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Hazlet Township City Zoning Code

ARTICLE V

Performance and Design Standards

§ 181-500 PURPOSE.

A. 
To set forth guidelines and standards that promote the creation of functional and attractive development that shall promote and give due consideration to the health, safety, general welfare, morals, order, efficiency, economy, maintenance of property values and character of the Township.
B. 
To ensure that any development shall comply with the Master Plan, zoning plan and other overall or district plans of the Township and this Ordinance.
C. 
To provide guidelines and standards that shall be used by an applicant in preparing a development plan, and by the Board in reviewing the same. In reviewing a development plan, the Board shall establish findings as to whether or not, and to what degree, an application for development meets such guidelines and standards. Based upon its review of the development plan and the degree to which such findings of compliance are established, the Board may approve, conditionally approve, request modifications or deny approval of the application for development.
D. 
To minimize adverse impacts of flooding, drainage, erosion, vehicular traffic, pedestrian movement, parking, vibration, lighting and glare, noise, odor, solid waste disposal, litter, ventilation, vibration, crime and vandalism and inappropriate design and development.
E. 
To ensure that any new development gives due consideration to the physical, visual and spatial characteristics of the existing streetscape, neighborhood and district in which such is located and the Township generally.
F. 
To ensure that the physical, visual and spatial characteristics of any proposed development shall not be so markedly incongruous with the same characteristics of the existing streetscape, neighborhood and district in which such is located, and the Township generally, so as to materially detract from the real property value of adjacent or nearby properties.

§ 181-501 EXCEPTIONS.

The design guidelines and standards described in this Article shall be used as the Township's presumptive minimum requirements for subdivision and site plan development and as criteria for evaluating the plan and design of such development plans. However, the guidelines and standards are not intended to restrict creativity, and an applicant may request that the guidelines and standards be modified or waived. To gain approval of such modification or waiver, the applicant shall demonstrate to the Board the criteria for exceptions pursuant to N.J.S.A. 40:55D-51, which shall include a showing that the resulting change will:
A. 
Generally satisfy the purpose of this Article;
B. 
Be designed in accordance with the Township's normally acceptable engineering, planning and/or architectural practices;
C. 
Not have an adverse impact on the physical, visual or spatial characteristics of the overall development plan for the tract to be developed;
D. 
Generally enhance the overall development plan for the tract;
E. 
Not have an adverse impact on the physical, visual or spatial characteristics of the existing streetscape, neighborhood and district in which such development is located or the Township, generally;
F. 
Generally enhance the streetscape and neighborhood in which it is located;
G. 
Not reduce the useful life or increase the cost of maintenance of the improvement to be modified or otherwise have an adverse impact on the long-term function of the development;
H. 
Not materially detract from the real property value of the development or adjacent or nearby properties.

§ 181-502 ARCHITECTURAL DESIGN STANDARDS.

A. 
Applicability. This Article shall apply to all site plan applications.
B. 
Design Standards. The following standards shall be used to prepare and review the architectural design of all buildings and structures in a development plan. Where a development plan involves an existing building or a site upon which an existing building is located, the existing building shall be repaired, renovated and restored to comply with this Article.
C. 
Massing. Except for buildings in planned commercial development, no building shall be permitted to have a total measurement greater than 150 feet in length along any wall, roof or footprint plane. Building wall offsets, including both projections and recesses, shall be provided along any building wall measuring greater than 50 feet in length in order to provide architectural interest and variety to the massing of a building and relieve the negative visual effect of a single, long wall. The total measurement of such offsets shall equal a minimum of 10% of the building wall length. The maximum spacing between such offsets shall be 40 feet. The minimum projection or depth of any individual offset shall not be less than two feet. Roofline offsets shall be provided along any roof measuring longer than 75 feet in length in order to provide architectural interest and variety to the massing of a building and relieve the negative visual effect of a single, long roof.
D. 
Planned Commercial Development. Buildings comprising planned commercial development shall be permitted to have a total measurement no greater than 650 feet in length along any wall, roof or footprint plane. Building wall offsets, including both projections and recesses, shall be provided along any building wall measuring greater than 100 feet in length in order to provide architectural interest and variety to the massing of a building and relieve the negative visual effect of a single, long wall. The total measurement of such offsets shall equal a minimum of 5% of the building wall length. The maximum spacing between such offsets shall be 75 feet. The minimum projection or depth of any individual offset shall not be less than 10 feet. Roofline offsets shall be provided along any roof measuring longer than 75 feet in length in order to provide architectural interest and variety to the massing of a building and relieve the negative visual effect of a single, long roof.
E. 
Horizontal Courses. All visibly exposed sides of a building shall have an articulated base course and cornice the base course shall be traditionally proportionate to the overall horizontal and vertical dimensions of a facade and shall align with either the kickplate or sill level of the first story. The cornice shall terminate the top of a building wall, may project out horizontally from the vertical building wall plane and shall be ornamented with moldings, brackets and other details that shall be appropriate to the architectural style of a building. The middle section of a building may be horizontally divided at floor, lintel or sill levels with belt courses. Building courses shall be considered an integral part of the design of a building and shall be architecturally compatible with the style, materials, colors and details of the building.
F. 
Continuity of Treatment. The architectural treatment of a facade or roof shall be completely continued around all visibly exposed sides of a building. All sides of a building shall be architecturally designed so as to be consistent with regard to style, materials, colors and details.
G. 
Roof. The type, shape, pitch, texture and color of a roof shall be considered as an integral part of the design of a building and shall be architecturally compatible with the style, materials, colors and details of such building. The minimum permitted roof pitch shall be eight on 12, and all gables on a building shall be of the same pitch. A flat roof may be permitted on a building of a minimum of two stories in height, provided that all visibly exposed walls shall have an articulated cornice that projects out horizontally from the vertical building wall plane. A mansard roof may be permitted, but only if such is located on the third story of a building, completely and integrally enclosing such story. Flat or mansard roofs shall be prohibited on all one-story buildings. Architectural embellishments that add visual interest to roofs, such as dormers, belvederes, masonry chimneys, cupolas, clock towers and such similar elements shall be permitted, provided that such are architecturally compatible with the style, materials, colors and details of the building.
H. 
Windows. Fenestration shall be architecturally compatible with the style, materials, colors and details of a building. Windows shall be vertically proportioned wherever possible the location of windows on the upper stories of a building shall be vertically aligned with the location of windows and doors on the ground level of such building. Permitted retail and personal service business uses located in business districts may have large pane display windows on the ground level, provided that such window shall be framed by the surrounding wall and shall not comprise greater than 75% of the total ground level facade area of such building. All other windows shall be double-hung or casement types. A building designed of an architectural style that normally has windows with muntins or divided lights shall utilize them. Such muntin or divided light grids may be the snap-on type, if fitted on the exterior of the window or between the glazing of the window units.
I. 
Entrances. All entrances to a building shall be defined and articulated by utilizing such elements as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, balustrades and other such elements, where appropriate. Any such element utilized shall be architecturally compatible with the style, materials, colors and details of such building.
J. 
Physical Plant. All air-conditioning units, HVAC systems, exhaust pipes or stacks and elevator housing shall be shielded from view for a minimum distance of 500 feet from the site. Such shielding shall be accomplished by utilizing the walls or roof of the building or a penthouse-type screening device that shall be designed to be architecturally compatible with the style, materials, colors and details of such building.
K. 
Materials, Colors and Details. All materials, colors and details used on the exterior of a building shall be architecturally compatible with the style of such building, as well as with each other. A building designed of an architectural style that normally includes certain integral materials, colors and/or details shall have such incorporated into the design of such building. The number of different materials on exterior facades should be limited to three types.
L. 
Shutters. A building designed of an architectural style that normally includes shutters shall provide such on all windows on the front facade. If such building is located on a corner lot, shutters shall be provided on all windows of all facades fronting on a street.
M. 
Lighting. Light fixtures attached to the exterior of a building shall be designed to be architecturally compatible with the style, materials, colors and details of such building and other lighting fixtures used on the site. Consideration shall also be given to the type of light source utilized and the light quality such produces. The type of light source used on buildings, signs, parking areas, pedestrian walkways and other areas of a site shall be the same or compatible. The use of low-pressure sodium or mercury vapor lighting either attached to buildings or to light the exterior of buildings shall be prohibited.
N. 
Signage. Signs affixed to the exterior of a building shall be architecturally compatible with the style, materials, colors and details of the building and other signs used on the site. All signage affixed to a building shall conform to Article IV.
O. 
Awnings and canopies. The ground level of a building in a business district shall have awnings or canopies, where appropriate, to complement the architectural style of a building. Awnings may also be used on the upper levels of a building, where appropriate. The design of awnings shall be architecturally compatible with the style, materials, colors and details of such building. All signage on awnings or canopies shall conform to Article IV of this Chapter.
P. 
Multiple Uses. A building with multiple storefronts or other multiple uses, no matter whether such uses are the same type of use or located on the same floor level, shall be unified through the use of architecturally compatible styles, materials, colors, details, awnings, signage, lighting fixtures and other design elements for all such storefronts or uses.
Q. 
Corner Buildings. A building on a corner lot shall be considered a more significant structure from an urban design standpoint since such building has at least two front facades visibly exposed to the street. Such building may be designed to have additional height and architectural embellishments relating to its location on a corner lot, if deemed appropriate by the Board.
R. 
Multiple Buildings. A development plan that contains more than one building or structure shall be unified through the use of architecturally compatible styles, materials, colors, details, awnings, signage, lighting fixtures and other design elements for all such buildings or structures.
S. 
Professional Office District Design Standards. The following additional architectural design standards for professional offices shall apply:
1. 
Dormers should be used to visually break up large roof masses.
2. 
Windows should be double hung sash types with the glass area divided by horizontal and vertical muntins.
3. 
Exterior materials should be brick, stone, horizontal siding or wood shingle, or a combination of such materials.
T. 
Retail Design Standards. The following additional architectural design standards for retail uses shall apply:
1. 
Retail stores oriented towards a street or parking lot shall have a minimum of 50% of the first floor building facade that faces a street or parking lot consist of glass display windows.
2. 
Primary building entrances should be oriented towards the street.
3. 
Common concrete block shall not be used on any elevation visible from a public or private street. Where permitted, common concrete block shall be painted or otherwise finished.
4. 
In no instance shall a building elevation have a homogeneous facade without a variation in materials, textures or other design features.
U. 
Industrial and Warehousing Use Design Standards. The following additional architectural design standards for industrial uses shall apply:
1. 
Variation in the apparent height of the building shall be used to articulate its mass either through actual changes in roof height or through the use of varying parapet walls.
2. 
Vertical offsets at least two feet in depth shall be introduced for each 50 feet of building length.
3. 
The exterior facade should be designed with one dominant material. This material should be varied through the use of vertical and horizontal elements that create texture changes along building facades.
4. 
The front and two side elevations shall be constructed of brick, architectural concrete masonry units (i.e., split face block) or architectural precast concrete a minimum of 50% of the facade. Metal siding or panels shall be limited to no more than 50% of the facade. Where glass is used or required, the percentage of masonry or metal shall be correspondingly reduced. Common concrete block shall not be used on any elevation visible from a public street. Where permitted, common concrete block shall be painted or otherwise finished.
5. 
At least 20% of the front elevation of the building shall consist of glass window.

§ 181-503 BUFFERING AND SCREENING.

The following regulations shall be used to prepare and review buffering and screening for any site plan:
A. 
Residential Uses and Districts. Any residential use shall be suitably buffered and screened from all uses other than single-family dwellings in order to minimize the impacts of noise, glare, vibration, vehicular traffic, pedestrian activity and other potential nuisances. Unless otherwise provided in this chapter, the width of buffering and height of screening shall be provided based on the type of use that is being buffered as follows:
B. 
Required Buffer Strips. When any business commercial or industrial building or uses, including but not limited to off-street parking area, occupy a lot in any district as permitted by ordinance and such lot abuts a Residential Zone, that portion specified hereinbelow of the yard or yards immediately adjacent to and along the entire length of such lot, shall be considered a buffer strip.
C. 
Location Within the Yard. The buffer strip shall be located within the required yard area of the property used for nonresidential purposes, and the structures and planting required by this Ordinance shall be provided and properly maintained by the owner of the nonresidential property. No part of any buffer strip shall be occupied by a sign, or by any structure or use except as specifically permitted in this section.
D. 
Type and Height of Buffer Strip. Buffer strips shall be planted with lawn, ornamental shrubbery and other suitable plantings approved by the Planning Board Engineer, to provide an effective screen along the entire length of the buffer strip between nonresidential uses and the abutting residential zone. Within the buffer area, a solid and continuous landscape screen at least six feet in width shall be planted and maintained. The landscape screen shall consist of massed evergreen and decidous trees and shrubs at least four feet in height of such species and size as will produce within two growing seasons a screen at least six feet in height. Any portion of a buffer strip not planted with shrubbery or trees shall be graded and planted with grass seed or sod, and be attractively maintained and kept free of all debris and rubbish.
E. 
Width of Buffer Strips. The minimum width of a buffer strip shall be as follows:
1. 
Eight feet wide in BN-1 Zones.
2. 
Ten feet wide in BN-2 Zones.
3. 
Twenty feet wide in BH Zones.
4. 
Twenty-five feet wide in I-A and I-A-I Zones.
F. 
Walls or Fences in Buffer Strips. A free-standing wall or fence shall not be more than four feet in height any may be erected on either side of a buffer strip.
G. 
Buffer Strip for Off-Street Parking Areas. In the case of off-street parking areas whether on a separate lot or within the yard of the building to which such parking areas are appurtenant, a solid wall or a substantial, tight, neat fence, four feet in height above grade of the land in the abutting Residential Zone, shall be constructed along the entire length of the buffer strip. In the case of off-street parking areas, such wall or fence may be located within the buffer strip, but shall be distant at least five feet from the abutting Residential Zone. In addition, for the uses specified in this section, the planting specified shall be located in the buffer strip on the Residential side of such wall or fence.
H. 
Waivers for Buffer Strips Reserved for Public Recreation. When the buffer strip is sufficiently wide and is reserved by agreement, approved by the Planning Board and Township Attorney, subjecting its control to the Township for public recreation purposes, the Municipal Agency may waive the required screen planting in the portion of the buffer strip so reserved.
I. 
Waivers Due to Hardship. When there are exceptional hardships in the way of carrying out the strict provisions of this section, the Municipal Agency may after public notice and hearing, waive or vary from the foregoing requirements, subject to such conditions as may be prescribed in the public interest.
J. 
Driveways and Parking Lots. All driveways and parking lots shall be suitably buffered and screened to minimize the impacts of noise, lighting and glare, exhaust fumes, views of parked vehicles and other nuisances. Buffering and screening shall minimize such impacts both from within the site itself, as well as from adjacent and nearby properties and public rights-of-way as follows:
K. 
HVAC Equipment and Utility Service Boxes. All ground level HVAC equipment and utility service boxes shall be suitably buffered and screened to minimize views of the same from both within the site itself, as well as from adjacent and nearby properties and public rights-of-way, as follows.
1. 
Buffering shall consist of a minimum three-foot wide area surrounding all sides of HVAC equipment and utility storage boxes exposed to view.
2. 
Screening shall consist of a minimum four-foot high evergreen hedge along all sides of the same.

§ 181-504 CURB DESIGN STANDARDS.

A. 
Applicability. This Article shall apply to all applications for development.
B. 
Design Standards. The following standards shall be used to prepare and review any development plan that involves the construction of new curbs or repair of existing curbs.
1. 
Location. Curbs shall be designed to define the sides of streets, driveways, parking lots and loading areas.
2. 
Construction and Repair Specifications. All curbs shall meet the construction specifications as set forth in applicable Township ordinances or as approved by the Township Engineer. This shall also apply to recommendations by the Township Engineer regarding the maintenance, repair or upgrading of existing curbs located in that portion of the public right-of-way that directly abuts the tract to be developed.
3. 
Drainage. Curbs shall be designed to direct surface water runoff along, on and/or across paved surfaces to drainage facilities.
4. 
Handicapped Ramps. Depressed curb ramps for the handicapped shall be installed at all locations where sidewalks, pedestrian crosswalks or walkways intersect any street, driveway or parking lot curb and shall be designed in accordance with the applicable laws and regulations of the State of New Jersey.
5. 
Planting Strips. The area located between curbs and sidewalks or walkways shall be either planted with grass or another type of ground cover plant material. Planting strips located in the public right-of-way may be paved with bricks or other similar type decorative paving materials as specified by the Township Engineer. In no instance, however, shall a planting strip be permitted to be covered with asphalt or loose stones of any variety.

§ 181-505 DRIVEWAY DESIGN STANDARDS.

A. 
Applicability. This Article shall apply to all applications for development.
B. 
Design Standards. The following standards shall be used to prepare and review any development plan that involves the construction of a new driveway or the expansion or repair of an existing driveway.
1. 
Lot access. Every use shall have driveway access to a street, except for historic zone districts. Such access shall be designed for the safety, control, efficient movement and convenience of motor vehicle traffic accessing the site, including service and emergency vehicles, and to promote safe, efficient and convenient traffic circulation generally within the Township.
2. 
Location. Driveways shall be located along the street line of a lot as follows:
a. 
A driveway on a corner lot shall be set back a minimum of 40 feet from the intersecting lot lines at the corner.
b. 
A driveway for a single-family dwelling shall be set back a minimum of three feet from a side lot line, unless such is a common driveway for dwelling units on adjacent lots. A driveway for uses other than single-family dwelling units shall be set back at least 10 feet from all property lines, excepting driveway intersections with public or private roadways.
3. 
Construction Specifications. The surface of any driveway shall be constructed with a permanent pavement such as asphalt or concrete.
a. 
If asphalt is used, the driveway shall consist of a two-inch thick minimum compacted layer of fine aggregate bituminous concrete (1-5 or equal) and a six-inch thick compacted DGA or RCA base course installed on a compacted subgrade approved by the Township Engineer.
b. 
If concrete is used, the driveway shall consist of six-inch thick 4,500 PSI concrete reinforced with six inch by six inch by #6 welded wire mesh (or equal) installed on a compacted subgrade approved by the Township Engineer. A four-inch thick base of compacted DGA or RCA shall be provided if required by the Township Engineer and expansion joints shall be provided as required.
c. 
Paver driveways shall be installed in accordance with the recommendations of the manufacturer, which should specify that the pavers are acceptable for use in driveway construction.
[Ord. No. 1571-2015]
4. 
Width. The width of driveways shall be based on the following:
Driveway Width Requirements
Land Use Type
One Way Traffic
Two Way Traffic
Minimum Width
(feet)
Maximum Width
(feet)
Minimum Width
(feet)
Maximum Width
(feet)
Single and two-family dwellings
10
20
10
20
Townhouses and apartments
15
18
18
22
All other residential
10
15
18
20
Nonresidential uses
15
18
20
24
Warehouse and light industrial uses
18
22
26
30

§ 181-506 ENGINEERING DESIGN STANDARDS FOR DRIVEWAYS.

Township Design Standards as deemed appropriate by the Township Engineer are hereby incorporated into this Ordinance by reference. These standards shall be held to be minimum criteria for site improvements in the Township of Hazlet and shall include all specifications, procedures, requirements, plans and any other documentation as may be contained therein. Stormwater management for all Site Plans and Subdivisions for the following developments that require preliminary or final site plan or subdivision review. Refer to Section 181-525 (Stormwater Management Requirements).[1]
A. 
Grading. Driveway grades shall not exceed 6% at any point along the entire length of the driveway.
B. 
Aprons. Driveway aprons shall be designed to permit access to any driveway from a street. Such aprons shall be constructed between the curb or edge of street pavement and the sidewalk or, in the absence of sidewalk, for a distance of four feet back from the curb or edge of pavement. Driveway apron width may be enlarged to provide adequate turning radii for larger vehicles. Driveway aprons shall consist of six-inch thick 4,500 PSI concrete reinforced with six inch by six inch by #6 welded wire mesh (or equal) installed on a compacted subgrade approved by the Township Engineer. A four-inch thick base of compacted DGA or RCA shall be provided if required by the Township Engineer and expansion joints shall be provided as required.
[Ord. No. 1571-2015]
C. 
Side Slopes. Driveway side slopes shall be topsoiled, seeded, fertilized and mulched or otherwise stabilized to prevent erosion. If banks exceed a slope of two increments vertical to one increment horizontal (two to one) and the slope face is not stable rock, retaining walls shall be constructed of a design approved by the Township Engineer.
D. 
Clear Sight Triangles. At locations where driveways approach sidewalks and streets in the public right-of-way, clear sight triangles shall be provided on both sides of such driveways. No vision-obstructing object with a height greater than 2 1/2 feet, as measured from the elevation of the driveway, shall be located in such areas formed by outward facing isosceles triangles, with equal sides of 10 feet in length consisting of the curbline of the driveway and the property line along the right-of-way.
[1]
Editor's Note: The design standards may be found on file in the office of the Municipal Clerk.

§ 181-507 LANDSCAPING.

The following guidelines shall be used to prepare and review a landscaping plan for any site plan. The landscaping plan shall be prepared by a New Jersey certified landscape architect.
A. 
Landscaping. The entire development shall be extensively landscaped in accordance with a plan conceived as a complete pattern and style throughout the total site. All areas of the site not occupied by buildings and other improvements shall be intensively planted with trees, shrubs, hedges, ground cover and perennials and annuals. Landscaping shall be provided to achieve the following:
1. 
Preservation and enhancement, to the greatest extent possible, of existing natural features on the site, including vegetation, land forms and bodies of water;
2. 
Assistance in adapting a site to its proposed development;
3. 
Mitigation and control of environmental and community impacts from a development;
4. 
Creation of an attractive appearance for the development, as viewed from both within the site itself and the surrounding area;
5. 
Enhancement of the habitability of a development;
6. 
Definition of yard areas and other open space;
7. 
Energy conservation and micro-climatic control; and,
8. 
Maintenance of a desirable ecological balance on a developed site.
B. 
Other Site Design Elements. The development plan shall incorporate landscaping with other functional and ornamental site design elements, where appropriate, such as the following:
1. 
Courtyards, plazas, alleys and similar public and semi-public open spaces;
2. 
Active recreation areas and facilities;
3. 
Ground paving materials;
4. 
Paths and walkways;
5. 
Berms and other earth forms;
6. 
Ponds, fountains and other water features;
7. 
Trellises, pergolas, gazebos and other accessory structures;
8. 
Fences, walls and other screens;
9. 
Street or site furniture;
10. 
Art and sculpture.
C. 
Plant Species. The selection of plant species to be used shall be appropriate in terms of function and size and shall be hardy for the climatic zone in which the Township is located. Consideration shall be given to soil conditions, availability of water, exposure to sunlight and other existing conditions.
D. 
Planting Sizes. Deciduous trees shall have a minimum caliper of three inches at time of planting. Evergreen trees shall be a minimum of six feet in height at time of planting. Low-growing evergreen shrubs shall be a minimum of 2 1/2 feet in height at time of planting. Size of other plantings shall depend on setting and type of plant material.
E. 
Planting Specifications. Only nursery-grown plant material shall be utilized. All trees, shrubs and ground cover shall be planted according to accepted horticultural standards. All grass shall be planted in accordance with the New Jersey State Soil Conservation Committee's Standards for Soil Erosion and Sedimentation Control in New Jersey, current edition. Mulch Trees and other vegetation that have been removed may be reduced to chips and used as mulch in landscaped areas. Maintenance plantings shall be watered regularly and in a manner appropriate for the specific plant material through the first growing season. All landscaped areas shall be well maintained and kept free of all debris, rubbish, weeds, tall grass, other overgrown conditions and the storage of any equipment or materials.
F. 
Replacement of Dead Plantings. The developer shall be required to replace dead or dying plant material for a period of two years from the date of issuance of a final zoning permit for occupancy and shall post a maintenance guarantee for such pursuant to Article IX of this Ordinance. If plant material is dead or dying during a planting season, it shall be replaced that same season. If plant material is dead or dying during a non-planting season, it shall be replaced as soon as is reasonably possible at the start of the next planting season.
G. 
Fall Planting Hazard. Certain trees have been identified as having a high degree of transplantation failure if planted during the fall season. These should be noted on the landscape plans as spring planting only.
H. 
Foundation Plantings. The base of all sides of a building shall be planted with foundation plantings consisting of evergreen and/or semi-evergreen shrubs and trees. Such plantings shall be a minimum of two feet high at time of planting and spaced an average of three feet on center. This foundation planting requirement shall not apply to the sides of buildings that are directly abutting a public right-of-way.
I. 
Parking Lot Landscaping. The interior area of all parking lots shall be landscaped to provide visual relief from the undesirable and monotonous appearance of extensive parking areas, and to provide shading that will reduce solar heat gain to both the surface of the parking lot and vehicles parked thereon. Such landscaped areas shall be provided in protected planting islands or peninsulas within the perimeter of the parking lot and shall be placed so as not to obstruct the vision of motorists. The area and types of plantings shall be provided based on the number of parking spaces in the lot, as follows:
1. 
The perimeter of all parking lots shall be set back from all rear and side lot lines by a minimum of 10 feet. Per Article IV, no individual parking space may be located within a required front setback area. Perimeter areas shall be landscaped as follows:
2. 
Side and rear yards shall be landscaped with a combination of evergreen shrubs and deciduous trees to form a screen a minimum of six feet tall at the time of planting.
3. 
Front yards shall be landscaped with a combination of an alternating evergreen and deciduous hedge a minimum of three feet tall at the time of planting, with deciduous shade trees located a spacing of 30 feet on-center, said spacing to supplement and alternate with required street trees.
4. 
For parking lots with 15 spaces or less, no such interior landscaping shall be required if the Board determines there is adequate landscaping directly surrounding the perimeter of the parking lot. If the Board finds that such landscaping is inadequate, then the requirements of paragraph 5 below shall apply.
5. 
For parking lots containing 16 or more spaces, a minimum of 5% of the interior area of the parking lot shall be provided with planting islands containing a minimum of one deciduous tree planted for every five parking spaces abutting such island. Planting islands in parking lots shall also conform to the following requirements:
a. 
The minimum width of planting islands shall be four feet on the side of parking spaces six feet between parking bays (head-to-head parking). If sidewalks are incorporated through either the long sides of the landscape islands between parking bays or through the landscape islands on the sides of parking spaces, their width shall be added to these requirements.
b. 
No more than eight parking spaces shall be placed in one row of parking without an intervening landscape island.
c. 
Where the parking lot design will result in pedestrians cutting perpendicularly through landscape islands, sidewalks shall be installed at regular intervals across the islands.
d. 
The remainder of any such interior planting areas not containing trees shall be planted with low-growing evergreen shrubs.
e. 
Parking lot lighting may be sited within landscape islands, however, without hindering necessary lighting coverage.
6. 
For parking lots with 100 or more spaces, a minimum of 5% of the interior area of the parking lot shall be provided with planting islands containing a minimum of one deciduous tree planted for every five parking spaces. Planting islands in such parking lots shall conform to the following requirements:
a. 
Diamond-shaped tree islands shall be utilized between parking bays (head-to-head parking) and shall contain a minimum of 36 square feet.
b. 
A landscaped island strip with a minimum width of four feet shall be placed at the end of each row of parking.
c. 
No more than eight parking spaces shall be placed in one continuous row of parking without an intervening landscaped island strip placed on both sides of the spaces. The minimum width of an intervening landscaped island strip shall be seven feet.
d. 
Sidewalks with a minimum width of four feet shall be placed adjacent to landscaped island strips.
e. 
Intervening planting strips are placed adjacent to one another, the aggregate width of the island shall be a minimum of 12 feet in order to accommodate two planting strips and a sidewalk.
f. 
The remainder of any such interior planting areas not containing trees shall be planted with low-growing evergreen shrubs.
g. 
Parking lot lighting may be sited within landscape islands, however, provided adequate lighting coverage is provided per Section 181-509.
J. 
Slope Plantings. All cut and fill areas, terraces, earth berms and roadway embankments with slopes steeper than one increment vertical to three increments horizontal (one to three) shall be sufficiently landscaped to prevent erosion.
K. 
Drainage Facilities. Detention basins, headwalls, outlet structures, concrete flow channels, rip-rap channels and other drainage facilities shall be suitably planted with shrubs and trees. Detention basin embankments shall be extensively landscaped with wet-site-tolerant plantings.
L. 
Energy Conservation. Landscaping shall be designed to conserve energy, such as the planting of evergreen windbreaks to provide shielding from northwesterly winds during the winter and deciduous shade trees to reduce solar heat gain during the summer.
M. 
Street or Site Furniture. Benches, trash receptacles, kiosks, phone booths and other street or site furniture shall be located and sized in accordance with the functional need of such. Selection of such furniture shall take into consideration issues of durability, maintenance and vandalism. All such furniture shall be architecturally compatible with the style, materials, colors and details of buildings on the site.

§ 181-508 LAND USE RESTRICTIONS AND EASEMENTS.

Land use restrictions shall be required as applicable when a proposed development includes one or more of the restrictions contained herein. Land use restrictions shall be recorded with the Monmouth County Recording Officer as deeds of easements or shall be placed on final plats for such recording, as appropriate.
A. 
Drainage Easements. Within required drainage easements, no regrading or the installation of structures, fences, trees and shrubs shall be permitted unless otherwise elsewhere modified by this Ordinance.
B. 
Conservation Easements. Conservation easements for wetlands, wetlands transition buffer, flood plain or flood plain buffer shall remain in their natural, undisturbed state within which no regrading or clearing shall be permitted, excepting the removal of minor underbrush or dead trees that are hazardous to people or buildings.
C. 
Clear Sight Easements. Areas designated as clear sight triangles shall remain free of visual obstructions between 2 1/2 and 10 feet in height with the exception of street and traffic control signs, traffic control boxes, fire hydrants, lighting poles as approved by the Township Engineer. Field sited street trees may be located within a sight triangle in accordance with Section 181-518, Sight Triangle.
D. 
Utility Easements. Easements for public and local utilities shall conform to any requirements of the appropriate company or authority. Structures within utility easements shall be regulated by the appropriate authority.
E. 
Cross-Access Easements. Cross-access easements shall permit pedestrians and motorists to travel from adjacent lots to the lot in question without the necessity for traveling on the public right-of-way.
F. 
Other Land Use Restrictions. Restrictions or easements of other governmental agencies with jurisdiction of the application for development shall conform to any requirements of the appropriate agency or authority.

§ 181-509 LIGHTING.

General requirements.
A. 
Sufficient lighting shall be provided on each site or along roadways to ensure the security of property and to protect the safety of persons between the hours of sunset and sunrise when the establishment or facility is in use.
B. 
Lighting shall be so designed to avoid the creation of hazards to motorists and pedestrians or nuisance to adjoining property owners or residents. Lighting directed towards the sky shall be designed to prevent interference with commercial aviation routes.
C. 
Security lighting design for commercial developments shall employ timers on all or a portion of the site lighting that reduces the average illumination to the minimum requirements of this Ordinance within one hour after close of business or before midnight, whichever occurs earlier.
D. 
Safety lighting design shall employ motion sensors so that illumination occurs only when someone is in the immediate area.
E. 
Display, advertising and specialty lighting, excluding interior illuminated or backlit identification signage, shall be turned off at or before midnight.
F. 
Lighting levels, lamp color, and fixture type shall be consistent throughout the parcel in question and shall complement building architecture and landscaping.
G. 
Lighting shall be designed to minimize energy and maintenance requirements and shall comply with the U.S. Energy Policy Act of 1992 as it may be amended or superseded.
H. 
Exterior Lighting. Exterior lighting not building mounted shall be supplied by electricity from underground cabling.
1. 
Street Lighting. All public and private streets shall be sufficiently illuminated to ensure traffic and pedestrian safety under all weather conditions.
2. 
Design Citeria. The design of street lighting shall take into consideration:
a. 
The brightness of the abutting uses in comparison to pavement brightness as seen by both motorists and pedestrians;
b. 
The ability to discern objects on the street or its edge in comparison to abutting uses; its brightness contrast;
c. 
The time available to the motorist and pedestrian to view such objects;
d. 
The amount of direct glare from the luminaire or lamp and reflected glare from the pavement.
3. 
Lighting Standard Placement. Excepting rural roads and lanes, lighting standards shall be located at the following places:
a. 
At every street intersection.
b. 
At the end of each cul-de-sac.
c. 
At curves with an inside radius of less than 300 feet, unless the standard is within 300 feet of another.
d. 
A maximum of every 600 feet on straight road segments.
e. 
Light stanchions shall be staggered on both sides of the roadway.
f. 
All lighting shall provide for non-glare lights focused downward.
4. 
Off-Premises Effects. Any other outdoor lighting such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, traffic safety and overhead sky glow. The objective of these specifications is to minimize undesirable off-premises effects. No light shall shine into building windows, nor onto streets and driveways so as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval. Wall mounted fixtures are only permitted if directed into a site and not positioned towards neighboring properties or public streets.
5. 
Building-attached Fixtures. Light fixtures attached to the exterior of a building shall be designed to be architecturally compatible with the style, materials, colors and details of such building and other lighting fixtures used on the site. Consideration shall also be given to the type of light source utilized and the light quality such produces. The type of light source used on buildings, signs, parking areas, pedestrian walkways and other areas of a site shall be the same or compatible. The use of high-pressure sodium lighting attached to buildings or to light the exterior of buildings shall be prohibited.
6. 
Mounting Height. See Article IV.
7. 
Illumination for Surface Parking. Parking lots shall be adequately lighted for both motorists and pedestrians in accordance with the table below:
Minimum Illumination for Surface Parking
Activity Type
Vehicular Traffic Footcandles
Pedestrian Safety Footcandles
Pedestrian Security Footcandles
Low activity
0.5
0.2
0.5
Medium activity
1.0
0.5
1.5
High activity
1.5
0.9
2.5
Any other outdoor lighting such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, traffic safety and overhead sky glow. The objectives of these specifications is to minimize undesirable off-premises effects. No light shall shine into building windows, nor onto streets and driveways so as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval. Wall mounted fixtures are only permitted if directed into a site and not positioned towards neighboring properties or public streets.
8. 
Maximum Lighting Controls. The ratio of average illumination, measured in footcandles, to minimum illumination, as required in paragraph 7 above shall not exceed 4 to 1. The maximum illumination provided on any site shall not exceed the minimum illumination by more than a ratio of 10 to 1.
EXAMPLE:
Minimum illumination required:
0.5 f.c.
Average to minimum ratio:
(4 x 0.5) or 2.0 f.c.
Maximum to minimum ratio:
(10 x 0.5) or 5.0 f.c.
9. 
Pedestrian Way Illumination. Minimum pedestrian way illumination shall be as required as stated in the following:
Pedestrian Way Illumination Requirements
Min. Avg. Level
Avg. Levels Special Pedestrian Safety
Walkway classification
Footcandles
Mounting hts (9-15') footcandles
Sidewalks (roadside) and Type A bikeways
Common areas
0.9
2.0
Intermediate areas
0.6
1.0
Residential areas
0.2
0.4
Sidewalks (distant from roadways) and Type B bikeways
Parks, walkways and bike paths
0.5
0.6
Pedestrian tunnels
4.0
5.0
Pedestrian overpass
0.8
0.4
Pedestrian stairways
0.6
0.8

§ 181-510 MONUMENTATION.

A. 
Major Subdivision. As part of a major subdivision, concrete monuments shall be installed at all tract boundary corners and at all points of the right-of-way which establish a publicly dedicated street. Such monuments shall be located between the sidewalk and the front property line, where appropriate. A metal alloy pin of permanent character shall be installed at all remaining lot corners of all approved lots.
B. 
Minor Subdivision. As part of a minor subdivision, metal alloy pins of a permanent character shall be installed at all lot corners of all approved lots.
C. 
Performance Bonding of Monuments. All monuments and/or pins that are not installed at the time of subdivision approval shall be bonded in accordance with Article IX of this Ordinance.

§ 181-512 PARKING LOT AND LOADING AREA DESIGN STANDARDS FOR SITE PLAN APPLICATIONS.

A. 
Applicability. This Article shall apply to all site plan applications.
B. 
Design Standards. The following standards shall be used to prepare and review any development plan that involves the construction of a new parking lot or loading area or repair of an existing parking lot or loading area.
1. 
Layout. All parking lots and loading areas shall be designed for the safety, control, efficient movement and convenience of motor vehicle circulation within a site. Traffic circulation shall be designed to minimize the use of aisles serving parking areas as access drives. For all uses except single-family dwellings, parking lots or individual spaces shall be prohibited within front yard areas. For nonresidential uses, parking areas with more than 25 spaces shall have separate entrances and exits, where possible.
2. 
Parking Lot Location. A parking lot shall be located to the rear of a building and/or the interior of the site where its visual impact to adjacent properties and the public right-of-way can be minimized. No parking lot shall be located in a required front yard.
3. 
Building Setbacks. The minimum setbacks for buildings from driveways, parking spaces and private streets within the site shall be 10 feet for nonresidential developments. Standards relative to building setbacks from parking areas and streets in residential development are at Section 181-505. The provisions of this subsection are in addition to the yard setback requirements of Article IV, which shall additionally be complied with.
[Ordinance No. 1421-07 adopted 10-16-2007]
4. 
Construction and Repair Specifications. All parking lots and loading areas shall be constructed or repaired to specifications as approved by the Township Engineer.
5. 
Striping and Signage. Surface painted aisle, stall and directional striping and directional and traffic safety signs shall be provided throughout the parking, loading and circulation areas, pursuant to Article IV of this Chapter and in accordance with the Manual of Uniform Traffic Control Devices (MUTCD).
6. 
Location. See Article IV.
7. 
Landscaping. See Section 181-507, Landscaping.
8. 
Parking Space Dimensions. The following parking space sizes shall apply to all parking areas:
a. 
Residential uses: 10 feet by 20 feet.
b. 
Office and industrial uses: 10 feet by 20 feet.
c. 
Government and institutional uses: 10 feet by 20 feet.
d. 
Retail uses utilizing shopping carts: 10 feet by 20 feet.
e. 
Other retail uses: 10 feet by 20 feet.
f. 
Handicapped van accessible: 18 feet by 18 feet. (Van accessible spaces shall be striped with an eight feet wide loading area. Other handicapped spaces with a five feet loading area. Paired handicapped spaces may share a loading area.)
g. 
Other handicapped spaces: 12 feet by 18 feet.
[Ord. No. 1571-2015]
h. 
Parallel spaces: nine feet by 23 feet.
i. 
Bus spaces: 10 feet by 40 feet.
j. 
Tractor trailer: 12 feet by 60 feet.
9. 
Aisle Dimensions. Parking lot aisles shall measure as follows:
Parking Aisle Widths
Angle of Parking Stall
(degrees)
Width of One-Way Traffic Aisle
(feet)
Width of Two-Way Traffic Aisle
(feet)
0 (parallel)
12
18
30
12
Not permitted
45
13
Not permitted
60
18
Not permitted
90 (perpendicular)
22
24
10. 
Handicapped Parking Spaces. The number, location, size and marking of handicapped parking spaces shall be pursuant to the requirements specified in N.J.S.A. 55:13A-7.3. However, where handicapped accessible or adaptable dwelling units are provided in accordance with Multifamily Development pursuant to this Article, a minimum of one handicapped parking space shall be provided in a location within closest proximity to such dwelling unit.

§ 181-513 REFUSE AND RECYCLING AREAS.

All uses must provide an area used for refuse and recyclable disposal collection. All containers, bins, dumpsters and/or storage facilities shall be designed to reduce discernible odors and contain such within the storage facility area. Refuse and recycling areas shall comply with the following provisions:
A. 
Nonresidential Uses.
1. 
All nonresidential refuse and recyclable disposal collection areas shall be suitably buffered and screened to minimize the impacts of noise, odors, disposal and collection activities and views of collection bins and dumpsters. Buffering and screening shall minimize such impacts both from within the site itself, as well as from adjacent and nearby properties and public rights-of-way. Buffering shall consist of a minimum four-foot wide area surrounding all sides of such facility exposed to view. If such facility is located on a site adjacent to a residential use or zone, such buffering shall consist of a minimum ten-foot area surrounding all sides of such facility exposed to view. Screening shall consist of a minimum six foot-high masonry wall, solid wooden fence or accessory building with gates or doors and ramped access to facilitate the movement of bins or dumpsters. The base of such screen shall be planted with a minimum four-foot high evergreen hedge along the sides and rear of same.
2. 
All storage facilities shall be located in proximity to one another or may be combined in a single common facility. Such facilities shall be centrally located and convenient for the users of the site. Designated recyclable storage facilities may be located inside a building. Such facilities shall not be located as to be visual focal points in courtyards or parking lots. Where located in a parking lot, such facilities shall not be permitted to be placed on the paved surface of the parking lot and shall be placed on a curbed area set back a minimum of two feet from the curb edge of such parking lot. No refuse and recycling area may be located within a required principal building setback area.
3. 
Adequate pedestrian and service vehicle access shall be provided to all storage facilities. Such vehicular access shall accommodate the type of service vehicles used for the collection of solid waste and designated recyclable materials.
4. 
The size and capacity of all storage facilities shall be based on the size and capacity of containers, bins and/or dumpsters utilized, frequency of pickup and projected generation rates of users of the site.
5. 
All nonresidential uses shall be designed to have a temporary designated refuse and recyclable storage area located within the building occupied by such use. Such storage area may be located anywhere within the interior of a building, including basements, storage closets or attached garages, but shall not be situated in a hallway or corridor necessary for internal circulation or emergency access. Such area shall be designed to accommodate the average accumulated volume of designated recycables and refuse per occupant per period of collection and any necessary storage equipment.
B. 
Residential Uses.
1. 
All dwelling units shall be designed to have a temporary designated recyclable and refuse storage area located either within the interior of such unit in the kitchen, laundry room, basement or storage closet or in an attached garage or private rear yard area.
2. 
Such area shall be designed to accommodate the average accumulated volume of designated recyclables and refuse per dwelling unit per period of collection and any necessary storage equipment. The minimum size of such storage area shall be six square feet.

§ 181-514 RESIDENTIAL DEVELOPMENT STANDARDS.

The following regulations shall apply to residential development.
A. 
Elevation. No dwelling unit shall be located below grade, whether fully or partially.
B. 
Single Family Development. The following look-a-like provisions/elevation standards shall be used to prepare and review any new single family residential development. The purpose of this section is to encourage construction in character with existing residential neighborhoods and to encourage construction that is diverse and aesthetically pleasing. No dwelling unit shall hereafter be constructed in any residential zone which shall be like or substantially like any neighboring dwelling as hereinafter defined, in more than two of the following six respects:
1. 
Height of the main roof ridge above the elevation of the first floor.
2. 
Length of the main roof ridge.
3. 
Width between outside walls at the ends of the dwelling under the main roof perpendicular to the length thereof.
4. 
Relative location with respect to each other: of garage, if attached, of porch, if any, and the remainder of the dwelling on the front elevation.
5. 
Relative location of windows on the front elevation.
6. 
Materials used on the front elevation.
7. 
For sub paragraphs 1, 2, 3 and 4 above, dwellings shall be deemed to be like each other if any dimension in which the difference between them is no more than six feet.
8. 
For paragraph 5 above, dwellings shall be deemed to be like each other if any dimension in which the difference between them is not more than three feet.
9. 
For paragraph 6 above, dwellings shall be deemed to be like each other if the difference between materials used is not more than 35% of the facade area.
10. 
Dwellings between which the only difference is relative location of elements from end to end or side to side reversal of elements shall be deemed to be like each other in relative location of such elements.
11. 
For the purpose of this section, a neighboring dwelling, as stated above is defined as any principal dwelling on any lot which is located as follows:
a. 
Any lot which is within 100 feet or three lots whichever is greater and along the same side of the street as the subject lot without regard to intervening street lines.
b. 
Any lot, which is directly across said street from the subject lot or from a lot referenced in the above paragraph.

§ 181-515 RESIDENTIAL SITE IMPROVEMENT STANDARDS.

A. 
Applicability. The Residential Site Improvement Standards (RSIS) at N.J.A.C. 5:21-7 including the section on stormwater management; shall govern any site improvements carried out, or intended or required to be carried out, in connection with any application for residential subdivision, site plan approval, or variance before the Planning Board or Zoning Board of Adjustment, or in connection with any other residential development approval required or issued by the Township or any agency thereof, except as provided for herein.
B. 
Compliance. Construction of all residential improvements not regulated by the RSIS and not regulated by subsection 181-408.14, Parking Requirements, shall conform to the technical requirements of the Township Engineer, and any technical requirements specified in this Ordinance.

§ 181-516 SECURITY GRILLES AND ROLL-UP DOORS.

A. 
Purpose. Security grilles and doors found to be necessary in certain situations are an important building facade element that should be given thoughtful consideration. Security grilles and doors devoted to any retail sales or service establishment must be installed in a manner that preserves full visual access to a building's unique design elements.
B. 
Nonresidential Uses. Security grilles and doors designed in accordance with standards set forth in paragraph C may be installed by nonresidential uses only.
C. 
Design Standards. Security grilles and roll-up doors shall be designed according to the following standards:
1. 
Solid "rolling service doors" fabricated of interlocking slats or panels with no openings are extremely detrimental to an attractive streetscape and should be avoided.
If a security grille is absolutely necessary, it should be a least 60% non-solid. The standard curtain pattern is a straight lattice design with horizontal rods at two inches on center and vertical links at nine inches on center. For added visual interest, a staggered "brick pattern" with 4 1/2 inch horizontal spacing may be preferable.
2. 
The security grille coil, whether side- or overhead-mounted, should never be attached to the exterior of the building. When the security grille is in the closed position it should be located on the interior side of the windows so as not to degrade the architectural design features along the streetscape.
3. 
Where headroom is limited a folding or accordion grille may be installed in lieu of the typical roll-up type. Any sliding type security grille must also be non-solid and situated on the interior side of the windows.
4. 
An emergency egress feature should always be incorporated into the design and installation of any security grille.

§ 181-517 SIDEWALKS AND BIKEWAYS FOR NONRESIDENTIAL USES.

A. 
Applicability. This subsection shall apply to nonresidential development in all portions of the Township.
B. 
Sidewalks. The following section provides standards for sidewalk placement and minimum sidewalk widths. The board of jurisdiction may require wider sidewalk widths where anticipated pedestrian traffic volumes would necessitate additional capacity. Calculations of required sidewalk widths that differ from the standards as set forth herein shall be made using the Highway Capacity Manual, latest edition, published by the Transportation Research Board.
1. 
Sidewalks shall be required on both sides of the street for all major arterials, minor arterial roads, collector roads and local roads in association with nonresidential development.
2. 
All lots shall have private walkway access to a public sidewalk in the right-of-way. Such access shall be designed for the safety, control, efficient movement, convenience and encouragement of pedestrian traffic into and out of the site and to promote pedestrian circulation generally within the Township.
3. 
In general, sidewalks shall be placed in the right-of-way, parallel to the street unless an exception has been permitted to preserve topographical or natural features, or to provide visual interest, or unless the applicant shows that an alternative pedestrian system provides equally safe and convenient circulation. Sidewalks may be placed in a public access easement adjoining the right-of-way in order to provide sufficient room for various functions within the right-of-way, as follows:
a. 
In commercial areas, the sidewalk area may abut the curb incorporating additional width for street furniture such as bus stops and shelters, planters, signage, benches, street tree planting holes and grates, newspaper vending machines, traffic control devices, light poles and similar items, provided that such items may not be set back more than four feet from the curbline. A continuous clear pedestrian passageway of 7 1/2 feet in width is to be maintained when such items are utilized.
4. 
In addition to required sidewalks along streets, commercial developments shall provide internal sidewalks creating convenient linkages between the commercial development and all surrounding streets, including residential streets. Internal sidewalks shall be provided linking such commercial development to adjoining non-residential developments. Cross-access easements shall be provided for such pedestrian linkages.
5. 
Walkways shall be located on a site to facilitate pedestrian access between the public sidewalk, buildings, parking lots and other facilities and to provide for pedestrian circulation generally within a site. Where walkways abut the ends of parking spaces and wheel stops are not provided, the minimum width of such walkways shall be a minimum of five feet in order to provide for the front ends of vehicles to overhang onto such walkways with appropriate space remaining for the passage of pedestrians.
6. 
In commercial or industrial developments, sidewalks shall be provided to link streets, buildings within a complex, and on-site activities such as parking and recreational areas. Such sidewalks shall be linked to public sidewalks within the right-of-way.
7. 
The location and width of sidewalks shall be consistent with the location and width of existing sidewalks adjacent to or near the site to be developed, but in no case shall be less than the standards set forth below.
a. 
The following sidewalk widths for office, governmental, educational and health care uses shall be required:
Along nonresidential streets separated from the curb by at least 5 feet:
4 feet
Along nonresidential streets adjacent to the curb:
6 feet
Between a main entrance and its closest parking:
8 feet
Where vehicles overhang the sidewalk:
6 feet.
Within parking areas:
4 feet
Between buildings:
6 feet
b. 
The following sidewalk widths for retail development shall be required:
Along nonresidential streets separated from the curb by at least 5 feet:
6 feet
Along nonresidential streets adjacent to the curb:
8 feet
Between a main building entrance and its closest parking:
10 feet**
Where vehicles overhang the sidewalk:
6 feet
Within parking areas:
4 feet
Between buildings:
6 feet
**
This width may be reduced to 6 feet provided an area of at least 4 feet in width is provided at all building foundations for landscaping.
8. 
Handicapped Passage. Sidewalks and walkways less than six feet in width shall provide widened areas at least every 200 lineal feet sufficient to permit the passage of two wheelchairs in opposite directions. The widened area shall be at least six feet wide. In general, this requirement may be met through the intersection of driveway's paved surfaces with sidewalks.
9. 
Sidewalks and graded areas shall be constructed according to the Engineering Department Standard Details established by the municipality.
10. 
All sidewalk and drive apron construction shall be in accordance with New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction (1989) and amendments thereto.
11. 
The concrete to be used for sidewalks and drive aprons shall be Class 'B' 4,000 p.s.i. air entrained. The sidewalks and drive aprons may require a crushed stone foundation for unusual loads or soil conditions if directed by the Municipal Engineer. The following minimum thickness shall apply:
a. 
Sidewalks shall be a minimum thickness of four inches.
b. 
Drive aprons and sidewalks at drive aprons shall have a minimum thickness of six inches and they shall have welded wire fabric reinforcement mat not less than #6 x #6 on a six inch by six inch grid pattern.
12. 
Pre-molded bituminous expansion joint material shall be installed every 20 feet and half depth contraction joints installed every four feet.
13. 
Monolithic curb and drive apron construction shall be prohibited.
14. 
Bikeways.
a. 
Separate bicycle lanes and paths shall be required as envisioned by the Township's Master Plan.
b. 
Bicycle lanes, where required, shall be placed in the outside lane of a roadway, adjacent to the curb or shoulder. When on-street parking is permitted, the bicycle lane shall be between the parking lane and the outer lane of moving vehicles. Lanes shall be delineated with markings, preferably striping. Raised reflectors or curbs shall not be used. Bicycle lanes shall be considered Type A bikeways and all other bikeways Type B.
c. 
Bikeways shall be constructed in accordance with the bicycle facility design guidelines published by the New Jersey Department of Transportation.
15. 
Bicycle Parking. Bicycle parking areas shall be installed wherever significant attractors are established, including, but not limited to food stores, educational uses, and shopping centers. The number of spaces for bicycles shall equal at least 10% of the total required number of parking spaces for the first 100 spaces and 2% thereafter. Bicycle parking areas shall have a minimum capacity of six bicycles and shall be designed to provide secure anchoring for locking devices. If located in motorized vehicle parking lots, bicycle parking shall be primarily located in the one-third of the parking area closest to the building. If located on sidewalks, the parking should be adjacent to entrances. Bicycle parking shall be located outside of travel ways for motorized vehicles and pedestrians.

§ 181-518 SIGHT TRIANGLE.

On all corner lots in all zones there shall be an unobstructed sight triangle formed by measuring 25 feet along each curb line from the point of intersecting curb lines at such corner and connecting such points to form a triangular area. No fences of any type may be erected within the sight triangle. A sight triangle shall contain no structures, signs, plantings or any other vision obstructing objects that are greater than 24 inches in height as measured from the curb level at the point of intersecting street lines. Trees shall be permitted whose branches are trimmed away to a height of at least eight feet above the curb level as measured from the point of intersecting street lines.
Nothing herein shall permit the parking or storage of any vehicle on a corner lot property that obstructs, impairs or obscures vision of motor vehicle traffic at an intersection, as determined by the Chief of Police.

§ 181-519 SITE PLAN DEVELOPMENT STANDARDS.

A. 
Applicability. This Article shall apply to all site plan applications.
B. 
Development Standards. The following standards shall be used to prepare and review any site plan:
1. 
Vehicular Access. No public or private roadway shall be located within 25 feet of an existing adjacent residential use or district, except in such cases where the Board determines that it shall be necessary for an existing or future roadway connection.
2. 
Building Location. A building shall be located to front towards and relate to a public street, both functionally and visually. In a multiple-building development, buildings located on the interior of a site shall front towards and relate to one another, both functionally and visually. To the greatest extent possible, the development shall divide proposed buildings into smaller, individualized groupings, utilizing such features as courtyards, quadrangles and alleys that encourage pedestrian activity and incidental social interaction among users. Spatial relationships between buildings shall be geometrically logical and architecturally formal. No building shall be oriented to front toward a parking lot. All buildings shall be located to allow for adequate fire and emergency access.
3. 
Pedestrian Circulation. A barrier-free walkway system shall be provided to allow pedestrian access to a building or use from both a parking lot within the site and from the Township sidewalk system. Such walkway system shall promote pedestrian activity both within the site itself and throughout the community by its integration with the Township sidewalk system. Walkways shall be separate from motor vehicle circulation to the greatest extent possible and shall provide a pleasant route for users that will promote enjoyment of the site and encourage incidental social interaction among pedestrians.
4. 
Decorative Lampposts. The exterior of a site with greater than 100 feet of street frontage shall provide decorative lampposts approximately 10 feet to 12 feet high, spaced at intervals of approximately 40 feet to 60 feet along or near all street lines and driveways. Walkways in the interior of a site shall have decorative lampposts approximately 10 feet to 12 feet high, spaced at intervals of approximately 30 feet to 40 feet. The style, size, color and type of light source of such lampposts shall be determined by the Board based on existing fixtures located in other similar type developments in the Township. Lighting levels from such fixtures shall be provided pursuant to Section 181-509, Lighting.
[Ordinance No. 1421-07 adopted 10-16-2007]
5. 
Building Spacing. Separation of buildings in a multiple-building development shall be based on spacing relationships corresponding to a multiplier of the highest single wall height of the buildings involved, as measured from ground level to the height of the top of the cornice or from ground level to the height of the juncture of the wall plane and the roof eaves, as follows:
BUILDING SPACING REQUIREMENTS FOR NONRESIDENTIAL MULTIPLE BUILDING DEVELOPMENTS
Formula: Wall height x Multiplier = Distance of separation between buildings
Building Wall Relationship
Multiplier
Minimum Spacing
Front wall to front wall
1.5
30 feet
Front wall to rear wall
2.0
40 feet
Front wall to side wall
1.5
30 feet
Front wall to windowless side wall
1.5
30 feet
Rear wall to rear wall
2.0
40 feet
Rear wall to side wall
2.0
40 feet
Rear wall to windowless side wall
1.5
30 feet
Side wall to side wall
1.25
25 feet
Side wall to windowless side wall
0.75
15 feet
Windowless side wall to windowless side wall
0.75
15 feet
NOTES: 1. The minimum spacing standards listed above are generally intended for average two-story buildings and, therefore, may need to be adjusted for buildings of other heights.

§ 181-520 STREETS.

A. 
Applicability. This Article shall apply to all applications for nonresidential development.
B. 
Design standards. The following standards shall be used to prepare and review any development plan that involves the construction of a new street or repair of an existing street: Street design standards shall be appropriate to the expected use of the street, soil, topographical and other physical conditions and to the maintenance of the purpose of this Ordinance, but shall not be less than those set forth in the paragraph H., Schedule of Street Design Standards.
C. 
Nonresidential Streets. The right-of-way width and other standards for internal roads in commercial and industrial developments shall be determined on an individual basis and shall in all cases be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs, and maximum access for fire fighting equipment.
D. 
Reserve Strips. There shall be no reserve strip or areas controlling access to streets except where control and disposal of the land comprising such strips or areas have been placed in the hands of the Township Committee under conditions approved by the Municipal Agency.
E. 
Street Intersections. Shall be designed according to the following standards.
1. 
No more than two streets shall cross the same point. Street intersections of less than 60° (measured at the centerline of the street) shall not be permitted.
2. 
Streets should not enter the same side of minor collector streets at intervals of less than 250 feet, major collector streets at intervals of less than 800 feet or arterials at intervals of less than 1,500 feet. Roads which enter collectors or arterials from opposite sides shall be directly opposite to each other or they must be separated by a least 200 feet between their centerline measured along the centerline of the intersected street.
3. 
Approaches of any collector or arterial street to any intersection of another collector or arterial street shall be tangent or on a curve of radius greater than 5,000 feet for at least 500 feet from the intersection.
4. 
Where a collector or arterial street intersects with another collector or arterial street, the street right-of-way of each shall be widened by 20 feet (10 feet from each side) for a distance of 500 feet in all directions from the intersection of the centerlines.
5. 
In addition to right-of-way widths required for the full design of all streets and the wider intersections as specified in this Ordinance, sight triangles shall be dedicated to the Township of Hazlet. These shall be areas bounded by the right-of-way lines and straight lines collecting points on all street centerlines which are the following distances from the intersection of the centerlines:
a. 
Where a local street intersects another local, 100 feet on each centerline.
b. 
Where a local street intersects a minor collector, 100 feet on the local and 200 feet on the minor collector.
c. 
Where a local or minor collector intersects a major collector or arterial, 100 feet on the local or minor collector and 350 feet on the major collector or arterial.
d. 
Where a major collector or arterial intersects a major collector or arterial, 350 feet on each centerline.
F. 
Street Layout.
1. 
Curved local streets are preferred to discourage speed and monotony wherever possible and practical, the maximum straight-line distance shall not exceed 100 feet.
2. 
The Township may, and in the case of subdivisions having 50 or more lots, shall require a provision for continuing circulation patterns onto adjacent properties, and for this purpose, may require the provision of stub streets abutting adjacent properties.
3. 
Subdivisions containing more than 50 lots shall have, whenever possible, a minimum of two access points from major collector or arterial streets or the adjoining street system.
G. 
Grading of Roadways. To preserve the integrity of pavements, embankments and excavations for street or roadways the grading shall be provided with slopes no steeper than one-foot vertical rise for every two feet of horizontal distance. Such slopes shall be suitably planted with perennial grasses or other ground cover plantings in accordance with the landscaping plans approved by the Township Engineer. In areas where excavations or embankments would extend significantly beyond the road right-of-way, thereby causing disruption to the natural environment of the subdivision, the Township Engineer may upon the application of the sub-diver, consider or may, upon its own initiative, direct the use of terraces, retaining walls, crib walls or other means of maintaining roadway slopes. In the event, the entire roadway right-of-way shall be fully graded and any retaining wall, crib wall or terraces shall be located outside the roadway right-of-way, and their maintenance shall be the responsibility of the owner of the property on which they are constructed. All areas in the roadway right-of-way between curbs and sidewalks shall be neatly graded, topsoiled and fertilized and seeded to establish a stand of perennial grasses.
H. 
Schedule of Street Design Standards.
Schedule of Street Design Standards
Local
Minor Collector
Major Collector
Arterial
Nominal Traffic Capacity (ADT)
500
2,500
10,000
-(1)
Minimum Right-of-way Width
50
66
80
104
Minimum Sidewalk Area
10
10
10
-(1)
Paving Width:
Two-way
30
46
46
-(1)
Shoulder Width
7
-(1)
Design Speed
40
50
60
60
Minimum Radius Horizontal
Curvature at Centerline
300
800
2,000
2,000
Minimum Tangent Between
Reverse Curves
100
200(3)
400(3)
-(1)
Max. Longitudinal Grade
4%
8%
5%
4%
Max. Longitudinal Grade Desirable
1%
1%
1%
1%
Max. Longitudinal Grade Absolute
0.5%
0.5%
0.5%
0.5%
Max. Intersection Grade for 200 feet from each side on intersection
4%
3%
Min. Curb Return Radius at Intersection
20
30
45
75
Vertical Curve (4) Crest: Minimum Length = 200 feet Based on Stopping Sight Distance at Design Speed:
Sag: Minimum Length = 200 feet, Based on Headlight Illumination and Stopping Sight Distance at Design Speed
Max. Superelevation
Not Required
6%
6%
6%
Minimum Pavement Cross-Slope
4%
2%
1 1/2%
-(1)
Max. Pavement Cross-Slope
4%
4%
3%
-(1)
Notes:
1.
To be individually designed based on traffic projections and AASHO design standards. Design to meet at least major collector standards.
2.
For sight distance and vertical curve calculations only.
3.
Or as required to run out superelevations (1% per sec. of travel at design speed).
4.
Not required if algebraic difference of intersecting grades does not exceed 1%.
5.
Except in superelevation area.
I. 
Lot Access. All lots shall have frontage on and driveway access to a public street, except that lots in PUD's may have access from a private street, if specifically approved by the Board, pursuant to paragraph N., Private Streets, below. In no instance shall access to a nonresidential use be permitted through or across a lot located in a residential district.
J. 
Construction and Repair Specifications. All streets shall meet the construction specifications as set forth in applicable Township ordinances or as approved by the Township Engineer. This shall also apply to recommendations by the Township Engineer regarding the maintenance, repair or upgrading of existing streets located in that portion of the public right-of-way that directly abuts the lot to be developed.
K. 
Cul-De-Sacs. Where one end of a street terminates in a dead-end, a cul-de-sac shall be provided. The maximum length of a street ending in a cul-de-sac shall be 600 feet from the nearest intersection. A vehicular turnaround shall be provided at the terminus of the cul-de-sac with a minimum radius of 40 feet at the curbline. For public streets, an additional ten-foot-wide utility and planting strip shall be provided around the entire cul-de-sac for a minimum total right-of-way radius of 50 feet.
L. 
Street Names and Address Numbers. A street name shall not conflict with or be mistaken for an existing street name in the Township unless the street is a logical extension of an existing street. The street address numbering system shall be as approved by the Tax Assessor and the Township Administrator.
[Amended by Ordinance No. 1311-2004]
M. 
Street Name Signs. Street name signs shall be placed at all street intersections within or abutting the development. Street signs shall identify all cross streets at all intersections. The type, style and location of such signs shall be as approved by the Township Engineer.
N. 
Private Streets. Where approved as part of a PUD, private streets may be permitted by the Board with the following conditions:
1. 
Design Standards. The design of a private street shall meet all other applicable design standards of this article for a public street.
2. 
Access Control. A development plan involving access to a private street shall not be approved unless the control and disposal of said land controlling access has been placed with the Township or unless a protective deed restriction has been approved by the Board.
3. 
Maintenance. The applicant shall establish, prior to final approval or as a condition thereof, an entity responsible for maintaining such private street for which the Board shall require a developer's agreement. This agreement shall include the Township's right to enter the premises to make repairs and/or conduct other necessary maintenance. The cost for such repairs and/or maintenance by the Township shall be paid by the property owner(s) and shall include all legal, administrative, clerical, planning, engineering, repair and maintenance costs associated with such work.
O. 
Public Streets. All public streets shall be located in a public right-of-way dedicated to the Township having a minimum width of 50 feet, unless another width is specifically recommended in an adopted element of the Master Plan or on the adopted Official Map or Tax Map of the Township. Developments that adjoin or include existing public streets that do not conform to the above required right-of-way widths shall dedicate the required additional width along one or both sides of said street. If development is proposed along one side of the street only, then half of the required extra width shall be dedicated. The approval of any map or plat delineating streets by the governing body of the Township shall in no way be construed as an acceptance of any street indicated thereon.

§ 181-521 STREET TREES.

A. 
Location. Street trees shall be installed on both sides of all public and private streets in accordance with an approved landscape plan. Trees shall be spaced evenly along the street in a location 15 feet behind the curbline (see Appendix H). In commercial areas with wider sidewalks that extend to the curb, trees shall be placed in tree wells with root guard systems. Such tree wells shall have sufficient soil volume to support tree growth as follows:
Tree Size at Maturity
(height in feet)
Soil Volume
(in cubic feet)
Large trees (45 feet +)
200
Medium-sized trees (30 feet - 45 feet)
150
Areas under sidewalks may be used to meet the soil volume requirement provided no more than 50% of the volume is located under such hard paving.
B. 
Spacing. Trees specified in the Table of Recommended Large Street Trees shall be planted at a minimum interval of 35 feet along all streets. Trees specified in the Table of Recommended Medium Street Trees shall be planted at a minimum interval of 30 feet along all streets. Trees may be planted closer together in order to avoid interference with utilities, roadways, sidewalks, sight easements, and street lights.
C. 
Minimum Planting Size. All street trees shall have a minimum caliper of 3 1/2 inches at the time of planting.
D. 
Street Tree Type. Tree type may vary depending on overall effect desired but as a general rule, all trees shall be large deciduous trees except as needed to achieve special effects. Tree selection shall be approved by the Board in accordance with the following tables. Alternate selections may be approved at the discretion of the Board.
1. 
Recommended Medium Street Trees.
Botanical Name
Common Name
Acer rubrum 'Northwood'
Northwood Red Maple
Acer rubrum 'Scanlon'
Scanlon Red Maple
Acer Saccharum 'Goldspire'
Goldspire Sugar Maple
Carpinus caroliniana
American Hornbeam
Malus baccata 'Manchurin'
Manchurian Crabapple
Phellodendron amurense
Amur Corktree
Tilia cordata x. 'Whitehouse'
Whitehouse Linden
2. 
Recommended Large Street Trees.
Botanical Name
Common Name
Acer rubrum 'October Glory'
October glory Red Maple
Acer rubrum 'Red Sunset'
Red sunset Red Maple
Ginkgo biloba (male only)
Ginkgo
Platanus acerifolia
London Planetree
Platanus occidentalis
Sycamore
Quercus coccinea
Scarlet Oak
Quercus phellos
Willow Oak
Quercus rubra
Red Oak
Tilia x euchlora
Crimean Linden
Tilia tomentosa 'Green Mountain'
Silver Linden
Zelkova serrata 'Village Green'
Japanese Zelkova
E. 
Planting Specifications. Street trees shall be substantially uniform in size and shape, and have straight trunks. Trees shall be properly planted and staked in accordance with the Hazlet Township Engineering Standards. Provision shall be made by the developer for regular watering and maintenance until they are established. Dead or dying trees shall be replaced by the developer during the next suitable planting season.

§ 181-522 SUBDIVISION DEVELOPMENT STANDARDS.

A. 
Applicability. This Article shall apply to all subdivision applications.
B. 
Standards. The following standards shall be used to prepare any development plan for a subdivision:
1. 
Blocks. The length, width and area of blocks created within bounding roads creating blocks shall be such as to accommodate the lot areas and dimensions required by Article IV of this Ordinance for the specific district in which the block is located and to provide for convenient access, circulation, control and safety of street traffic.
2. 
Lots. No lot shall be created on which development may be rendered impracticable due to significant environmental or man-made constraints, such as steep slopes, wetlands, floodplains, flood hazard areas, drainage or other natural conditions or lack of sewer capacity, utility service, vehicular access or other manmade conditions. Where such conditions occur, the affected land shall be incorporated into the adjoining lots or contiguous open space. Where there are unanswered questions as to the suitability of a lot for its intended use due to any of the above referenced factors or similar circumstances, the Board may, after adequate investigation, withhold approval of such a lot.
3. 
Lot Orientation. Side lot lines shall be at right angles to straight street lines and radial to curved street lines, wherever practical. Flag, through, and reverse frontage lots are discouraged.
4. 
Frontage. Each lot must front upon an improved street or a street to be improved by the applicant and the frontage shall not be less than required by Schedule B, Bulk Regulations.[1]
[1]
Editor's Note: Schedule B, Bulk Regulations, can be found as an attachment to this chapter.
5. 
Setbacks. Where land has been dedicated for a widening or existing street, lots shall begin at such new street line as may have been established, and all setbacks shall be measured from such line.
6. 
Existing Vegetation. To the greatest extent possible, significant existing vegetation in good health and condition shall be preserved. Subdivision designs should preserve existing stands of trees, as well as and tall shrubs and hedgerows along or near lot lines. Subdivisions shall be subject to the regulations set forth in Section 181-523 on Tree Preservation.
[Ordinance No. 1421-07 adopted 10-16-2007]
7. 
Conformance. Where a lot is formed from part of a lot already occupied by a building, any subdivision shall be executed in such a manner so as to not create or exacerbate any violation of the requirements of this Ordinance with respect to the existing building and all yard, setback, coverage, buffers and open space in connection therewith. All resulting lots shall have dimensions consistent with the requirements of the zoning district in which they are located.

§ 181-523 TREE REMOVAL AND TREE CUTTING.

[Amended 4-23-2024 by Ord. No. 1744-24]
A. 
Purpose. Indiscriminate, uncontrolled, and excessive destruction, as well as the removal and cutting of trees on lots and tracts of land within the Township, may cause:
Increased drainage control cost;
Increased soil erosion and sedimentation;
Decreased fertility of the soil;
Degradation of water resources;
Decreased groundwater-recharge;
Increased buildup of atmospheric carbon;
The establishment of a heat island effect;
Increased dust and pollution;
The singular or cumulative effect of any of the foregoing could adversely impact the character of the Township, decrease property values, render the land unfit and unsuitable for its most appropriate use and negatively affect the health, safety and general welfare of the inhabitants of the Township. The Township desires to regulate and control indiscriminate and excessive cutting of trees within the Township. The Township strives to preserve the maximum possible number of trees in the course of development of a site as well as protect larger, older specimens of trees. Additionally, the Township seeks to encourage innovative design and grading, promote the preservation of existing trees and provide a plan for the replacement of trees. It is recognized that there is a strong relationship between the integrity of the Township's water resources, development on steep slopes, tree removal, soil disturbance, stormwater management and the general use of land resources. Therefore, the Township finds that the appropriate management of these resources is an important health, safety and general welfare concern.
B. 
Establishment of Conservation Officer. There shall be appointed and designated, an official whose formal title shall be that of Conservation Officer of the Township of Hazlet. This official shall be charged with the inspection of sites upon which there is an application for site plan approval or for subdivision approval in regard to the provisions of this section, and with inspection and enforcement of the tree removal and protection requirements of this Ordinance.
C. 
Cutting or Removal Restricted. Subject to the exemptions set forth, no person shall cut or remove, or cause to be cut or removed, any tree with a diameter at point of measurement (DPM) of 2 1/2 inches for street trees and four inches for non-street trees or greater upon any lands within the Township, unless the cutting or removal is accomplished in accordance with the provisions of this Ordinance.
D. 
Tree Removal; Permit Required. No person shall remove or destroy or cause to be or allow to be removed or destroyed any tree without first obtaining a tree removal permit. Tree removal permits shall be issued by the Conservation Officer. A permit is required for the removal of all trees of four inch caliper or larger.
Existing single family residential property shall be exempt from the requirements of this Ordinance, provided that said homeowner is removing a street tree with a DBH of less than 2 1/2 inches and any non-street tree with a DBH of less than four inches.
E. 
Permit Application. Applications for a permit shall be made to the Zoning Officer and shall contain the following information:
The name and address of the applicant.
The name and address of the owner of the property from which the tree(s) are to be removed.
Location on the property of the tree(s) to be removed, indicated on a plan as follows:
The plan shall indicate all tree(s) to be removed, specifically by an assigned number, and the caliper of each tree.
The plan shall indicate all tree(s) to remain, specifically by an assigned number.
The plan shall indicate a limit of disturbance line (i.e., where the four-foot high standard wood snow fence will be erected if required by the Conservation Officer).
For any clearing greater than three acres, a representative 5% of the wooded areas proposed to be cleared shall be inventoried. The representative 5% shall be determined by agreement between the Conservation Officer and the applicant. Where less than three acres is proposed to be cleared, all trees to be removed shall be inventoried.
All trees greater than 20 inches in caliper or any specimen trees (i.e. any unique or remarkable tree or species) to be removed shall be indicated on the plan. All reasonable efforts shall be made to preserve such trees, including but not limited to, if feasible, relocation of infrastructure, roadways, and buildings. Removal of such trees shall require the specific written approval of the Conservation Officer.
Any other information that may reasonably be required to enable the application to be properly evaluated.
F. 
Inspection Required. The Conservation Officer or designee shall inspect the trees that are the subject of the application, the drainage incidental thereto, other physical conditions existing on the property, and the impact upon adjacent properties.
G. 
Zoning Permit Requirements. Where an application is made in connection with the construction of a building or other land use improvement, no zoning permit shall be issued until the tree removal permit has been granted, or an exemption granted.
H. 
Replacement Tree Requirements.
1. 
Existing Residential Property. If the application is on behalf of an existing homeowners association and it is disclosed that the total number of trees to be removed or destroyed on the property or open space area in question, which are the subject of the application, is 10 or less, the permit shall be subject to the Tree Replacement Requirement Table below. Any tree removal occurring where a homeowners association exists must obtain formal approval by the ruling body-of the association prior to obtaining a tree removal permit.
2. 
New Residential Development. If the application is for a new residential development (subdivisions or site plans), up to 50% of the trees may be removed for the sole purpose of clearing for the building envelope, driveways and yard space for said building lots only without replacement trees required.
For new residential development where tree removal is to occur within public or private roadways or right-of-ways, drainage facilities, parking areas or proposed open space, all trees are subject to replacement in accordance with this Ordinance.
I. 
Agricultural Operations. Agricultural operations are exempt from replacement requirements providing the property in question is farmed for a minimum of five years after the date of clearing. An application must be submitted prior to clearing. If the property is developed for any other use before the five years expire, the replacement obligation shall be enforced according to the new use of the property.
J. 
Nonresidential Development. All commercial and industrial developments are required to replace all trees removed in accordance with this Ordinance.
K. 
Sparse Land/Major Subdivisions and Site Plans. In regard to major subdivisions and site plans, lots with tree cover less than 30% shall be required to plant a minimum of 1.5 trees per 10,000 square feet or less of open field. The owner/applicant shall have a qualified professional calculate the total required trees to be distributed in accordance with a landscape plan of the entire project, which shall be approved by the Conservation Officer.
L. 
Tree Escrow Fund Established. Tree Escrow Fund shall be established by the Township to promote environmental enhancement programs such as tree planting, tree preservation, park development, landscaping and/or other related projects on or within municipally owned properties or facilities. A separate trust account shall be established for this purpose under the supervision of the Township Treasurer. Appropriations from the Tree Escrow Fund shall be authorized by the Mayor and Committee and shall be used for a municipal purpose pursuant to the recommendations of the Zoning Officer, the-Conservation Officer, the Township Planner and/or the Shade Tree Commission.
M. 
Replacement Tree Value Calculations.
1. 
The replacement value of all trees to be removed where replacement trees are required by this Ordinance shall be calculated as follows:
Replacement Tree Calculations
Trees to be Removed: Caliper
Replacement Trees
Number
Caliper
Dollar Amount
Greater than 6 inches & up to 12 inches
1
2-2-1/2 inches
$240
Greater than 12 inches & up to 18 inches
2
2-2-1/2 inches
$440
Greater than 18 inches & up to 24 inches
2
3 inches
$840
Greater than 24 inches
4
3 inches
$1,860
2. 
Dead and diseased trees are not counted as trees to be replaced.
3. 
The applicant will receive a one for one replacement tree credit should stands of 10 or more trees greater than four inches in caliper be preserved within tree removal areas.
4. 
All replacement trees shall be planted onsite unless one or more of the following conditions exist: a. The site in question can not physically accommodate the total replacement amount of trees. The applicant shall contribute an amount equal to the calculated monetary value of the removed trees to the Township Tree Escrow Funds, as required herein; b. The Conservation Officer and applicant agree in writing that the applicant shall make payment to the Township Tree Escrow Fund based upon the above chart.
5. 
Trees replaced according to the foregoing calculations shall not be construed to satisfy other street tree and landscaping quantity requirements contained elsewhere in this Ordinance.
N. 
Exemptions.
1. 
Residents who remove less than four trees per acre that fall into the category C or D above and H of the Tree Replacement Requirements, within a five-year period.
2. 
Tree farms in active operation, nurseries, fruit orchards, and garden centers.
3. 
Properties used for the practice of silviculture under forest stewardship or woodland management plan that is active and on file with the Township.
4. 
Any trees removed as part of a municipal or state decommissioning plan. This exemption only includes trees planted as part of the construction and predetermined to be removed in the decommissioning plan.
5. 
Ant tree removed pursuant to a New Jersey Department of Environmental Protection (NJDEP), or Environmental Protection Agency (EPA) approved environmental cleanup, or NJDEP approved habitat enhancement plan.
6. 
Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game, and Wildlife.
7. 
Hazard trees may be removed with no fee or replacement requirement.
O. 
Fees. Upon application for a tree removal permit, the applicant shall be charged the following fees:
1. 
For new resident building lots: $15 per tree, up to a maximum of $300 per lot.
2. 
For all other properties: $15 per tree up to a maximum of $600 for each acre.
P. 
Time Limit. All tree removal permits shall be limited to one year from date of issuance. If the approved tree removal has not occurred within one year, a new permit must be applied for and is subject to the payment of new fees.
Q. 
Criteria for Tree Removal. The Conservation Officer may approve the removal of a tree if any of the following criteria apply:
1. 
The tree is located in a parcel for which preliminary or final subdivision approval has been obtained, and it unreasonably restricts the economic enjoyment of the property and cannot be relocated on the site because of its age, type or size.
2. 
The tree is dead, diseased, injured, in danger of falling, interferes with existing utility service, created an unsafe condition, or conflicts with any other ordinances or regulations.
R. 
Enforcement. The requirements of this Ordinance shall be enforced by the Conservation Officer, who shall inspect or require adequate inspection of all sites upon which there is an application for site plan or subdivision, all applicable tree removal or destruction and soil removal incidental thereto, and for compliance with other pertinent conditions of approval from the Planning Board/Zoning Board. Upon ascertaining a violation of this Ordinance, the Conservation officer shall refer charges in the Municipal Court. In addition to other remedies, the Director of Code Enforcement and Construction, Zoning Officer or other proper municipal official may institute any appropriate legal action to prevent a continuing violation of the terms of this Ordinance.

§ 181-524 UNDERGROUND WIRING.

A. 
New Electric, Telephone, Television and Other Communication Facilities.
1. 
All electric, telephone, television and other communication facilities, both main and service lines servicing new developments, shall be provided by underground wiring within easements and dedicated public rights-of-way, installed in accordance with the prevailing practices of the utility or other companies providing such services.
2. 
Main electric, telephone, television and other communication facility lines servicing new developments shall be located within a utility easement at least 10 feet in width. Said easement shall be located parallel and adjacent to a public or private right-of-way. This shall facilitate the location of street trees within a minimum five-foot wide tree lawn adjacent to the easement.
B. 
Existing Supply Lines and Service Connections. Lots that abut existing easements or public rights-of-way, 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 instance of an application for development, an applicant shall demonstrate to the board of jurisdiction whether it is possible to relocate existing overhead electric or telephone distribution supply lines underground.

§ 181-525.01 Scope and Purpose.

[Amended 6-25-2024 by Ord. No. 1752-24]
A. 
Policy statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved using stormwater management measures, including green infrastructure best management practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.
B. 
Purpose. The purpose of this ordinance is to establish minimum stormwater management requirements and controls for "major development," as defined below in § 181-525.02.
C. 
Applicability.
1. 
This ordinance shall be applicable to the following major developments:
a. 
Non-residential major developments; and
b. 
Aspects of residential major developments that are not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21.
2. 
This ordinance shall also be applicable to all major developments undertaken by the Township of Hazlet.
3. 
An application required by ordinance pursuant to Subsection C1 above that has been submitted prior to June 28, 2024, shall be subject to the stormwater management requirements in effect on June 27, 2024.
4. 
An application required by ordinance for approval pursuant to Subsection C1 above that has been submitted on or after March 2, 2021, but prior to June 28, 2024, shall be subject to the stormwater management requirements in effect on June 27, 2024.
5. 
Notwithstanding any rule to the contrary, a major development for any public roadway or railroad project conducted by a public transportation entity that has determined a preferred alternative or reached an equivalent milestone before July 17, 2023, shall be subject to the stormwater management requirements in effect prior to July 17, 2023.
D. 
Compatibility with other permit and ordinance requirements. Development approvals issued pursuant to this ordinance are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This ordinance is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

§ 181-525.02 Definitions.

[Amended 6-25-2024 by Ord. No. 1752-24]
For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
CAFRA CENTERS, CORES OR NODES
Means those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
CAFRA PLANNING MAP
Means the map used by the Department to identify the location of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes. The CAFRA Planning Map is available on the Department's Geographic Information System (GIS).
COMMUNITY BASIN
Means an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this chapter.
COMPACTION
Means the increase in soil bulk density.
CONTRIBUTORY DRAINAGE AREA
Means the area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.
CORE
Means a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY
Means an agency designated by the County Board of County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
A. 
A county planning agency or a county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT
Means the Department of Environmental Protection.
DESIGN ENGINEER
Means a person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
DESIGNATED CENTER
Means a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
DEVELOPMENT
Means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural land, development means: any activity that requires a state permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
DISTURBANCE
Means the placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.
DRAINAGE AREA
Means a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
EMPOWERMENT NEIGHBORHOODS
Means neighborhoods designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.
ENVIRONMENTALLY CONSTRAINED AREA
Means the following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
ENVIRONMENTALLY CRITICAL AREA
Means an area or feature which is of significant environmental value, including but not limited to: stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
EROSION
Means the detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
GREEN INFRASTRUCTURE
Means a stormwater management measure that manages stormwater close to its source by:
A. 
Treating stormwater runoff through infiltration into subsoil;
B. 
Treating stormwater runoff through filtration by vegetation or soil; or
C. 
Storing stormwater runoff for reuse.
HUC 14 or HYDROLOGIC UNIT CODE 14
Means an area within which water drains to a particular receiving surface water body, also known as "a subwatershed," which is identified by a 14-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
IMPERVIOUS SURFACE
Means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION
Is the process by which water seeps into the soil from precipitation.
LEAD PLANNING AGENCY
Means one or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.
MAJOR DEVELOPMENT
A. 
Means an individual "development," as well as multiple developments that individually or collectively result in:
1. 
The disturbance of one or more acres of land since February 2, 2004;
2. 
The creation of 1/4 acre or more of "regulated impervious surface" since February 2, 2004;
3. 
The creation of 1/4 acre or more of "regulated motor vehicle surface" since the effective date of this ordinance;
4. 
A combination of Subsection A2 and 3 above that totals an area of 1/4 acre or more. The same surface shall not be counted twice when determining if the combination area equals 1/4 acre or more.
B. 
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection A1, 2, 3, or 4 above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."
MOTOR VEHICLE
Means land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low speed vehicles. For the purposes of this definition, motor vehicle does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.
MOTOR VEHICLE SURFACE
Means any pervious or impervious surface that is intended to be used by "motor vehicles" and/or aircraft, and is directly exposed to precipitation including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.
MUNICIPALITY
Means any city, borough, town, township, or village.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL
Means the manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with § 181-525.04F of this ordinance and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
NODE
Means an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NUTRIENT
Means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON
Means any individual, corporation, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.
POLLUTANT
Means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.)), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
PUBLIC ROADWAY or RAILROAD
Means a pathway for use by motor vehicles or trains that is intended for public use and is constructed by, or on behalf of, a public transportation entity. A public roadway or railroad does not include a roadway or railroad constructed as part of a private development, regardless of whether the roadway or railroad is ultimately to be dedicated to and/or maintained by a governmental entity.
PUBLIC TRANSPORTATION ENTITY
Means a federal, state, county, or municipal government, an independent state authority, or a statutorily authorized public-private partnership program pursuant to P.L. 2018, c. 90 (N.J.S.A. 40A:11-52 et seq.), that performs a public roadway or railroad project that includes new construction, expansion, reconstruction, or improvement of a public roadway or railroad.
RECHARGE
Means the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
REGULATED IMPERVIOUS SURFACE
Means any of the following, alone or in combination:
A. 
A net increase of impervious surface;
B. 
The total area of impervious surface collected by a new stormwater conveyance system (for the purpose of this definition, a "new stormwater conveyance system" is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created);
C. 
The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or
D. 
The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.
REGULATED MOTOR VEHICLE SURFACE
Means any of the following, alone or in combination:
A. 
The total area of motor vehicle surface that is currently receiving water;
B. 
A net increase in motor vehicle surface; and/or quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.
SEDIMENT
Means solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
SITE
Means the lot or lots upon which a major development is to occur or has occurred.
SOIL
Means all unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
Means an area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.
STATE PLAN POLICY MAP
Is defined as the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
STORMWATER
Means water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BMP
Means an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Means any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.
STORMWATER MANAGEMENT PLANNING AGENCY
Means a public body authorized by legislation to prepare stormwater management plans.
STORMWATER MANAGEMENT PLANNING AREA
Means the geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.
STORMWATER RUNOFF
Means water flow on the surface of the ground or in storm sewers, resulting from precipitation.
TIDAL FLOOD HAZARD AREA
Means a flood hazard area in which the flood elevation resulting from the two-, 10-, or 100-year storm, as applicable, is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent of the storm surge from a particular storm event, a flood hazard area may be tidal in the 100-year storm, but fluvial in more frequent storm events.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
Means a neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONES
Means a zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.
URBAN REDEVELOPMENT AREA
Is defined as previously developed portions of areas:
A. 
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), designated centers, cores or nodes;
B. 
Designated as CAFRA centers, cores or nodes;
C. 
Designated as Urban Enterprise Zones; and
D. 
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATER CONTROL STRUCTURE
Means a structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, 10-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.
WATERS OF THE STATE
Means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS or WETLAND
Means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."

§ 181-525.03 Design and Performance Standards for Stormwater Management Measures.

[Amended 6-25-2024 by Ord. No. 1752-24]
A. 
Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:
1. 
The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.
2. 
The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.
B. 
The standards in this ordinance apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or Water Quality Management Plan adopted in accordance with Department rules.

§ 181-525.04 Stormwater Management Requirements for Major Development.

[Amended 6-25-2024 by Ord. No. 1752-24]
A. 
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 181-525.10.
B. 
Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
C. 
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 181-525.04P, Q and R:
1. 
The construction of an underground utility line provided that the disturbed areas are revegetated upon completion;
2. 
The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable; and
3. 
The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.
D. 
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 181-525.04O, P, Q and R may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
1. 
The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;
2. 
The applicant demonstrates through an alternative's analysis, that through the use of stormwater management measures, the option selected complies with the requirements of § 181-525.04O, P, Q and R to the maximum extent practicable;
3. 
The applicant demonstrates that, in order to meet the requirements of § 181-525.04O, P, Q and R, existing structures currently in use, such as homes and buildings, would need to be condemned; and
4. 
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under § 181-525.04D3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 181-525.04O, P, Q and R that were not achievable onsite.
E. 
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 181-525.04O, P, Q and R. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2 (f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://dep.nj.gov/stormwater/bmp-manual/.
F. 
Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this ordinance the BMP tables in the Stormwater Management Rule at N.J.A.C. 7:8-5.2(f) shall take precedence.
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
Best Management Practice
Stormwater Runoff Quality TSS Removal Rate
(percent)
Stormwater Runoff Quantity
Groundwater Recharge
Minimum Separation from Seasonal High Water Table
(feet)
Cistern
0%
Yes
No
Dry well(a)
0%
No
Yes
2
Grass swale
50% or less
No
No
2(e)
1(f)
Green roof
0%
Yes
No
Manufactured treatment device(a)(g)
50% or 80%
No
No
Dependent upon the device
Pervious paving system(a)
80%
Yes
Yes(b)
No(c)
2(b)
1(c)
Small-scale bioretention basin(a)
80% or 90%
Yes
Yes(b)
No(c)
2(b)
1(c)
Small-scale infiltration basin(a)
80%
Yes
Yes
2
Small-scale sand filter
80%
Yes
Yes
2
Vegetative filter strip
60% to 80%
No
No
(Notes corresponding to annotations (a) through (g) are found after Table 3.)
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best Management Practice
Stormwater Runoff Quality TSS Removal Rate
(percent)
Stormwater Runoff Quantity
Groundwater Recharge
Minimum Separation from Seasonal High Water Table
(feet)
Bioretention system
80% or 90%
Yes
Yes(b)+nNo(c)
2(b)+n1(c)
Infiltration basin
80%
Yes
Yes
2
Sand filter(b)
80%
Yes
Yes
2
Standard constructed wetland
90%
Yes
No
N/A
Wet pond(d)
50% to 90%
Yes
No
N/A
(Notes corresponding to annotations (b) through (d) are found after Table 3.)
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Best Management Practice
Stormwater Runoff Quality TSS Removal Rate
(percent)
Stormwater Runoff Quantity
Groundwater Recharge
Minimum Separation from Seasonal High Water Table
(feet)
Blue roof
0%
Yes
No
N/A
Extended detention basin
40% to 60%
Yes
No
1
Manufactured treatment device(h)
50% or 80%
No
No
Dependent upon the device
Sand filter(c)
80%
Yes
No
1
Subsurface gravel wetland
90%
No
No
1
Wet pond
50% to 90%
Yes
No
N/A
Notes to Tables 1, 2, and 3:
(a)
Subject to the applicable contributory drainage area limitation specified at § 181-525.04O2;
(b)
Designed to infiltrate into the subsoil;
(c)
Designed with underdrains;
(d)
Designed to maintain at least a 10-foot wide area of native vegetation along at least 50% of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation;
(e)
Designed with a slope of less than 2%;
(f)
Designed with a slope of equal to or greater than 2%;
(g)
Manufactured treatment devices that meet the definition of "green infrastructure" at § 181-525.02;
(h)
Manufactured treatment devices that do not meet the definition of "green infrastructure" at § 181-525.02.
G. 
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with § 181-525.06B. Alternative stormwater management measures may be used to satisfy the requirements at § 181-525.04O only if the measures meet the definition of "green infrastructure" at § 181-525.02. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 181-525.04O2 are subject to the contributory drainage area limitation specified at § 181-525.04O2 for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at § 181-525.04O2 shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 181-525.04D is granted from § 181-525.04O.
H. 
Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact on the groundwater table and design the site, so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.
I. 
Design standards for stormwater management measures are as follows:
1. 
Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);
2. 
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 181-525.08C;
3. 
Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5 shall be deemed to meet this requirement;
4. 
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 181-525.08; and
5. 
The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of 2 1/2 inches in diameter.
J. 
Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at § 181-525.02 may be used only under the circumstances described at § 181-525.04O4.
K. 
Any application for a new agricultural development that meets the definition of "major development" at § 181-525.02 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 181-525.04O, P, Q and R and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
L. 
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 181-525.04P, Q and R shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
M. 
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Monmouth County Clerk's office. A form of deed notice shall be submitted to the to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 181-525.04O, P, Q and R and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 181-525.10B5. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
N. 
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to § 181-525.04 of this ordinance and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Monmouth County Clerk's office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection M above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection M above.
O. 
Green infrastructure standards.
1. 
This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.
2. 
To satisfy the groundwater recharge and stormwater runoff quality standards at § 181-525.04P and Q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 181-525.04F and/or an alternative stormwater management measure approved in accordance with § 181-525.04G. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
Best Management Practice
Maximum Contributory Drainage Area
(acres)
Dry well
1
Manufactured treatment device
2.5
Pervious pavement systems
Area of additional inflow cannot exceed 3 times the area occupied by the BMP
Small-scale bioretention systems
2.5
Small-scale infiltration basin
2.5
Small-scale sand filter
2.5
3. 
To satisfy the stormwater runoff quantity standards at § 181-525.04R, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with § 181-525.04G.
4. 
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 181-525.04D is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with § 181-525.04G may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 181-525.04P, Q and R.
5. 
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at § 181-525.04P, Q and R, unless the project is granted a waiver from strict compliance in accordance with § 181-525.04D.
P. 
Groundwater recharge standards.
1. 
This subsection contains the minimum design and performance standards for groundwater recharge as follows.
2. 
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 181-525.05, either:
a. 
Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual pre-construction groundwater recharge volume for the site; or
b. 
Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the projected two-year storm, as defined and determined pursuant to § 181-525.05 of this ordinance, is infiltrated.
3. 
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection P4 below.
4. 
The following types of stormwater shall not be recharged:
a. 
Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with Department approved remedial action work plan approved pursuant to the Administrative Requirements for the Remediation of Contaminated Sites Rules, N.J.A.C. 7:26C, or Department landfill closure plan and areas; and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and
b. 
Industrial stormwater exposed to "source material." "Source material" means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.
Q. 
Stormwater runoff quality standards.
1. 
This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of 1/4 acre or more of regulated motor vehicle surface.
2. 
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:
a. 
80% TSS removal of the anticipated load expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.
b. 
If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.
3. 
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection Q2 above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
4. 
The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall consider the distribution of rain from the water quality design storm, as reflected in Table 4, below. The calculation of the volume of runoff may consider the implementation of stormwater management measures.
Table 4 - Water Quality Design Storm Distribution
Time
(Minutes)
Cumulative Rainfall
(Inches)
Time
(Minutes)
Cumulative Rainfall
(Inches)
Time
(Minutes)
Cumulative Rainfall
(Inches)
1
0.00166
41
0.1728
81
1.0906
2
0.00332
42
0.1796
82
1.0972
3
0.00498
43
0.1864
83
1.1038
4
0.00664
44
0.1932
84
1.1104
5
0.00830
45
0.2000
85
1.1170
6
0.00996
46
0.2117
86
1.1236
7
0.01162
47
0.2233
87
1.1302
8
0.01328
48
0.2350
88
1.1368
9
0.01494
49
0.2466
89
1.1434
10
0.01660
50
0.2583
90
1.1500
11
0.01828
51
0.2783
91
1.1550
12
0.01996
52
0.2983
92
1.1600
13
0.02164
53
0.3183
93
1.1650
14
0.02332
54
0.3383
94
1.1700
15
0.02500
55
0.3583
95
1.1750
16
0.03000
56
0.4116
96
1.1800
17
0.03500
57
0.4650
97
1.1850
18
0.04000
58
0.5183
98
1.1900
19
0.04500
59
0.5717
99
1.1950
20
0.05000
60
0.6250
100
1.2000
21
0.05500
61
0.6783
101
1.2050
22
0.06000
62
0.7317
102
1.2100
23
0.06500
63
0.7850
103
1.2150
24
0.07000
64
0.8384
104
1.2200
25
0.07500
65
0.8917
105
1.2250
26
0.08000
66
0.9117
106
1.2267
27
0.08500
67
0.9317
107
1.2284
28
0.09000
68
0.9517
108
1.2300
29
0.09500
69
0.9717
109
1.2317
30
0.10000
70
0.9917
110
1.2334
31
0.10660
71
1.0034
111
1.2351
32
0.11320
72
1.0150
112
1.2367
33
0.11980
73
1.0267
113
1.2384
34
0.12640
74
1.0383
114
1.2400
35
0.13300
75
1.0500
115
1.2417
36
0.13960
76
1.0568
116
1.2434
37
0.14620
77
1.0636
117
1.2450
38
0.15280
78
1.0704
118
1.2467
39
0.15940
79
1.0772
119
1.2483
40
0.16600
80
1.0840
120
1.2500
5. 
If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:
R = A + B - (A x B)/100
Where:
R = total TSS percent load removal from application of both BMPs.
A = the TSS percent removal rate applicable to the first BMP.
B = the TSS percent removal rate applicable to the second BMP.
6. 
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in § 181-525.04P, Q and R.
7. 
In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.
8. 
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.
9. 
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.
10. 
The stormwater runoff quality standards do not apply to the construction of one individual single-family dwelling, provided that it is not part of a larger development or subdivision that has received preliminary or final site plan approval prior to December 3, 2018, and that the motor vehicle surfaces are made of permeable material(s) such as gravel, dirt, and/or shells.
R. 
Stormwater runoff quantity standards.
1. 
This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.
2. 
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 181-525.05, complete one of the following:
a. 
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the current and projected two-, 10-, and 100-year storm events, as defined and determined in § 181-525.05 (C, and D), respectively, of this ordinance, do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events;
b. 
Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for the current and projected two-, 10- and 100-year storm events, as defined and determined pursuant to § 181-525.05 (C and D), respectively, of this ordinance, and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;
c. 
Design stormwater management measures so that the post-construction peak runoff rates for the current and projected two-, 10- and 100-year storm events, as defined and determined in § 181-525.05 (C and D), respectively, of this ordinance, are 50%, 75% and 80% respectively, of the pre-construction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or
d. 
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection R2a, b and c above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
3. 
The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.

§ 181-525.05 Calculation of Stormwater Runoff and Groundwater Recharge.

[Amended 6-25-2024 by Ord. No. 1752-24]
A. 
Stormwater runoff shall be calculated in accordance with the following:
1. 
The design engineer shall calculate runoff using the following methods:
a. 
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://directives.sc.egov.usda.gov/viewerFS.aspx?hid=21422 or at United States Department of Agriculture Natural Resources Conservation Service, New Jersey State Office;
2. 
For the purpose of calculating curve numbers and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term curve numbers applies to the NRCS methodology above at § 181-525.05A1a. A curve number or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
3. 
In computing pre-construction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce preconstruction stormwater runoff rates and volumes.
4. 
In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 — Urban Hydrology for Small Watersheds or other methods may be employed.
5. 
If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall consider the effects of tailwater in the design of structural stormwater management measures.
B. 
Groundwater recharge may be calculated in accordance with the following: The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
C. 
The precipitation depths of the current two-, 10-, and 100-year storm events shall be determined by multiplying the values determined in accordance with Subsection C1 and 2 below:
1. 
The applicant shall utilize the National Oceanographic and Atmospheric Administration (NOAA), National Weather Service's Atlas 14 Point Precipitation Frequency Estimates: NJ, in accordance with the location(s) of the drainage area(s) of the site. This data is available at: https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj; and
2. 
The applicant shall utilize Table 5: Current Precipitation Adjustment Factors below, which sets forth the applicable multiplier for the drainage area(s) of the site, in accordance with the county or counties where the drainage area(s) of the site is located. Where the major development lies in more than one county, the precipitation values shall be adjusted according to the percentage of the drainage area in each county. Alternately, separate rainfall totals can be developed for each county using the values in the table below.
Table 5: Current Precipitation Adjustment Factors
County
Current Precipitation Adjustment Factors
2-year
Design Storm
10-year
Design Storm
100-year
Design Storm
Monmouth
1.00
1.01
1.02
a. 
Table 6: Future Precipitation Change Factors provided below sets forth the change factors to be used in determining the projected two-, 10-, and 100-year storm events for use in this chapter, which are organized alphabetically by county. The precipitation depth of the projected two-, 10-, and 100-year storm events of a site shall be determined by multiplying the precipitation depth of the two-, 10-, and 100-year storm events determined from the National Weather Service's Atlas 14 Point Precipitation Frequency Estimates pursuant to Subsection C1 above, by the change factor in the table below, in accordance with the county or counties where the drainage area(s) of the site is located. Where the major development and/or its drainage area lies in more than one county, the precipitation values shall be adjusted according to the percentage of the drainage area in each county. Alternately, separate rainfall totals can be developed for each county using the values in the table below.
Table 6: Future Precipitation Change Factors
County
Future Precipitation Change Factors
2-year
Design Storm
10-year
Design Storm
10-year
Design Storm
Monmouth
1.19
1.19
1.26

§ 181-525.06 Sources for Technical Guidance.

[Amended 6-25-2024 by Ord. No. 1752-24]
A. 
Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department's website at: https://dep.nj.gov/stormwater/bmp-manual/.
1. 
Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3.
2. 
Additional maintenance guidance is available on the Department's website at: https://dep.nj.gov/stormwater/maintenance-guideance/.
B. 
Submissions required for review by the Department should be mailed to:
The Division of Watershed Protection and Restoration, New Jersey Department of Environmental Protection, Mail Code 501-02A, PO Box 420, Trenton, New Jersey 08625-0420.

§ 181-525.07 Solids and Floatable Materials Control Standards.

[Amended 6-25-2024 by Ord. No. 1752-24]
A. 
Site design features identified under § 181-525.04F above, or alternative designs in accordance with § 181-525.04G above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 181-525.07A2 below.
1. 
Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
a. 
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or
b. 
A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches or is no greater than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.
c. 
For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.
2. 
The standard in § 181-525.07A1 above does not apply:
a. 
Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than 9.0 square inches;
b. 
Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;
c. 
Where flows from the water quality design storm as specified in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
(i) 
A rectangular space 4.625 inches long and 1.5 inches wide (this option does not apply for outfall netting facilities); or
(ii) 
A bar screen having a bar spacing of 0.5 inches.
Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2 and 5:21-7.4(b)1).
d. 
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the Water Quality Design Storm as specified in N.J.A.C. 7:8; or
e. 
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

§ 181-525.08 Safety Standards for Stormwater Management Basins.

[Amended 6-25-2024 by Ord. No. 1752-24]
A. 
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.
B. 
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in § 181-525.07C1, 2, and 3 for trash racks, overflow grates, and escape provisions at outlet structures.
C. 
Requirements for trash racks, overflow grates and escape provisions.
1. 
A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the Stormwater management BMP to ensure proper functioning of the BMP outlets in accordance with the following:
a. 
The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;
b. 
The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;
c. 
The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack; and
d. 
The trash rack shall be constructed of rigid, durable, and corrosion resistant material and designed to withstand a perpendicular live loading of 300 pounds per square foot.
2. 
An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:
a. 
The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.
b. 
The overflow grate spacing shall be no greater than two inches across the smallest dimension.
c. 
The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.
3. 
Stormwater management BMPs shall include escape provisions as follows:
a. 
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to § 181-525.08C, a free-standing outlet structure may be exempted from this requirement;
b. 
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See § 181-525.08E for an illustration of safety ledges in a stormwater management BMP; and
c. 
In new stormwater management BMPs, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.
D. 
Variance or exemption from safety standard. A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.
E. 
Safety ledge illustration.
Elevation View —Basin Safety Ledge Configuration
181 Safety ledge illustration..tif

§ 181-525.09 Requirements for a Site Development Stormwater Plan.

[Amended 6-25-2024 by Ord. No. 1752-24]
A. 
Submission of site development stormwater plan.
1. 
Whenever an applicant seeks municipal approval of a development subject to this ordinance, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at § 181-525.09C below as part of the submission of the application for approval.
2. 
The applicant shall demonstrate that the project meets the standards set forth in this ordinance.
3. 
The applicant shall submit six copies of the materials listed in the Checklist for Site Development Stormwater Plans in accordance with § 181-525.09C of this ordinance.
B. 
Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this ordinance.
C. 
Submission of site development stormwater plan. The following information shall be required:
1. 
Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of 1"=200' or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown.
2. 
Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.
3. 
Project description and site plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.
4. 
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of §§ 181-525.03 through 181-525.05 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
5. 
Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
a. 
Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.
b. 
Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.
6. 
Calculations.
a. 
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in § 181-525.04 of this ordinance.
b. 
When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high-water table, then a soils report shall be submitted. The soils report shall be based on onsite boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.
7. 
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 181-525.10.
8. 
Waiver from submission requirements. The municipal official or board reviewing an application under this ordinance may, in consultation with the municipality's review engineer, waive submission of any of the requirements in § 181-525.09C1 through 6 of this ordinance when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

§ 181-525.10 Maintenance and Repair.

[Amended 6-25-2024 by Ord. No. 1752-24]
A. 
Applicability. Projects subject to review as in § 181-525.01C of this ordinance shall comply with the requirements of § 181-525.10B and C.
B. 
General maintenance.
1. 
The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.
2. 
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
3. 
If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.
4. 
Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.
5. 
If the party responsible for maintenance identified under § 181-525.10B3 above is not a public agency, the maintenance plan and any future revisions based on § 181-525.10B7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
6. 
Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.) of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of non-vegetated linings.
7. 
The party responsible for maintenance identified under § 181-525.10B3 above shall perform all of the following requirements:
a. 
Maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders;
b. 
Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and
c. 
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by § 181-525.10B6 and 7 above.
8. 
The requirements of § 181-525.10B3 and 4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department. https://dep.nj.gov/stormwater/maintenance-guideance/
9. 
In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the Municipal Engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or county may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.
C. 
Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

§ 181-525.11 Refuse Containers/Dumpsters.

[Ord. No. 1480-10 §§ 1-6]
A. 
Purpose. The purpose of this Ordinance is to require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Township of Hazlet and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
B. 
Definitions. For the purpose of this Ordinance, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by Hazlet Township or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
REFUSE CONTAINER
Any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
C. 
Prohibited Conduct. Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Township of Hazlet.
D. 
Exceptions to Prohibition.
Permitted temporary demolition containers.
Litter receptacles (other than dumpsters or other bulk containers).
Individual homeowner trash and recycling containers.
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
E. 
Enforcement. This Ordinance shall be enforced by the Code Enforcement Officer of the Township of Hazlet.
F. 
Penalties. Any person(s) who is found to be in violation of the provisions of this Ordinance shall be subject to a fine not to exceed $1,250.

§ 181-525.12 Private Storm Drain Inlet Retrofitting.

[Ord. No. 1481-10 § 1-6]
A. 
Purpose. The purpose of this Ordinance is to require the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Township of Hazlet so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
B. 
Definitions. For the purpose of this Ordinance, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by Hazlet Township or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORM DRAIN INLET
An opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
C. 
Prohibited Conduct. No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
Already meets the design standard below to control passage of solid and floatable materials; or
Is retrofitted or replaced to meet the standard in paragraph D below prior to the completion of the project.
D. 
Design Standard. Storm drain inlets identified in paragraph C above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see paragraph D,3 below.
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
A different grate, is each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension. This standard does not apply:
Where the Municipal Engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
A bar screen having a bar spacing 0.5 inches. Where flows are conveyed through a trash rack that has parallel bars with one inch spacing between bars; or
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
E. 
Enforcement. This Ordinance shall be enforced by the Code Enforcement Officer of the Township of Hazlet.
F. 
Penalties. Any person(s) who is found to be in violation of the provisions of this Ordinance shall be subject to a fine not to exceed $1,250 for each storm drain inlet that is not retrofitted to meet the design standard.

§ 181-525.13 Violations and Penalties.

[Amended Ord. No. 1481-10; 6-25-2024 by Ord. No. 1752-24]
Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure, or land in violation of this ordinance shall be subject to the following penalties:
A. 
Any person who violates any provision of this section shall, upon conviction thereof in Municipal Court, be punishable by imposition of a fine not less than $500 no more than $1,000.
B. 
Each instance of engaging in a separate regulated activity, in violation of this chapter shall be deemed a separate offense.
C. 
In addition, the Borough may institute civil action for injunctive or other relief to enforce the provisions of this section.

§ 181-525.14 Storage of Sale and Other Solid De-Icing Material.

[Added 4-9-2024 by Ord. No. 1742-24]
A. 
Purpose. The purpose of this ordinance is to prevent stored salt and other solid de-icing materials from being exposed to stormwater. This ordinance establishes requirements for the storage of salt and other solid de-icing materials on properties not owned or operated by the municipality (privately-owned), including residences, in the Township of Hazlet to protect the environment, public health, safety and welfare, and to prescribe penalties for failure to comply.
B. 
Definitions. For the purpose of this ordinance, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When consistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
DE-ICING MATERIALS
Means any granular or solid material such as melting salt or any other granular solid that assists in the melting of snow.
IMPERVIOUS SURFACE
Means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
PERMANENT STRUCTURE
Means a permanent building or permanent structure that is anchored to a permanent foundation with an impermeable floor, and that is completely roofed and walled (new structures require a door or other means of sealing the access way from wind driven rainfall). A fabric frame structure is a permanent structure if it meets the following specifications:
1. 
Concrete blocks, jersey barriers or other similar material shall be placed around the interior of the structure to protect the side walls during loading and unloading of de-icing materials;
2. 
The design shall prevent stormwater run-on and run through, and the fabric cannot leak;
3. 
The structure shall be erected on an impermeable slab;
4. 
The structure cannot be open sided; and
5. 
The structure shall have a roll up door or other means of sealing the access way from wind driven rainfall.
PERSON
Means any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
RESIDENT
Means a person who resides on a residential property where de-icing material is stored.
STORM DRAIN INLET
Means the point of entry into the storm sewer system.
C. 
De-icing material storage requirements:
1. 
Temporary outdoor storage of de-icing materials in accordance with the requirements below is allowed between October 15 and April 15:
a. 
Loose materials shall be placed on a flat, impervious surface in a manner that prevents stormwater run-through;
b. 
Loose materials shall be placed at least 50 feet from surface water bodies, storm drain inlets, ditches and/or other stormwater conveyance channels;
c. 
Loose materials shall be maintained in a cone-shaped storage pile. If loading or unloading activities alter the cone-shape during daily activities, tracked materials shall be swept back into the storage pile, and the storage pile shall be reshaped into a cone after use;
d. 
Loose materials shall be covered as follows:
(i) 
The cover shall be waterproof, impermeable, and flexible;
(ii) 
The cover shall extend to the base of the pile(s);
(iii) 
The cover shall be free from holes or tears;
(iv) 
The cover shall be secured and weighed down around the perimeter to prevent removal by wind; and
(v) 
Weight shall be placed on the cover(s) in such a way that minimizes the potential of exposure as materials shift and runoff flows down to the base of the pile.
(vi) 
Sandbags lashed together with rope or cable and placed uniformly over the flexible cover, or poly-cord nets provide a suitable method. Items that can potentially hold water (e.g., old tires) shall not be used;
(vii) 
Containers must be sealed when not in use; and
(viii) 
The site shall be free of all de-icing materials between April 16 and October 14.
2. 
De-icing materials should be stored in a permanent structure if a suitable storage structure is available. For storage of loose de-icing materials in a permanent structure, such storage may be permanent, and thus not restricted to October 15 to April 15.
3. 
All temporary and/or permanent structures must also comply with all local ordinances, including building and zoning regulations.
4. 
The property owner, or owner of the de-icing materials if different, shall designate a person(s) responsible for operations at the site where these materials are stored outdoors, and who shall document that weekly inspections are conducted to ensure that the conditions of this ordinance are met. Inspection records shall be kept on site and made available to the municipality upon request.
a. 
Residents who operate businesses from their homes that utilize de-icing materials are required to perform weekly inspections.
D. 
Exemptions.
1. 
Residents may store de-icing materials outside in a solid-walled, closed container that prevents precipitation from entering and exiting the container, and which prevents the de-icing materials from leaking or spilling out. Under these circumstances, weekly inspections are not necessary, but repair or replacement of damaged or inadequate containers shall occur within two weeks.
2. 
If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in Subsection C above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
3. 
This ordinance does not apply to facilities where the stormwater discharges from de-icing material storage activities are regulated under another NJPDES permit.
E. 
Enforcement. This ordinance shall be enforced by the Hazlet Township Code Enforcement Official during the course of ordinary enforcement duties.
F. 
Violations and penalties. Any person(s) who is found to be in violation of the provisions of this ordinance shall have 72 hours to complete corrective action. Repeat violations and/or failure to complete corrective action shall result in fines as follows:
1. 
Any person who violates any provision of this section shall, upon conviction thereof in Municipal Court, be punishable by imposition of a fine not less than $100 nor more than $2,000.
2. 
Each instance of engaging in a separate regulated activity, in violation of this chapter shall be deemed a separate offense.
3. 
In addition, the Township may institute civil action for injunctive or other relief to enforce the provisions of this section.

§ 181-526 SOIL AND GROUNDWATER TESTING IN ACCORDANCE WITH THIS SECTION.

A. 
Major Subdivisions. In the case of Major Subdivision, there shall be provided, in conjunction with preliminary review and approval, a report on prevailing soil and groundwater conditions. The report shall be generated by a professional engineer who shall be retained for this purpose by the applicant. The report shall conform to the following minimum requirements:
1. 
The report shall be comprehensive and shall encompass, in suitable format, all the information required herein.
2. 
Test borings or test pits shall be required for the purposes of soil classification and a soil log shall be prepared for each one.
3. 
Observation wells shall be required for water table depth determination.
4. 
Information from soil maps, such as maps entitled "Classes of Land According to Use Capability," by the United States Department of Agriculture, Soil Conservation Services may be incorporated in the engineer's report but shall be deemed supplementary and shall not by itself, constitute sufficient information or a substitute for test pits or borings.
5. 
The number of required borings, or test pits and observation wells shall be determined as follows:
Tract Size
(acres)
# of Test Borings
# of Observation Wells
Less than 3
3
2
3 to 20
6
4
Over 20
1 per each 3 acres or part thereof
1 per each 5 acres or part thereof
6. 
All borings and observation pits shall be at locations and times of the year as approved by the Planning Board.
7. 
Borings or test pits shall be at least 12 feet deep, with the last sample taken at the twelve-foot depth. An appropriate sampling technique, approved by the Planning Board, shall be used. Wash samples shall not be allowed, and suitable sampling techniques shall be required (such as split spoon) to yield a proper disturbed or undisturbed sample. Samples shall constitute at least 50% of the total running depth of the boring or pit. Separate samples shall be taken if the soil characteristics change. Samples shall be properly marked and stored by the applicant's engineer, for possible future inspection for a period of at least three years.
8. 
Either test borings or test pits may be used; however, minimum sampling criteria, as specified herein, shall remain in effect in either case.
9. 
Water table in observation wells shall be observed at least four separate times in each well: Each observation shall note the then-depth water table below existing ground elevation. These four reported observations shall be made at least four weeks apart between observations, thus spanning a total period of at least 12 weeks but not more than 36 weeks. Observation wells to be performed during the period of spring thaw, March thru May to best demonstrate high water table.
10. 
Observation wells shall be constructed in accordance with acceptable standards, with a suitable filter. Perforated pipe (at least two inches inner diameter) and a cap. Cap shall be lockable to discourage vandalism. Observation wells shall be approved, by the Planning Board as to their typical configuration and times of observation.
11. 
Observation wells must be perforated, hollow and capable of providing water-table level readings to a minimum depth of 11 1/2 feet below ground level.
12. 
In the case of subdivisions in which seepage pits or similar water- retention installations are proposed, the applicant shall furnish, in addition to the requirements of this subsection, off-tract soil and groundwater profiles, using additional off tract borings, or test pits and observation wells, all as approved by the Planning Board.
13. 
Nothing in this section shall act to reduce the requirements associated with on-site sewage disposal systems; similarly, providing the required test, (e.g. percolation tests) required for on-site sewage disposal shall not act to reduce the requirements of this subsection.
14. 
Groundwater table impact assessments on off-tract properties shall be required by the Planning Board.
15. 
Stormwater Detention Systems; The Detention Basin Floor shall lie a minimum of two feet above the seasonal high groundwater table.
B. 
Site Plans. In the case of Site Plans, there shall be provided, in conjunction with preliminary review and approval, a report on prevailing soil and groundwater conditions. The report shall be retained for this purpose by the Applicant. The report shall conform to the following minimum requirements:
1. 
The report shall be comprehensive and shall encompass, in suitable format, all the information required herein.
2. 
Test borings or test pits shall be required for the purpose of soil classification, and a soil log shall be prepared for each one.
3. 
Observation wells shall be required for water table depth determination.
4. 
Information from soil maps, such as maps entitled "Classes of Land According to Use Capability", by the United States Department of Agriculture, Soil Conservation Services, may be incorporated in the engineer's report shall be deemed supplementary and shall not, by itself, constitute sufficient information or a substitute for test pits or borings.
5. 
The number of required borings or test pits, and observation wells shall be determined as follows:
Tract Size
(acres)
# of Test Borings
# of Observation Wells
Less than 3
3
2
3 to 20
6
4
Over 20
1 per each 3 acres or part thereof
1 per each 5 acres or part thereof
6. 
All borings and observation pits shall be at locations as approved by the Planning Board.
7. 
Borings or test pits shall be at least 12 feet deep, with the last sample taken at the twelve-foot depth. An appropriate sampling technique, approved by the Planning Board, shall be used. Wash samples shall not be allowed, and suitable sampling techniques shall be required (such as split spoon) to yield a proper disturbed or undisturbed sample. Samples shall constitute at least 50% of the total running depth of the boring or pit. Separate samples shall be taken if the soil characteristics change. Samples shall be properly marked and stored by the applicant's engineer, for the purpose of future inspection for a period of at least three years.
8. 
Either test borings or test pits may be used; however, minimum sampling criteria, as specified herein, shall remain in effect in either case.
9. 
Water table in observation wells shall be observed at least four separate times in each well: Each observation shall note the then-depth water table below existing ground elevation. These four reported observations shall be made at least four weeks apart between observations, during the months of March thru May or as approved by the Planning Board thus spanning a total period of at least 12 weeks but not more than 36 weeks.
10. 
Observation wells shall be constructed in accordance with acceptable standards, with a suitable filter. Perforated pipe (at least two inches inner diameter) and a cap. Cap shall be lockable to discourage vandalism. Observation wells shall be approved by the Planning Board as to their typical configuration.
11. 
Observation wells must be perforated, hollow and capable of providing water-table level readings to a minimum depth of 11 1/2 feet below ground level.
12. 
In the case of subdivisions in which seepage pits or similar water- retention installations are proposed, the applicant shall furnish, in addition to the requirements of this section, off-tract soil and groundwater profiles, using additional off tract borings, or test pits and observation wells, all as approved by the Planning Board.
13. 
Nothing in this section shall act to reduce the requirements associated with on-site sewage disposal systems; similarly, providing the required test, (e.g. percolation tests) required for on-site sewage disposal shall not act to reduce the requirements of this subsection.
14. 
Groundwater table impact assessments on off-tract properties shall be required by the Planning Board.
C. 
Stream Setback Requirements. No use other than agricultural use of land, otherwise permitted by this Ordinance, shall be established upon land or fill having an elevation lower than the highest elevation of any known flood plain or minimum floor elevations established for this flood plain by municipal or State agencies which affects the property; and no building shall be constructed so as to have any floor level less than one foot above the highest elevation of an adjacent known flood plain. NO ACTIVITY SHALL BE PERMITTED WITHIN 100 FEET OF THE TOP OF THE BANK OF A STREAM OR OTHER BODY OF WATER except that individual homeowners, limited to homes constructed prior to the adoption of this Ordinance, shall be permitted to construct accessory structures such as pool, deck, patio and shed within the 100 feet and in conformance with all other zoning bulk requirements. NO ACTIVITY SHALL BE PERMITTED WITHIN DRAINAGE OR CONSERVATION EASEMENTS. No building shall be constructed within the 100-year floodplain of any stream of water course, or on land subject to periodic overflow, or on land which has a water table within 1 1/2 feet from the finished grade of slab from the bottom of utilities (located under the slab), whichever is lowest.
[Ord. No. 9-16-08]