in the Township and determine that no adverse effect leading to the destruction of the lakes and streams within the community or the geological or natural systems upon which the existence of the lakes and streams rely will occur. In general, the Board may utilize the data set forth within Technical Bulletin 72, prepared by the Urban Land Institute in evaluating the techniques employed in lake and stream management.

§ 310-35-2 Regulations.

An applicant for development plan approval shall address in his application the effect which the proposal will have on lakes, ponds and streams, either on applicant's site, adjacent to applicant's site, or into which storm surface water drainage may be expected to flow. In particular, the applicant shall provide documentation that the proposal:
A. 
Adverse impact. Would not have an adverse effect on the ecosystem, geological, or other natural systems of the lakes, streams, ponds, and adjoining shorelines;
B. 
Suitability. Clearly establishes that the proposal is suitable for the site;
C. 
Conflicting uses. Clearly establishes the proposed uses which are contemplated for the lakes, ponds and streams to assure that conflicting uses will not destroy the character and value of the lakes, ponds and streams;
D. 
Downstream. Will not have an adverse effect in changing water quality or changing stream flow characteristics to the detriment of downstream property owners and interests;
E. 
Water levels. Maintenance of proposed water levels will not adversely affect the ability to maintain proper water level for existing lakes and ponds affected by applicant's proposal. In evaluating this proposal, it should be noted that pond levels be maintained at a six-foot to seven-foot depth;
F. 
Thermal stratification. Will not create adverse conditions as a result of thermal stratification. In the event that adverse conditions are created, the applicant may be required to provide artificial aeration and agitation;
G. 
Siltation. Adequately provide for prevention of adverse siltation conditions in the development through the use of approved soil erosion and sediment control methods;
H. 
Water quality. Maintain proper water quality through the elimination of contamination;
I. 
Eutrophication. Shall adequately provide for the control of organic pollution resulting from man's activities (i.e., fertilizers, detergents, sewage).

§ 310-36-1 General standards.

Each applicant for development plan approval shall provide adequate lighting to insure safe movement of persons and vehicles and for security purposes. Lighting standards shall be of a type approved by the reviewing board. Directional lights shall be arranged so as to minimize glare and reflection on adjacent properties. In determining whether this provision has been met, the reviewing board may take into consideration the standards set forth in Illuminating Engineering Society Lighting Handbook (5th Edition) edited by John E. Kaufman, published by Illuminating Engineering Society, 545 East 46th Street, New York, New York.

§ 310-36-2 General provisions.

All area lighting shall provide translucent fixtures with shields around the light source. For each fixture and lighted sign, the total quantity of light radiated above a horizontal plane passing through the light source shall not exceed 7 1/2% of the total quantity of light emitted from the light source. Any other outdoor lighting shall be shown on the development plan in sufficient detail to allow determination of the effects at the property line and on nearby streets, driveways, residences and overhead sky glow. No lighting shall shine directly or reflect into windows, or into streets and driveways in such a manner as to interfere with driver vision. No lighting shall be of a yellow, red, green or blue beam nor be of a rotating, pulsating, beam, or other intermittent frequency. The intensity of such light sources, light shielding, the direction and reflection of the lighting, and similar characteristics shall be subject to development plan approval by the reviewing board. The objective of these specifications is to minimize undesirable off-site effects.

§ 310-36-3 Recommendation for average maintained horizontal illumination.

Area Classification
Roadway and Walkway Classification
Commercial
Intermediate
Residential
Footcandle
Lux
Footcandle
Lux
Footcandle
Lux
Vehicular roadways:
Freeway*
0.6
6
0.6
6
0.6
Major and expressway*
2.0
22
1.4
15
1.6
Collector
1.2
13
0.9
10
0.6
Local
0.9
10
0.6
6
0.4
Alleys
0.6
6
0.4
4
0.2
Pedestrian walkways:
Sidewalks
0.9
10
0.6
6
0.2
Pedestrianways
2.0
22
1.0
11
0.5
*
Both main line and ramps
For other critical areas, the recommended footcandles are as follows:
At intersections
2.0
Parking areas
1.0
Maximum at property lines
1.0
Residential areas
0.6 (average)
0.1 (minimum)
Plant entrances
2.0

§ 310-36-4 Standards.

The height of light poles shall be limited to the maximum height of structures permitted in the particular zoning district where they are located or 25 feet, whichever is less. The light itself shall be shielded to restrict the maximum apex angle of illumination to 150° to eliminate glaze.

§ 310-36-5 Streetlighting.

Streetlighting standards of a type and number approved by the reviewing board and municipal engineer shall be installed at street intersections and elsewhere as deemed necessary by the reviewing board. The developer shall provide for the installation of underground service for streetlighting.

§ 310-36-6 Spacing.

Standards should generally be spaced at a distance approximately equal to four times the height of a standard. Alternative standard spacing may be considered by the reviewing agency, provided it has adequate light intensity and is consistent with all other development.

§ 310-36-7 Maintenance.

The reviewing board shall consider maintenance and access regarding light locations. Light shall not be placed in high or inaccessible locations where maintenance would be difficult.

§ 310-37-1 General standards.

The lot size, width, depth, shape, orientation and the minimum building setback lines shall be appropriate for the location of the subdivision and for the type of development and use contemplated.

§ 310-37-2 Lot dimensions.

Lot dimensions and area shall not be less than the requirements of the zoning provisions.

§ 310-37-3 Side lot lines.

Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.

§ 310-37-4 Frontage on approved street.

Each lot must front upon an approved street with a right-of-way width of at least 50 feet.

§ 310-37-5 Two-street frontage.

Through lots with frontage on two streets will be permitted only under the following conditions:
A. 
Where the length of the lot between both streets is such that future division of the lot into two lots is improbable; and
B. 
Access shall be to the street with the lower traffic function and the portion of the lot abutting the other street shall be clearly labeled on the plat, and in any deed, that street access is prohibited.

§ 310-37-6 Road widening.

Where extra width has either been dedicated or is proposed for widening of existing street, lots shall begin at such new or proposed street line and all setbacks shall be measured from such line.

§ 310-37-7 Contiguous lots.

Two or more contiguous lots under the same ownership, regardless of whether or not each may have been approved as portions of a subdivision acquired by separate conveyance, or by other operation of law, and if one or more of said lots should not conform with the minimum area and/or dimension requirements for the zone in which it is located, the contiguous lots shall be considered as a single lot and the provisions of this title shall hold.

§ 310-37-8 Nonconforming lots.

A. 
Any nonconforming lots existing at the time of adoption of the ordinance codified in this chapter which do not meet the definition of the previous section may have a building permit issued for a permitted use without an appeal for a variance, provided:
(1) 
The building coverage is not exceeded;
(2) 
Parking requirements are met;
(3) 
The conforming lot abuts lots on either side that are developed;
(4) 
The nonconforming lot is the largest possible assemblage of continuous land under the preceding section.
B. 
Where the nonconforming lot abuts either a vacant lot or an oversized developed lot, the issuance of a building permit may be delayed until the approving authority determines the reasonableness of requiring the applicant to acquire additional land to reduce or eliminate the nonconformity. Where the resulting lot is still conforming, the yard and height provisions may be reduced to the same percentage the area of the undersized lot bears to the zone district requirements, except that no side yard shall be less than half that required by this title, or five feet, whichever is greater, and no building shall be required to have a height less than 12 feet.

§ 310-37-9 Dedicated.

Whenever land has been dedicated or conveyed to the municipality by the owner of a lot in order to meet the minimum street width requirements or to implement the Official Map or Master Plan, and which lot existed at the effective date of the ordinance codified in this chapter, the Building Inspector shall not withhold a building and/or occupancy permit when the lot depth and/or area was rendered substandard due to such dedication and where the owner has no adjacent lands to meet the minimum requirements.

§ 310-37-10 Double frontage.

Double-frontage and reverse-frontage lots shall be avoided except where essential to provide separation of residential development from traffic arteries or to overcome specific disadvantages of topography and orientation. A planting screen easement at least 10 feet wide shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use. There shall be no right of access across such easement.

§ 310-37-11 Odd shaped lots.

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

§ 310-37-12 Extra lot depth.

Residential lots fronting or arterial streets lots having reverse frontage on arterial streets and lots backing on streams shall be provided with 30 feet extra depth, which may include utilities easements.

§ 310-37-13 Suitable lots.

Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as soil conditions, rock formation, flood conditions or similar circumstances, the reviewing board may after adequate investigation, withhold approval of such lots or require remedial action before approval.

§ 310-37-14 Frontage.

No single-family residential dwelling unit shall be permitted to front on a primary road, a major arterial road, or on a controlled-access highway except where no acceptable alternate access is available.

§ 310-37-15 Lots backing on railroads.

Lots backing on railroad right-of-way shall have additional depth equal to no less than 25% of the depth of the majority of the lots in the proposed subdivision. In the interest of maintaining the safety and welfare of future residents of the lots backing on a railroad, a protective fence and landscaped buffer screen shall be erected by the subdivider, the type and location of which shall be subject to the approval of the reviewing board.

§ 310-37-16 Avoiding headlight glare.

If practical, lot sidelines shall be centered on street ends where "T" intersections exist to prevent automobile lights from shining into residences.

§ 310-38-1 General standards.

Monuments shall be required to preserve lot identities.

§ 310-38-2 Size, shape and placement.

Monuments shall be the size and shape required by N.J.S.A. 46:26b-3 of the Map Filing Law, as amended, and shall be placed in accordance with said statute and indicated on the file plat. All lot corners shall be marked with a metal alloy pin of permanent character.

§ 310-39-1 General standards.

Natural resources such as trees, brooks, swales, hilltops and views, shall be preserved whenever possible. On individual lots, care shall be taken to preserve selected trees to enhance soil stability and the landscape treatment of the area.

§ 310-39-2 Topsoil protection.

Topsoil moved during the course of construction shall be redistributed to all areas of the development and shall be stabilized by seeding or planting. At no time shall topsoil be removed from the site without written permission from the reviewing board.

§ 310-39-3 Existing trees.

To the fullest extent possible, existing trees shall be preserved by the developer. Special consideration shall be given to the layout of lots and the position of dwellings on the lots to insure that existing trees are preserved. Special precautions shall also be taken to protect existing trees during the process of grading lots and roads. Where any land other than streets is to be dedicated to public use, the developer shall not remove any trees or topsoil from the site or change the site in any way without written permission from the reviewing board.

§ 310-39-4 Watercourses.

Where a development is traversed by a natural lake, pond or stream, the boundaries or alignment of said watercourse shall be preserved and shall conform substantially with the natural alignment or boundary.

§ 310-39-5 Unique physical features.

Unique physical features such as historic landmarks, rock outcropping, hilltop lookouts and similar features shall be preserved if possible. The reviewing board may, after proper investigation, withhold approval of the lotting of such area or areas.

§ 310-40-1 General standards.

The applicant shall provide for proper pedestrian and vehicular traffic movement within and adjacent to the site. The reviewing board shall insure that all parking spaces are usable and safely and conveniently arranged. The design and 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, and the impact of the facilities on adjacent buildings and land.

§ 310-40-2 Access to and from lots.

Drives shall be limited to a maximum of two to any street, except when the frontage of a property along any one street exceeds 500 feet, the number of drives to that street may be based on one drive for each 250 feet of property frontage. Each drive shall handle no more than two lanes of traffic in each direction; be at least 50 feet or 1/2 the lot front, whichever is greater, but need not exceed 300 feet from the street line of any intersecting street; and be at least 20 feet from any property line. The width of the curb cut shall be determined by the type of traffic to be handled. Driveways shall be reviewed by the approving authority giving consideration to the width, curbing, direction of traffic flow and radii of curves, except that in driveways exceeding 24 feet in width, consideration shall be given to a traffic flow divider. Depressed curbing shall extend across the driveway opening. Radii of standard curbing shall be provided to both sides of the driveway opening.

§ 310-40-3 Access to parking and loading spaces.

Individual parking and loading spaces shall be served by on-site drive aisles designed to permit each motor vehicle to and from each parking and loading space without requiring the moving of any other motor vehicle. Where the angle of parking is different on both sides of the aisle, the larger required aisle width shall prevail.

§ 310-40-4 Buffers.

Parking and loading areas for commercial and industrial uses shall be buffered and screened from adjoining streets, an existing residential use, or any residential zoning district in a manner meeting the objectives of Article 26, Buffers and Screening, of this chapter.

§ 310-40-5 Curbing.

A. 
All off-street parking areas containing six or more spaces and all off-street loading areas shall have concrete or Belgian block curbing around the perimeter of the parking and loading areas, and to separate major interior driveways from the parking and loading spaces. Curbing shall also be installed within the parking or loading area to define segments of them. Precast concrete wheel blocks shall be installed on all parking spaces which are not required to be curbed.
B. 
All curbing shall be located in conjunction with an overall drainage plan. Curbing installed at locations requiring pedestrian access shall be designed in accordance with the Barrier Free Design Regulations of the State of New Jersey, and the complimentary standards issued by the New Jersey Department of Transportation.

§ 310-40-6 Dimensions of off-street parking spaces.

Off-street parking spaces shall be 10 feet wide and a minimum of 20 feet in length.

§ 310-40-7 Handicapped parking.

A. 
Parking spaces for the handicapped shall be provided as follows:
(1) 
One space for parking lots containing up to 20 spaces;
(2) 
Five percent of all spaces, but not more than 20 spaces, for parking lots with more than 20 spaces.
B. 
Designated parking spaces for handicapped drivers shall be as close as possible to the route of travel to the accessible principal entrance or entrances to the building, and shall be identified with a clearly visible sign mounted off the ground and displaying the International Symbol of Access and containing appropriate wording, e.g., "Disabled Drivers Only."
C. 
Where the designated space cannot be within 200 feet of the accessible principal entrance or entrances, a dropoff area is to be provided within 100 feet of such entrance or entrances.
D. 
Parking spaces for individuals with physical handicaps shall be 12 feet wide with an unobstructed, near-level, paved surface that is suitable for wheeling and walking.
E. 
Such parking spaces shall allow room for individuals in wheelchairs or individuals on braces, canes and crutches to get in and out of either side of an automobile.
F. 
A standard parking space parallel to a curb shall constitute an acceptable space for handicapped parking providing it allows sufficient area for individuals in wheelchairs or individuals on braces and crutches to get in and out of either side of an automobile onto a near-level, paved surface that is suitable for wheeling and walking, and affords route of travel accessibility to the building.
G. 
Care in planning shall be exercised so that individuals in wheelchairs and individuals using braces and crutches are not compelled to wheel or walk behind parked cars.
H. 
Where applicable, curb ramps shall be provided to permit handicapped people access from parking area to sidewalk.

§ 310-40-8 Drive aisle widths.

Drive aisle widths in parking areas shall conform to the following minimum requirements:
Angle of Parking Spaces
Spaces: 10 feet x 20 feet
One-Way Aisle
(feet)
Two-Way Aisle
(feet)
90°
22
25
60°
18
20
45°
15
20
30°
12
18
Parallel
12
18

§ 310-40-9 Off-street loading areas.

Off-street loading areas shall have a minimum vertical clearance of 15 feet and be designed in accordance with the following schedule:
Loading Space
Aisle Width
Length
(feet)
Width
(feet)
90°
(feet)
60°
(feet)
60
10
72
66
60
12
63
57
60
14
60
54

§ 310-40-10 Drainage.

All parking and loading areas shall have drainage facilities installed in accordance with good engineering practice as approved by the reviewing board engineer and in accordance with Article 28, Drainage. Where subbase conditions are wet, spongy, or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least six inches to 12 inches below the proposed finished grade and filled with a suitable subbase material as determined by the reviewing board engineer. Where required by the engineer, a system of porous concrete pipe, subsurface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material shall be applied.

§ 310-40-11 Surfacing.

Surfacing shall be approved as part of the plan approval.
A. 
Areas of ingress and egress loading and unloading areas, major interior driveways, aisles and other areas likely to experience similar heavy traffic shall be paved with not less than five inches of compacted base course of plant-mixed bituminous stabilized base course constructed in layers not more than 2 1/2 inches compacted thickness, and prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey Department of Transportation Standard Specifications for Roads and Bridge Construction (1961) and amendments thereto. A minimum two-inch-thick compacted wearing surface of bituminous concrete (FABC) or equivalent, shall be constructed thereon in accordance with Division 3, Section 10, of the New Jersey Department of Transportation Specifications and amendments thereto.
B. 
Parking space areas and other areas likely to experience light traffic shall be paved with not less than three inches of compacted base course of plant-mixed bituminous stabilized base course, or equivalent, prepared and constructed in accordance with Division 3, Section 2A of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction (1961) and amendments thereto. At least two-inch compacted wearing surface of bituminous concrete (FABC), or equivalent, shall be constructed thereon in accordance with Division 3, Section 10, of the New Jersey Department of Transportation Specifications and amendments thereto.

§ 310-40-12 Landscaping.

Landscaping in parking and loading areas shall be shown on the landscaping plan. Trees shall be staggered and/or spaced so as not to interfere with driver vision, have branches no lower than six feet, and placed at the rate of at least one tree for every 20 parking spaces. All areas between the parking area and the building shall be landscaped with trees, shrubs and ground cover. Any plantings which do not live shall be replaced within two years, or two growing seasons. A majority of the parking areas for more than 50 cars shall be obscured from streets by buildings, landscaped berms, natural ground elevations, or plantings, singularly or in combination.

§ 310-40-13 Location of parking spaces and loading areas.

A. 
Loading spaces shall be located at the side or rear of the building and on the same lot as the use being served, may abut the building, and shall be located to directly serve the building for which the space is being provided.
B. 
No off-street parking or loading space shall have direct access from a street but shall have provided adequate driveways and turning areas.
C. 
No loading or parking spaces shall be located in any required buffer area.
D. 
No required off-street parking shall be permitted in streets, fire lanes, driveways, aisles, sidewalks or turning areas, or within 20 feet of the building being served.

§ 310-40-14 Minimum loading requirements.

Adequate off-street loading and maneuvering space shall be provided for every use. Loading space shall not be considered as supplying off-street parking space. The number of spaces shall be based on the following schedule:[1]
A. 
Commercial, general business. For every building, structure or part thereof having over 4,000 square feet of gross floor area erected and occupied for commerce, hospital, laundry, dry cleaning, places of public and quasi-public assembly, and other similar uses involved in the receipt and distribution by vehicles of materials or merchandise, there shall be provided and permanently maintained adequate space for standing, loading and unloading services in order to avoid undue interference with the public use of streets or alleys. Every building, structure or addition thereto having a use which complies with the above definition shall be provided with at least one loading space, one additional truck space shall be provided for every additional 20,000 square feet, or fraction thereof, of gross area in the building.
B. 
Shopping centers and industrial. Each activity shall provide for off-street loading and unloading with adequate ingress and egress from streets. Each space shall be at least 15 feet by 40 feet. One space shall be provided for the first 7,000 square feet of gross floor area or fraction thereof in each building and one additional space for each additional 10,000 square feet of gross floor area or fraction thereof. There shall be no loading or unloading from the street.
(1) 
Loading area requirements may be met by combining the floor areas of several activities taking place under one roof and applying the above ratios.
(2) 
Shopping centers shall provide sufficient loading areas to adequately service the activities within the shopping center.
C. 
There shall be at least one central point for trash/garbage pickup in multifamily and nonresident uses which shall be separated from parking and loading areas by locating such facility outside the building in totally enclosed metal containers, obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three. If located within the building, approval of trash/garbage storage facility shall be obtained from the Board of Fire Engineers. If a container is used for trash/garbage collection functions, it may be located adjacent to or within the general loading areas, provided the containers do not interfere with or restrict in any manner loading and unloading functions.
[1]
Editor's Note: Original 16.74.020.M.1, Minimum Parking Requirements, which was previously included in this section, was repealed 11-16-2006 by Ord. No. 17-2006. See now § 310-16-6, Off-street parking.

§ 310-40-15 Modifications.

A. 
Authorization. The reviewing board, in its review of the site plan for a project required to furnish parking pursuant to the provisions of this chapter, shall review the adequacy of the provisions called for to achieve proper planning objectives for the site. Where the reviewing board shall determine that less than the entire area called for is necessary to achieve proper traffic flow, prevent traffic congestion, provide proper customer area for parking of vehicles, and in general, where the reviewing board is satisfied by the competent proofs produced that the public is protected with regard to its interest in the standard of health, safety and welfare by the production of parking areas less than those required under the strict application of the standards contained under this title, it shall have the right to modify the requirement to the extent and under the provisions hereinafter stated.
B. 
Proofs required. Prior to allowing the modification referred to under Subsection A of this section, the reviewing board shall take expert testimony concerning the parking needs of the tract under consideration. This testimony shall be placed in the reviewing board minutes in the form of written reports, studies or statistics or a detailed abstract of oral comments. The reviewing board shall place in the record any previous history known to the reviewing board concerning the site or adjacent or surrounding areas which affects the reviewing board's determination. The reviewing board shall make specific findings in writing concerning the needs of the tract with regard to parking area and all such findings shall be supportable in and by the record established before the reviewing board. It shall be the responsibility of the applicant for site plan approval to pay prior to site plan approval the costs of all professional expert witnesses, professional assistance or evidence needed by the reviewing board to reach its decision. In addition to the above, the applicant at his expense may produce additional testimony other than that produced by the reviewing board to bring all factors needed to make a proper, reasonable decision to the attention of the reviewing board.
C. 
Action. If upon the record the reviewing board shall determine that the proper development of the tract would require less than the called-for parking requirement, the reviewing board may reduce the requirement to the level which the reviewing board determines meets the needs of the tract conditioned upon the requirements hereinafter stated.
D. 
Requirements.
(1) 
Maximum modification. In no event shall the reviewing board reduce the parking requirement by more than 75% of the original requirements set forth in this title for the tract involved.
(2) 
Landscaped parking. All land resulting from the reduction of the parking requirements elsewhere contained in this title shall be specifically noted on the site plan as "landscaped parking" and shall not be built upon nor considered in computing the front, side, or rear yard areas, nor the buffer area.
(3) 
Landscaping. All land resulting from the reduction of the parking requirement elsewhere contained in this title shall be suitably improved with landscaping in accordance with requirements elsewhere found in this title to provide additional drainage area, open green space, additional area to enhance percolation of the site and/or better aesthetics for the site.
(4) 
Performance bonds. The posting of a performance bond or other acceptable security device acceptable to the Township Committee of the Township shall be issued to the Township to cover 120% of the costs of improving the landscaped parking area with paved parking equal to that required elsewhere on the tract. Said bond or other security device shall run for a period of two years from the issuance of a certificate of occupancy and no certificate of occupancy shall be issued until said bond or other security device is posted.
(5) 
Maintenance bond. The posting of a maintenance bond or other security device acceptable to the Township Committee of the Township calculated by the reviewing board engineer is to be sufficient in the amount to assure the Township that the landscaped area will be properly maintained in accordance with the site plan approval. Said bond or other security device shall run for a period of two years from the issuance of a certificate of occupancy permit and no certificate of occupancy shall be issued until this bond or other security device is posted.
E. 
Change in approval.
(1) 
Application procedure. At any time during the period that the bonds or security devices required above are in effect, the applicant or the reviewing board may require a hearing with regard to the adequacy of the parking facilities in existence. Such a hearing shall be treated as a continuation of the original development plan hearing and no new application, application fee, or escrow shall be requested, except that the applicant shall still be required to pay for all the costs of experts, or professionals deemed necessary to properly review the plan in question.
(2) 
Notice or hearing request. Any applicant requesting a hearing shall make his request at least 14 days prior to the meeting at which consideration is sought. Where the reviewing board requests the hearing, a notice sent certified mail, return receipt requested, shall issue from the Board at least 10 days prior to the hearing date.
(3) 
Hearing. At the hearing, proofs to the same extent required under Subsection B of this section shall be produced in reviewing the needs of the site. In addition, the reviewing board may take into consideration the actual operational experience incurred with the site as proven through witnesses and police records and subsequent developments involving tracts adjacent to, nearing or surrounding the site in question.
(4) 
Order. After the hearing, the reviewing board may allow or require additional parking to be provided; said action shall be deemed an order and shall include a time period in which compliance is to occur. Said time period shall be based on reasonable engineering estimates. If necessary, the performance bond or other security device shall be extended to cover a period of 14 days after the completion date set forth in the order and failure of the applicant to comply with the Board's order shall grant the Township the right to obtain funds from the bonding company or surety to perform the work involved.

§ 310-40-16 Electric vehicle supply/service equipment.

[Added 2-21-2023 by Ord. No. 2023-02]
A. 
Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and make-ready parking spaces through municipal parking regulations and other standards. EVSE and make-ready parking spaces will support the state's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and stormwater runoff contaminants. The goals are to:
(1) 
Provide adequate and convenient EVSE and make-ready parking spaces to serve the needs of the traveling public.
(2) 
Provide opportunities for residents to have safe and efficient personal EVSE located at or near their places of residence.
(3) 
Provide the opportunity for nonresidential uses to supply EVSE to their customers and employees.
(4) 
Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CERTIFICATE OF OCCUPANCY
The certificate provided for in N.J.A.C. 5:23-2, indicating that the construction authorized by the construction permit has been completed in accordance with the construction permit, the act and the regulations. See the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), and regulations adopted pursuant thereto.
CHARGING LEVEL
The amount of voltage provided to charge an electric vehicle varies depending on the type of EVSE as follows:
(1) 
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt AC circuit.
(2) 
Level 2 operates on a forty- to 100-amp breaker on a 208- or 240-volt AC circuit.
(3) 
Direct-current fast charger (DCFC) operates on a sixty-amp or higher breaker on a 480-volt or higher three-phase circuit with special grounding equipment. DCFC stations can also be referred to as "rapid charging stations" that are typically characterized by industrial-grade electrical outlets that allow for faster recharging of electric vehicles.
ELECTRIC VEHICLE
Any vehicle that is licensed and registered for operation on public and private highways, roads, and streets; and operates either partially or exclusively using an electric motor powered by an externally charged onboard battery.
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE
The equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, point-of-sale equipment, and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct-current electricity. "EVSE" is synonymous with "electric vehicle charging station."
MAKE-READY PARKING SPACE
The prewiring of electrical infrastructure at a parking space, or set of parking spaces, to facilitate easy and cost-efficient future installation of electric vehicle supply equipment or electric vehicle service equipment, including, but not limited to, Level Two EVSE and direct-current fast chargers. "Make-ready" includes expenses related to service panels, junction boxes, conduit, wiring, and other components necessary to make a particular location able to accommodate electric vehicle supply equipment or electric vehicle service equipment on a "plug and play" basis. "Make-ready" is synonymous with the term "charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et seq.).
PRIVATE EVSE
EVSE that has restricted access to specific users (e.g., single- and two-family homes, executive parking fleet parking with no access to the general public).
PUBLICLY ACCESSIBLE EVSE
EVSE that is publicly available (e.g., park and ride, public parking lots and garages, on-street parking, shopping center parking, nonreserved parking in multifamily parking lots, etc.).
C. 
Approvals and permits.
(1) 
An application for development submitted solely for the installation of EVSE or make-ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
(2) 
EVSE and make-ready parking spaces installed pursuant to Subsection D below in development applications that are subject to site plan approval are considered a permitted accessory use as described in Subsection C(1) above.
(3) 
All EVSE and make-ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
(4) 
The Zoning Officer shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of the Township of Edgewater Park's land use regulations.
(5) 
An application for development for the installation of EVSE or make-ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq., or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the administrative officer, provided the application meets the following requirements:
(a) 
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
(b) 
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
(c) 
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety standards concerning the installation, and any state rule or regulation concerning electric vehicle charging stations.
(6) 
An application pursuant to Subsection C(5) above shall be deemed complete if:
(a) 
The application, including the permit fee and all necessary documentation, is determined to be complete;
(b) 
A notice of incompleteness is not provided within 20 days after the filing of the application; or
(c) 
A one-time written correction notice is not issued by the Zoning Officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.
(7) 
EVSE and make-ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
(8) 
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.
D. 
Requirements for new installation of EVSE and make-ready parking spaces.
(1) 
Multiple dwellings.
(a) 
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
[1] 
Prepare as make-ready parking spaces at least 15% of the required off-street parking spaces and install EVSE in at least 1/3 of the 15% of make-ready parking spaces;
[2] 
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional 1/3 of the original 15% of make-ready parking spaces; and
[3] 
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final 1/3 of the original 15% of make-ready parking spaces.
(b) 
Throughout the installation of EVSE in the make-ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.
(c) 
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
(2) 
Parking lots and garages.
(a) 
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection D(1) above shall:
[1] 
Install at least one make-ready parking space if there will be 50 or fewer off-street parking spaces.
[2] 
Install at least two make-ready parking spaces if there will be 51 to 75 off-street parking spaces.
[3] 
Install at least three make-ready parking spaces if there will be 76 to 100 off-street parking spaces.
[4] 
Install at least four make-ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
[5] 
Install at least 4% of the total parking spaces as make-ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
(b) 
In lieu of installing make-ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
(c) 
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or make-ready parking spaces at a faster or more expansive rate than as required above.
(d) 
Notwithstanding the provisions of this subsection, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.
E. 
Minimum parking requirements.
(1) 
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces pursuant to § 310-16-6 of the Township Code.
(2) 
A parking space prepared with EVSE or make-ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
(3) 
All parking space calculations for EVSE and make-ready equipment shall be rounded up to the next full parking space.
(4) 
Additional installation of EVSE and make-ready parking spaces above what is required in Subsection D above may be encouraged but shall not be required in development projects.
F. 
Reasonable standards for all new EVSE and make-ready parking spaces.
(1) 
Location and layout of EVSE and make-ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines, and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.
(2) 
Installation.
(a) 
Installation of EVSE and make-ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
(b) 
Each EVSE or make-ready parking space that is not accessible for people with disabilities shall be not less than nine feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.
(c) 
To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and make-ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(d) 
Each EVSE or make-ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(3) 
EVSE parking.
(a) 
Publicly accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles parked in EVSE spaces are to be parked in those spaces only while connected to the EVSE.
(b) 
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
(c) 
Public parking. Pursuant to N.J.S.A. 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in an EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code. Signage indicating the penalties for violations shall comply with Subsection F(5) below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d) 
Private parking. The use of EVSE shall be monitored by the property owner or designee.
(4) 
Safety.
(a) 
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green-painted pavement and/or curb markings, a green-painted charging pictograph symbol, and appropriate signage pursuant to Subsection F(5) below.
(b) 
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the Township of Edgewater Park's ordinances and regulations.
(c) 
Adequate EVSE protection, such as concrete-filled steel bollards, shall be used for publicly accessible EVSE. Nonmountable curbing may be used in lieu of bollards if the EVSE is set back a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be three to four feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
(d) 
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in Subsection F(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designed and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e) 
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
(f) 
Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(g) 
Publicly accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A twenty-four-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the Township of Edgewater Park shall require the owners/designee of publicly accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.
(5) 
Signs.
(a) 
Publicly accessible EVSE shall have posted regulatory signs, as identified in this section, allowing only charging electric vehicles to park in such spaces. For purposes of this section, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs, including parking restrictions, shall be installed immediately adjacent to, and visible from, the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.
(b) 
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.
(c) 
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection F(5)(b) above.
(d) 
In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly accessible EVSE parking spaces:
[1] 
Hours of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;
[2] 
Usage fees and parking fees, if applicable; and
[3] 
Contact information (telephone number) for reporting when the equipment is not operating or other problems.
(6) 
Usage fees.
(a) 
For publicly accessible municipal EVSE:
[1] 
In addition to any parking fees, the fee to use parking spaces within the municipality identified as EVSE spaces shall be established by a resolution adopted by the governing body.
[2] 
This fee may be amended by a resolution adopted by the governing body.
(b) 
Private EVSE. Nothing in this section shall be deemed to preclude a private owner/designee of an EVSE from collecting a fee for the use of the EVSE, in accordance with applicable state and federal regulations. Fees shall be available on the EVSE or posted at or adjacent to the EVSE parking space.

§ 310-41-1 General standards.

Landscaping shall be provided as part of the overall development plan design. This landscaping shall be integrated into building arrangement, topography, parking and buffering requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and the use of building and paving materials in an imaginative manner.

§ 310-41-2 Natural topography and vegetation.

The applicant shall use natural topography and vegetation where possible. Large parking areas are not to be stripped of vegetation without requiring reseeding or replanting of all unpaved areas.

§ 310-41-3 Saving of trees.

Every attempt shall be made by applicant to save existing trees even at the loss of parking spaces. Clumps of trees should be saved over single trees. Care should be taken by the reviewing board to properly evaluate site clearing proposals recognizing that wild trees often do not survive when their habitat is drastically altered. Where loss of trees is suggested, replacement should be required.

§ 310-41-4 Slopes.

Slopes in excess of three to one shall be avoided unless necessitated by unusual site limitations. All slopes shall be stabilized in a manner acceptable to the reviewing board engineer.

§ 310-41-5 Parking areas in front of buildings.

Parking lots located in front of buildings shall be screened from adjacent roadways.

§ 310-41-6 Screen areas and buffers.

Tall, dense screen are required along nonpenetrable sidelines, rear property lines and where commercial or industrial parking areas abut residences or residential zones. Evergreens such as white pine, Austrian pine, Canadian hemlock, Serbian spruce, Arborvitae, and upright yews may be used, provided they meet specified height requirements. All screening and buffering shall be in accordance with Article 26, Buffers and Screening.

§ 310-41-7 Driveways.

The areas adjacent to the driveways shall be planted in low plants or grass. Appropriate low plants include butterfly bush, Sargent juniper, inkberry, Japanese barberry or shrubby cinquefoil.

§ 310-41-8 Other required landscaped areas.

A. 
Where a development plan indicates raised walkways between opposing rows of cars, areas at the end of bays, or where proposed or required by the reviewing board specific planting islands are indicated, these areas shall be landscaped. Planting strips may be as narrow as five feet, with a fifteen-foot to twenty-foot width most desirable. All should be raised and protected by permanent concrete curbing.
B. 
The applicant shall landscape 5% to 10% of the parking area provided.

§ 310-41-9 Natural setting.

In proposing a landscaping plan an applicant shall take care, and the Board in reviewing shall require, that a natural setting consistent with prevailing community standards be preserved. Recognizing that a major community asset lies in the preservation of the natural condition of property, all efforts in the area of landscaping shall be exercised to provide consistent landscaping proposals with existing foliage.

§ 310-42-1 General standards; connections.

It is recognized by the Township that a catalogue of regulations cannot include all conditions which may reasonably come before the reviewing board on development plan approval. All uses must demonstrate that they meet certain basic performance requirements. The items listed below are designed to provide for uses which are consistent with the health, safety and welfare of the community at large. A reviewing board shall take into consideration and evaluate proposals based upon their compliance with standards set forth below.

§ 310-42-2 Electricity.

Electronic equipment shall be shielded so there is no interference with any radio or television reception beyond the operator's property as the result of the operation of such equipment.

§ 310-42-3 Glare.

No use shall direct or reflect a steady or flashing light beyond its lot lines. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered and directed as approved on the development plan so that any glare, direct light, flashes or reflection will not interfere with the normal use of nearby properties, dwelling units and streets.

§ 310-42-4 Air, water and environmental pollution.

No use shall omit heat, odor, vibrations, noise or any other pollutant into the ground, water or air that exceeds the provisions of this title. No building permit, zoning permit or certificate of occupancy shall be issued for any use until a state permit has been issued, where a state permit is required, to ascertain and approve the level of emission, quality of emission, type and quality of emission control, and such other state regulations governing the emission of pollutants into the ground, water or air.

§ 310-42-5 Storage and waste disposal.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
No materials or wastes shall be deposited upon a lot in such form or manner that they can be transferred off the lot, directly or indirectly by natural forces such as precipitation, surface water, evaporation or wind. All materials or wastes which might create a pollutant, be a safety hazard, or be a health hazard shall be stored indoors and/or be enclosed in appropriate containers to eliminate such pollutant or hazard. No hazardous materials shall be stored on a property except under conditions approved by the fire department and the New Jersey Department of Labor and Workforce Development.

§ 310-42-6 Alternative energy sources.

Alternative energy sources (e.g., windmills, solar collectors) shall not be installed without proper reviewing board approval. No such facility shall interfere with normal use of nearby properties, dwelling units and streets.

§ 310-43-1 General standards.

All utility service, except potable water, shall be connected to an approved public utility system, where one exists, if applicable and approved by the public utility. The connection of private water systems to public systems shall be optional. The connection of alternate energy sources should be made to public energy sources to insure continued service at desirable levels. The use or disposal of wastes from alternate sewerage treatment facilities should comply with existing local, state and federal regulations.

§ 310-43-2 Servicing utility.

The developer shall arrange with the servicing utility for the underground installation of the utilities distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners.

§ 310-43-3 Written documentation.

The developer shall submit to the reviewing board, prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance or intended full compliance with the provisions of this section; provided, however, lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities overhead lines shall be installed underground. In the case of existing overhead utilities, should a road widening, or an extension of service, or other such condition occur as a result of the development and necessitate the replacement, relocation or extension of such utilities, such replacement, relocation or extension shall be underground.

§ 310-43-4 Screening.

Where natural foliage is not sufficient to provide year-round screening of any utility apparatus appearing above the surface of the ground, other than utility poles, the applicant shall provide sufficient live screening to conceal such apparatus year-round. All screening shall be in accordance with Article 26, Buffers and Screening, of this chapter.

§ 310-43-5 Hardship.

On any lot where by reason of soil conditions, wooded area, or other special condition of land, the applicant deems it a hardship to comply with the provisions of this chapter, the developer may apply to the reviewing board for an exception from the terms of this chapter. Where overhead lines are permitted as the exception, the alignments and pole locations shall be carefully routed to avoid locations along horizons, avoid the clearing of swaths through wooded areas by selective cutting and a staggered alignment, by planting trees in open areas at key locations to minimize the views of the poles and alignments, by following rear lot lines and other interior locations, and similar design and location considerations to lessen the visual impact of overhead lines.

§ 310-43-6 Exemption.

Any installation under this chapter to be performed by a servicing utility shall be exempt from requiring performance guarantees, but shall be subject to inspection and certification by the municipal engineer.

§ 310-44-1 General standards.

It shall be the responsibility of the applicant to provide for the adequate disposal of wastewater emanating from a proposal for which approval is sought. The reviewing board shall determine both the method and the effect which the proposed solution to the requirement presents both to those who will be utilizing the applicant's tract and to those who may be affected by the recommended solution.

§ 310-44-2 Connection required.

If a sewage treatment and distribution system is accessible, the developer shall construct facilities in such a manner as to provide adequate sewerage within the development to transport all sewage from each lot and the total development to said treatment and distribution system. Where a treatment and distribution system is part of the adopted Township capital improvements program or master sewer plan and said system will be reasonably accessible to the proposed development, the developer shall install dry sewers designed to tie into the proposed facility upon its completion.

§ 310-44-3 Standard.

Any sanitary sewer collection system shall be adequate to handle all present and probable future development. Alignments outside streets shall require easements or rights-of-way in accordance with Article 29, Easements, of this chapter.

§ 310-44-4 Approvals.

Any treatment plant and collection system, including individual on-lot septic systems, shall be designed in accordance with the requirements of the State Department of Environmental Protection and Township ordinances.

§ 310-44-5 Construction standards.

Each applicant proposing to utilize on-site disposal shall comply with Public Law 199 as administered by the State Department of Environmental Protection.

§ 310-44-6 Suitability.

Each applicant proposing on-site sewage disposal shall demonstrate that the area is suitable for septic treatment and in this regard, each applicant is required to cause two percolation tests to be undertaken in the immediate area where the septic field is proposed to be constructed which demonstrates compliance with the Township ordinances dealing with on-site wastewater disposal. Where, due to the nature of soil conditions as set forth within plans prepared by Edgewater Park Township, there is a question concerning the suitability of the lands for septic system construction, the reviewing board may require that the applicant produce soil logs in addition to the percolation tests suggested above to demonstrate the suitability of the land in question for the use proposed. In making this determination, the reviewing board shall require one soil log per three acres of ground proposed for development. The applicant shall be required subsequent to taking the soil log to cover up all soil log pits to eliminate the potential of a nuisance. Each applicant proposing to utilize on-site disposal of wastewater shall demonstrate in his application that his proposal will not contaminate both surface water and subsurface water quality to the extent that they will become injurious to the health, safety and welfare of the community at large or detrimental to the ecological balance in existence prior to construction.

§ 310-44-7 Design.

A. 
Sanitary sewer pipe shall be sized for full flow from the tract. The Township Engineer may require larger pipe sized to accommodate future extensions.
B. 
Minimum grades at terminal runs of all sanitary sewer lines shall be 1%.
C. 
Manholes shall be placed at every point where the sanitary sewer line changes direction. In no instance shall the spacing exceed 400 feet.
D. 
Prior to the final approval, the Township Engineer shall approve all sanitary sewer designs which will become a part of the Township facilities.

§ 310-45-1 General standards.

Each applicant shall adequately provide for the landscaping of his tract including the production of shade trees which will promote the general quality of development.

§ 310-45-2 Regulations.

All shade trees shall have a minimum diameter of 2 1/2 inches measured three feet above the ground and be of a species approved by the approving authority. Trees shall be planted 40 feet to 60 feet apart and parallel to, but no more than 20 feet from the curbline, and shall be balled and burlapped, nursery grown, free from insects and disease, and true to species and variety. Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees, in which case those lots shall be replanted with trees to reestablish the tone of the area and to conform with adjacent lots. Dead or dying trees shall be replaced by the developer during the next recommended planting season.

§ 310-46-1 General standards.

An applicant shall provide sidewalks where their production is in accord with proper design of his project, consistent with prevailing community standards in the area in which the applicant's project is located and consistent with aesthetic principles.

§ 310-46-2 Requirements.

Sidewalks shall be required at the reviewing board's discretion depending on the probable value of pedestrian traffic, the street classification in instances where streets are involved, school bus stops, the development's location in relation to other populated areas, and the general type of improvement intended. Where required, sidewalks shall be at least four feet wide and located as approved by the approving authority. Sidewalks shall be at least four inches thick, except at points of vehicular crossing where they shall be at least six inches thick, having a twenty-eight-day compressive strength of 4,500 psi, and shall be air-entrained.

§ 310-47-1 General standards.

Applicant shall be required to design a safe traffic pattern for his proposal. In order to achieve proper safe traffic flow, sight triangles shall be required which will eliminate hazardous turning movements.

§ 310-47-2 Requirements.

Sight triangles shall be required at each quadrant of an intersection of streets, and streets and driveways. The area within sight triangles shall be either dedicated as part of the street right-of-way or maintained as part of the lot adjoining the street and set aside on any subdivision or site plan as a sight triangle easement. Within a sight triangle, no grading, planting or structure shall be erected or maintained more than 24 inches above the street center line or lower than eight feet above the street center line except for street name signs and official traffic regulation signs. Where any street involves earth banks or vegetation, including trees, the developer shall trim vegetation and trees as well as establish proper excavation and grading to provide the sight triangle. The sight triangle is that area bounded by the intersecting street center lines and a straight line connects sight points located on each of these center lines. Where the intersecting streets are of the same type, or a combination of types, two overlapping sight triangles shall be required. These sight triangles are diagrammed in the standard detail drawings. The classification of existing and proposed streets shall be those shown on the adopted Master Plan or as designated by the Planning Board at the time of the application for approval or a new street not included on the Master Plan. A sight triangle easement dedication shall be expressed on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided for in the Edgewater Park Land Development Ordinance." Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and may be included in establishing the minimum setbacks required by the zoning provisions.[1]
[1]
Editor's Note: Original Ch. 16.90, Signs, which immediately followed this section, was repealed 11-16-2006 by Ord. No. 17-2006. See now Art. 17, Signs, of this chapter.

§ 310-48-1 General standards.

All developments shall incorporate soil erosion and sediment control programs phased according to the scheduled progress of the development including anticipated starting and completion dates.

§ 310-48-2 Data required.

The applicant shall submit a natural resources plan as outlined under the development review provisions of this title which shall clearly establish the means of controlling soil erosion and sedimentation for each site, or portion of a site when developed in stages. The soil erosion and sediment control measures shall have the approval of the Soil Conservation Service pursuant to the Soil Erosion and Sediment Control Act (Ch. 251, P.L. 1975).[1]
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.

§ 310-48-3 Control measures.

Control measures shall apply to all aspects of the proposed land disturbance and shall be in operation during all stages of the disturbance activity. The following principles shall apply to the soil erosion and sediment control plan:
A. 
Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion;
B. 
Whenever feasible, natural vegetation shall be retained and protected;
C. 
The extent of the disturbed areas and the duration of its exposure shall be kept within practical limits;
D. 
Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbances;
E. 
Drainage provisions shall accommodate increased runoff resulting from modified soil and surface conditions during and after development or land disturbance;
F. 
Water runoff shall be minimized and retained on-site wherever possible to facilitate groundwater recharge;
G. 
Sediment shall be retained on-site; and
H. 
Diversions, sediment basins, and similar required structures shall be installed prior to any on-site grading or land disturbance.

§ 310-48-4 Maintenance.

All necessary erosion and sediment control measures installed under these provisions shall be adequately maintained for one year after completion of the approved plan or until such measures are permanently stabilized as determined by the engineer. The engineer shall give the applicant, upon the applicant's request, certification of this determination.

§ 310-48-5 Soil erosion prevention plan.

Each tract shall have a soil erosion prevention plan to accompany the development plan which shall show temporary sedimentation basin(s) through which stormwater will be directed during periods of temporary ditching, and final contours. In addition, the plan shall outline general construction stages to illustrate what portion(s) of the site will be unprotected at various stages, the maximum amount of land to be exposed at various stages, the availability and use of water trucks to prevent dust and erosion by wind, areas where topsoil will be stockpiled during construction, the areas where it will be redistributed after completion of the applicable stage of construction, the methods of seeding the topsoil while it is stockpiled and again after its redistribution, and a plan of progressing toward completion of the entire project that shall outline how and at what stages and approximate times the previously exposed areas will be final graded and seeded or paved, or by some other means have the soil stabilized prior to completion of the entire project so that permanent soil erosion prevention methods will be employed at the earliest possible time.

§ 310-48-6 Soil removal and redistribution.

The excavation and grading for completion of a development shall be done in accordance with the approved plan which contains soil erosion and sediment control provisions. Excavation of soil, other than required for the construction of approved structures and supporting facilities, such as but not limited to streets, driveways and parking areas, shall be prohibited. Regrading of property so as to redistribute topsoil throughout the site from areas excavated for such approved structures and supporting facilities shall be permitted, but shall be done in the following manner to minimize or eliminate the erosion of soil. Any application proposing the disturbance of more than 5,000 square feet of surface area of land as defined in the Soil Erosion and Sediment Control Act (Ch. 251, P.L. 1975)[1] shall include on its plan the following: the means to control or prevent erosion, provide for sedimentation basin(s) for soil that does erode due to water, and control drainage, dust and mud on the premises as well as abutting lands; the preservation of soil fertility and the resulting ability of the area affected to support plant and tree growth by maintenance of adequate topsoil consisting of at least six inches of the original layer; maintenance of necessary lateral support and grades of abutting lands, structures and other improvements; prevention of pits and declivities which are hazardous or which provide insect breeding locations; the physical limitations and characteristics of the soil shall not be altered to prevent the use to which the land may lawfully be put; and such other factors as may reasonably bear upon or relate to the public health, safety and general welfare.
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.

§ 310-49-1 General standards.

Every applicant shall, as part of his application for development, demonstrate to the reviewing board the economic and market viability of his project. The reviewing board shall determine that the proposed use will be economically sound and has a reasonable potential for economic success. In reaching this conclusion, the Board shall determine the market demand for the proposed use, the existence of competition in the area where the proposed use will compete and the potential for success in this area. The applicant is required to demonstrate the market feasibility and to indicate the effect which the applicant's proposal will have on the market in order that a properly balanced community, free from empty and unusable construction, can be achieved.

§ 310-49-2 Type of development.

Each applicant shall demonstrate the nature of the development which is proposed, its purpose and its size.

§ 310-49-3 Local and regional contacts.

Each applicant shall analyze and present evidence concerning the local and regional context of the proposed site and the effect which the proposed development will have on the local and regional market for the proposed use involved.

§ 310-49-4 Market analysis.

Each applicant shall discuss in his application or in his presentation before the reviewing board the market demand for his project, how said demand was determined and what effect construction of the development will have on market demand in the surrounding areas. Each applicant is required to demonstrate in a fashion indicated by this section a reasonable market feasibility for the proposal.

§ 310-49-5 Ownership.

The applicant shall present proof of ownership of the tract involved with the application or his rights to proceed with the application presented. Further, the applicant shall disclose all rights possessed by the applicant to develop adjacent or surrounding property in order to determine the long range development potential of not only the site in question but also the adjacent and surrounding area.

§ 310-49-6 Market factors.

Each applicant shall present proof sufficient to demonstrate the factors which support the site's ability to feasibly compete in the market for residential, commercial or industrial development.

§ 310-49-7 Project sales data.

Each applicant shall present proof of the projected numbers, type, floor area and price of dwelling units or commercial and industrial areas to be developed on the site and the time sequence for construction of these items in order to determine with reasonably probability the sequence of development for the proposed tract.

§ 310-49-8 Economic data.

Each applicant shall produce proof sufficient to determine, through the determination of rent and sales price levels, the income levels of the market to which the proposed development is directed. Recognizing that commercial and industrial proposals will also have an effect on the demand for residential housing, this item shall also be discussed by all potential commercial and industrial developers.

§ 310-49-9 Regional needs.

Each applicant shall present proof of the effect which the proposed development will have on the regional needs for the type of facility proposed. The regional needs may be determined by analyzing the market for the proposed use, and the geographic area defined as the market.

§ 310-49-10 Community facilities.

Each applicant shall in detail present proof concerning needed community facilities which will reasonably be required to service the needs of the proposed development. In this regard, the applicant shall discuss the needs for public utilities, police protection, fire protection, recreational facilities, school facilities, and other services currently or reasonably expected to be provided by governmental sources.

§ 310-49-11 Economic variables.

Each applicant shall discuss and show evidence concerning the effect on which critical market variables on market projections and the range within which the project's economic variables can vary and still be an economically viable project.

§ 310-49-12 Satellite development.

Each applicant shall discuss in detail other types of development which are likely to be encouraged to locate within the community in general and the area of the proposed development in specific as a result of the proposed development by the applicant.

§ 310-49-13 Community economic benefit.

Each applicant shall discuss the economic benefits which are forecast as a consequence of the project including a discussion of employment opportunities, discussing the numbers and types of jobs which will be created as a result of the proposal and the effect which the proposed development will have for the tax structure of the community.

§ 310-49-14 Economic viability.

Each applicant shall demonstrate through discussion of the above items an economic viability proposal which will not detrimentally affect the community in general.

§ 310-50-1 General standards.

A. 
The development plan shall conform to design standards that will encourage good development patterns within the Township. Where either or both an Official Map or Master Plan has or have been adopted, the application for development shall conform to the proposals and conditions shown thereon.
B. 
The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on an officially adopted Master Plan or Official Map shall be considered in approval of the application for development. Where no Master Plan or Official Map exists, streets and drainage rights-of-way shall be shown on the final plat in accordance with N.J.S.A. 40:55D-1 et seq. and shall be such as to lend themselves to the harmonious development of the Township and enhance the public welfare in accordance with the following specific design standards of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]

§ 310-50-2 Specific design requirements.

Design criteria and policy shall at a minimum meet the standards established for comparable improvements installed by the Township. They shall, in addition, be subject to the following design requirements:
A. 
Major development street design. A major development shall be so designed as to provide a street pattern which is curvilinear in design. The design of the residential development street pattern shall be based upon a local residential street pattern connected to a residential collector street system.
B. 
Arrangement. The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets.
C. 
Minor streets. Minor streets shall be so designed as to discourage through traffic.
D. 
Marginal service road. Development abutting arterial streets shall provide a twenty-five-foot buffer strip for planting or some other means of separation of through and local traffic as the reviewing agency may determine appropriate.
E. 
Entrance and access regulations. In all residential zones, development bounded by an arterial or collector street shall control access to said streets by having all driveways intersect minor streets. Where the size, shape, location or some other unique circumstance may dictate no other alternative than to have a driveway enter an arterial or collector street, the lot shall provide on-site turnaround facilities so it is not necessary to back any vehicle onto an arterial or collector street and abutting lots shall share a common access drive. All lots requiring reverse frontage shall have an additional depth to allow for the establishment of the buffers.
F. 
Right-of-way width.
(1) 
In all developments, the minimum street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule, but in no case shall a new street that is a continuation of an existing street be continued at a width less than the existing street although a greater width may be required in accordance with the following schedule. Where any arterial or collector street intersects another arterial or collector street, the right-of-way and cartway requirements shall be increased by 10 feet on the right side of the street approaching the intersection for a distance of 300 feet from the intersection of the center lines.
Name
ROW
(feet)
Cartway
(feet)
Sidewalks Recommended
Parking Permitted in Right-of-Way
Industrial
60
40
No
No
Major arterial
120
60
Yes
No
Primary arterial
86
46
Yes
No
Collector street
66
46
Yes
Yes
Local feeder
60
40
Yes
Yes
Minor
50
34
Yes
Yes
(2) 
The right-of-way for internal roads and alleys in multifamily commercial and industrial developments shall be determined on an individual basis and shall be subject to the approval by the reviewing board.
G. 
Dedication. In the event that a development adjoins or includes existing Township streets that do not conform to widths as shown on either the Master Plan or Official Map or the street width requirements of this chapter, additional land along both sides of said street sufficient to conform to the right-of-way requirements shall be anticipated in the subdivision design by creating oversized lots to accommodate the widening at some future date. The additional widening may be offered to the Township for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way and shall be expressed on the plat as follows: "Streets right-of-way granted to the Township of Edgewater Park permitting the Township to enter upon these lands for the purpose of maintaining a street and appurtenant uses such as storm drainage, sewer and water lines, streetlights, sidewalks and curbs. Additional dedication under this subsection shall be made at the time of final approval of a development application if the additional dedication bears a reasonable nexus to the needs generated by the development application." This statement on an approved plat shall in no way reduce the subdividers' responsibility to provide, install, repair or maintain any facilities installed in this area dedicated by ordinance or as shown on the plat or as provided for by any maintenance or performance guarantees. If the development is along one side only, 1/2 of the required extra width shall be anticipated.
H. 
Reserve strips. No development showing reserve strips controlling access to streets or another area, either developed, shall be approved except when the control and disposal of land comprising such strips has been given and accepted by the governing body.
I. 
Grades.
(1) 
Longitudinal grades on all local streets shall not exceed 10% nor 4% on arterial and collector streets. No street shall have a longitudinal grade of less than 3/4 of 1%. Maximum grades within intersections shall be 4%. The slope of the cartway from the center line to the curbline or edge of the paving shall be 2%. Where the cartway is banked to facilitate a curve in the street alignment, the slope toward the curbline or shoulder shall conform to accepted engineering practices.
(2) 
In general, continuous longitudinal downgrades shall not be run for more than 1,000 feet. Where the general ground slope makes longer runs desirable, such run shall be broken by a short upgrade of sufficient length to create a low point at least six inches in depth. Inlets shall be located at the low point.
J. 
Intersections. Intersecting street center lines shall be as nearly at right angles as possible and in no cases shall they be less than 75° at the point of intersection. The curblines shall be parallel to the center line. Approaches to all intersections shall follow a straight line for at least 100 feet measured from the curbline of the intersecting street to the beginning of the curve. No more than two street center lines shall meet or intersect at any one point. Streets intersecting another street from opposite sides shall not be offset unless, measuring from the point of intersection of the street center lines, the two intersections shall be spaced a sufficient distance to permit a minimum of two lot depths between the two street rights-of-way but not less than 250 feet between rights-of-way. Any development abutting an existing street which is classified as an arterial or collector street shall be permitted not more than one new street every 800 feet on the same side of the street within the boundaries of the tract being subdivided. In the spacing of streets, consideration will be given to the location of existing intersections on both sides of the development. Intersections shall be rounded at the curbline and right-of-way line with the street having the highest curb radius requirement as outlined below determining the minimum standard for all curblines: Arterial at 40 feet; collector at 30 feet; and local streets at 20 feet. No local streets shall be part of four-way intersections.
K. 
Sight triangles. Sight triangles shall be provided as required in Article 47, Sight Triangles.
L. 
Reverse curves. A tangent at least 200 feet long shall be introduced between reverse curves on arterial and collector streets. When connecting street lines deflect in any direction, they shall be connected by a curve with a radius conforming to standard engineering practice so that the minimum sight distances within the curbline shall be 160 feet for a local street, 300 feet for a collector street, and 550 feet for an arterial street.
M. 
Changes in grade. All changes in grade where the difference in grade is 1% or greater shall be connected by a vertical curve having a length of at least 50 feet for each 2% difference in grade, or portion thereof, and providing minimum sight distances of 160 feet for a local street, 300 feet for a collector street, and 550 feet for an arterial street. Intersections shall be designed with as flat a grade as practical with the advice of the municipal engineer.
N. 
Dead-end streets (culs-de-sac).
(1) 
Dead-end streets (culs-de-sac) shall not be longer than 600 feet and shall provide a turnaround at the end with a radius of 60 feet to the outside edge of the cartway and 70 feet to the outside edge of the right-of-way and tangent whenever possible to the right side of the street. A landscaped island shall be provided in the center of the cul-de-sac which shall be designed to consider snow removal operations. The length of the cul-de-sac shall be measured along its center line from its intersection with the intersecting streets' center line to the center of the radius of the cul-de-sac.
(2) 
If a dead-end is of temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.
O. 
Street names. No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name. All street names shall be checked against the Township master file of street names.
P. 
Access road. Access roads and the area on each side for a distance of 10 feet measured perpendicular from the edge of pavement and for a height of 14 feet from the surface of the road shall be kept free and clear of tree limbs, vines, and other obstructions to permit free and unobstructed use of said access road by emergency vehicles.
Q. 
Material. Streets shall be constructed in accordance with the following standards and specifications:
Type of Street
Surface
Base
Industrial
2 inches FABC-1
Bituminous stabilized base
Major arterial
2 inches FABC-1
Bituminous stabilized base
Primary arterial street
2 inches FABC-1
Bituminous stabilized base
Collector street
2 inches FABC-1
Bituminous stabilized base
Local feeder
2 inches FABC-1
Bituminous stabilized base
Minor
2 inches FABC-1
Bituminous stabilized base
(1) 
In lieu of the above requirements, flexible roadway pavements may be designed using the procedure established in the publication entitled "THICKNESS DESIGN - Full Depth Asphalt Pavement Structures for Highway and Streets" Manual Series No. 1 (MS-1) published by the Asphalt Institute dated December 1969, except as herein modified, or by using the Structural Number System, which is taken from the Pennsylvania Department of Transportation Design Manual, and which is explained in subsequent subsections.
(2) 
General.
(a) 
All designs shall be based on the subgrade strength as measured by the California Bearing Ratio (CBR) Method. Design calculations shall be submitted to the municipal engineer for review and approval.
(b) 
A qualified soils engineer shall be employed to investigate, classify, and thoroughly evaluate the subgrade soils and to determine the elevation of groundwater which may be present. A copy of his report and recommendations shall be included with the design calculations. Sufficient tests shall be performed to adequately determine the suitability and strength of each type of subgrade soil. Tests along proposed streets shall be of one-hundred-foot intervals, or less, as determined by the municipal engineer.
(c) 
In cut areas, in-place field testing may be employed to determine the CBR of the subgrade. These tests shall be performed in accordance with the procedures established in Chapter VIII of the publication entitled "Soils Manual for Design of Asphalt Pavement Structures" Manual Series No. 10 (MS-10) published by the Asphalt Institute. The elevation of the ground surface at each test location shall be within 18 inches of the final subgrade elevation and the moisture content of the subgrade shall be approximately equal to the maximum expected during the life of the road. The moisture content at each test location shall be obtained and shall be submitted with the test report.
(d) 
In fill areas, the California Bearing Ratio (CBR) shall be established by laboratory testing of representative samples of the proposed subgrade material. Each sample shall be compacted in a cylindrical mold to the approximate density and moisture content which will be specified for the placing of the actual fill material. The test shall be performed in accordance with the requirements of ASTM Test Designation D-1883-61 T, entitled "Bearing Ratio of Laboratory - Compacted Soils." Each test specimen shall be soaked prior to testing.
(e) 
Both of the proposed methods of design are based on a design traffic number (DTN) which is the average daily number of equivalent eighteen-thousand-pound single-axle loads estimated for the design land during the design period. A design period of 20 years shall be used. The design traffic number shall be calculated by the methods of analysis outlined in Chapter III or Appendix C of Manual Series No. I (MS-1) published by the Asphalt Institute. The design traffic number shall be determined from actual traffic counts, from traffic studies of similar facilities, or from community or regional planning studies.
(f) 
To protect against excessive frost penetration of the subgrade, a minimum total thickness of pavement structure of 8 1/2 inches shall be provided, except when bituminous stabilized base of full depth asphalt paving is placed on a non-frost-susceptible subgrade.
(g) 
When other than full-depth asphalt paving or bituminous stabilized base course are used, a 2 1/2 inch FABC-2 minimum depth of asphalt paving shall be provided as the surface course.
(3) 
Design using asphalt institute manual. Using the California Bearing Ratio and the Design Traffic Number as described above, the required thickness of full-depth asphalt paving may be obtained directly from the design charts contained in the Asphalt Institute publication Manual Series No. 1 (MS-1) (see standard detail drawings). If full-depth asphalt paving is to be used, the recommendations of MS-1 in regard to minimum thickness of paving shall be adhered to. If, however, the designer desires to substitute alternate materials for the base course or base and subbase courses in lieu of full-depth asphalt paving, the thickness of each course shall be determined using substitution ratios calculated from the relative strength coefficients for paving components shown in the standard details instead of the substitution ratios specified in MS-1.
(4) 
Design using structural numbers. Using the California Bearing Ratio and the design traffic number as previously described, the required structural number (SN) shall be determined from the standard detail drawings as follows:
(a) 
Enter the CBR scale with the CBR design value and project a line through the calculated design traffic number to the pivot line;
(b) 
From this point on the pivot line project a line through the regional factor scale to the structural number (SN) scale. The regional factor shall be 1.5 unless higher values can be justified;
(c) 
Read the required structural number (SN). A paving section shall be selected which has a construction number equal to, or higher than, the required structural number. The construction number for a paving section shall be the sum of the construction numbers for the surface, base and subbase course, if used. The construction number for each course shall be obtained by multiplying the relative strength coefficient for the proposed material by the proposed course thickness. The relative strength coefficients shall be obtained from the standard detail drawings.
R. 
Four-way intersections. Four-way intersections connecting a local residential street with another local residential street or with a residential collector shall be prohibited.
S. 
Private streets. Private streets shall be prohibited in major developments.
T. 
Half streets. New half or part streets shall not be permitted; except that wherever a proposed development borders a half or partial street, the Planning Board may require that the other part of the street be platted in the proposed tract if it is found that such a requirement would increase the effectiveness of the circulation system in the area.
U. 
Multiple intersections. Multiple intersections involving a junction of more than two streets shall be prohibited.
V. 
Intersections with arterial streets. To the fullest extent possible, local residential streets and residential collector streets shall not intersect with arterial streets less than 800 feet apart measured from center line.
W. 
Partial reconstruction of existing street. Where a portion of an existing street that abuts a proposed development is required to be reconstructed by the reviewing board, the developer shall overlay a minimum of one lane or 10 feet of the remaining undisturbed pavement width.

§ 310-51-1 Adequate water supply.

The applicant shall provide adequate water supply to service his proposed development. The reviewing board shall determine, with the aid of its professional staff, the quality, quantity and water pressure to be adequate to provide potable water to those who will utilize the proposed development and properly supply water pressure as a safeguard against fire.

§ 310-51-2 Utility.

Where water is accessible from a servicing utility, the developer shall arrange for the construction of water mains in such a manner as to make adequate water service available to each lot, dwelling unit or use within the development. The entire system shall be designed in accordance with the requirements and standards of the Township, county and/or state agency having approval authority and shall be subject to their approval. The system shall also be designed with adequate capacity and sustained pressure for present and probable future development.

§ 310-51-3 Private wells.

Where public water is not available, potable water supply shall be provided to each lot on an individual well basis. Such wells shall be designed in accordance with the requirements and standards of the Township and/or state agency having jurisdiction.

§ 310-51-4 Easements.

Where water distribution systems are installed outside streets, easements or rights-of-way shall be required in accordance with Article 29, Easements.

§ 310-51-5 Design.

In general, the following policies shall be followed in determining the size of water mains:
A. 
Lines whose primary function is and will be to serve adjacent property will be eight inches.
B. 
Lines which serve as feeder lines to several other streets should be eight inches and should be laid out to provide loops with other lines which enclose areas of not more than 1/4 square mile.
C. 
Lines which provide the main feed from present or future sources of supply or storage shall be 12 inches or larger and shall be laid out so as to form loops with other lines which enclose not more than one square mile.
D. 
Lines whose only purpose is to serve abutting properties and to which there is no fire hydrant connected and which do not serve more than four residences shall be eight inches in diameter if specifically approved by the Township Engineer and Department of Public Works Director.
E. 
In general, criteria affecting valve and hydrant locations shall be that not more than one hydrant is affected by shutting off any one section; hydrants are located within 600 feet along street lines of any property in the subdivision; not more than three valves are necessary to shut off any one section; and the number of homes affected by shutting off any one section shall be limited to approximately 25.
F. 
The Board of Fire Engineers shall review and approve the water main and hydrant locations, prior to final approvals of any sections.[1]
[1]
Editor's Note: Original Ch. 16.100, Traffic Impact Report, which immediately followed this section, was repealed 11-16-2006 by Ord. No. 18-2006. See now § 310-11-3, Traffic impact statement.

§ 310-52-1 State specifications; supervision by Engineer.

A. 
Unless otherwise specified by the Township, all work shall be performed in accordance with the New Jersey State Highway Department Standard Specifications for Road and Bridge Construction - 1961, or later revision. These specifications shall govern the installation and construction of improvements in all sections of subdivisions whose final plats have not received formal Township approval prior to the effective date of the ordinance codified in this chapter, and to all construction work hereafter performed on previously approved final plats where adherence to the new specifications will not impose an unnecessary hardship by reason of prior commencement of such construction, prior commitments of contracts or prior delivery of materials.
B. 
Wherever in these design specifications the term "engineer" is used, it shall refer to and designate the engineer duly authorized by Edgewater Park Township to supervise the construction of the improvements contemplated herein, or his duly appointed assistant or representative, or the Edgewater Park Township Director of Public Works, who shall have the same authority as the engineer.

§ 310-53-1 Materials.

A. 
Bituminous stabilized base course. Materials shall conform to the requirements specified therefor in the Standard Specifications of the New Jersey Highway Department for Bituminous Stabilized Base Course, Article 3.2A, as amended, and shall be Mix No. 1 in Table 3 of the revised mixtures, outlined in Addenda A, Stone Mix, except that the minimum bitumen content shall be 5%.
B. 
Surface course. The paving materials shall be FABC Mix No. 5 stone mix, complying with the amended Specifications of the New Jersey State Highway Department Standard Specifications, Article 3.10, revised Table 3, except that the minimum percentage of bitumen shall be 6%.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III]

§ 310-53-2 Subgrade.

Before construction of the pavement, the subgrade shall be in a properly finished condition conforming to the proper line and grade and free of any soft spots or other deficiencies. Not more than 24 hours prior to commencing of operations on any subgrade, the subgrade shall be tested by running a roller of a weight at least equal to that to be used in the paving operation over the entire subgrade area. When permitted by the engineer, testing may be performed by other equipment such as loaded trucks. When in the opinion of the engineer or his representative, the deformation of the subgrade under such test is excessive, the subdivider will be required to stabilize the subgrade in a manner satisfactory to the engineer. The subgrade shall not be prepared during freezing weather or when frozen or when it is unstable.

§ 310-53-3 Bituminous stabilized base course.

The method of construction shall conform to the same specification indicated for materials in § 310-53-1 above. The base course shall be laid on a properly prepared subgrade and shall consist of two equal courses. Upon completion of base course construction, the contractor shall cut samples from the pavement with a jackhammer, coring machine, or other means suitable to the engineer. The sample shall be intact for the full thickness of the base course and shall be of a size suitable to the engineer. At least one sample shall be cut for every 1,000 square yards of base course. Where deficiencies in the required minimum thickness are noted, at least two additional cores will be required to determine the extent of such deficiency. The average thickness of the base course as determined by any five or more samples, representing contiguous areas of pavement, shall be not less than five inches or six inches and the minimum thickness permitted at any location will be 4 1/2 inches or 5 1/2 inches. In the event that the average thickness is less than five inches or six inches or the minimum thickness 4 1/2 inches or 5 1/2 inches, the deficiency shall be made up by increasing the thickness of the surface course.

§ 310-53-4 Surface course.

A. 
Prior to placing of the surface course, the contractor shall repair any defects in the base course. Where cracking or any other type of failure has occurred in the base course, the contractor shall completely remove the base course, stabilize the subgrade if necessary and construct new base course. Where the deficiency involves depressions or raveling in the surface of the base course, the repair may be made by skin patching with a suitable bituminous material. For checking of gutter drainage, the subdivider shall supply sufficient water at the high points of the streets and shall run said water into the gutters in order to determine whether or not gutter grades are satisfactory. Wherever puddles occur, he shall skin patch the base course to achieve proper grades in the gutters. After repair of the base course, a tack coat shall be applied as specified in Section 3.10 of the New Jersey State Department Standard Specifications. In the event of any deficiency in the surface course such as raveling, depressions, cracking, etc., such deficiencies shall be repaired by removing the surface course and replacing with new material.
B. 
All equipment and methods of construction shall conform to the New Jersey State Highway Department Standard Specifications of 1961, except that only one roller may be used where the area to be paved is sufficiently small, in the opinion of the engineer, to make the second roller unnecessary.

§ 310-53-5 Testing.

[Added 11-6-2001 by Ord. No. 21-2001]
In case of any development street which is to be dedicated to the Township, the development shall employ the services of a testing laboratory to obtain cores of the street pavement, to test said cores for thickness, composition and density for each pavement material present and to provide a certified report of the results to the Township Engineer. The testing laboratory employed and the number and location of the cores shall be approved by the Township Engineer.

§ 310-54-1 Material.

A. 
Concrete strength. Concrete for curbs, gutters, sidewalks and driveway aprons shall be constructed with air-entrained concrete with a minimum twenty-eight-day compressive strength of 4,000 psi.
B. 
Joint filler. Joint filler shall be a cellular compression material conforming to the requirements therefor of the Standard Specifications of the New Jersey State Highway Department as amended and revised to date.

§ 310-54-2 Concrete curbs, gutters and sidewalk generally.

Concrete curb shall be constructed in accordance with Division 5, Section 5, of the state specifications and concrete sidewalks shall conform to Division 5, Section 8, except as herein amended.

§ 310-54-3 Subgrade.

The contractor shall make all necessary excavations or embankments for the construction and disposing of surplus materials. No filling shall be done below the proposed curb or gutter except when absolutely necessary, in which case, such fill shall be made with clean sand or approved gravel and thoroughly tamped before concrete is laid thereon. All soft spots shall be thoroughly tamped before concrete is laid thereon or if necessary, soft or spongy material shall be removed and clean sand or gravel refilled in its place.

§ 310-54-4 Backfill for curb.

Within 72 hours after curbing is completed and forms removed, the contractor shall backfill to the top of the curb in back and to the established gutter grade in front. Backfill shall be made with the materials excavated, except that any large or frozen lumps, wood, boulders or other foreign matter shall be removed before placing. Backfill shall be thoroughly compacted.

§ 310-54-5 Forms.

Forms for concrete may be of lumber or steel. They shall be straight and of sufficient strength to prevent warping or bulging and to retain the concrete accurately in position. All mortar and dirt shall be removed from forms which have been previously used. Forms shall be well staked to the proposed lines and grades, and their upper edges shall conform to the finished surface of the curb. All forms shall be thoroughly wetted immediately before concrete is deposited against them. Curved forms shall be used for the construction of all radius curb.

§ 310-54-6 Concrete.

Concrete construction, including curing, shall conform to the applicable requirements of the section on concrete structures contained elsewhere herein. The concrete shall be tamped, and spaded or vibrated so that the forms are completely filled, the concrete thoroughly compacted and mortar is flushed to the face and top.

§ 310-54-7 Joints; concrete curb; combination curb and gutters.

Expansion joints shall be provided at intervals of 20 feet or when new construction abuts existing construction. The expansion joints shall be filled with one-half-inch thick cellular compression material to within 1/2 inch of the top and face of the curb and to within 1/4 inch of the top of the gutter. Dummy joints shall be provided midway between expansion joints.

§ 310-54-8 Joints; concrete sidewalks and aprons.

Expansion joints 1/2 inch wide shall be provided at intervals of 20 feet and where the new paving abuts curb or old work. The expansion joints shall be filled with one-half-inch thick cellular compression material to within 1/4 inch of the top of the paving. For sidewalks, surface grooves shall be cut with an approved tool at least one-quarter-inch thick at right angles to the line of the sidewalk and at intervals equal to the width of the sidewalk. Where new work abuts existing sidewalk, the surface grooves shall be spaced to conform to the lines of the abutting walk. All surface edges shall be rounded to a radius of 1/2 inch.

§ 310-54-9 Finish; concrete curb; combination curb and gutters.

Before initial set, the top of the curb and gutter shall be finished with a wood float to an even, smooth and dense surface. As soon as the forms can be removed, the face of the curb shall be given the same finish. Exposed edges shall be neatly rounded to a radius of 1/2 inch. The finished curb shall not vary from the required grades, lines, dimensions and curvatures by more than 1/4 inch at any point. Completed work shall be protected from traffic and the elements and be thoroughly wetted and kept moist for at least one day. Damaged, broken or cracked work shall be replaced by the contractor.

§ 310-54-10 Finish; concrete sidewalks and aprons.

The finish shall be with a wood float, followed by brooming. Exposed edges shall be neatly rounded to a radius of 1/2 inch. The concrete shall be cured as provided elsewhere herein.

§ 310-54-11 Concrete work in cold weather.

A. 
No concrete shall be poured between December 1 and March 1 of each year without prior written permission of the engineer.
B. 
All concrete poured during this period shall conform to the procedures specified in the New Jersey State Highway Department Standard Specifications except as otherwise directed by the engineer.

§ 310-55-1 Materials.

A. 
Cement. Cement used in concrete structures shall conform to the following requirements of the ASTM, as amended to date:
(1) 
Standard portland cement;
(2) 
ASTM Designation C-150, Type 1;
(3) 
High-early-strength portland cement;
(4) 
ASTM Designation C-150, Type 3;
(5) 
Air-entraining portland cement;
(6) 
ASTM Designation C-175, Type 1-A;
(7) 
Air-entraining agent shall be Vinsol® resin or Darex® AEA.
B. 
Aggregate. Aggregate, both fine and coarse, shall conform to the requirements therefor of the New Jersey State Highway Department Standard Specifications, as amended and revised to date.
C. 
Water. Water shall be clean, fresh and free of oils, acids, salts, organic matter or other injurious substances.
D. 
Air-entrained concrete. Unless otherwise provided, all concrete shall be air-entrained having 4% to 7% of entrained air, and shall be produced by using standard portland cement with additive or air-entraining portland cement with or without additional additive as required.
E. 
Reinforcing steel. Reinforcing steel shall be intermediate grade deformed bars conforming to ASTM Designation A-15 and ASTM Designation A-432, as amended and revised to date. (Prior code § 15.134.1)

§ 310-55-2 Concrete mixture.

Only enough water shall be added to make concrete workable for its intended use. The engineer will determine the slump ranges within which the contractor must work. Ready-mix or transit mix concrete may be used if obtained from sources approved by the engineer. Equipment used to proportion and mix concrete on the job is subject to the approval of the engineer.

§ 310-55-3 Forms.

A. 
Forms shall conform to the shape, lines, dimensions and grades shown on the plans. They shall be firmly braced, tight, and substantial so as to prevent movement, bulging, and mortar leakage. Wherever concrete will be exposed to view, forms shall be smooth and clean.
B. 
Forms for footings may be omitted wherever soil and workmanship permit accurate excavation to size. All forms shall be completely removed.

§ 310-55-4 Reinforcing.

Reinforcements shall be accurately cut, bent and placed in accordance with the plans. It shall be free of excessive scale or any foreign material that would tend to reduce bond. It shall be securely supported, tied and fastened to prevent movement while concrete is being placed.

§ 310-55-5 Subgrades.

Subgrades, excavations, and soil bases for foundations and slabs shall be properly finished to the prescribed lines, grades and dimensions, and shall be approved by the engineer before concrete is placed. All areas to receive concrete shall be free of frost, foreign matter and excessive water; provided, however, that forms and soil surfaces shall be uniformly damp when the concrete is placed.

§ 310-55-6 Placing of concrete.

Concrete shall be handled and placed so as to avoid any segregation. Concrete which has begun to set or which has been contaminated with foreign materials or to which too much water has been added shall not be used. Pouring of concrete shall generally be a continuous operation until the placing of an individual section has been completed. Concrete shall be thoroughly compacted with vibrators or by other suitable means.

§ 310-55-7 Concrete finish.

A. 
All concrete shall be finished by screeding and floating to the required lines and grades. Unless otherwise specified, all work shall have a wood float finish; provided, however, that the contractor shall provide other finishes when so required by the place or specifications or so directed by the engineer.
B. 
After the concrete has been poured, it shall be kept continuously wet for a period of one day or longer, as directed by the engineer. Curing compound may be substituted for water, but in all cases, curing shall be in accordance with Article 4.1.3 of the New Jersey State Highway Department Standard Specifications.

§ 310-55-8 Joints.

Expansion joints, dummy joints, construction joints and other appurtenances shall be provided as shown on the standard details. Expansion joints shall have joint filler of the thickness indicated which shall extend the full depth of the concrete.

§ 310-55-9 Cleaning of exposed concrete surface.

After removal of forms, all permanently exposed surfaces shall be cleaned of stains and dirt, and all surface defects which do not impair structural strength shall be repaired by cutting and patching.

§ 310-55-10 Concrete pouring temperature.

Concrete shall not be poured when the atmospheric temperature is below 40° F. or when there is any precipitation, unless precautions satisfactory to the engineer have been taken to prevent any damage to the work. Precautions necessary to avoid freezing of the concrete shall be in accordance with the current recommendations of the American Concrete Institute.

§ 310-56-1 Materials.

A. 
Ductile iron pipe and fittings.
(1) 
Ductile iron pipe shall conform to the requirements of the American Water Works Association Specification C-151 as amended and revised to date. Unless otherwise specified herein, ductile iron pipe shall be thickness Class 52 and minimum eight-inch diameter. Mechanical joints and push-on joints shall conform to the American Water Works Association Specifications C-110 and C-111, as amended and revised to date. Gasket-type joints shall be Tyton® or approved equal. Either mechanical or gasket-type joints shall be used for normal water main construction. Flanges and fittings shall conform to the requirements of the American Water Works Association C-110, as amended and revised to date, with a minimum pressure rating of 250 psi.
(2) 
All ductile iron pipe and fittings shall be cement-lined in accordance with American Water Works Association C-104, as amended and revised to date.
B. 
Valves. Valves shall conform to the current American Water Works Association Standard for Iron Body Double-Disc Gate Valves with parallel seats (C-500). Valves shall be of the type manufactured by the Kennedy Valve Company, Mueller Valve Company, or approved equal. Unless otherwise specified, valves shall be operated by a two-inch-square operation nut of cast iron and shall open in a clockwise direction. The direction of opening shall be marked on the nut by an arrow and the word "OPEN." All cast-iron surfaces of valve boxes shall be painted with three coats of asphaltum paint, inside and out. Valves shall be provided with a means of jointing suitable for use with the adjoining pipe.
C. 
Valve boxes.
(1) 
Valve boxes shall be completed with covers and both valve box and cover shall be of axle strength and dimension to fully sustain the shocks of heavy vehicular traffic and to maintain the upper section and cover at proper grade under heavy vehicular traffic.
(2) 
Covers shall be round, at least six inches in diameter and shall have the word "WATER," an arrow showing the opening direction and the word "OPEN" clearly cast thereon.
D. 
Fire hydrants. Fire hydrants shall be Type K-11 as manufactured by the Kennedy Valve Company or approved equal. Operating and cap nuts shall be one and one-half-inch pentagon. They shall be equipped with two and one-half-inch hose nozzles and one pumper nozzles, with National Standard male threads. They shall have a provision for six-inch connection to the main. Main valve opening for the hydrant shall be 5 1/2 inches. Hydrants shall open in a clockwise direction.
E. 
Concrete. Concrete for cradles and thrust blocks shall be constructed with a minimum 28 compression strength of 4,000 psi conforming to requirements as specified elsewhere herein.

§ 310-56-2 Excavation and backfill.

Excavation and backfill shall conform to the requirements for subsurface structure excavation. The contractor shall provide adequate equipment and so operate it as to maintain an essentially dry excavation, stable trench bottoms, suitable working conditions and protection from water damage throughout and until the completion of the work.

§ 310-56-3 Installation of pipe.

A. 
Water mains shall be laid in straight lines except when otherwise specifically approved by the engineer. When deviation from a straight line is permitted, the deflection of each joint shall not exceed the manufacturer's recommended maximum for the type of joint and size of pipe being installed. Pipe shall be laid with at least four feet of cover as measured from the top of the pipe to the existing or proposed finished grade, or to the future finish grade when such is lower. Along extensions of roads which are unimproved, the pipe shall be laid with at least four feet of cover over the top of the pipe to the existing grade.
B. 
Special care shall be exercised to remove all earth, stone and other materials from each pipe as it is laid, and to prevent any such materials from entering the pipeline. The contractor shall see that the entire line maintained is absolutely clean on the inside and that all valves and hydrants are clean and in good working order when installed. Open ends shall be at all times adequately protected and shall be securely sealed with approved plugs whenever work is stopped for any reason whatsoever. After removing a plug, the interior of the pipeline shall be inspected and cleaned before resuming pipe-laying operations.
C. 
Before placing each length of pipe, the contractor shall carefully examine it for breaks, cracks or other defects and shall discard any which may appear to be in any way defective. All pipe and fittings shall be handled and installed with care to avoid breakage. Each section of pipe shall be solidly bedded in the trench bottom and shall be supported for its full length except where excess excavation has been made for joints. Before making each joint, the ends of the pipes and all joint members shall be thoroughly cleaned. All jointing shall be done in strict accordance with the manufacturer's recommendations and the directions of the engineer.
D. 
The contractor shall do all necessary pipe cutting and shall locate valves, fittings and fire hydrants in the exact positions indicated. He shall provide and use cutting tools of an approved type and in good order, so as to ensure clean, square cuts to exact measurements.

§ 310-56-4 Installation of fittings and valves.

All fittings and valves shall be set accurately true to and square with pipelines. Valve stems shall be accurately plumb. Fittings and valves shall be supported by approved blocking so as to ensure their remaining accurately in position during jointing and in such manner that their weight will not place undue strain on connecting pipe. Joint valves boxes shall be set plumb, accurately centered with respect to the valve stem, well supported by solidly tamped earth and with their tops flush with the finished surface grade of the roadway or surface of the ground where set. Pipelines shall be rodded or thrust-blocked at all bends greater than 10° and at all tees, plugs, valves and fire hydrants so as to prevent movement of the lines under pressure. A means of backflow prevention shall be provided on all water mains for fire service or where water backflow may occur.

§ 310-56-5 Tapping of existing water mains.

A. 
Excavation and backfill shall conform to the requirements of subsurface structure excavation.
B. 
The tapping hole shall extend along the main a minimum of 2 1/2 feet from both sides of the corporation and perpendicular to the main a minimum of 18 inches opposite the corporation; and a minimum of 48 inches in the direction of the corporation. The tapping hole shall provide a minimum vertical clearance of eight inches beneath the main.
C. 
Taps shall be made on a forty-five-degree angle from the top of the main and shall conform to the standard detail. For safety reasons, no taps shall be made during rainy or inclement weather.

§ 310-56-6 Pressure test.

A. 
Before new water lines are put into service, the contractor shall provide the necessary equipment for and shall perform a pressure and leakage test. This test shall be performed in the presence of the engineer. For pressure piping trench, the test shall be conducted prior to the complete backfilling of the trench, unless otherwise permitted by the engineer. For pressure piping in structures, the test shall be conducted prior to the completion of any construction which would make it impossible or difficult to gain access to the pipe if found defective. The contractor shall test sections of the pipes between valves where practicable or where ordered by the engineer.
B. 
The contractor shall make the necessary arrangements with the owner for the procurement of water for the pressure and leakage tests, and for subsequent sterilization, and shall furnish the necessary labor, pumps, valves, pressure gauges, water meters and all other equipment required for this purpose. Each section of pipe shall be slowly filled with water and the pipe shall be subjected to a hydrostatic pressure of 150 psi, and maintained for a period of one hour. Before applying the specified test pressure, all air shall be expelled from the pipe, through hydrants, blowoffs or any taps that may be necessary for the release of air, and blowoffs required for filling the line shall be furnished and installed by the contractor.
C. 
When the test pressure has been reached, the amount of makeup water to maintain the test pressure shall be measured. No pipe installed will be accepted until the amount of leakage shall not exceed 100 gallons per day per inch of diameter per mile of pipe. Where sections of pipelines fail to meet this requirement, they shall be repaired, again maintained under pressure for one hour, and retested as necessary until requirements are complied with.
D. 
Calculations to determine loss per inch of pipe per day per mile shall be done as follows:
Gallons of makeup water x 24
= gallons loss/day
gallons loss per day x 5,280 feet per mile
feet of pipe being tested
= gallons loss/mile/day
gallons loss/mile/day
(Pipe dia in inches)
= gallons/inch dia/mile/day
Allowable exfiltration rate is 100 gals/inch dia/mile/day

§ 310-56-7 Sterilization of pipe.

A. 
Before new water lines are put into service, they shall be completely sterilized with chlorine, the chlorine distributed into the new pipelines in such manner that it shall reach all of the pipe and all fittings, valves and appurtenances.
B. 
The chlorine required shall be in the form of high-test calcium hypochlorite (HTH) in tablet form. The number of tablets required per length of pipe shall be determined from the following table:
Pipe Diameter
Length of Section
(feet)
6 inches
8 inches
10 inches
12 inches
13
2
3
4
4
18
3
3
4
6
20
3
4
5
6
C. 
The required number of tablets should be fastened to the top of each length of pipe as it is laid using hot tar or Permatex No. 2 gasket cement or equal as the adhesive. Care should be taken to see that the adhesive only covers the side of each tablet so that as much surface as possible is exposed to the water when it is introduced into the main. Sterilizing dosage shall be sufficient to provide the equivalent of not less than 50 parts per million (ppm) of free chlorine to the entire contents of the pipeline or section thereof to be sterilized, and the chlorinated water shall be permitted to remain in the pipeline for a contact period of not less than 24 hours, at the end of which time the chlorine residual shall be at least 10 ppm. After sterilization, the water main or section shall be thoroughly flushed with clean water until the chlorine residual is not greater than 0.2 ppm and put into service. Any section of pipeline which is drained or empties of water at any time or for any purpose in connection with this work, whether a newly laid pipeline or part of an existing water main system, shall be sterilized as above specified before being returned to service.
D. 
Other methods of sterilization may be used; however, prior approval of the engineer in writing must be obtained prior to the test being performed.

§ 310-56-8 Bacteria test.

A. 
After flushing has been completed and the chlorine residual is not greater than 0.2 ppm, a bacteriological sample shall be taken in accordance with the New Jersey Department of Environmental Protection, Potable Water Standards Bulletin PW-D 10, December 1970.
B. 
The mouth of the valve, hydrant, blowoff, etc. shall be sterilized using a propane torch or equivalent and the water then allowed to flow for a period of not less than five minutes.
C. 
The standard sample shall be collected in sterile bottles, care being taken not to contaminate the neck of the bottle or stopper during collection.
D. 
This sample will then be delivered to a certified laboratory designated by the engineer for analysis, or the sample collected by the certified lab.
E. 
Copies of the analysis shall be sent to the engineer directly from the laboratories.
F. 
In the event that the laboratory analysis shows bacteria present, the line shall be rechlorinated, flushed, sterilized and a new sample taken until such time as the New Jersey Department of Environmental Protection, Potable Water Standard PW-D 10, December 1970, are met.
G. 
Prior to any public water supply system being accepted by the engineer and the municipality, all of the requirements contained herein shall have been satisfied, and the contractor shall purge all new lines with a minimum 1,000 GPH suction pump at each hydrant for a minimum of five minutes as directed by the Township Engineer.

§ 310-56-9 Interruption of existing water service.

Existing water service shall not be interrupted unless necessary for the completion of the work and then only in accordance with the requirements of the Edgewater Park Township Water Department.

§ 310-57-1 Materials.

A. 
Ductile iron pipe and fittings.
(1) 
Ductile iron pipe shall be centrifugally cast and shall conform to the requirements of the American Water Works Association Specifications C-151, as amended and revised to date.
(2) 
Ductile iron pipe shall be thickness Class 52. All ductile iron pipe and fittings shall be cement-lined in accordance with American Water Works Association Specifications C-104, as amended.
(3) 
Ductile iron pipe shall be provided with mechanical joints, or shall be push-on Tyton® joint pipe as manufactured by the United States Pipe and Foundry Company, or approved equal, conforming to the American Water Works Association Specifications C-110 and C-111. All iron fittings, including Y-branches, shall conform to American Water Works Association Specifications C-110, latest revision, except that fittings shall be provided with joints suitable for use with the adjoining pipe. Ductile iron saddles shall be subject to the approval of the engineer.
B. 
Asbestos-cement pipe and fittings.
(1) 
Asbestos-cement pipe and fittings shall conform to the requirements of the American Society for Testing Materials Specifications C-428 for nonpressure sewer pipes, and C-296 for pressure pipes, as amended and revised to date. Asbestos-cement pipe and fittings shall be a minimum of Class 2400 for depths of cover under 10 feet, and a minimum of Class 3300 for depths of cover 10 feet or more.
(2) 
All asbestos-cement pipe and fittings shall be furnished complete with sleeve and gasket-type couplings designed for use with the size and class of pipe specified.
(3) 
Ductile iron fittings for use with asbestos-cement pipe shall conform to the requirements for ductile iron fittings hereinbefore specified.
C. 
Vitrified clay pipe and fittings.
(1) 
Vitrified clay pipe and fittings shall conform to the requirements of the American Society for Testing Materials Specifications C-700, as amended and revised to date. Vitrified clay pipe and fittings shall be extra strength.
(2) 
All vitrified clay pipe and fittings shall have factory-fabricated, gasket-type couplings with "O" ring joints which conform to the American Society for Testing Materials Specification C-425, as amended and revised to date.
D. 
Concrete. Any concrete required for cradles, pads, drop connections at manholes, and any other miscellaneous items shall be 4,000 psi conforming to the requirements set forth elsewhere herein.

§ 310-57-2 Excavation and backfill.

Excavation and backfill shall conform to the requirements for subsurface structure excavation. The contractor shall provide adequate equipment and so operate it as to maintain an essentially dry excavation, stable trench bottoms, suitable working conditions, and protection from water damage throughout and until the completion of the work.

§ 310-57-3 Installation.

A. 
Pipe shall be laid in straight lines between manholes except when otherwise specifically provided or directed by the engineer. When deviation from straight line is permitted, the deflection of each joint shall not exceed the manufacturer's recommended maximum for the type of joint and size of pipe being installed. All pipe shall be laid to uniform grades between manholes.
B. 
Before making each joint, the ends of the pipes and all joint members shall be thoroughly cleaned. All jointing shall be done in strict accordance with the manufacturer's recommendation and the direction of the engineer.
C. 
No defective or leaking pipe, fittings, joints, connection, manholes or other parts of the work will be acceptable. All visible leakage of any description, and no matter where located shall be corrected by the contractor in a manner satisfactory to the engineer, whether or not the total leakage into the sewer is within the allowable maximum as determined by exfiltration tests.

§ 310-57-4 Exfiltration tests.

A. 
Exfiltration tests shall be made under the supervision of the engineer, and no connections to flowing lines permitted until the testing is complete and satisfactory results have been obtained. The contractor shall furnish all labor, material and equipment necessary for the exfiltration tests.
B. 
Prior to the start of the exfiltration test, all construction work for the system under test shall be completed. This includes backfilling and completion of all manholes.

§ 310-57-5 Air test procedures.

A. 
The test is conducted between two consecutive manholes, as directed by the engineer.
B. 
The test section of the sewer lines is plugged at each end. One of the plugs used at the manhole must be tapped and equipped for the air inlet connection for filling the line from the air compressor.
C. 
All service laterals, stubs and fittings into the sewer test section should be properly capped or plugged, and carefully braced against the internal pressure to prevent air leakage by slippage and blowouts.
D. 
Connect air hose to tapped plug selected for the air inlet.
(1) 
Then connect the other end of the air hose to the portable air control equipment which consists of valves and pressure gauges used to control:
(a) 
The air entry rate to the sewer test section; and
(b) 
To monitor the air pressure in the pipeline.
(2) 
More specifically, the air control equipment includes a shutoff valve, pressure-regulation valve, pressure-reduction valve and a monitoring pressure gauge having a pressure range from zero to five psi. The gauge should have a minimum division of 0.10 psi and an accuracy of ±0.04 psi.
E. 
Connect another air hose between the air compressor (or other source of compressed air) and the air control equipment. This completes the test equipment set up. Test operations may commence.
F. 
Supply air to the test section slowly, filling the pipeline until a constant pressure of 3.5 psig is maintained. The air pressure must be regulated to prevent the pressure inside the pipe from exceeding 5.0 psig.
G. 
When constant pressure of 3.5 psig is reached, throttle the air supply to maintain the internal pressure above 3.0 psig for at least five minutes. This time permits the temperature of the entering air to equalize with the temperature of the pipe wall. During this stabilization period, it is advisable to check all capped and plugged fittings with a soap solution to detect any leakage at these connections. If leakage is detected at any cap or plug, release the pressure in the line and tighten all leaky caps and plugs. Then start the test operation again by supplying air. When it is necessary to bleed off the air to tighten or repair a faulty plug, a new five-minute interval must be allowed after the pipeline has been refilled.
H. 
After the stabilization period, adjust the air pressure to 3.5 psig and shut off or disconnect the air supply. Observe the gauge until the air pressure reaches 3.0 psig. At 3.0 psig, commence timing with a stop watch which is allowed to run until the line pressure drops to 2.5 psig, at which time the stop watch is stopped. The time required, as shown on the stop watch, for a pressure loss of 0.5 psig is used to compute the air loss. Most authorities consider it unnecessary to determine the air temperature inside the pipe line and the barometric pressure at the time of the test.
I. 
If the time, in minutes and seconds, for the air pressure to drop from 3.0 to 2.5 psig is greater than that shown in Table 16.112.020 for the designated pipe size, the section undergoing test shall have passed and shall be presumed to be free of defects. The test may be discontinued at that time.
J. 
If the time, in minutes and seconds, for the 0.5 psig drop is less than shown in Table 16.112.020 for the designated pipe size, the section of pipe shall not have passed the test; therefore, adequate repairs must be made and the line retested.
Table 16.112.020
Time Requirement for Air Testing
Pipe Size
(inches)
Time
Minutes
Second
4
2
32
6
3
50
8
5
6
10
6
22
12
7
39
14
8
56
15
9
35
16
10
12
18
11
34
20
12
45
21
13
30
(For larger-diameter pipe, use the following: minimum time in seconds = 462 x pipe diameter in feet)
Notes for Table 16.112.020
a.
Pipe sizes with their respective recommended minimum times, in minutes and seconds, for acceptance by the air test method are shown.
b.
For eight-inch and smaller pipe only: if, during the five-minute saturation period, pressure drops less than 0.5 psig after the initial pressurization and air is not added, the pipe section undergoing test shall have passed.
c.
Multi-pipe sizes: When the sewer line undergoing test is eight-inch-or-larger-diameter pipe and includes four-inch or six-inch laterals, the figures in Table 16.112.020 for uniform sewer main sizes will not give reliable or accurate criteria for the test. Where multi-pipe sizes are to undergo the air test, the engineer can compute the average size in inches, which is then multiplied by 38.2 seconds. The results will give the minimum time in seconds acceptable for a pressure drop of 0.5 psig for the averaged diameter pipe.
K. 
Adjustment required for groundwater. An air pressure correction is required when the prevailing groundwater is above the sewer line being tested. Under this condition, the air test pressure must be increased 0.433 psi for each foot the groundwater level is above the invert of the pipe.

§ 310-57-6 Procedures for making air pressure correction; determination of groundwater elevation.

Where groundwater is known to exist or is anticipated in the area before the air testing would be conducted, the following procedure shall be used at the time the sewer main and manholes are constructed:
A. 
Install one-half-inch-diameter pipe nipple (threaded one or both ends, approximately 10 inches long) through the manhole wall directly on top of one of the sewer pipes entering the manhole with threaded end of nipple extending inside the manhole;
B. 
Seal pipe nipple with a threaded one-half-inch cap;
C. 
Immediately before testing, determine the groundwater level by removing the threaded cap from the nipple, blowing air through the pipe nipple to remove any obstructions, and then connect a clear plastic tube to the pipe nipple;
D. 
Hold plastic tube vertically, permitting water to rise in it to the groundwater level;
E. 
After water level has stabilized in plastic tube, measure vertical height of water, in feet, above invert of sewer pipe;
F. 
Determine air-pressure correction, which must be added to the 3.0 psig normal starting pressure of test, by dividing the vertical height in feet by 2.31. The result gives the air-pressure correction in pounds per square inch to be added;
G. 
Example:
(1) 
If the vertical height of water from the sewer invert to the top of the water column measures 11.55 feet, the additional air pressure required would be:
(11.55)
2.31
= 5 psig
(2) 
Therefore, the starting pressure of the test would be 3.0 plus 5 or 8.0 psig, and the one-half-pound drop becomes 7.5 psig. There is no change in the allowable drop (0.5 psig) or in the time requirements established for the basic air test.

§ 310-57-7 Lamping.

Lamping of all gravity sanitary sewer lines shall be performed by the engineer in accordance with the following requirements:
A. 
Lamping consists of visually examining inside of pipe between two consecutive manholes with the aid of a light and mirror;
B. 
A light is shown from one manhole towards the other manhole;
C. 
A mirror is held at the invert of pipe and adjusted so the light and barrel of pipe can be seen;
D. 
The barrel of the pipe shall have no vertical deflection and at least 75% of the barrel shall be visible in the horizontal direction;
E. 
In the event that lamping shows the pipe not laid true and to grade, it shall be repaired and be lamped as necessary until the lamping complies with these requirements.

§ 310-57-8 Additional inspections.

In addition to the visual and lamping inspections, the Township may employ the use of television cameras to inspect sewers after or during construction. If defective workmanship or materials are found, these shall be corrected and the cost of TV inspection paid for by the applicant. No TV inspection costs shall be assessed against the applicant if the workmanship and materials are found to be satisfactory.

§ 310-57-9 Y-branches and service laterals.

A. 
Y-branches and service laterals which are not to be immediately connected to flowing lines shall be securely plugged with an approved type of plug which will provide a permanent watertight seal. Plugs shall be braced as shown on the standard detail. The contractor shall accurately record the station of each Y-branch placed and direction of the Y. He shall also show the location of each Y-branch on his copy of the plans and permanently mark each location with a crosscut on the curb or a two-inch-by-four-inch stake driven at the plugged end of the lateral.
B. 
All lateral connections to existing sanitary sewer lines shall be installed with bolt-on type saddles unless otherwise specified by the engineer.

§ 310-57-10 Drop connections.

Drop connections at manholes are shown on the standard details. Concrete cradles over existing pipe shall be constructed where and as directed by the engineer. All concrete work shall conform to the requirements as set forth elsewhere herein.

§ 310-57-11 Flushing of sewers.

When so required by the engineer, the contractor shall flush such newly completed sewers as may be designated by the engineer, in order to remove any foreign matter which may have accumulated therein during construction. The contractor shall furnish all labor, material, equipment and water necessary for flushing and shall provide for the disposal of water used for flushing.

§ 310-58-1 Storm drainage pipelines.

A. 
Materials.
(1) 
Reinforced concrete pipe. Reinforced concrete pipe shall conform to the requirements of the American Society for Testing Materials Specification C-76, as amended and revised to date. Reinforced concrete pipe shall be Class 3, Wall B, except that reinforced concrete pipe with less than two feet of cover shall be Class 4, Wall B.
(2) 
Corrugated metal pipe. Corrugated metal pipe shall be permitted only by specific written approval of the Township Engineer.
(a) 
Corrugated metal pipe and pipe arch shall conform to the requirements of the American Association of State Highway Officials specifications therefore, as amended and revised to date, and conform to the following gauge requirements:
Diameter
(inches)
Gauge
Aluminum
Corrugated Metal
15
14
16
18
12
16
21
12
16
24
12
14
30
12
14
36
10
12
42
10
12
48
10
10
54
8
10
60
8
8
(b) 
For pipe diameters in excess of 60 inches, the specific design shall be approved by the Township Engineer.
(c) 
Corrugated metal pipe and pipe arch shall be in accordance with Article 909.02.06 and fully lined with asphalt material coated inside and outside in accordance with current American Association of State Highway Officials (AASHTO) M190 and/or American Society for Testing and Materials (ASTM) A849 Specifications, as applicable, and shall have asphalt material inverts. The asphalt material shall fill the valleys of the corrugations and cover the crests of the corrugations a minimum of 1/8 inch. For round pipe, the invert material shall cover not less than 25% of the inside perimeter of the pipe, and for pipe arch, the invert material shall cover not less than 40% of the inside perimeter of the pipe.
(3) 
Concrete: minimum 4,000-psi concrete conforming to the requirements set forth elsewhere herein shall be used for the construction of concrete cradles and in making connections to existing drainage structures.
(4) 
High density polyethylene pipe (HDPE). Material in accordance with Article 909.02.02.
(5) 
Plastic drainage pipe. Material in accordance with Article 909.02.03.
B. 
Methods of construction shall be in accordance with Article 601.03 and as generally outlined below: Should a conflict arise between Article 601.03 and the construction outlined below, the contractor shall notify the Township Engineer in writing and request a determination.
(1) 
Excavation and backfill. Excavation and backfill shall conform to the requirements for subsurface structure excavation. The contractor shall provide adequate equipment and so operate it as to maintain an essentially dry excavation, stable trench bottoms, suitable working conditions and protection from water damage throughout and until the completion of the work.
(2) 
Pipe shall be laid in straight lines between drainage structures except when otherwise specifically provided. When deviation from a straight line is permitted, the deflection of each joint shall not exceed the manufacturer's recommended maximum for the type of joint and size of pipe being installed. All pipe shall be laid to uniform grades. Each section of pipe shall be solidly bedded in the trench bottom and shall be supported for its full length except where excess excavation has been made for joints. Before making each joint, the ends of the pipes and all joint members shall be thoroughly cleaned. All jointing shall be done in strict accordance with the manufacturer's recommendations. Joints of tongue and groove pipe shall be filled with mortar around their entire circumference. Mortar shall be 1:2 parts cement to sand.
(a) 
No defective or leaking pipe, joints, connections, manholes, inlets or other parts of the work will be acceptable. All visible leakage of any description and no matter where located shall be corrected by the contractor in a manner satisfactory to the engineer.
(b) 
Except when necessary to maintain a flow, storm drains shall not be placed in embankment until the embankment has been constructed and consolidated to proposed finished grade or subgrade, or to an elevation not less than three feet above the proposed top of pipe, whichever is lower. After an embankment has been so constructed, trenches for storm drainage shall be excavated as herein above specified.
(3) 
Flushing of storm drains. The contractor shall flush such newly completed storm drains as designated by the engineer in order to remove any foreign matter which may have accumulated therein during construction. The contractor shall furnish all labor, material, equipment and water necessary for flushing and shall provide for the disposal of water used for flushing.
(4) 
Existing pipes and structures. The locations of existing pipes and structures shown on the plans are approximate, and before construction the contractor shall determine the exact locations of all existing pipes and structures in the vicinity of the proposed work. Connections to existing pipes and structures shall be made in a manner satisfactory to the engineer.

§ 310-58-2 Underdrains.

A. 
Materials. Materials for underdrains shall conform to the New Jersey Department of Transportation Standard Specifications, latest edition available here: https://www.state.nj.us/transportation/eng/specs/ as designated below:
(1) 
Pipe and fittings: Article 909.02;
(2) 
Coarse aggregate (broken stone or washed gravel): Article 901.03;
(3) 
Cast-iron soil pipe for cleanout: Cast Iron Soil Pipe Institute Specifications 301 and/or ASTM A74-20;
(4) 
Mortar: one part cement to two parts sand.
B. 
Methods of construction. All construction shall be governed by Article 601.03.04 of the New Jersey Department of Transportation Standard Specifications.

§ 310-58-3 Stormwater management best management practices (BMPs).

A. 
Materials. Materials for retention basins shall conform to the New Jersey Department of Transportation Standard Specifications as designated below:
(1) 
Embankment. Material obtained from project excavation, free from weeds, roots, stumps, pavement, concrete or other debris;
(2) 
Sod: Articles 808.03.01 and 917.07;
(3) 
Concrete for drainage swale (if required): 4,000 psi at 28 days air-entrained concrete;
(4) 
Riprap: six-inch stone for relief swale and headwalls.
B. 
Methods of construction. All construction shall be governed by the New Jersey Department of Transportation Standard Specifications except as otherwise permitted by the engineer.

§ 310-58-4 Manholes, inlets and catch basins.

A. 
Materials.
(1) 
Concrete. Concrete shall conform to the requirements specified elsewhere herein.
(2) 
Concrete block, brick, clay or shale, mortar, and castings (gray iron) shall conform to the appropriate subsection(s) of Article 910 of the New Jersey Department of Transportation Standard Specifications, latest edition.
(3) 
Ladder rungs. Article 909.03.6.
B. 
Method of construction shall be in accordance with the applicable subsection(s) of Article 602.03 in the NJDOT Standard Specifications.

§ 310-58-5 Testing.

In the case of a development storm sewer pipe system, which is to be dedicated to the Township, the developer shall:
A. 
Employ a video inspection service to obtain closed circuit color television examination of interior of each and every pipe system and provide a color video record of the examination to the Township Engineer. The video inspection service provided and the format of the recording shall be as approved by the Township Engineer.
B. 
Prepare as-constructed plans and submit two sets to the administrative officer and send a copy to the Township Engineer.

§ 310-59-1 Materials.

No materials are involved.

§ 310-59-2 Excavation.

A. 
Excavation shall not be carried below the required level except where unstable soil is encountered. Whenever excavation has been made below the required level, it shall be replaced with three-fourths-inch crushed stone and shall be thoroughly tamped. The engineer shall determine the depth of removal of unstable soil encountered.
B. 
Excavation for manholes and other structures shall have a twelve-inch minimum clearance and twenty-four-inch maximum clearance on all sides. The width of trenches for pipe shall equal pipe outside diameter plus two feet unless otherwise approved by the engineer. Rocks and boulders present in excavation shall be removed within six inches of pipe. Excavations shall be confined within the narrowest possible level and made as nearly as possible in a vertical line, and any sheathing, shoring, bracing and timbering which is necessary to obtain this result shall be done as hereinafter specified. Preliminary excavation shall be made only to a depth of three inches above the final depth of any trench or other excavations. The remaining depth shall be carefully excavated, shaped, and formed with hand tools immediately preceding laying of pipe or placing concrete. Trench bottoms shall be accurately formed to receive and support the bottom of the barrel of the pipe. Additional excavation shall be made in pipe trenches at the pipe joints and to prevent any possibility of a pipe resting on the bell rather than the barrel.

§ 310-59-3 Grading.

Ground adjacent to the excavations shall be graded to prevent water from running in. The contractor shall remove any water accumulating in excavations by pumping or other suitable means.

§ 310-59-4 Bracing, shoring, sheeting.

The contractor shall do all bracing, shoring and sheeting necessary to prevent failure of the banks of the excavation and to protect the work, workmen, public, under and aboveground utilities and structures, pavements, and public and private property. No bracing, shoring or sheeting shall be placed below the bottom of the pipe or structure unless approved by the engineer. Shoring, sheeting and bracing of any kind shall be withdrawn as the backfilling proceeds, except that the engineer may require such bracing to be left in place if it has been placed below the bottom of any structure or pipe, or if he deems it necessary in order to protect adjacent structures, utilities or property.

§ 310-59-5 Dewatering.

The contractor shall provide, install and operate an adequate wellpoint system for dewatering when necessary to stabilize trench bottoms and banks or other excavations or when necessary to protect the work, workmen, public, under and above ground utilities and structures, pavements, and public and private property. The well-point system or portions thereof shall be removed by the contractor, upon the completion of backfill, and the holes remaining from the points shall be backfilled and thoroughly tamped.

§ 310-59-6 Backfilling.

After the structure has been completed, inspected and approved, or, in the case of pipe, after each joint has been made, inspected and approved, backfill shall proceed immediately. When the pipe has been laid, this shall be done in six-inch layers of loose granular material free from stones, each layer thoroughly tamped, to a height of 24 inches above the outside top of pipe. The remainder of the trench and the entire excavation for all structures other than pipe shall be backfilled in twelve-inch layers, loose measure, each layer thoroughly tamped. Dampening of the material to be tamped may be required by the engineer.

§ 310-59-7 Compacting of soil.

Compaction shall conform to Article 2.7.3 of the New Jersey State Highway Department Standard Specifications, except that puddling will not be permitted.

§ 310-60-1 Equipment quality.

Prior to preliminary approval, the applicant shall submit, for approval by the engineer, manufacturers' descriptive data and supporting information for all recreational equipment. All equipment shall be "Mexico Forge" or of equal quality.

§ 310-60-2 Tot lots.

Tot lots shall be a minimum size of 50 feet by 50 feet (exclusive of area required for fencing and screening or other ancillary facilities) and shall contain, as a minimum, the following improvements:
A. 
Four-foot-high chain-link fence with gate and screening bordering residential properties;
B. 
Two benches;
C. 
Two table and bench sets;
D. 
Ground under and adjacent to play equipment to be covered with six-inch sand;
E. 
One swing set;
F. 
One merry-go-round (ten-foot diameter minimum);
G. 
One jungle gym;
H. 
One sand box (minimum size 20 feet by 20 feet).

§ 310-60-3 Tennis courts.

Tennis courts shall be regulation size and shall contain, as a minimum, the following requirements:
A. 
Two-and-three-fourths-inch OD posts set in concrete with heavy-duty cotton twine net with canvas binding;
B. 
The courts shall be surrounded with twelve-inch-high chain-link fence and buffer plantings as approved by the Planning Board;
C. 
One bench per court;
D. 
Night lighting with timers;
E. 
The courts shall be four inches of bituminous stabilized base course on a properly prepared subgrade accepted by the Township Engineer, 1 1/2 inches FABC leveling course, and a one-inch SP-1 top course, and shall be coated with colored sealer. The sealer shall be Laykold® as manufactured by Chevron, or an equivalent as approved by the Township Engineer.

§ 310-60-4 Basketball courts.

Basketball courts shall be a minimum size of 35 feet by 60 feet and shall contain, as a minimum, the following improvements:
A. 
Two regulation backstops with nets;
B. 
The courts shall be four inches of bituminous stabilized base course on a properly prepared subgrade acceptable to the Township Engineer, and a 1 1/2 inch FABC top course;
C. 
Night lighting with timers.

§ 310-60-5 Multipurpose fields.

Multipurpose fields shall be a minimum size of 250 feet by 420 feet (exclusive of area required for fencing, screening, parking facilities, or other ancillary facilities) and shall contain, as a minimum, the following improvements:
A. 
Completely grassed field;
B. 
Baseball backstop in one corner of site;
C. 
Football goal posts made of pipe at each end of the field;
D. 
Night lighting with timers.

§ 310-60-6 Pedestrian and bicycle trails.

Pedestrian and bicycle trails, when constructed as separate uses, shall be a minimum of five feet wide, and when combined as one use, shall be a minimum of 10 feet wide. Trails shall be cleared of branches or other obstructions to a minimum vertical clearance of eight feet above ground level. Trails shall be constructed with a 2% cross-slope and shall follow existing contours, except that longitudinal slopes exceeding 10% shall be avoided. Trails shall be constructed of two-inch FABC-1 surface course over a six-inch quarry blend stone, Type 5, Class A base course, although similar alternative materials may be substituted.[1]
[1]
Editor's Note: Original Ch. 16.120, Review Agencies Generally; Ch. 16.122, Planning Board; Ch. 16.124, Joint Staff Committee on Land Development Applications; and Ch. 16.126, Administration and Enforcement, which immediately followed this section, were repealed 11-16-2006 by Ord. No. 18-2006. Chapter 16.128, Uniform Affordable Housing Productions Based Upon Growth Share, added 8-16-2005 by Ord. No. 8-2005, was repealed 12-2-2010 by Ord. No. 2010-12.