Drainage for all developments, whether residential or nonresidential, shall be provided in accordance with the standards set forth at N.J.A.C. 5:21, the Residential Site Improvement Standards (RSIS).

All lots shall be graded to secure proper drainage away from the buildings. Additionally, drainage shall be provided for all lots in a manner consistent with the RSIS which will prevent the collection of stormwater in pools or other unauthorized concentrations of flow, and, to the greatest extent possible, water shall not flow across adjacent property lines.

A final drainage plan shall accompany the final subdivision or site plan. Such drainage plan shall show the same information as required on the preliminary plan with the addition that the individual lot grading shall be shown as follows:

Detention and retention basins for single-family residential, non-cluster subdivisions shall be constructed on a separate lot specifically reserved for such purpose, which lot shall be dedicated to the Borough. Detention and retention basins for cluster and multifamily residential developments shall be located in the common open space to be maintained by the homeowners' association or property owner(s). Detention and retention basins in nonresidential developments shall be owned and maintained by the property owner(s).

Regional detention or retention basins utilized by several property owners within a drainage basin are encouraged, and the feasibility of such joint facilities shall be examined by the applicant and reported upon to the Borough Engineer.

Approval of new or replacement drainage structures shall be obtained from all required Borough, county, state and federal agencies and offices. Each applicant shall make appropriate application to the NJDEP, the Hunterdon County Planning Board, the Hunterdon County Soil Conservation Service and the Borough Engineer. Final approval shall not be effective until letters of approval from the proper governmental authorities shall be furnished to the Board with a copy of each letter forwarded to the Borough Engineer.

When required by the Borough, and as indicated on an approved development plan, a drainage right-of-way easement shall be provided to the Borough where a tract or lot is traversed by a watercourse, surface or underground drainageway or drainage system, channel or stream. The drainage right-of-way easement shall conform substantially with the lines of such watercourse and, in any event, shall meet any minimum widths and locations as shown on any adopted Official Map or Master Plan. Such easement shall be expressed on the plat as follows: "Drainage easement granted for the purposes provided and expressed in the Land Use Ordinance of Frenchtown Borough."

For all developments requiring site plan, subdivision, conditional use and/or variance approval, the applicant shall provide a computation of the additional peak rate of runoff anticipated from the site as a result of the approval of the proposed site plan, subdivision, conditional use and/or variance, using the methodologies set forth in the RSIS.

All developments, whether residential or nonresidential, requiring site plan, subdivision, conditional use and/or variance approval shall provide for on-site storage and controlled release of stormwater as regulated by the RSIS for any increase in the rate of stormwater runoff anticipated.

The applicant shall also document the anticipated impact that the additional runoff will have upon existing drainage structures located between the site and the downstream facilities and structures. If necessary, the applicant shall be required to make improvements to those structures to accommodate the additional runoff.

Sight triangle easements shall be required at the intersection of a street with another street and at the intersection of a street with a driveway providing ingress and/or egress to a nonresidential or multifamily residential development. The sight triangle easement shall be in addition to the specified right-of-way width of the street(s) and cartway width of the driveway and shall be granted to the Borough of Frenchtown unless required to be granted to another governmental entity.

The sight triangle easement shall measure a minimum of 30 feet along the driveway or lesser street and a minimum of 100 feet along the intersecting street or major street. The measurements shall be taken along the curblines or edges of driveways and along the right-of-way lines of streets.

Sight distances shall be provided in accordance with 1990 AASHTO's "A Policy on Geometric Design of Highways and Streets" standards, based on the speed limits established by the government agency having jurisdiction over the street.

The existence of the required sight distance shall be verified by the Borough Engineer. Where the prescribed sight distance does not exist at a proposed intersection, additional lands may be required to be included within the sight triangle easement, and the applicant may be required to clear and/or grade in the vicinity of the proposed intersection and/or to reconstruct portions of the roadway, as necessary, to obtain the required sight distance.

Within a sight triangle easement, the location of structures exceeding 30 inches in height, the maintenance of shrubbery in excess of 30 inches in height, and the existence of tree branches that have not been trimmed to a minimum height of 10 feet above grade, such that the clear sight across the area of the easement would be obstructed, shall be prohibited. A public right-of-entry shall be reserved for the purpose of removing any object, material or otherwise, that obstructs the clear sight across the area of the easement.

The dimensions and purpose of the sight triangle easement shall be shown on the subdivision plat or site plan and expressed as follows: "Sight triangle easement to _____ for purposes provided for and expressed in Section 702 of the Land Use Ordinance of Frenchtown Borough."

The requirement to provide a sight triangle easement does not supersede any other requirement of this chapter to provide screening of parking lots, loading areas, etc. Where such screening is required, it shall be provided outside of the required sight triangle easement.

Streetlighting.

On-site lighting.

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

Each lot must front upon an approved street, unless private streets and/or other accessways are provided and approved as part of the site plan and/or subdivision.

All lots shall be suitable for their intended use(s). Where there is a question as to the suitability of a lot or lots for the intended use(s) due to factors such as poor drainage, slope or flood conditions, or, where on-lot sewage treatment is necessary and the lot is found by the Board of Health to have conditions inadequate for proper on-site sewage disposal, the Board, after adequate investigation, may withhold approval of such lots. If approval is withheld, the Board shall give reasons and notify the applicant and enter the same in the minutes.

Concrete monuments shall be installed in accordance with the requirements of the New Jersey Map Filing Act.[1] All corners shall be marked with metal alloy pins.

Natural features such as trees, hilltops, views, natural terrain, open waters, critical areas and ridge lines shall be preserved to the maximum extent reasonably possible in designing any development containing such features.

No topsoil shall be removed from areas intended for lawns and open space. Topsoil moved during the course of construction shall be redistributed on the lot so as to provide at least four inches of cover to all areas, which cover shall be stabilized by seeding and/or planting in accordance with an approved plan.

No soil shall be removed from or be imported to any site in excess of 20 cubic yards per year without the prior approval of the Board. For this purpose, a plan shall be submitted showing how the soil is to be distributed and stabilized, including grading contours. If the soil is to be imported, a plan shall be submitted describing the methodology and frequency of testing the soil to ensure its safe quality. Finally, the plan shall describe the size and number of vehicles that are proposed for hauling the removed or imported soil together with the hauling route.

An effort shall be made to preserve the existing vegetation on the site. All trees having a caliper of six inches or more, measured four feet off the ground, which are not required to be removed pursuant to an approved site plan and which are located 25 feet or more from the actual building site or five feet or more from any paved area, shall be protected prior to the commencement of and during construction. The limits of disturbance together with the locations and species of the trees to be preserved shall be indicated on the site plan and/or subdivision submission, along with the proposed means of protection.

For the continued protection of certain natural features, the Board may require conservation easements.

See also § 50-707 for additional requirements.

Screening.

Lighting. Lighting used to illuminate off-street parking and loading areas shall be in accordance with § 50-703B of this chapter. The details of the proposed lighting of all off-street parking and loading areas shall be shown on the site plan.

Paving, curbing and marking. All parking and loading areas and access drives shall be paved and curbed as outlined below unless otherwise specified by the Board and approved as part of the development application approval. All such parking areas, regardless of their size and location, shall also be suitably drained and maintained in accordance with the requirements of § 50-701.

Access driveways.

Barrier-free access. All parking areas shall be designed in conformance with N.J.A.C. 5:23-7.1 et seq., the Barrier-Free Subcode, and applicable federal regulations.

Location of parking and loading.

Type of facility.

General principles.

Specific design principles. The following design principles shall be observed in the design of a landscaping plan:

Buffer areas and screening.

Shade and street trees.

Installation and maintenance.

Provision of underground service.

Placement of easements.

Submission requirements.

Where public sanitary sewerage and sewage treatment capacity is available, the development shall be connected to existing sanitary sewer lines in accordance with the requirements of the utility authority, all NJDEP requirements and, where applicable, N.J.A.C. 5:21, the Residential Site Improvement Standards (RSIS).

Where public sanitary sewerage or adequate sewage treatment capacity is not available, individual subsurface sewage disposal systems may be used as a means of sewage disposal for single- and two-family dwelling units or their nonresidential equivalents, provided all requirements of N.J.A.C. 7:9A-3.2 and 3.16 are met.

In the event of approval of the use of individual subsurface sewage disposal systems in an area which will be sewered within a six-year period as shown in a sewer master plan, Official Map or other official document, the Board additionally may require the installation of capped sewer lines, as provided at N.J.A.C. 5:21-6.1 of the RSIS.

Where public sanitary sewerage or adequate sewage treatment capacity is not available, and a use other than a single- or two-family dwelling unit or their nonresidential equivalent is proposed, the developer shall either install a separate sewage treatment facility to serve the development which shall meet all NJDEP requirements and all requirements of N.J.A.C. 5:21, the Residential Site Improvement Standards (RSIS), if applicable, or may elect to upgrade the Borough's existing sewage treatment plant and sewerage facilities to accommodate the effluent from the development.

All new sanitary sewer lines shall be air and mandrel tested. Additionally, all new lines shall be televised and a videotape of the lines shall be provided to the Borough Engineer immediately prior to the activation of the sewer lines or acceptance of the streets in which the lines are constructed, whichever occurs earlier.

Where public water is available, water mains shall be constructed in such a manner as to make adequate water service available to each lot or building within the development. The entire system shall be designed in accordance with the requirements and standards of the applicable water utility, the Residential Site Improvement Standards (N.J.A.C. 5:21), as applicable, and all local and/or state agencies having jurisdiction, subject to their approvals.

Where public water is not available, water shall be furnished by means of an individual well. Well installation, sealing and testing shall be in accordance with all applicable NJDEP and Borough Board of Health regulations. Prior to the issuance of a certificate of occupancy for any building served by an individual well, the developer shall provide a certification to the Board that the well has been installed in compliance with all applicable state and local regulations.

Streets.

Curbs. Curbing of new streets shall be Belgian or granite block. All curbing shall be installed as required at N.J.A.C. 5:21, the Residential Site Improvement Standards (RSIS).

Sidewalks and bike paths.

No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residential building.

A pool is considered an accessory structure, shall be located in a rear or side yard, and shall meet all requirements of § 50-303, Accessory buildings and structures, except that: a pool shall be located at least 15 feet from any lot line; there shall be no minimum distance requirement between the pool and principal structure; a minimum separation of 10 feet shall be maintained between a swimming pool and a septic tank; and a minimum of 20 feet shall be maintained between a swimming pool and a sewage disposal field.

A private residential swimming pool, whether in-ground or above-ground, shall be enclosed by a permanent wooden privacy fence sufficient to hide the pool area from public view and make it inaccessible to small children. The fence, including the gate therein, shall not be less than four feet in height nor more than six feet in height. All gates shall be self-closing and self-latching, with latches placed at least four feet above the ground, and shall be made inaccessible from the outside to small children. In the case of hot tubs and whirlpools only, a natural barrier or hedge enclosure may be substituted for the fence, provided the hot tub or whirlpool is kept covered when not in use.

No commercial, public or quasi-public swimming pool shall be constructed or installed unless approved by the Board as part of an approved site plan. Such swimming pools shall be classified into types in accordance with their particular uses and shall meet all applicable construction requirements of the State of New Jersey and the design standards of the National Swimming Pool Institute.

Purpose. It is the purpose of this section to control soil erosion and sediment damages and related environmental damage by requiring adequate provisions for surface water retention and drainage and for the protection of exposed soil surfaces in order to reduce the danger from stormwater runoff, to retard nonpoint pollution from sediment and to conserve and protect the land, water, air and other environmental resources and to promote the safety, public health, convenience and general welfare of the community.

Regulations.

Data required and fees.

Revisions of data. All proposed revisions of required data shall be submitted for approval.

Review and approval. Soil erosion and sediment control plans shall be submitted to the Hunterdon County Soil Conservation District for review and certification when determined to be in conformance with the State Soil Conservation Committee standards. The Hunterdon County Soil Conservation District shall provide the applicant with written notice of the decision regarding the plan within 30 days of the submission of a complete plan unless, by mutual agreement in writing, this period is extended for an additional 30 days. Failure of the Hunterdon County Soil Conservation District to make a decision within such period or such extension thereof shall constitute certification. Notification shall state that:

General design principles. Soil erosion and sediment 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 principles contained in the standards promulgated by the State Soil Conservation Committee shall apply to the soil erosion and sediment control plan.

Maintenance. All necessary soil erosion and sediment control measures installed under this chapter shall be monitored by the municipality and shall be adequately maintained by the developer for one year after completion of the execution of the certified soil erosion and sediment control plan or until such measures are permanently stabilized as determined by the Hunterdon County Soil Conservation District.

Maintenance bonds. The applicant shall file with the Borough a bond in cash and a certified soil erosion and sediment control plan prior to the issuance of a construction permit. The amount of the bond shall be determined by the Borough Engineer based upon a review and approval of an estimate of quantities and costs to complete the work prepared by the applicant. In no event shall it be less than $100. The bond shall be conditioned as follows:

Penalties for violations. If any person violates any of the provisions of this section, any standard of N.J.A.C. 2:90-1.1 et seq. promulgated by the State Soil Conservation Committee pursuant to N.J.S.A. 4:24-42 et seq., or fails to comply with the provisions of a certified soil erosion and sediment control plan, the Borough or the Hunterdon County Soil Conservation District may institute a civil action in Superior Court for injunctive relief to prohibit and prevent such violation or violations, and said Court may proceed in a summary manner. Any person who violates any of the provisions of this section, or violates any standard of N.J.A.C. 2:90-1.1 et seq. promulgated by the State Soil Conservation Committee pursuant to N.J.S.A. 4:24-42 et seq., or fails to comply with the provisions of a certified plan, shall be liable to a penalty of not less than $25 nor more $3,000 to be collected in a summary proceeding pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq.)[1] in Superior Court or in municipal court. If the violation is of a continuing nature, each day during which it continues shall constitute an additional separate and distinct offense.

Exemptions. The following activities are specifically exempt from the provisions of this § 50-713:

Inspections and enforcement.

Appeals.

Waivers. The design requirements specified in this article, except for those also required by federal, state or county law or regulation, may be waived by the Board if the deviation or alternative design is found to be reasonable and within the general purpose and intent of this chapter and its provisions and if the literal enforcement of the specific provision from which a waiver is requested is found to be impracticable or to exact undue hardship upon the developer because of peculiar conditions pertaining to the land in question.

RSIS exceptions. De minimus exceptions may be granted from the provisions of N.J.A.C. 5:21, the Residential Site Improvement Standards (RSIS), in accordance with the provisions therefor set forth at N.J.A.C. 5:21-3.1.

RSIS waivers. Waivers of applicable provisions of N.J.A.C. 5:21, the Residential Site Improvement Standards (RSIS), may be sought for a specific development by either the municipality or the developer if, in the opinion of the municipal engineer or developer, adherence to the standard would jeopardize the public health and safety. Any application for a waiver shall be submitted in writing to the Commissioner of the NJDCA upon notice to the other party and shall be in accordance with the provisions therefor set forth at N.J.A.C. 5:21-3.2 through 3.4.