Lakewood Township City Zoning Code
ARTICLE VIII
DESIGN STANDARDS
18-800 General.
No plan shall be approved by the Board unless the use meets the performance standards herein set forth and such State or Federal standards as may be more stringent than those set forth herein. Failure to comply with the performance standards at any time after the issuance of a certificate of occupancy shall be cause for revocation of such certificate. In reviewing any plan, the Board shall consider those elements as specifically noted in §§ 18-801 to 18-817.
18-801 Easements.
A.
Easements must be provided by the applicant when required by the Township, utility company or applicable agencies.
18-802 Height Exceptions.
A.
The height limitations of this chapter shall not apply to spires, belfries, or cupolas not used for human occupancy; bridges, residential chimneys, ventilators, skylights, water tanks, bulkheads, similar features and necessary mechanical appurtenances, usually carried above the roof level. Such features shall be erected only to such height as is necessary to accomplish the purpose they are to serve.
B.
Under particular circumstances, all rooftop equipment shall be reasonably screened.
18-803 Landscaping and Buffers.
[Ord. No. 06-30 § 2; Ord. No. 2012-26; Ord. No. 2013-17; Ord. No. 2018-65]
When buffer areas are required as part of a site plan, they shall be in accordance with the following, unless otherwise specified in this chapter:
A.
General design requirements.
1.
Buffer areas shall be developed in an aesthetic manner for the primary purposes of screening views. Buffer widths shall be measured perpendicularly to lot and street lines. No structure, storage of materials or parking of vehicles shall be permitted in a buffer area unless otherwise permitted herein. The standards for the location and design of buffer areas are intended to provide flexibility in order to provide effective buffers. The location and design of buffers shall consider the use of the portion of the property being screened; the distance between the use and the adjoining property line; differences in elevations; the type of buffer such as dense planting, existing woods, a wall or fence; buffer height; buffer width; and other combinations of man-made and natural features.
B.
General standards.
1.
All buffer areas shall consist of either grass or ground cover, together with a screen of live shrubs or scattered planting of live trees, shrubs or other plant material meeting the following requirements:
a.
The preservation of all natural wooded tracts shall be an integral part of all site plans and may be calculated as part of the required buffer area, provided that the growth is of a density and the area has sufficient width to serve the purpose of a buffer. Where additional plantings are necessary to establish an appropriate tone for an effective buffer, said plantings may be required.
b.
Plant materials used in screen planting for parking areas and driveways shall be at least three feet in height when planted and be of such density as will obscure, throughout the full course of the year, the glare of automobile headlights emitted from the premises.
c.
Trees shall be at least six to eight feet in height and two inches in caliper when planted and be of a species common to the area, and listed on the approved plant species list incorporated herein, and be of balled and burlapped nursery stock and be free of insect and disease.
d.
At any time, any plant material which does not live and which diminishes the integrity of the buffer shall be replaced within one (1) year or one growing season, as determined by the Municipal Engineer.
e.
Screen plantings and landscaping shall be broken at points of vehicular and pedestrian ingress and egress to assure a clear sight triangle at all street and driveway intersections.
C.
Landscaping-General.
Landscape plans shall conform to the following general design principles.
1.
Landscaping shall be provided as part of site plan and subdivision design. It shall be conceived in a total pattern throughout the site, integrating the various elements of site design creating a pleasing site character.
2.
Landscaping shall include plant materials such as trees, shrubs, groundcover, perennials, and annuals and other materials such as rocks, water, sculpture, art, walls, fences and building and paving materials.
3.
Use landscaping to accent and complement buildings. For example, groupings of tall trees to break up long, low buildings and lower plantings for taller buildings.
4.
Provide for a variety and mixture of landscaping. The variety shall consider susceptibility to disease, colors, season, textures, shapes, blossoms, and foliage.
5.
Local soil conditions and water availability shall be considered in the choice of landscaping.
6.
Consider the impact of any proposed landscaping plan at various time intervals so that, for example, shrubs do not grow and eventually block sight distances or encroach upon roads or sidewalks.
7.
All landscape plants shall be specimens conforming to the American Association of Nurserymen Standards and/or Landscape Plans and Specifications for Quality and Installation.
8.
Assure that no aspect of the landscape design inhibits access to the development by emergency vehicles.
9.
A landscape plan, when required, shall be submitted with each plan application, unless an exception is granted by the approving authority. The plan shall identify existing and proposed trees as required by ordinance, shrubs, groundcover, natural features and other landscaping elements. The plan should show where they are or will be located and planting and/or construction details. When existing natural growth is proposed to remain, applicant shall include in the plans proposed methods to protect existing trees and growth during and after construction.
10.
Site Protection and General Planting Requirements:
a.
Topsoil Preservation. Topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide at least four inches of even cover to all disturbed areas of the development and shall be stabilized by seeding, sod or planting.
b.
Removal of Debris. All stumps and other tree parts, litter, brush, weeds; excess or scrap building materials, or other debris shall be removed from the site and disposed of in accordance with the law. No tree stumps, portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, as determined by the Municipal Engineer, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips, they may, subject to approval of the Municipal Engineer, be used as mulch in landscaped areas.
c.
Protection of Existing Plantings. An effort should be made to save specimen trees identified. Whenever feasible, material or temporary soil deposits shall not be placed within four feet of shrubs or 10 feet of trees designated to be retained on the preliminary and/or final plat. During construction, protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site. Barriers shall not be supported by the plants they are protecting, but shall be self supporting. They shall be a minimum of four feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.
d.
Slope Plantings. Landscaping of the area of all cuts and fills and/or trenches shall be sufficient to prevent erosion and all roadways slopes steeper than one foot vertically to three feet horizontally shall be planted with groundcovers appropriate for the purpose and soil conditions, water availability and environment.
e.
Additional Landscaping. In residential developments, besides the screening and street trees required, additional plantings or landscaping elements shall be required throughout the subdivision where necessary for privacy or for aesthetic reasons in accordance with a planting plan approved by the Board. In nonresidential developments, all areas of the site not occupied by buildings and required improvements shall be landscaped by the planting of grass or other groundcover, shrubs, and trees or kept in a natural state, as part of a plan approved by the Board.
f.
Planting Specifications. Deciduous trees shall have a minimum of at least a two inch caliper at planting. Size of evergreens and shrubs shall be allowed to vary depending on setting and type of shrub. Only nursery grown plant materials shall be acceptable; and all plantings shall be according to accepted horticultural standards. Dead or dying plants shall be replaced by the developer within the same planting season as long as the maintenance and performance bonds are in place.
g.
Plant Species. The plant species selected should be hardy for the particular climatic zone in which the development is located and appropriate in terms of function and size.
D.
Street Trees
1.
Location. Street trees shall be installed on both sides of all streets in accordance with the approved landscape plan. Trees shall either be massed at critical points or spaced evenly along the street. All developments shall provide a shade tree easement.
When trees are planted at predetermined intervals along streets, spacing shall depend on tree size as follows:
Tree Size (height in feet at maturity)
Planting Interval (in feet)
a.
Medium Trees (30 - 40): 40 - 50
b.
Small Trees (to 30): 30 - 40
When the spacing interval exceeds 40 feet, small ornamental trees can be spaced between the large trees. Trees shall be planted so as not to interfere with utilities, roadways, sidewalks, sight easements, or street lights. Tree location, landscaping design and spacing plan shall be approved by the Board as part of the landscape plan. |
2.
Tree Type. Tree type shall vary depending on overall effect desired. Selection of tree type shall be approved by the Board.
3.
Planting Specifications. All trees shall have a minimum caliper of two inches of substantially uniform size and shape, and have straight trunks. Trees shall be properly planted and staked and provision made by the applicant for regular watering and maintenance until they are established. Dead or dying trees shall be replaced by the applicant during the same planting season.
4.
All street trees shall be located so as not to interfere with underground or overhead utility lines and any well or septic systems.
E.
Buffering
1.
All areas not devoted to structures, parking areas, or other required uses shall be appropriately landscaped and maintained. Whenever reasonable, natural features shall be preserved
2.
Buffering shall be required when topographical or other barriers do not provide reasonable screening and when the Board determines that there is a need to shield the site from adjacent properties and to minimize adverse impacts such as incompatible land uses, noise, glaring light, and traffic. In small lot developments, when building design and siting do not provide privacy, the Board may require landscaping, fences or walls to ensure privacy.
a.
Except as otherwise stated in this chapter, non-residential development shall provide a minimum 25 foot wide buffer area as measured from the property line toward the proposed use. Except as otherwise stated in this chapter, the buffer shall be increased to 50 feet wide where the non-residential development is adjacent to an existing single-family residential development or an area zoned for residential land uses.
b.
Multi-family or townhouse adjacent to an existing single-family residential development or an area zoned for single-family residential land uses shall provide a buffer area of at least 30 feet in width, as measured from the property line toward the proposed use. The Board may reduce the required buffer to 15 feet in width if the developer provides a dense landscaping screen.
c.
Proposed major residential subdivisions adjacent to an existing commercial use shall provide a buffer area of at least 30 feet in width, as measured from the property line toward the proposed use. The Board may reduce the required buffer to 15 feet in width if the developer provides a dense landscaping screen.
d.
Garbage and recycling collection and utility areas, and loading and unloading areas shall be screened wherever reasonable and appropriate. Garbage and recycling collection areas shall be designed in accordance with the requirements of § 18-809.
e.
Where residential subdivisions abut higher order streets (collectors or arterials), adjacent lots should front on lower order streets, and a landscaped buffer area shall be provided along the property line abutting the higher order road. The buffer strip shall be a minimum of 25 feet wide or wider where necessary for the health and safety of the residents and include both trees and shrubs. The Board may reduce the required buffer to twelve and one half (12.5) feet in width if the developer provides a dense landscaping screen.
f.
In the HD6 and HD7 zoning districts, residential development fronting on a State Highway shall provide a hundred (100) foot front yard setback and buffer to the State Highway right-of-way. This setback and buffer shall be preserved in its natural state. On those sites where no existing vegetation is present or existing vegetation is inadequate to provide screening, the applicant shall suitably grade and plant a screen in the setback area, such that this planting shall provide an adequate screen of at least six feet in height so as to continually obscure the view. All development except access roads, drives, underground drainage and utilities within the setback and buffer area is prohibited.
g.
In the HD6 and HD7 zoning districts commercial development fronting on a State Highway shall provide a 150 foot front yard building setback to the State Highway right-of-way. Development shall be permitted within this setback area up to 100 feet from the property line.
h.
For the purpose of this section, existing single-family residential development shall be defined as six or more detached single-family dwellings fronting on residential access roadways as defined in the Residential Site Improvement Standards (NJAC 5:21). The increased buffer will be required even if only one of the dwellings in the single-family residential development is adjacent to the proposed development, provided that the said residential dwelling is part of a single-family residential development as defined above.
3.
Design.
a.
All setback requirements in the HD6 and HD7 zoning districts, other than front yard setbacks, shall be imposed onto the established buffer area identified within the project site, except in those cases where the front yard setback of 100 feet from a State Highway is imposed. In that case, development shall only be allowed beyond that 100 foot setback line.
b.
The required buffer area shall be suitably graded and planted or attractively surfaced, and shall contain within such width massed evergreen plantings that shall produce a screen of at least six feet in height so as to continually restrict a view beyond the buffer strip.
c.
On those sites where no existing vegetation is present or if existing vegetation is inadequate for screening, the applicant shall provide adequate grading and planting, which shall include evergreen plantings that shall produce a screen of at least six feet in height.
4.
Maintenance.
a.
At any time, any plant material which does not live and which diminishes the integrity of the buffer shall be replaced within one year or one growing season, as determined by the Municipal Engineer.
b.
Landscaped areas shall be maintained at the expense of the owner.
c.
The entire buffer area, as defined by 18-803E2 above, shall be maintained in its natural state through the establishment of a conservation restriction on the property. This deed-restricted area shall be free of development.
d.
In those cases where the conservation restricted area is located within a proposed commercial development or major site plan or subdivision, the conservation area may be enforced by the municipality or a homeowners' association.
e.
Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead or dying plants shall be replaced by the applicant during the next planting season, so long as performance or maintenance bonds remain in effect.
f.
No building, structures, storage of materials or parking shall be permitted within the buffer area, unless specifically permitted by the Board; buffer areas shall be maintained and kept free of all debris, rubbish, weeds and tall grass.
F.
Paving Materials, Walls and Fences.
1.
Paving Materials. Design and choice of paving materials used in pedestrian areas shall consider the following factors: cost, maintenance, use, characteristics of users, appearance, safety, availability, glare, heat, drainage, noise, compatibility with surroundings, decorative quality and aesthetic appeal. Acceptable materials shall include but are not limited to concrete, brick, cement pavers, asphalt and stone.
2.
Walls and fences shall be erected where required for privacy, screening, separation, security or to serve other necessary functions and shall comply with the provisions included in this subsection.
3.
All applications for a permit shall be accompanied with a drawing of the proposed fence design which meets the following standards and provides the following information:
4.
A fence or fencing shall be defined as any wood, glass, resin, plastic, masonry, stone or metal or any wall or hedge constructed on the front, side or rear yard and designed to shield, screen or protect a lot(s) or a portion of a lot(s).
5.
A fence within the front yard setback area of any lot, except a corner lot, shall not exceed four feet in height. In the case of a corner lot, the fence in the front yard setback area designated by the property owner as a "side yard" may not exceed six feet in height.
Unless more stringent regulations are provided by other provisions of this chapter, at the intersection of two or more streets, no hedge, fence, screening strip, planting, structure or wall higher than 30 inches above curb level and no obstruction to vision, other than a post not exceeding one foot in diameter, shall be permitted on any lot within the site triangle as defined by the Residential Site Improvement Standards. Trees shall be exempt from this section unless found specifically to present a traffic hazard.
6.
Any fence located at the corner of a corner lot shall be placed at 45 degrees to each side line for a distance of 10 feet back from the intersection of the fence line along both street sides of the lot. In addition, any fence constructed along the street sides of a corner lot shall meet the requirements provided for in Subsection 5 above. No fence shall be erected in the public right-of-way.
7.
No fence shall be located less than eight feet from the pavement or cartway of any street, whether public or private.
8.
No fence may be installed which exceeds eight feet in height, however the height of the fence may be increased by one foot for every five feet that it is set back from the property line. Fences within the front yard setback shall be limited to the requirements identified in Subsection 5 above.
9.
No fences shall be erected so as to encroach upon adjacent properties or public rights of way. Fence gates shall be designed to prevent the open swing of the gate from encroaching upon adjacent properties or public rights of way.
10.
All fences shall be constructed with the face, or finished side, away from the property and the structural side toward the interior of the lot(s) on which it is erected.
11.
All fencing shall be in conformance with the requirements for visibility at intersections.
12.
Living fences, hedges or screen plantings shall not encroach into any sight triangle. All living fences, hedges or screen plantings shall be maintained in a neatly trimmed condition on the property so planted and shall be kept clear from all sidewalks and walkways.
13.
All fences and walls shall be maintained in a safe, sound and upright condition.
14.
If the Zoning Officer, upon inspection, determines that any fence or portion thereof is not being maintained in a safe, sound or upright condition, he shall notify the owner of such fence in writing of his findings and state briefly the reasons for such findings and order such fence repaired or removed within 30 days of the date of the written notice.
15.
Fencing may not be erected in any yard if it acts to inhibit access to Township fire, police and emergency medical services.
16.
These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.
17.
These restrictions shall not be applied so as to restrict the erection, alteration or reconstruction of fences used in connection with farms and farm operations except insofar as such fences might affect the public safety.
18.
Temporary fences such as snow fences, expandable fences, collapsible fences, canvas, and cloth fences may be permitted upon a determination by the Zoning Officer that such fencing is necessary to inhibit the dispersal of airborne material during construction activity. These fences must be removed and not left on-site after the activity requiring such fence is completed prior to any bonds being released.
19.
The following fences are prohibited in all residential districts: barbed wire, razor wire, electric and other similar type fences.
20.
Fences made of tarps and other similar type fences are expressly prohibited in all zoning districts except as provided in Subsection 18 above.
21.
Private Fences for Pools. In certain and limited cases, the Zoning Officer may issue a zoning permit for a privacy fence for pools exceeding eight feet in height, provided the proposed fence meets the following criteria and the applicant follows the procedure outlined below:
a.
The purpose of the fence is to provide visual screening of the pool area.
b.
The owners of all of the contiguous properties confirm in writing that they have no objection to the proposed fence.
c.
The fence is located and designed so as to have the least impact on adjacent properties.
d.
The applicant shall submit to the Zoning Officer a letter signed by a licensed engineer or architect certifying that the proposed fence is structurally sound and does not pose a safety hazard.
e.
In no case shall the fence height exceed 14 feet.
f.
The proposed fence complies with all other Lakewood Township fence requirements.
g.
Application Procedure. An application for a Lakewood Township Construction Permit for the proposed fence is required.
h.
Notification. At the time of the application to the Zoning Officer for the permit, the applicant shall notify all contiguous property owners by certified mail of the application. The notice shall indicate the nature of the application and the fact that comments or objections regarding the application may be submitted to the Zoning Officer within 10 days of the receipt of the certified notice. Copies of the mail receipts shall be provided to the Zoning Officer.
22.
No improvements such as fences or buffer landscaping shall be permitted within any drainage easement.
G.
Landscape Maintenance. A landscape management/maintenance specification shall be provided in conjunction with all approved major subdivisions as to street trees, common open space, and areas to be dedicated to the public and all approved major site plans.
1.
Installation and Inspection of Landscaping. The following installation and performance and inspection principles and procedures should be applied to all landscape installations.
a.
A temporary certificate of occupancy may be issued prior to the submission of an approved landscaping plan. The proposed landscape as shown on the approved landscape plan must be installed, inspected, and approved or bonded prior to the issuance of a certificate of occupancy.
b.
If changes to the approved plan are made prior to or during construction, revised or record drawings must be submitted to the Township Engineer, who may approve such amendments, for approval. Such revisions shall be indicated by a formal letter of request with the reasons for the modification to the Township with a copy to the Township Engineer. If the Township Engineer, in his/her professional judgment, determines that the change in the landscaping plan is substantial, the application or plan should be referred to the appropriate Board for approval. If the Township Engineer determines that unapproved or inadequate landscape is implemented, then appropriate replacement shall be required prior to the release of any performance bonds.
c.
Subsequent to landscape installation and until release of performance and/or maintenance bonds, the Township shall have the right to inspect all landscape areas for conformance to the approved plans, proper installation and maintenance, and performance of landscape material.
H.
Tree protection.
1.
Purpose.
The purpose of this section is to establish protective regulations for trees within the Township of Lakewood in order to control problems of flooding, soil erosion, air and noise pollution, water quality; to protect the public health, safety and welfare of the citizenry of the Township; and to promote quality development in the Township. The intent of this section is to encourage the protection of the greatest number of trees within the tree protection zone and of large specimen trees throughout the Township, regardless of location. Tree removal shall be in accordance with this subsection and Chapter 19 of the Code of Lakewood (Protection of Trees). A permit shall be obtained from the Township prior to the removal of any trees pursuant to Chapter 19. Violations of Chapter 19 are subject to penalty by the Township as set forth in that chapter.
2.
Definitions.
a.
AESTHETIC IMPROVEMENT CUT – The removal, to the minimum extent possible, of the smallest and poorest trees so as to permit land development while retaining the maximum number of larger and healthier trees.
b.
CLEAR CUTTING – The removal of all standing trees on a lot or portion of a lot.
c.
CROWN – The branches and foliage of a tree; the upper portion of a tree.
d.
DISTURBANCE ZONE – That portion of a lot covered by existing or proposed buildings, structures or improvements and within a certain distance around same as noted below:
(1)
House or building - 20 feet (averaged around all sides)
(2)
Detached Garage or Accessory Structures - 15 feet
(3)
Pool - 15 feet
(4)
Driveway/ sidewalk - five feet
(5)
Septic fields — As required by Ocean County Board of Health
(6)
Underground utility - five feet
(7)
Paved parking/drive aisle - five feet
(8)
Improvement (other) - five feet
e.
DRIP LINE – The perimeter line on the ground measured from the outermost edge of the vertical plane established by the branches of the tree.
f.
FORESTER, PROFESSIONAL – A person who has a B.S. degree from a four-year School of Forestry accredited by the Society of American Foresters.
g.
NON-SPECIMEN TREE – Any tree not included under Subsection i below.
h.
SELECTIVE CUTTING – The removal of larger trees on an individual basis while leaving trees of a lesser size.
i.
SPECIMEN TREE – Any tree from the following list with a diameter exceeding the size specified:
Tree species, cultivar or variety | Diameter Exceeding |
|---|---|
A. concolor | 18" |
Acer negundo | 18" |
A. nigrum | 25" |
A. platanoides | 29" |
A. rubrum | 30" |
A. saccharinum | 35" |
A. saccharum | 25" |
Betula nigra | 30 |
Carya ovata | 15" |
Catalpa sepciosa | 25" |
Cedrus atlantica glauca | 15" |
Celtis Occidentalis | 13" |
Cryptomeria japonica | 13" |
Cornus florida | 13" |
Fagus grandiflora | 13" |
Fraxinus americana | 26" |
F. pennsylvanica | 25" |
Gleditsia triacanthos inermis | 24" |
Gymnocladus dioicus | 27" |
Ilex opaca | 12" |
Juglans nigra | 29" |
Juniperus virginiana | 12" |
Liquidambar styraciflua | 25" |
Liriodendron tulipifera | 40" |
Magnolia virginiana | 16" |
Malus Varieties | 15" |
Nyssa sylvatica | 25" |
Oxydendrum arboretum | 12" |
Picea abies | 25" |
P. pungens 'Glauca' | 18" |
Pinus echinata | 20" |
P. strobus | 24" |
Platanus occidentalis | 30" |
Populus deltoides | 21" |
Prunus serotina | 20" |
Quercus alba | 20" |
Q. bicolor | 25" |
Q. coccinea | 25" |
Q. palustris | 25" |
Q. phellos | 25" |
Q. prinus | 24" |
Q. rubra | 24" |
Q. stellata | 24" |
Q. veluntia | 25" |
Sciadopitys verticillata | 15" |
Taxodium distichum | 24" |
Ulmus americana | 34" |
j.
THINNING – The removal of undesirable, competitive, diseased or damaged trees so as to cultivate and improve the development of remaining trees on the lot.
k.
TREE – Any woody perennial plant usually having one main stem or trunk and a more or less definitely formed crown, and which has the potential based on its genus and species to grow to a height of 10 feet or more.
l.
TREE DIAMETER – The width of a tree, equal to 7/22 of the circumference, measured four and a half (4.5) feet above the ground.
m.
TREE MASS – A group of trees represented by a line depicting a common drip line.
n.
TREE PROTECTION ZONE – That portion of a lot outside of the Disturbance Zone.
o.
TREE REMOVAL – The cutting down of a tree, the transplanting of a tree to a site other than that under development, or the infliction of damage to a tree which is of such severity as to show evidence of irreparable harm, within two years, leading to the ultimate death of a tree. Examples of said serious damage include, but are not limited to: damage inflicted to the root system by machinery, storage of materials, and soil compaction; changing the natural grade above or below the root system and around the trunk; damage inflicted on the tree permitting fungus infection or pest infestation; excessive pruning; excessive thinning; paving with concrete, asphalt, or other impervious material within such proximity.
p.
TREE ROOT AREA – The area under a tree extending from the trunk to the drip line.
3.
Applicability.
a.
On major site plan and major subdivision applications larger than five acres the applicant may chose to prepare an averaging plan, wherein the existing trees in a sample area of one-quarter (1/4) acre are used as the basis for determining the estimated number of trees and their diameter to be removed for the entire site. The location of the sample area shall represent the average density be to the approval of the Board Planner and Engineer.
b.
At the time of a preliminary major subdivision or site plan application submitted pursuant to this chapter, a Tree Protection Management Plan must be submitted if there are 10 or more total non-specimen trees (12" in caliper or greater) or three or more total specimen trees, cut or removed or proposed to be cut or removed.
c.
The standards contained herein shall be considered the minimum standards to be met and maintained. Standards established by other Township ordinances, or by State and Federal rules and regulations shall apply where those standards are more restrictive than the standards set forth herein.
d.
Plans for the harvesting of timber and or silviculture shall be in accordance with the standards and recommendations of the New Jersey State Bureau of Forestry. A copy of such plan must be filed with the Shade Tree Commission of Lakewood at least 15 days prior to the harvesting of timber and/or silviculture for informational purposes.
e.
Any person claiming that he has conducted harvesting of timber in accordance with the standards and recommendations of the New Jersey State Bureau of Forestry prior to the date of adoption of this chapter, within 60 days after the adoption of this chapter, make application to the Planning Board for a certificate of prior use. The applicant shall provide the Planning Board with a copy of an approved forestry management plan by the New Jersey State Bureau of Forestry. If deemed acceptable, the Planning Board shall issue a certificate of prior use relieving the applicant of an obligation to secure a tree removal permit for continued operations of said timber harvesting. Failure of the Board to act within 90 days shall be deemed to be an approval of the request for a certificate of prior use. Any person who does not file for such a certificate within 60 days of the date of adoption of this chapter shall conclusively be presumed to be bound by the terms of this section.
f.
No tree shall be removed from a conservation easement unless approved by the Township Engineer.
4.
Requirements of a Tree Protection Management Plan.
If required by this section, the submission of a Tree Protection Management Plan should indicate the following information on a plot plan:
a.
Applicant's name, street address, telephone number;
b.
Lot owner's name, street address, telephone number;
c.
Block and Lot number;
d.
Location of all existing or proposed buildings, driveways, septic fields, easements, underground utility lines, and other improvements;
e.
Existing or proposed rights of way;
f.
Location of all proposed trees having a diameter of ten (10") inches or greater or as per the averaging plan indicated in Subsection 3a above, to be cut, removed, or damaged in such a way as to cause a need for their removal, noting each tree by its species, size and general health condition;
g.
Specifications for the removal of existing trees and for the protection of existing trees to be preserved;
h.
Specific proposals for planting replacement trees, if applicable;
i.
Existing topography within 20 feet of the proposed disturbed area and proposed grading, if any;
j.
Location of existing water courses, wetlands, and floodplains.
5.
Review of applications for a Tree Protection Management Plan.
a.
All applications for a Tree Protection Management Plan shall be immediately referred by the Administrative Officer to the Environmental Commission, Shade Tree Commission and Board.
The Environmental and Shade Tree Commission shall provide an advisory, non-binding, recommendation of approval or denial of the Tree Protection Management Plan application to the Board. Failure on the part of the Environmental Commission or Shade Tree Commission to provide a recommendation within 20 days, provided that the Environmental Commission and Shade Tree Commission receives the application at least 10 days in advance of its regularly scheduled meeting, shall be deemed a recommendation for approval. In the event that the Environmental Commission or Shade Tree Commission recommends denial of an application, they shall specify, in writing, the reason(s) for their recommendation. The Board shall review and consider the recommendations of the Environmental Commission and Shade Tree Commission and the recommendations shall be made a part of the record before either Board. The Board shall have the authority to approve or to deny the Tree Protection Management Plan as part of the subdivision and/or site plan review process.
b.
The Board shall review the application for a Tree Protection Management Plan and, if necessary, have the Township Planner, Engineer, Professional Forester, and/or some other consultant as may be required, review the application and inspect the site. All reviews and inspections by the Township Planner, Engineer, Professional Forester, and/or other consultants shall be paid for by the applicant through the deposit of escrow funds in accordance with a fee schedule adopted by the Township Committee.
c.
The Board or Environmental Commission or Shade Tree Commission shall consider the following factors in reviewing an application for a Tree Protection Management Plan and in deciding whether to either recommend approval or denial, or to approve or deny a Tree Protection Management Plan:
d.
There is hereby established a presumption that each and every tree of 10 inches of diameter or as per the averaging plan indicated in Subsection 3a above or greater located within the tree protection zone shall be preserved at its location on the site. Each such tree located within the tree protection zone or each specimen tree may be removed only if the Board finds that the applicant has set forth:
(1)
That it is a necessity to remove trees which pose a safety hazard to pedestrian or vehicular traffic, or threatens to cause disruption of public services.
(2)
That it is a necessity to remove trees which pose a safety hazard to a building.
(3)
That it is a necessity to remove diseased trees, trees infested with destructive insects liable to infect healthy trees on the subject or adjacent property, or trees weakened by age, fire or other injury.
(4)
That it is a necessity to observe good forestry practices, i.e., the number of healthy trees that a given parcel of land will support when documented by a report prepared on behalf of the applicant by a professional forester or a certified landscape architect.
(5)
That it is a necessity for compliance with other sections of this chapter or with other codes, such as health and other environmental ordinances.
(6)
Other conditions which, in the judgment of the Board, warrant the removal of a tree.
e.
No building permit shall be issued until the applicant has obtained approval of its Tree Protection Management Plan application.
6.
Planting of new trees - Replacement of specimen trees.
a.
Where the Board, whichever has jurisdiction, determines that it is impossible to retain specimen trees as defined by this section, due to cutting, filling, or other construction activity, the applicant shall plant one (1") inch of new deciduous tree diameter for every four (4") inches of existing specimen tree diameter removed. Replacement deciduous trees should have a minimum diameter of two inches measured six inches above the ground. Replacement evergreen trees shall have a minimum height of six feet and shall be considered the equivalent of a two inch deciduous tree. Replacement trees should be shown on the Tree Protection Management Plan for review. Replanting should be done according to the standards specified by the American Nurserymen's Association. Trees included as part of any required buffer may be considered towards the applicant's replanting obligation.
b.
In lieu of replanting, the applicant may chose to make a contribution to the Township in an amount equal to the value of the required tree replacement. Such funds shall be placed in an account specified for landscape improvements throughout the Township. The value of the tree replacement shall be determined based upon quantity take-off figures as used by the Township Engineer or designee to prepare a bond estimate.
c.
Where practical, replanting shall be encouraged on-site.
7.
Criteria for the selection of new trees.
When an applicant is required to replace trees as described above, the applicant should replace the trees with a similar species that were removed or, with the approval of the Board, choose other tree species, preferably native to Lakewood Township. In selecting replacement trees, the following positive criteria should be used. These guidelines should also be followed in choosing trees proposed to be retained or cleared.
a.
Species longevity;
b.
Native to the area;
c.
Hardiness (wind firmness, climate requirements, characteristics of soil to hold tree);
d.
Resistance to insect and disease attack and to pollution;
e.
Aesthetic values (autumn, coloration, type of flowers or fruit, form characteristics);
f.
Low maintenance and care (pruning, etc.);
g.
High wildlife values;
h.
Comfort to surroundings;
i.
Free of disease, rot, or other damage to tree;
j.
Protection of pedestrians, vehicles, and buildings;
k.
Size at maturity;
l.
Effect of soil retention and erosion control; and
m.
Value as a noise buffer.
8.
Protection of existing specimen trees.
Applicants should exercise due care to protect specimen trees to be retained from damage during construction. The following procedures shall be observed in order to protect retained trees.
a.
Protection from mechanical injury.
(1)
Prior to any grubbing or clearing, all trees to be retained should be protected from equipment damage by enclosing the drip lines of the trees with sections of silt fence, orange snow fence, or boards, wired together. All exposed roots and low hanging branches should be equally protected. Groups of trees may be protected by fencing the drip lines of the entire tree mass to be retained.
(2)
Heavy equipment operators should not damage existing tree trunks and roots. Feeder roots should not be cut closer than the distance of the drip line from the tree trunks and should be cut with pruning shears or other tools which will make a clean cut.
(3)
Specimen tree trunks and exposed roots accidentally damaged during construction should be protected from further damage. Damaged branches should be sawed off at the branch collar. No shellac or pruning paint should be used. When the portion of the tree to be removed is diseased, the pruning equipment should be dipped in alcohol or disinfectant prior to use on another tree to prevent the spread of the disease.
(4)
Specimen deciduous trees should be given an application of liquid slow release, low nitrogen, all purpose fertilizer to aid in their recovery from possible damage caused by construction operations. Such application should be made at a distance of one foot from the trunk to the drip line and should be made as soon as construction is completed and again one year after the first application has been made.
(5)
Specimen trees should not be used for roping, cables, signs or fencing. Nails and spikes should not be driven into trees.
(6)
Tree climbing spikes shall not be used by tree care personnel on specimen trees.
(7)
The area around the base of existing specimen trees should be left open to provide access for water and nutrients. Therefore, no impervious cover, storage of equipment, materials, debris, or fill should be allowed within the drip line of any existing tree to be retained.
b.
Protection from grade change for specimen trees.
(1)
If an increase of the grade is proposed that negatively impacts a specimen tree, the applicant should install either:
(a)
A system of gravel and drain tiles at the old soil level opening into a dry well built around the trunk and designed for each tree, individually fitting the contour of the land so that it drains water away from the tree trunk.
(b)
A retaining wall between the existing grade and the higher grade. A detailed plan for each proposed retaining wall should be provided.
(c)
If a decrease of the grade is proposed that negatively impacts a specimen tree, the applicant should initiate one of the following methods to protect the trees:
c.
Protection from excavation.
(1)
When digging trenches for utility lines and other similar uses, the applicant should adhere to the following, listed in order of preference:
9.
Protection of tree save and buffer areas.
Prior to grubbing or clearing, all tree save and buffer areas shall be protected by enclosing such area within an orange snow fence or similar visible protective fencing.
18-804 Lighting.
A.
The purpose of this section is to provide minimum standards and regulations for lighting facilities for all sections and zones of the Township that will afford safety, convenience, and the ability to advertise, and at the same time, avoid needless light pollution, driving hazards, non-compatible adjacent lighting plans, and annoyance to neighboring property owners.
B.
All lighting installations shall be designed to be energy efficient to the degree consistent with both reasonable cost and the conservation of non-renewable natural resources.
C.
All lighting installations shall be designed to reflect the needs and atmosphere of the general neighborhood, and adjacent existing installations. Conflicts of lighting types, methods, and color temperature are to be avoided wherever possible.
D.
All applications for Board approval of commercial and residential site plans and major subdivisions shall include a complete lighting plan, including luminaire type, wattage, pole height and type, lighting levels in foot-candles, and beam spread diagrams on 50 foot centers, and point to point illumination diagrams, including perimeter levels.
F.
Illumination levels for various applications. The maintained foot-candles of illumination recommended are as indicated in the following table:
Type of Area | Minimum Intensity Foot-candles | Average Intensity Foot-candles | Uniformity Ratio (1) |
|---|---|---|---|
General Street Lighting | 0.2 | 0.5 | 12:1 |
Shopping Center Parking | 0.4 | 0.8 | 12:1 |
Industrial Site Parking | 0.4 | 0.8 | 12:1 |
Commercial Parking | 0.5 | 1.0 | 15:1 |
Entrance and Exit Roads | 1.0 | 2.0 | 10:1 |
Residential Area Parking and Drive Areas | 0.2 | 0.5 | (2) |
(1) The Uniformity Ratio equals the maximum lighting level over the minimum lighting level. |
(2) Minimum levels shall be required in residential use only for townhouse, condominium, or other multifamily type of residential use. |
18-804.01 Street Lighting.
A.
All street lighting plans shall conform to Federal, State, and County requirements that pertain to the zone or area in question. In addition to these requirements, the Township of Lakewood may require that type of fixtures, poles, and lighting distribution conform to the type of area and use involved. Wherever the Township of Lakewood requirements directly conflict with the requirements of the aforementioned authorities, the standards of the higher governing authority shall prevail.
B.
Whenever this section requires the installation of electric utility installations underground, the applicant shall, in addition, provide for the installation of underground service for street lighting.
C.
Street lighting standards of a type and number approved by the Township Engineer shall be installed at all street intersections, cul-de-sacs, and elsewhere as deemed necessary.
D.
The maximum distance between street lighting shall be 150 feet.
E.
Street lighting standards:
1.
Each applicant for development plan approval shall provide the minimum adequate lighting to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be of a type approved by the municipal agency.
2.
Each applicant for development plan approval shall provide within the limits of practicability and feasibility, lighting consistent with conservation of energy and use of renewable energy sources.
F.
Luminaires shall be specified that are provided by the local utility.
18-804.02 Parking Lot and Open Area Lighting.
A.
The object of parking area lighting is to provide a safe level of illumination to allow the orderly entrance and egress of vehicular traffic, provide back-up maneuver vision, identify and illuminate entrance and exit areas, and provide pedestrian and parking area illumination that will discourage vandalism, theft, and assault. Parking area lighting should not be used as an adjunct to advertising.
B.
Luminaires. In general, the type of luminaire and pole to be used must be matched to the area, zone, use, and size of the parking area to be lit. The primary criteria should be light control; that is, providing a beam spread pattern to produce an average lighting intensity as specified above without producing areas of over intensity or below intensity design; that is, a low uniformity ratio.
The design of luminaires for parking areas should include lamp location, reflector type and refractor design to deliver light to areas selected, and keep light spill from adjacent areas. A parking area lighting design that produces "sky glow" is inefficient and an irritant to residents, and will not be permitted.
1.
Sharp cutoff type luminaires are recommended as the best approach to lighting parking areas and the fixtures selected shall be of the type that can be provided with sharp cutoff deflectors or refractors. The shielding angle shall be selected to minimize discomforting glare to an observer's eyes from the light source at an angle below the set cutoff. Shielding shall also be employed to prevent spillover of undesirable light to adjoining property.
2.
The use of high pressure sodium or metal halide luminaires is encouraged. Low pressure sodium luminaires may be considered in isolated industrial areas remote from residential and commercial zones where they will not be visible from the traveled way.
3.
The maximum cutoff angle shall be used to shield light source glare and unwanted light from adjacent properties and motorists approaching on adjacent roads and highways. As improperly designed or aimed lighting fixtures are an inherent danger to motorists and pedestrians, special attention shall be given to all site lighting designs that have boundaries that include public vehicular traveled ways of any type, and private traveled ways that are open to the public. All applications for site plan approval that include site lighting, and that have traveled ways as boundaries, shall include, in addition to the other requirements listed in this chapter, the details of the point to point, and beam spread calculations for all lighting that will impinge on the traveled ways. As even relatively low average footcandle intensities can blind drivers who are within the focal point area of the luminaire, no lighting plan will be acceptable where the central focus node of any fixture is visible from any traveled way. In general, no fixture shall be so aimed so that this center focus point is less than 20 degrees off of the property boundary. This may require that additional and lower wattage fixtures be utilized adjacent to roadways. The plan submitted shall clearly indicate the methods used to prevent roadway glare.
4.
Where parking areas for commercial zone buildings are immediately adjacent to a residential use zone, the design of the parking area lighting shall be coordinated with the design of the inter-zone buffer as required under other sections of this chapter. The coordinated buffer/lighting plan submitted shall insure that light spill from the parking lot shall not impinge on the residential area in excess of 0.2 footcandle.
18-804.03 Poles.
A.
The type and height of all poles for mounting luminaires shall be consistent with the general design of the application.
B.
Utility type wood poles may be used only on parking areas of one acre or less, except where parking lot illumination is provided by the electric utility. All wood poles shall be pressure treated to resist rot and termite damage, and the pole class shall result in a wind load rating as specified in the BOCA Code.
C.
Architectural wood poles shall be rated for the applicable wind load, and shall have adequate wiring access as required by the National Electric Code.
D.
All poles shall be protected with concrete bases of sufficient height to protect them from traffic setback from the curbline, or by four inch concrete filled steel pipe bollards.
E.
Maximum pole mounting height as follows:
1.
For sites up to five acres: 25 feet.
2.
For sites greater than five acres: 30 feet.
3.
For sites designated as shopping malls, poles of greater height may be approved by the Board on the submission of lighting design by a Professional Engineer indicating that a greater height is required, and that the greater height will not produce light spill to adjacent areas above the limits hereinbefore listed.
4.
All mounting poles shall meet wind loading requirements as specified in all applicable building codes.
18-804.04 Commercial Building and Outdoor Sales Site Lighting.
A.
The object of exterior lighting of a commercial building is to provide a safe level of illumination to allow the orderly entrance and egress of pedestrian traffic, identify and illuminate entrance and exit doors and loading areas, and to provide illumination levels that will discourage vandalism, theft, and assault. While it is recognized that commercial building lighting is also used to attract and advertise the building occupant's trade, this type of lighting shall be designed so that the resulting illumination levels are not detrimental to adjacent property owners and occupants.
B.
Luminaires. In general, the type of luminaire and mounting method to be used must be matched to the area, construction type, use, and size of the building to be lit. The primary criteria should be light control; that is, providing a beam spread pattern that will produce an average lighting intensity desired without producing areas of either over intensity or below intensity design.
C.
Conflicts as to color temperature and lamp type with lighting of adjacent properties shall be avoided. For example, if one or more adjacent areas with established lighting systems are using mercury vapor lamps, the submitted area shall conform to the same lamp type, but not necessarily the same type luminaire.
The HID (High Intensity Discharge) type of lamp may be considered when compelling reasons exist for employing such lamps and ample proof that a suitable method can be employed to reduce color conflict.
D.
Security lighting. All parking area walkways and appurtenant passageways and driveways may be illuminated for safety and security reasons between sunset to sunrise.
E.
To insure that the proposed lighting plan conforms to the scope and limitations of this chapter, the following data and information shall be submitted with every application for site plan approval:
1.
Type of luminaires.
2.
Type and wattage of lamp.
3.
Mounting height of luminaire.
4.
Photometric data and isolux lines of the luminaire and lamp proposed. Photometric curves shall be drawn to the same scale as the site plan scale and shall show initial and maintained footcandle levels of illumination.
F.
Where building lighting is proposed to be provided via pole mounted fixtures, the type and height of pole must also be submitted. Applicants are encouraged to use architectural wooden or duranodic bronze colored aluminum poles in keeping with the architecture of the building and surrounding areas. The use of bollard down-light fixtures is encouraged for exterior walkways. As the spherical globe type of luminaire has a low coefficient of utilization, are therefore inherently energy inefficient, and contribute to excessive "sky glow", their use is to be discouraged.
G.
Commercial recreational facilities such as driving ranges, stadiums, outdoor arenas, etc. shall be illuminated as required by the site use, however, all of the perimeter area lighting, light spillage, and protection from glare on traveled roadways shall conform to the requirements of §§ 18-804.01 and 18-804.02.
18-804.05 Sign Illumination.
Requirements for signs are provided in § 18-812 of the chapter, however all signs including sections of building surfaces of any kind that are externally or internally illuminated shall conform, in addition to all requirements of § 18-812, to the following requirements:
A.
No illuminated sign that is visible from a traveled roadway or traveled way used by motor vehicles shall have a degree of luminance that causes visual discomfort to drivers. The degree of luminance allowable is a factor of luminance ratio, (sign luminance to surrounding luminance), and illumination color. In general, no sign shall have a surface luminance greater than 750 footlamberts, or greater than a five to one ratio between sign luminance and average surrounding luminance.
B.
Outdoor large scale advertising signs shall use an illumination source that is not visible to either motorists or pedestrians when on normal traveled roads, streets, or walkways.
C.
No sign shall use a repetitive "on-off" design.
D.
No sign shall incorporate strobe lamps.
E.
No sign shall use animation by either mechanical, electrical, or electronic means.
F.
All interior signs that are within six feet of glass show windows shall conform to Subsections 18-804.05C, D and E above.
18-804.06 Lighting and Illumination in Residential Districts.
A.
The intent of this section is to promote a safe, healthy, and attractive place to live in the Township of Lakewood. All exterior lighting in residential areas should be designed and installed with the rights and interests of adjacent property owners in mind.
B.
Residential street lighting shall conform to § 18-804 of this chapter. The primary goal of street lighting in residential districts is vehicular traffic control and pedestrian safety, and as a general deterrent to crime. In overhead utility districts, street lighting from wood utility poles is acceptable.
In residential districts, all street lighting wiring shall be underground.
C.
Exterior lighting at parks, recreational facilities, ball fields, and municipal parking lots shall conform to the requirements of Subsections 18-804.05B and C above.
D.
Lighting of residential plots to the extent required for discouragement of theft, break-and-entry, and vandalism may require additional exterior lighting. Where this type of exterior lighting is desired by the home owner, the installation must reflect consideration for adjacent property owners. Where owners wish to light the exterior of homes with dusk to dawn lighting, the preferred method for safety and keeping light spill to a minimum is low voltage wall washers set in the ground, and with reflectors that direct all light towards the building. The watt intensity shall be such that the light intensity reflected from the building does not exceed 100 footlamberts.
1.
All exterior residential lighting shall be so designed and installed so that the resultant light spill skyward is minimal, and light impingement levels on adjacent properties shall not exceed one-half (.5) footcandle at the property line.
2.
Flood lighting fixtures for residential lighting shall be used only where plot size requires larger watt intensities. Flood fixtures shall be selected with care, and fixtures using a box type body, recessed lamp, and a flush refractor are the preferred type of fixture. This type of fixture, with the lens positioned downward, and as close to the perpendicular as possible will result in the best light utilization, and the least light spill skyward and to adjacent properties. Exterior "PAR Reflector Flood" type of fixtures are to be used only for intermittent use, and where small areas of lighting at relatively high intensity is required. This type of fixture has a high "point source" footlambert level, and can easily blind drivers and pedestrians when pointed toward traveled ways. When their use is required by circumstances, the fixtures should never be pointed toward driveways, streets, or walkways.
All exterior lighting fixtures and luminaires that are controlled by "dusk to dawn" controllers shall be installed with shields or otherwise designed so that lighting intensity at the property line is one-half (0.5) footcandle or less. Lighting fixtures arranged so that the light source, (lamp and reflector), is directed to adjacent homes are prohibited.
E.
Where exterior fixtures are controlled by infrared, (or other type) or heat sensitive device or proximity device, the control must be regulated to prevent repetitive "on-off" operation due to wind, door movement, tree branch movement, or anything other than the presence of a human or large animal.
18-805 Lots.
[Ord. No. 2009-51 § 2]
A.
Lot Size. Minimum lot size shall be governed by this chapter based on the zoning district in which the lot is located. Lots requiring septic systems shall be of sufficient size to achieve required separation distances in accordance with New Jersey Department of Environmental Protection septic design regulations (N.J.A.C. 7:9A).
B.
Lot Numbers. Lot numbers shall be assigned each lot by the Tax Assessor.
C.
Side Lot Lines. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
D.
Lot Line on Widened Streets. Where extra width is provided for the widening of existing streets, for undeveloped lots, lot measurements shall begin at the new right-of-way line and all setbacks shall be measured from such line unless otherwise provided by this chapter. For developed lots, the measurements shall remain unaffected by the new right-of-way line.
E.
Unsuitable Lots. All lots shall be suitable for the purpose of the application. In order to prevent the use of lots which are not suitable because of adverse topography, rock formations, flood conditions, wetlands designations, environmental conditions or similar circumstances, the Board may require such revisions in the layout of the subdivisions as will accomplish one of the following:
1.
That the area of the unsuitable lots is included in other lots by increasing the size of the remaining lots.
2.
That the area is to be deeded to the municipality or a homeowners' association and held in its natural state for conservation and/or passive or active recreation purposes; or
3.
That some other suitable arrangement, such as common ownership made permanent by deed covenants running with the land, is made.
Such conditions, where present on a portion of a lot shall not be excluded when calculating the square footage required in any zoning district in order to satisfy the minimum lot size, and shall not deem the lot as unsuitable for development. |
F.
Thru-lots. All residential units located on thru-lots shall, where practical, have access from the lower order road frontage. All units shall be oriented so that the front of the unit is toward the same road frontage as the majority of the units in the existing neighborhood. In the case of an application for subdivision, the unit orientation shall be dependant upon the characteristics of the existing neighborhood. All newly created thru-lots shall provide a landscaped buffer along the secondary frontage. The width and depth of the buffer shall be determined by the Board based upon the characteristics of the existing neighborhood. In no case shall a buffer be less than five feet.
G.
Flag Lots.
1.
A "flag lot" shall be defined as "a lot not satisfying the conventional minimum lot frontage requirements of the zone district, generally configured in the shape of a flag, with its road frontage provided by a strip of land referred to as the 'flag staf' portion of the lot."
2.
Flag lots as defined in § 18-805G1 shall not be permitted in any residential zoning district.
18-806 Nonconforming Uses and Lots.
[Ord. No. 2009-19 § 1; Ord. No. 2009-28 § 1; Ord. No. 2013-29; Ord. No. 2014-10]
A.
Continuance.
1.
Except as otherwise provided in this section, the lawful use of land or buildings existing at the date of adoption of this chapter may be continued although such use or building does not conform to the regulations specified by this chapter for the zone in which such land or building is located; provided, however:
a.
That no lot nonconforming to the standards set forth in its zoning district shall be further reduced by the owner;
b.
That no nonconforming nonresidential building shall be enlarged, extended or increased unless such enlargement does not increase the degree of nonconformance or does not expand upon the existing footprint of the building.
c.
That an existing single residential building, with or without basement apartment, on any lot, may be replaced, extended or increased in size provided that the residential building as altered, does not increase the degree of existing nonconformity and meets all of the existing conforming setback, lot coverage and height requirements of the then current zone.
d.
That in zones where duplexes are a permitted use, when there exists on any lot, two separate residential buildings, each having a certificate of occupancy, the two buildings may be replaced with one duplex provided the duplex, does not increase the degree of existing nonconformity and meets all of the existing conforming setback, lot coverage and height requirements, of the then current zone;
f.
That a single-family residential dwelling may be constructed on a vacant nonconforming lot provided the single-family residential building meets all of the setback and height requirements of the then current zone. The maximum lot coverage requirement for nonconforming, single-family residential lots shall be 35%.
B.
Abandonment. A nonconforming nonresidential use shall be adjudged as abandoned when there occurs a cessation of any use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance.
C.
Restoration. If any nonconforming building shall be destroyed or demolished by any reason of windstorm, fire, explosion or other event or the public enemy or the voluntary act of the owner such building may be rebuilt, restored or repaired providing that the construction does not increase the prior degree of nonconformance (except as to residential buildings as provided in Subsection 18-806A1c or d above). Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any wall, floor or roof which has been declared unsafe by the Building Inspector.
D.
Reversion. No nonconforming use shall, if once changed into a conforming use, be changed back again into a nonconforming use.
E.
District Changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.
18-807 Off-Street Parking, Loading and Circulation.
[Ord. No. 2006-16 § 1; Ord. No. 2010-62]
A.
Minimum Standards: Off-street parking space, together with appropriate access thereto, shall be provided in accordance with the following minimum standards:
1.
Residential developments shall provide parking in accordance with the requirements of the Residential Site Improvement Standards for single-family detached dwellings with up to five bedrooms. The parking requirements for single-family detached dwellings with six or more bedrooms shall be as follows:
6 Bedroom | 3.5 (4 spaces) |
7 Bedroom | 4.0 (4 spaces) |
8 Bedroom | 4.5 (4 spaces) |
9 Bedroom | 5.0 (5 spaces) |
10 Bedroom | 5.5 (5 spaces) |
Note: Basements shall be considered two bedrooms in determining the number of bedrooms in a dwelling and habitable attics shall be considered one bedroom in determining the number of bedrooms in a dwelling. [Ord. No. 2017-27 § 2] |
4.
Other public buildings: one space for each 400 square feet of gross floor area.
B.
Business uses shall comply with the following standards, but in no case shall less than three spaces be provided:
1.
Retail trade or personal service establishments, other than in a shopping center of 100,000 square feet or more: one space for each 200 square feet of gross floor area.
2.
Shopping center of 100,000 square feet or more: one space for each 225 square feet of gross floor area.
3.
Business and professional offices and banks, other than medical or dental: one space for each 250 square feet of gross floor area.
[Ord. No. 2017-28; Ord. No. 2017-51 § 1; Ord. No. 2019-15]
4.
Medical or dental office: one space for each 150 square feet of gross floor area.
5.
Community Based Health Care Facilities: one and one-quarter (1.25) spaces for every examination room.
6.
Wholesale trade establishments: one space for each 300 square feet of sales floor or display area and one space for every 1,000 square feet devoted to the warehouse.
7.
Restaurants: one space per 50 square feet of floor area devoted to patron use.
8.
Theaters: one space for each two public seats.
9.
All nonresidential uses below the third (3) floor/ level in the B-2 zoning district are exempt from the parking requirements of this section.
[Ord. No. 2017-51 § 1]
C.
Design, construction and location.
1.
Required parking areas shall be on the same lot as the principal building or premises for which such parking spaces are provided. The applicant may provide the parking on another parcel, which may or may not be contiguous to the parcel, provided that the parking lot is within 1,000 feet from the parcel in which the principal building is located and provides assurances acceptable to the appropriate Board that the parking will remain available in the future. Each parking space shall have minimum dimensions of nine feet by 18 feet.
2.
Parking areas where shopping carts are provided shall provide one or more cart corrals.
3.
Parking areas shall be suitably drained, maintained in good condition and have adequate means of ingress and egress. Off-street parking required in conjunction with nonresidential uses shall be adequately paved and drained in accordance with Township specifications.
4.
Not more than two driveways, of not less than 20 feet nor more than 30 feet in width, used as a means of ingress and egress for nonresidential off-street parking areas, shall be permitted for each three (300) feet of frontage upon a public street, nor shall any driveway be located closer than 30 feet to the intersection of two public streets.
5.
All nonresidential use off-street parking areas shall be adequately lighted, and such lighting shall be focused downward in such a way as not to cause light glare onto adjacent properties.
6.
Parking facilities in the M-1, B4, BP1, BP2 and BP3 zones may be located in any yard space but shall not be closer than 20 feet from any street line where not in conflict with § 18-803.
7.
Handicap parking shall be provided in accordance with the requirements of the New Jersey Barrier-Free Subcode.
9.
Where a residential subdivision is designed so as to not permit on-street parking in accordance with the Residential Site Improvement Standards, the developer shall post "No Parking" signs throughout the development.
D.
Commercial Vehicles Prohibited During Certain Hours.
1.
No commercially-registered vehicles with more than one and one-half (1-1/2) ton payload capacity or more than four wheels (two axles) shall be parked out-of-doors between 6:00 p.m. and 7:00 a.m. in any residential zone. This prohibition shall apply to driveways, parking areas and streets. The parking of light utility trailers of the type used to transport lawn care equipment also shall be prohibited between the hours of 6:00 p.m. and 7:00 a.m. in any residential zone district.
2.
No more than one commercially-registered vehicle with a payload capacity of one and one-half (1-1/2) tons or less and no more than four wheels may be parked overnight in a residential zone district so long as such vehicle is parked in a garage, driveway or a resident's designated parking area, but not on a public street.
18-808 Provisions for Park and Recreation Areas.
A.
The following standards for the provision of common open space pertain to any major subdivision or site plan of residential development in the Township.
1.
Not less than 5% of land area of every residential major subdivision or residential site plan consisting of 25 or more units shall be preserved as common open space or shall be dedicated to active recreational or community facilities.
a.
With the exception of the provisions of § 18-904 below, the required open space area shall be contiguous, free of environmental constraints such as flood plains, wetlands, bodies of water, storm water drainageways and basins (exclusive of underground facilities), or steep slopes. This land shall be utilized for passive or active recreation, community facilities or left as undisturbed open space and/or wildlife habitat.
b.
A plan outlining the cleaning of debris and dead brush and, when required, the selective thinning and removal of diseased, dying or undesirable vegetation to be approved by the Township Engineer.
2.
Buildings or uses for non-commercial recreation, or agricultural purposes compatible with the open space objectives may be permitted only with the express approval of the Board, following the approval of the building and site plans by the Board.
3.
Any land set aside as open space shall be made subject to covenants in a form acceptable to the Board and duly recorded in the office of the County Clerk of Ocean County. All documents pertaining to the conveyance and maintenance of the open space shall meet the approval of the Board as to legal form and effect.
4.
Methods of conveyance: All open space shall be conveyed in accordance with one of the following methods:
a.
Dedication in fee-simple: The Township may, at the discretion of the Township Committee, accept any portion or portions of the open space provided:
(1)
It is determined by the Board that such land is suitable in size, shape, location, and access and the Township Committee may determine that such lands will benefit the general public of the municipality;
(2)
The Township agrees to and has access to maintain such lands;
(3)
The titles are conveyed to the Township without cost;
b.
Conveyance of title to a conservancy, corporation, homeowners association, funded community trust, condominium corporation, individual or other legal entity, provided that:
(1)
The terms of such instrument of conveyance shall include provisions suitable to the municipality assuming such organization will warrant:
(a)
The continued use of such land for the intended purpose in perpetuity;
(b)
Continuity of proper maintenance;
(c)
Adequate insurance protection;
(d)
Provision for payment of applicable taxes;
(e)
The right of the Township to enter upon and maintain such property at the expense of the organization in the event the organization falls to maintain the property; and,
(f)
Such other covenants and/or easements necessary to fulfill the purposes and intent of this section.
B.
Lands set aside for open space shall contain active or passive recreational facilities to service the needs of the residential population in each development. Active and passive recreational facilities can include but not be limited to the following: ball fields, multipurpose fields, tennis courts, multipurpose court areas, children's play areas, passive picnic or sitting areas, swimming pools, bicycle paths and walking or jogging trails.
C.
The requirements of this section relating to the active or passive recreation facilities and the total percentage of open space required within a development may be modified and/or waived by the Board.
For any project consisting of less than or equal to 30 dwelling units, it is recognized as impractical that recreational facilities be constructed and the payment in-lieu-of-construction is encouraged. For any project over 30 dwelling units the above recreation standards shall apply.
D.
The amount of the contribution required pursuant hereto shall be determined by the estimated cost of the passive or active recreation facilities and equipment that would otherwise be required by the proposed development and shall be prorated over the total number of building lots, as shown on the preliminary plans approved by the Board, in order to determine a per lot amount. The maximum contribution per dwelling unit shall not be more than $500.
E.
The cash bequest shall be used exclusively for park and recreation purposes and shall be placed in the current budget line item designated "parks and playgrounds, other expenses." Lakewood Township reserves the right to use said funds for the above referenced purposes anywhere within the Township of Lakewood.
F.
The following are prerequisites for a condominium corporation, homeowners association, or similar entity:
1.
Designation of the open space must be approved by the Board, prior to final plan approval, and the final plats recorded before any dwelling units are sold, leased, or otherwise conveyed;
2.
Membership must be mandatory for each buyer and/or lessee. The organizational papers shall set forth the voting rights and the manner and time of transference of the organization and its assets from developer to homeowner;
3.
It must be responsible for liability insurance, taxes, recovery for loss sustained by casualty, condemnation or otherwise, and the maintenance of recreational and other facilities;
4.
Members or beneficiaries must pay their pro-rata share of the costs, and the assessment levied can become a lien on the property, including any maintenance and associated administrative costs incurred by the municipality;
5.
Such corporation or association shall not be dissolved nor shall it dispose of the open space by sale or otherwise, except to an organization conceived and established to own and maintain the open space. The corporation or association must first offer to dedicate the open space to the Township before any such sale or disposition of open space.
6.
The dedication of open space, streets, or other lands in common ownership of the corporation, association, individual, or other legal entity or the Township shall be absolute and not subject to reversion for possible future use for further development.
18-809 Recycling and Trash Receptacles.
A.
There shall be included in any new multi-family or townhouses in excess than 10 units, or commercial development an indoor or outdoor recycling and trash receptacle area(s) for the collection and storage of materials. The dimensions of the recycling and trash receptacle area(s) shall be sufficient to accommodate recycling and trash bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area(s) in which the project is located. The dimensions of the recycling and trash receptacle area and the size and number of bins or containers shall be determined in consultation with the Department of Public Works. The walls of the enclosures should match the façade of the proposed buildings.
B.
Any common area recycling and trash receptacle area shall be well lit, and shall be safely and easily accessible by personnel and vehicles. Collection vehicles shall be able to access such common the recycling and trash receptacle area without interference from parked cars or other obstacles.
C.
Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in a common outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.
D.
Signs clearly identifying the common recycling and trash receptacle area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
E.
Any common recycling and trash receptacle area must be enclosed behind a wall at least five feet in height, with an opaque self-closing gate. The exterior finish material of the enclosure must be compatible with that of the exterior of the principal structure.
18-811 Sanitary Sewers/Residential Site Improvement Standards (in accordance with N.J.A.C. 5:21-6 and the following).
A.
If a public treatment and collection system is accessible, the subdivider shall construct facilities in such manner as to make adequate sewage treatment available to each lot within the subdivision from said treatment and distribution system. The subdivider may be required to install dry sewers designed to tie into the proposed Township facility.
B.
Any treatment plant and collection system, including individual on-lot septic systems, shall be designed in accordance with the requirements of the State Health Department or Township ordinances enforced by the County Board of Health, whichever is more restrictive, and shall be subject to review and approval by the Township Board of Health and the Township Municipal Utilities Authority or New Jersey American Water Company and the Township Board.
C.
Where required by the Board, sanitary sewers including service laterals and cleanouts at curb side, shall be installed in all streets and easements before the base materials for the streets are in place or the fine grading of the easement is complete, whether such sewers can be put to immediate use.
D.
Where, in the opinion of the Board of Health so expressed to the Board, the subsurface soil characteristics and/or the percolation rate are such to permit subsurface disposal of sewage from individual dwellings as a temporary expedient until the sewers installed in the streets can be connected to the Township sewer system, such temporary subsurface disposal facilities may be permitted and constructed in addition to the sewers in the streets and easements. Sewerage facilities for individual dwellings shall conform with the New Jersey Department of Health code, Chapter 199, P.L. 1954, and current Township regulations and health code.
E.
Sewers in the streets and easements shall be constructed in accordance with the requirements of the Lakewood Township Municipal Utilities Authority or New Jersey American Water Company and in accordance with the Residential Site Improvement Standards shall apply (N.J.A.C. 5:21-6).
18-812 Signs.
[Ord. No. 2013-51; Ord. No. 2015-43; Ord. No. 2016-11 § 3]
Each development application shall include a sign plan showing the specific design, location, size, height, construction and illumination of proposed signs in accordance with the following regulations and § 18-804.05:
A.
General Regulation.
1.
Any sign hereafter erected in Lakewood Township which is exposed to public view shall conform with the provisions of this chapter and any other ordinance or regulation of Lakewood Township or the County, State or Federal government relating to the erection, or maintenance of signs. In the event of conflicting regulations, the most restrictive regulation shall prevail.
2.
No sign, other than exempt signs, shall be erected without first obtaining a sign permit from the Zoning Office. Permit applications for signs larger than six square feet in area shall be accompanied by a plan, drawn to scale, showing details of the sign, its size and location on the building and/or lot. Permits for window signs and changeable copy signs shall be valid as long as there is no change in the area, location, and type of such signs which have been authorized by permit. Fees for sign permits shall be paid in accordance with a fee schedule adopted by the Township Committee.
3.
All signs shall be kept in a proper state of repair, in accordance with the requirements of the Township's Building Code, Property Maintenance Code, and any other pertinent regulations. Signs which fall into such a state of disrepair as to become unsightly or to pose a threat to public safety may be removed by the Township 30 days following notice by certified mail to the owner of record and the Township shall have the right to recover from said owner the full costs of the removal and disposal of such signs.
4.
No permanent sign other than traffic or similar official signs shall be erected within or project over the right-of-way of any public street, except as hereafter provided.
5.
No sign shall be erected that is of such character, form, shape or color that it imitates or resembles any official traffic sign, signal or device, or that has any characteristics which are likely to confuse or dangerously distract the attention of the operator of a motor vehicle on a public street.
6.
No sign shall be erected at the intersection of any streets improved for vehicular traffic within the triangular area formed by the right-of-way lines, and a line connecting them at points 25 feet from their intersection unless the topmost portion of said sign is less than three feet. In no case shall any sign be so erected that it impedes the vision of motorists or pedestrians, or otherwise endangers their safety.
7.
No sign shall be placed on any residential or commercial building rooftop, fence, tree, telegraph, electric light, or public utility pole, or upon rocks or other natural features.
[Ord. No. 2017-30]
8.
The aggregate total area of all permanent signs on a lot shall not exceed the limitations of this section. Permanent signs visible on or through windows, are included within these limitations.
9.
Freestanding signs, except for directional signs or identification signs, shall comply with the following:
a.
Freestanding signs shall be permitted only in a front yard.
b.
No sign shall be erected closer to the street or property line than 15 feet, measured from the nearest portion of the sign to the right-of-way line. (Including the sign face and not necessarily the sign structure)
c.
Signs with two exposures shall be measured for sign area by using the surface of one side of the sign only, however, both sides must be used for the same message.
d.
A freestanding sign and/or a wall sign shall not be utilized together to identify the same establishment on the same street frontage, except as follows:
(1)
A freestanding identification sign and wall identification sign may be utilized together when identifying a shopping center, planned office, industrial park, public facility, public and private schools and houses of worship.
(2)
The area of such signs shall not exceed the maximum area as identified in this section.
10.
Schedule of Sign Use Regulations. Signs shall be permitted in each zoning district according to the following use regulations and other applicable requirements of this section. Standards for the types of signs permitted herein are set forth in this section.
a.
Permitted Signs in Residential Districts: Only one of these listed may be placed on any one lot.
Uses or Function | Type of Sign Permitted | Other Regulations |
|---|---|---|
Identification | Ground, Wall | Notwithstanding size standards contained in this section, the maximum size of a sign shall not exceed four square feet, and four feet in height. |
Nameplate | Ground, Projecting, Wall | Notwithstanding size standards contained in this section, the maximum size of a sign shall not exceed one and one-half (1 1/2) square feet, and four feet in height. |
"No Solicitation" | Wall | Sign shall be located on or within two feet of front door and shall not exceed one square foot, and four feet in height. |
b.
Permitted signs in non-residential districts:
Uses or Function | Types of Sign Permitted | Other Regulations |
|---|---|---|
Real Estate Advertising | Ground | Only one per lot permitted on undeveloped lots |
Business | Ground and Wall | Only one type of sign permitted for each separate street frontage of a business occupancy.(1) |
Directory | Ground | Only two signs per lot are permitted at its main ingress or egress points |
Nameplate | Ground, Projecting, Wall | Only one type of sign permitted for each occupant of a lot. Notwithstanding this section, maximum sign area shall not exceed eight sq. ft. |
"No Solicitation" | Wall | Signs shall be located on or within two feet of front door and shall not exceed one square foot, and four feet in height. |
(1) If a wall of a building housing a business has exposure to a street but does not have frontage on the same street, one additional wall sign may be permitted on that wall. The height, area, dimensions, and construction of the sign shall be in accordance with all applicable requirements and limitations of this section. |
11.
Sign Standards. The types of signs permitted in this section shall comply with the standards listed in the schedule below and shall also be subject to other applicable regulations as set forth herein.
a.
Nonresidential sign standards for freestanding signs.
Abutting R.O.W. | |||
|---|---|---|---|
All Lanes of Traffic | Speed (mph) | Max Sign Area (SF) | Max Height (ft) |
2 | 15-25 | 15 | 5 |
30-40 | 35 | 6 | |
45-55 | 75 | 20 | |
4 | 30-40 | 50 | 18 |
45-55 | 120 | 22 | |
6 | 30-40 | 65 | 20 |
45-55 | 130 | 24 | |
b.
Height Exceptions: Projections which are decorative and do not total more than 10% of the total sign size, or 20% of the vertical dimension of the sign shall not be counted in the height.
12.
Prohibited Signs.
Any other provisions of this section notwithstanding, the following signs shall be prohibited in all zoning districts:
a.
Signs which contain or are an imitation of an official traffic signal or hide from view any traffic street signal or sign.
b.
Billboards and other signs which advertise, promote, indicate the location of, or otherwise direct attention to a business, product, service or establishment that is not available on the lot upon which the sign is located, except where digital billboards are conditionally permitted by this act.
[Ord. No. 2016-11 § 3]
c.
Signs which are designed to move, either by mechanical or other means.
d.
Signs which contain or consist of banners, posters, pennant ribbons, streamers, strings of light bulbs, spinners, or other similarly moving devices.
e.
Signs which flash, except for time and temperature indicator.
f.
Signs which emit odors or smoke or produce noise or sounds capable of being heard even though the sounds produced are not understandable.
g.
Silhouetted or three dimensional signs; e.g., signs lacking a background and having letters, figures, or devices silhouetted against the sky or other open space not a part of the sign, and, or signs in which objects or representational devices are present in the round, or other than in a vertical plane.
h.
Pole mounted signage.
13.
Supplementary Sign Regulations and Design Considerations.
The following regulations shall also apply to all permitted signs as set forth herein:
a.
Interior Signs. No interior sign shall cover more than 25% of the window upon which it is affixed, displayed, or painted. The Zoning Official may, upon written application, grant permission during or prior to community wide sales days for interior signs to cover not more than 50% in area of each window, but such signs shall not be maintained for more than 15 days.
b.
Canopy, Awning and Marquee Signs. Signs shall not be permitted on any canopy, awning or marquee, other than signs built into and forming a part of the structure of the canopy, awning or marquee. Such canopy, awning or marquee signs shall not exceed a height of three feet, a total area of 21 square feet on any one side and shall not extend beyond the canopy, awning or marquee's edge. Further, only that portion of the canopy, awning or marquee containing such sign may be illuminated. Minimum clearance, when over a walkway or sidewalk, not in a public right of way, shall be eight feet; when over a thoroughfare, not in a public right of way, it shall be 10 feet.
c.
Wall signs. Wall signs shall be attached to the face of the building in a plane parallel to such face and projecting not more than 12 inches therefrom and shall not extend higher than the top of the parapet.
(1)
No wall sign or combination of signs on any single frontage in a business district, including interior signs, shall exceed an area equivalent to 100% of the linear length of the structure on such frontage or a maximum of 100 square feet, whichever is less, for said structure.
[Amended 8-17-2023 by Ord. No. 2023-28]
(2)
Where an establishment for which business signs are permitted has a rear entrance on a public way or frontage on two or more streets, such as a corner, wall signs shall be permitted as established in this section.
(3)
Wall signs shall not cover wholly or partially, any wall opening including doors, fire escapes, and windows, nor project beyond the ends of the wall to which it is attached. All such signs must be safely and adequately attached to said building wall by means satisfactory to the Construction Official.
d.
Changeable Copy Signs. Permitted as a conditional use provided the following standards are met:
(1)
The need for a changeable copy sign is demonstrated on the basis of the public's need to be appraised of special events, attractions, or similar time-related notices. Changeable copy shall not be used to advertise merchandise or special sales events. Prices of limited products which are typically provided to the general public, such as gasoline prices, may be displayed on a changeable copy sign.
(2)
All such signs shall be permanently affixed to the ground or to a structure.
(3)
Copy shall be changed electronically or by means of moveable lettering which is more than one-eighth (1/8) inch in thickness.
(4)
Changeable copy signs may not be located in any residential zoning district.
(5)
Changeable copy signs may be either freestanding or marquee signs.
(6)
No more than one changeable copy sign shall be permitted per use, per street frontage.
(7)
The sign area of a changeable copy sign shall be included in the total permissible sign area for a freestanding or marquee sign.
(8)
A changeable copy sign must be part of a site identification sign and shall not stand alone.
(9)
Any sign utilizing computer controlled moveable illumination symbols or lettering shall be subject to the following:
(a)
The sign shall be restricted to no more than three lines of text.
(b)
All illumination elements on the face of the sign shall remain at a fixed level of illumination for a period of not less than four seconds.
(c)
Changes from one message to another shall be accomplished by the change of all illumination elements on the face of the sign simultaneously, with the provision that the sign may fade to complete darkness and then re-illuminate with or fade to the new message.
(d)
Scrolling of messages shall not be permitted.
(e)
No representation of images other than letters and numbers shall be permitted.
(f)
The signs shall be equipped with the ability to adjust the brightness of the sign, and shall not be operated at a brightness that is substantially greater than other sources of illumination in the area.
e.
(Reserved)
f.
Sign Location. Signs may be located on a lot so that they shall not be in or within the public right of way nor interfere with sight distances at street intersections or ingress and egress points to a lot. Signs designed to be seen from vehicles should be perpendicular to the line of travel while signs designed to be read on foot can be parallel with walks. To the extent possible, adjacent signs on the same or adjoining buildings should be placed within the same horizontal band and be of reasonably harmonious materials and colors.
g.
Maximum Sign Dimension. The minimum sign outline dimension in any direction shall be no more than 1/3 the maximum sign outline dimension.
h.
Design Theme. There should be a consistent sign design theme throughout a particular project. The design theme would include style of lettering, construction, material, type of pole or standard, (i.e. wood or metal), size, and lighting. Color of letters and background should be carefully considered in relation to building material color or where the signs are proposed to be located. Signs should be a subordinate rather than predominant feature of a plan.
i.
Sign Lettering. The general standard for directional signs is a letter size of two inches plus one additional inch for each 25 feet of viewing distance. A sign designed to be read from 100 feet should have letters of at least six inches high. Adjacent signs should be of the same height.
j.
Landscaping. The base of any freestanding sign shall be landscaped to visually buffer the sign elements.
B.
Exempted Signs. The following signs are exempt from the need to secure sign permits:
1.
Decorations for a recognized officially designated holiday provided they do not create a traffic or fire hazard, and provided that provision is made for their removal within 30 days after the holiday.
2.
Official municipal, County, State, or Federal governmental signs.
3.
Memorial or historic markers when approved by the Board or Historical Preservation Commission and when not more than six square feet in area.
4.
Change in the copy of a changeable copy sign or marquee sign, once a permit for that sign has been issued.
5.
Political signs provided they do not impede site visibility at all street and property lines, and are not more than 32 square feet. Political signs shall be permitted within 30 days prior to any municipal, County, State or National election or referendum and are removed within seven days after the election or referendum.
6.
Street number designations, names on mailboxes or residences, postal boxes, "Private Property," "No Hunting," "No Trespassing," onsite directional and parking signs and warning signs are permitted in all zoning districts but are not considered in calculating sign area. No such signs shall exceed two square feet.
7.
Temporary yard or garage sale signs. Such signs may not exceed four square feet; may not be erected more than seven days prior to such sale; and, must be removed within 48 hours after the sale. No premise shall be permitted to erect such signs more than two times in any calendar year.
8.
Temporary real estate signs on the lot on which the real estate for rent, lease or sale is located. Said sign for a lot under five acres may not be larger than six square feet nor more than four feet high. Said sign for a lot five acres or more may not be larger than 32 square feet nor more than five feet high. They must be removed within seven days of the sale, rental, or lease of the premise to which the sign relates.
9.
Sale or rent signs. Sign(s) advertising that the premises are for lease, sale or rent are permitted, provided that each real estate firm shall be limited to one such sign not to exceed 12 square feet in area on each lot or parcel of property for which such firm has a bona fide listing and that such sign shall be removed from the premises within 10 days subsequent to the leasing, sale or rental of such premises.
10.
Temporary signs announcing an event sponsored by a Lakewood Township-based nonprofit organization, provided that such signs are set back at least 15 feet from any street or property line, each sign is not greater than 24 square feet and no higher than five feet, and that such signs are only erected within 14 days prior to the event and removed within three days after the event.
11.
Emergency warning signs erected by a public utility, pipeline company, or contractor doing such work authorized or permitted by such utility or company. Such signs may be illuminated.
12.
Flags of the United States, the States, County or municipality, and any other flag adopted and sanctioned by an elected legislative body of competent jurisdiction, provided that such flag shall not exceed 60 square feet in area and shall not be flown from a pole that exceeds 35 feet in height. Other flags shall be considered freestanding signs and shall be governed by such regulations that may apply in the zoning district in which such flag is located. Flags may be illuminated.
13.
Residential freestanding signs provided that the size of the sign does not exceed four square feet in area nor four feet in height and shall be set back a minimum of 15 feet from a street line or property line.
14.
Temporary signs of contractors, mechanics, painters, paperhangers and/or artisans, on the lot on which the contracting work is being performed. Said signs may not be larger than six square feet nor more than four feet high. They must be removed within seven days of the completion of the work to which the sign relates.
C.
Temporary Signs.
1.
Temporary project development signs shall be permitted where final approval of a major site plan or major subdivision has been granted by a board of competent jurisdiction and which indicate the name of the development, developer, financier, or major contractor; provided that no more than one sign per street frontage is erected and the sign area does not exceed 32 square feet or six feet in height. All such signs shall be removed within 14 days of the issuance of a certificate of occupancy that permits the occupation of a building in the case of a non-residential development, or when 95% of the dwelling units in a residential development have been issued certificates of occupancy.
2.
Grand Opening Signs are permitted, provided that:
a.
Such signs are removed within 30 days of the initial opening of the business or change in the ownership of the premises on which the sign is located.
b.
Grand opening signs may be wall signs, freestanding signs, or banners.
c.
Grand opening signs shall not exceed the total sign area permitted on the premises for permanent signs. Such signs shall be permitted in addition to any permanent signage allowed. For the purpose of this subsection, the total sign area of banners and freestanding signs shall not exceed 40 square feet and six feet in height. Further, banners may only be located on building fronts, and not used as a freestanding sign.
3.
Special sale signs are permitted, provided that:
a.
Such signs are permitted for 90 days within a calendar year.
b.
Special sale signs may be wall signs, banners, or ground signs.
c.
Special sale signs shall not exceed the total sign area permitted on the premises for permanent signs. Such signs shall be permitted in addition to any permanent signage allowed. For the purpose of this subsection, the total sign area of banners and freestanding signs shall not exceed 40 square feet and six feet in height. Further, banners may only be located on building fronts, and not used as a freestanding sign.
D.
Signs for Public and Private Schools and Houses of Worship.
1.
Public and Private Schools and houses of worship in non-residential districts shall be permitted the same signage permitted for commercial uses in those districts.
2.
Public and private schools and houses of worship in residential districts:
a.
Public and private schools and houses of worship shall be permitted one freestanding sign and one wall-mounted sign per street frontage.
(1)
The free standing sign shall not exceed 20 square feet and shall not exceed five feet in height.
(2)
All freestanding signage should be monument style signage. No pole mounted signage is permitted.
(3)
No wall mounted or freestanding signs shall be internally illuminated.
(4)
Wall-mounted signage shall not exceed 15 square feet. Lettering on wall-mounted signage shall not exceed 18 inches in height.
(5)
Lettering or symbols carved within the building façade shall have no size requirement and shall be located on any façade of the building.
E.
Temporary Advertising Signs at Local Events. The purpose of this subsection is to regulate and control temporary advertising signs at local events.
1.
Temporary advertising signs may be placed at public locations and private property with the permission of the private property owner.
2.
No sign shall exceed 18 inches by 24 inches in dimension.
3.
There shall be a one hundred ($100) dollar fee paid for this permit. In addition, there will be a one ($1) dollar fee charged for each temporary advertising sign placed within the Township. These fees will be paid by the applicant to the Township, through the Zoning Officer, at the time of application, prior to any signs being placed. These fees are non-refundable.
4.
These signs will be permitted to be displayed for a maximum of 25 days. A $500 deposit will be paid to the Zoning Officer by the applicant prior to any signs being placed. If any of the signs are still displayed after 25 days, the Township will remove and destroy them. If all of the signs are removed within the 25 day time frame, the $500 deposit will be returned to the applicant.
5.
The applicant will be issued a permit number to be placed on the sign, along with the date as it appears on the application. Failure to do so will negate the return of the five hundred ($500) dollar deposit.
6.
Application for the permit for each sign shall be made to the Zoning Officer on a form promulgated by the Zoning Officer.
[Ord. No. 2015-43]
18-813 Site Design.
A.
General design requirements for all non-residential districts are as follows.
1.
All buildings in a development shall be compatibly designed, whether constructed all at one time or in stages over a period of time. All building walls facing any street or residential district line shall be suitably finished for aesthetic purposes.
2.
All portions of the property not utilized by buildings or paved surfaces shall be landscaped or left in an undisturbed state.
3.
The established grades on the site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion and silting as well as assuring that the capacity of any natural or man-made drainage system is sufficient to handle the water generated and anticipated both from the site and contributing upstream areas.
4.
Not more than one point of ingress and/or egress shall be permitted within 50 feet of another point of ingress and/or egress serving the same tract.
18-814 Streets/Residential Site Improvement Standards.
A.
All subdivisions shall be served by paved public streets with an all-weather base and pavement with an adequate crown. The arrangement of streets not shown on the Master Plan or Official Map, as adopted by the Township, shall be such as to provide for the appropriate extension of existing streets and should conform with the topography as far as practicable.
B.
The developer shall submit plans, profiles, cross sections and design for the work to the Township Engineer for approval prior to the start of any construction and at their own expense, grade all streets for their full width, unless exempted by the Board, in conformity with the terrain and good engineering practices; shall have all underground utilities installed prior to any street paving construction; shall construct adequate underground pipe drainage systems to carry off surface waters; shall construct streets in accordance with specifications shown below; and, shall install a base course and shall install recharge facilities where appropriate, which may be located in the Township right-of-way.
C.
In the event that a subdivision adjoins or includes existing Township streets that do not conform to widths as shown on the adopted master plan and/or official map or the street width requirements of this article, additional land along either or both sides of said street sufficient to conform to the right-of-way requirements as specified in the Township Master Plan shall be dedicated to the Township for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way and shall be expressed on the plat as follows: Street right-of-way easement granted to the Township of Lakewood permitting the Township to enter upon these lands for the purposes provided for and expressed in this chapter of the Township of Lakewood. This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair or maintain the facilities in the area dedicated by ordinance and/or as shown on the plat and/or as provided for by any maintenance or performance guaranties. If the subdivision is along one side only, one half (1/2) of the required extra width shall be dedicated. For a major subdivision, that portion of the existing street or road adjoining or included within the subdivision shall be improved, including excavation, grading, gravel base and surfacing, in accordance with the road improvement standards of this article.
D.
All changes in grade where the algebraic difference in grade is 1% or greater shall be connected by a vertical curve having a length of at least 50 feet for each 2% difference in grade or portion thereof and providing minimum sight distance, of 200 feet for local streets, 275 feet for collector street and 475 feet for an arterial street.
E.
In all subdivisions, the minimum street right-of-way shall be measured from lot line to lot line.
F.
For both major and minor subdivisions, sight triangle easements shall be required at all intersections, in addition to the right-of-way, which is outlined above, in which no grading, planting or structure shall be erected or maintained more than three feet above the street center line except for street signs, fire hydrants and light standards. Sight triangles shall conform to RSIS standards.
G.
No street shall have a name, which will duplicate or so nearly duplicate the name of an existing street that confusion results. The continuation of an existing street shall have the same name. Curvilinear streets shall change their names only at street intersections.
H.
Continuous open driveways in excess of the permitted maximum width as specified in § 18-807 shall be prohibited.
I.
The pavement width of streets and the quality of surfacing and base materials shall adhere to the minimum standards set forth by the Township, County or State Engineers when said paving concerns roads under their jurisdiction and where such standards exist. Concerning streets under the jurisdiction of the Township, the following standards shall apply:
1.
In non-residential developments, the minimum total asphalt thickness for all pavements shall be seven inches. The use of alternate materials for subbase is permitted on an equivalent asphalt basis (i.e., one inch of asphalt equals one and three-fourths (1 3/4) inches of soil aggregate, Type 5, Class A; one inch of asphalt also equals two and one-half (2 1/2) inches of soil aggregate, Type 5, Class B). The minimum top shall be two inches of FABC-1, Mix No. 5. The above minimum pavement thickness is based upon a California Bearing Ratio (C.B.R.) value of eight, and if actual C.B.R. results indicate higher values, a lesser pavement thickness will be entertained by the Township Engineer's approval, subject to the Township Manager's approval.
2.
Prior to placing the surface course, the base course shall have a tack coat of bituminous material. All of the above construction shall be in accordance with current New Jersey Department of Transportation Standard Specifications and supplements thereto on file in the office of the Township Engineer. The standard specifications are further supplemented to require that, prior to placing final surface course, the intermediate base course may be open to traffic and shall so remain for at least one winter season. Thereafter, the Township Engineer shall inspect the pavement and will require areas of pavement failure to be removed and replaced, settled areas shall be leveled with hot mixed bituminous concrete. The Township Engineer may require compacted select fill or approved subbase material as needed to replace native subgrade material.
3.
All traffic lanes, both moving and parking, shall be striped in accordance with the Manual on Uniform Traffic Control Devices, as amended. (U.S. Department of Transportation, Federal Highway Administration, 1971).
4.
The work shall be inspected through the course of construction by the Township Engineer or his duly authorized representative, who shall be notified before any work is started or continued.
J.
The approval by the Board or other Township agency of any map of land delineating streets shall in no way be construed as an acceptance of any street indicated thereon.
K.
Construction standards as specified herein, shall also apply to any private street as may be part of a development application receiving preliminary approval by the Board.
L.
Fire lanes located in other than those paved portions of a lot shall be designed such that the subsurface base be at least 12 feet wide over a quality subsoil necessary and sufficient to support use by Township fire vehicles. The subsurface base may be covered with at least two inches of topsoil prior to the placement of sod or alternative paving block or similar decorative paving may be used. Final design shall be approved by the Township Engineer.
M.
Curbs and sidewalks shall be provided on all new streets and any streets abutting proposed development or major subdivision.
N.
Curbs. Unless otherwise approved, curbs shall be constructed of Portland cement air entrained concrete, Class C, having a standard strength of 4,500 pounds per square inch. Depressed curbs at driveways shall have a full depth of 18 inches.
O.
Sidewalks. All required sidewalks, except in areas where the Residential Site Improvement Standards shall apply (N.J.A.C. 5:21-5), shall be a minimum of four feet wide by four inches thick, where reasonable, except at driveways and aprons where they shall be six inches thick. Sidewalks shall be constructed of Portland cement air entrained concrete, Class C 1 having a standard strength of 4,000 pounds per square inch.
Q.
Street Signs.
1.
All street signs shall have reflectorized white letters on a green background (e.g., type E 450 or equal). Both signs and poles shall either be of nonferrous metal or galvanized steel. Neighborhood or directional signs shall be installed on major roads to aid in circulation.
2.
All signs shall be mounted on two inch diameter posts embedded in concrete.
3.
Street signs shall be approved by the Township Engineer prior to ordering by the developer.
4.
Street signs shall comply with the requirements contained within the Manual of Uniform Traffic Control Devices.
5.
Street signs shall be installed by the developer upon the completion of the base course of each roadway within the development. No certificates of occupancy will be issued until the signs are installed and approved by the appropriate Township officials.
18-815 Stormwater Management/Residential Site Improvement Standards.
A.
General.
1.
All storm drainage systems consisting of catch basins, underground sewers, paved swales, box culverts, rip rap or otherwise stabilized stream banks, dams, retention basins and swales, trash racks, and other devices shall be installed so that all stormwater is led to and confined in natural drainage channels without causing erosion. Bicycle safe storm sewer gratings are required. They shall also be designed in accordance with the standards established in this article.
2.
Concrete pipe is preferred to box culverts for drainage under roads. In such cases an easement of appropriate width.
3.
Storm sewer requirements and standards for all development shall be those required by the New Jersey Residential Site Improvement Standards (NJRSIS). For nonresidential development, the following requirements shall also apply.
4.
All major site and subdivision plan development plans shall include a Stormwater Management Report prepared, signed and sealed by an engineer licensed by the State of New Jersey. The report is to analyze pre-and post-development conditions and conveyance system design. Drainage area maps are to be provided. Calculations justifying runoff coefficients, travel time, flow rates, flow volumes, storage volumes and discharge rates, pipe routing tables, etc, are to be included.
5.
The stormwater management plans submitted shall demonstrate careful consideration of the general and specific concerns, values and standards of the Township Master Plan and applicable County, regional and State storm drainage control programs, any County Mosquito Commission control standards, and shall be based on environmentally sound site planning, engineering and architectural techniques.
6.
Development shall use the best available technology to minimize off-site stormwater runoff, increase on-site infiltration, simulate natural drainage systems, and minimize off-site discharge of pollutants to ground and surface water and encourage natural filtration functions. Best available technology may include measures such as detention or retention basins, recharge trenches, piping, contour terraces and swales.
7.
It shall be the policy of the Board to minimize the number of basins by encouraging the joint use of basins between various developments and minimizing the number of basins within a development.
8.
When required in appropriate situations for safety purposes, all basins shall be surrounded by a fence with a minimum height of three feet. The fence shall be a "Superior-Rail" system as designed by Superior Concrete Products or similar product which shall be approved by the Department of Public Works.
B.
Detention Facilities: Maintenance and Repair.
1.
Responsibility for operation and maintenance of detention facilities, including periodic removal and disposal of accumulated particulate material and debris, shall remain with the owner(s) of the property with permanent arrangements that it shall pass to any successive owner, unless assumed by a government agency. If portions of the land are to be sold, legally binding arrangements shall be made to pass the basic responsibility to successors in title. These arrangements shall be designated for each project, the property owner, governmental agency, or other legally established entity to be permanently responsible for maintenance, hereinafter referred to as the responsible person.
2.
Prior to granting approval to any project subject to review under this chapter, the developer shall enter into an agreement with the municipality (or County) to ensure the continued operation and maintenance of the detention facility. This agreement shall be in a form satisfactory to the Board Attorney, and may include, but may not necessarily be limited to deed restrictions, covenants, and bonds. In cases where property is subdivided and sold separately, a homeowners association or similar permanent entity should be established as the responsible entity, absent an agreement by a governmental agency to assume responsibility.
3.
In the event that the detention facility becomes a danger to public safety or public health, or if it is in need of maintenance, the municipality shall so notify in writing via certified mail the responsible person. From that notice, the responsible person shall have 14 days to effect such maintenance and repair of the facility in a manner that is approved by the Municipal Engineer or their designee. If the responsible person fails or refuses to perform such maintenance and repair, the municipality may immediately proceed to do so and shall bill the cost thereof to the responsible person.
4.
See Subsection 18-815.1.9B12 for maintenance fees for stormwater management facilities.
[Ord. No. 2017-42; Ord. No. 2018-27]
5.
The plans are to include notes pertaining to restoration procedures and a long term maintenance schedule and procedures. Maintenance shall include mowing, leaf removal, debris removal, inspection, desilting, and any other work specific for the facility; to include but not limited to inlet and outflow piping, overflow and trash racks, ladders, steps and rungs, fencing, signage, etc.
[Ord. No. 2017-42]
C.
Stormwater Management: Detention Basin Locations.
1.
Low maintenance, water tolerant grasses, or wildflower seed mix shall be used as appropriate. Type of vegetation used shall be compatible with the site.
2.
Landscaping may be required around basins.
3.
All basins, regardless of ownership, shall have access leading to a public right-of-way. The access should include a stabilized surface suitable for the passage of maintenance and inspection equipment and vehicles. An easement granting the municipality the right to access and perform work in the basin should be granted.
D.
Stormwater Management: Discharge Location.
1.
The development plans should illustrate all topographical features and structures downstream of all basin discharges, emergency spillways, stormwater outfalls and swales, for a sufficient distance to evaluate the impact of discharge. A stability analysis of the downstream flow path should be provided. Impacts on structures and/or private property should be reviewed.
2.
The impact of increased runoff volume from basins should also be reviewed.
3.
Easements should be provided at all points of discharge onto adjacent properties, regardless of the use of basins, swales, or pipelines to convey the flow to the property line.
18-815.1 Stormwater Control.
[Repealed and replaced 7-18-2024 by Ord. No. 2024-023. History includes Ord. No. 2006-22, Ord. No. 2007-1, Ord. No. 2013-76, Ord. No. 2018-27, Ord. No. 2018-65 and Ord. No. 2021-20.
Editor's Note: The term "this section" as used in subsections 18-815.1.1 through 18-815.1.15 refer the Section 18-815.1 including subsections 18-815.1.1 through 18-815.1.15.
18-815.1.1 Scope and Purpose.
[Added 7-18-2024 by Ord. No. 2024-023]
A.
Policy Statement.
Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure Best Management Practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.
B.
Purpose.
The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in § 18-815.1.2.
C.
Applicability.
2.
This section shall also be applicable to all major developments undertaken by Township of Lakewood.
3.
An application required by ordinance pursuant to C1 above that has been submitted prior to July 18, 2024, shall be subject to the stormwater management requirements in effect on July 17, 2024.
4.
An application required by ordinance for approval pursuant to C1 above that has been submitted on or after March 2, 2021, but prior to July 18, 2024, shall be subject to the stormwater management requirements in effect on July 17, 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 section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.
18-815.1.2 Definitions.
[Added 7-18-2024 by Ord. No. 2024-023]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
Means those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
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).
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 section.
Means the increase in soil bulk density.
Means the area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.
Means a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
Means an agency designated by the County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
Means the Department of Environmental Protection.
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.
Means a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
Means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlarge-enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
In the case of development of agricultural land, development 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.
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.
Means a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.
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.
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.
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.
Means the detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
Means a stormwater management measure that manages stormwater close to its source by:
Means an area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
Means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
Is the process by which water seeps into the soil from precipitation.
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.
Means an individual "development," as well as multiple developments that individually or collectively result in:
The disturbance of one or more acres of land since February 2, 2004;
The creation of 1/4 acre or more of "regulated impervious surface" since February 2, 2004;
The creation of 1/4 acre or more of "regulated motor vehicle surface" since March 2, 2021; or
A combination of B and C above that totals an area of one-quarter acre or more. The same surface shall not be counted twice when determining if the combination area equals one-quarter acre or more.
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of paragraphs 1, 2, 3, or 4 above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development." |
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.
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, race-tracks, and runways.
Means any city, borough, town, township, or village.
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 section. 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 section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with subsection 18-815.1.4F 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 section.
Means an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
Means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
Means any individual, corporation, company, partnership, firm, association, political subdivision of this State and any state, interstate or Federal agency.
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.
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.
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.
Means the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
Means any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater conveyance system (for the purpose of this definition, a "new stormwater conveyance system" is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.
Means any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving water;
A net increase in motor vehicle surface; and/or quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.
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.
Means the lot or lots upon which a major development is to occur or has occurred.
Means all unconsolidated mineral and organic material of any origin.
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.
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.
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.
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).
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.
Means a public body authorized by legislation to prepare stormwater management plans.
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.
Means water flow on the surface of the ground or in storm sewers, resulting from precipitation.
Means a flood hazard area in which the flood elevation resulting from the two-, ten-, or 100-year storm, as applicable, is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent of the storm surge from a particular storm event, a flood hazard area may be tidal in the 100-year storm, but fluvial in more frequent storm events.
Means a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.
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.
Is defined as previously developed portions of areas:
Means a structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.
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.
Means an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
18-815.1.3 Design and Performance Standards for Stormwater Management Measures.
[Added 7-18-2024 by Ord. No. 2024-023]
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 section apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or Water Quality Management Plan adopted in accordance with Department rules.
Note: Alternative standards shall provide at least as much protection from stormwater-related loss of groundwater recharge, stormwater quantity and water quality impacts of major development projects as would be provided under the standards in N.J.A.C. 7:8-5.
18-815.1.4 Stormwater Management Requirements for Major Development.
[Added 7-18-2024 by Ord. No. 2024-023]
A.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with subsection 18-815.1.10.
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 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).
C.
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 18-815.1.4P, 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 § 18-815.1.4O, 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 alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of § 18-815.1.4O, P, Q and R to the maximum extent practicable;
3.
The applicant demonstrates that, in order to meet the requirements of § 18-815.1.4O, 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 § 18-815.1.4D.3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 18-815.1.4O, 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 § 18-815.1.4O, 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 section the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.
Table 1 Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity | ||||
|---|---|---|---|---|
Best Management Practice | Stormwater Runoff Quality TSS Removal Rate (percent) | Stormwater Runoff Quantity | Groundwater Recharge | Minimum Separation from Seasonal High Water Table (feet) |
Cistern | 0 | Yes | No | — |
Dry well(a) | 0 | No | Yes | 2 |
Grass swale | 50 or less | No | No | 2(e) 1(f) |
Green roof | 0 | Yes | No | — |
Manufactured treatment device(a)(g) | 50 or 80 | No | No | Dependent upon the device |
Pervious paving system(a) | 80 | Yes | Yes(b) No(c) | 2(b) 1(c) |
Small-scale bioretention basin(a) | 80 or 90 | Yes | Yes(b) No(c) | 2(b) 1(c) |
Small-scale infiltration basin(a) | 80 | Yes | Yes | 2 |
Small-scale sand filter | 80 | Yes | Yes | 2 |
Vegetative Filter Strip | 60 to 80 | No | No | — |
(Notes corresponding to annotations(a) through(g) are found following Table 3) |
Table 2 Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3) | ||||
|---|---|---|---|---|
Best Management Practice | Stormwater Runoff Quality TSS Removal Rate (percent) | Stormwater Runoff Quantity | Groundwater Recharge | Minimum Separation from Seasonal High Water Table (feet) |
Bioretention system | 80 or 90 | Yes | Yes(b) No(c) | 2(b) 1(c) |
Infiltration basin | 80 | Yes | Yes | 2 |
Sand filter(b) | 80 | Yes | Yes | 2 |
Standard constructed wetland | 90 | Yes | No | N/A |
Wet pond(d) | 50 to 90 | Yes | No | N/A |
(Notes corresponding to annotations(b) through(d) are found following 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 corresponding to annotations(b) through(d) are found following Table 3) |
Notes to Tables 1, 2, and 3: | |
(a) | Subject to the applicable contributory drainage area limitation specified at § 18-815.1.4O2; |
(b) | Designed to infiltrate into the subsoil; |
(c) | Designed with underdrains; |
(d) | Designed to maintain at least a ten-foot wide area of native vegetation along at least 50% of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation; |
(e) | Designed with a slope of less than 2%; |
(f) | Designed with a slope of equal to or greater than 2%; |
(g) | Manufactured treatment devices that meet the definition of green infrastructure at § 18-815.1.2; |
(h) | Manufactured treatment devices that do not meet the definition of green infrastructure at § 18-815.1.2. |
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 § 18-815.1.4B. Alternative stormwater management measures may be used to satisfy the requirements at § 18-815.1.4O only if the measures meet the definition of green infrastructure at § 18-815.1.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 18-815.1.4O.2 are subject to the contributory drainage area limitation specified at § 18-815.1.4O.2 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 § 18-815.1.4O.2 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 § 18-815.1.4D is granted from § 18-815.1.4O.
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 one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 18-815.1.8C;
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, 7.4, and 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 § 18-815.18; 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 § 18-815.1.2 may be used only under the circumstances described at § 18-815.4O4.
K.
Any application for a new agricultural development that meets the definition of major development at § 18-815.1.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 18-815.1.4O, 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 § 18-815.1.4P, 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 Office of the Ocean County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 18-815.1.4O, 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 § 18-815.1.10B5. 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 Section IV of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and then be subsequently recorded by the applicant with the Ocean County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with paragraph 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 paragraph 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 § 18-815.1.4P and Q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 18-815.1.4F and/or an alternative stormwater management measure approved in accordance with § 18-815.1.4G. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
Best Management Practice | Maximum Contributory Drainage Area |
|---|---|
Dry well | 1 acre |
Manufactured treatment device | 2.5 acres |
Pervious pavement systems | Area of additional inflow cannot exceed three times the area occupied by the BMP |
Small-scale bioretention systems | 2.5 acres |
Small-scale infiltration basin | 2.5 acres |
Small-scale sand filter | 2.5 acres |
3.
To satisfy the stormwater runoff quantity standards at § 18-815.1.4R, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with § 18-815.1.4G.
4.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 18-815.1.4D 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 § 18-815.1.4G may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 18-815.1.4P, 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 § 18-815.1.4P, Q and R, unless the project is granted a waiver from strict compliance in accordance with § 18-815.1.4D.
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 § 18-815.1.5, 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 § 18-815.1.4D of this section, is infiltrated.
3.
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to paragraph 4 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 one-quarter 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.
Eighty percent TSS removal of the anticipated load, expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.
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 two 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 take into account the distribution of rain from the water quality design storm, as reflected in Table 4, below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.
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, and |
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 § 18-815.1.4P, 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 Section V, 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-, ten-, and 100-year storm events, as defined and determined in § 18-815.1.5C and D, respectively, of this section, 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-, ten-, and 100-year storm events, as defined and determined pursuant to § 18-815.1.5C and D, respectively, of this section, 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-, ten-, and 100-year storm events, as defined and determined in § 18-815.1.4C and D, respectively, of this section, are 50%, 75%, and 80%, respectively, of the preconstruction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or
d.
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with § 18-815.1.4R2a, 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.
18-815.1.5 Calculation of Stormwater Runoff and Groundwater Recharge.
[Added 7-18-2024 by Ord. No. 2024-023]
A.
Stormwater runoff shall be calculated in accordance with the following:
1.
The design engineer shall calculate runoff using the following method:
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 "number" applies to the NRCS methodology above at § 18-815.1.5A1. 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 pre-construction 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 take into account 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/nigs/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-, ten-, and 100-year storm events shall be determined by multiplying the values determined in accordance with items 1 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 | |
Atlantic | 1.01 | 1.02 | 1.03 |
Bergen | 1.01 | 1.03 | 1.06 |
Burlington | 0.99 | 1.01 | 1.04 |
Camden | 1.03 | 1.04 | 1.05 |
Cape May | 1.03 | 1.03 | 1.04 |
Cumberland | 1.03 | 1.03 | 1.01 |
Essex | 1.01 | 1.03 | 1.06 |
Gloucester | 1.05 | 1.06 | 1.06 |
Hudson | 1.03 | 1.05 | 1.09 |
Hunterdon | 1.02 | 1.05 | 1.13 |
Mercer | 1.01 | 1.02 | 1.04 |
Middlesex | 1.00 | 1.01 | 1.03 |
Monmouth | 1.00 | 1.01 | 1.02 |
Morris | 1.01 | 1.03 | 1.06 |
Ocean | 1.00 | 1.01 | 1.03 |
Passaic | 1.00 | 1.02 | 1.05 |
Salem | 1.02 | 1.03 | 1.03 |
Somerset | 1.00 | 1.03 | 1.09 |
Sussex | 1.03 | 1.04 | 1.07 |
Union | 1.01 | 1.03 | 1.06 |
Warren | 1.02 | 1.07 | 1.15 |
D.
Table 6: Future Precipitation Change Factors provided below sets forth the change factors to be used in determining the projected two-, ten-, and 100-year storm events for use in this section, which are organized alphabetically by county. The precipitation depth of the projected two-, ten-, and 100-year storm events of a site shall be determined by multiplying the precipitation depth of the two-, ten-, and 100-year storm events determined from the National Weather Service's Atlas 14 Point Precipitation Frequency Estimates pursuant to 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 | 100-Year Design Storm | |
Atlantic | 1.22 | 1.24 | 1.39 |
Bergen | 1.20 | 1.23 | 1.37 |
Burlington | 1.17 | 1.18 | 1.32 |
Camden | 1.18 | 1.22 | 1.39 |
Cape May | 1.21 | 1.24 | 1.32 |
Cumberland | 1.20 | 1.21 | 1.39 |
Essex | 1.19 | 1.22 | 1.33 |
Gloucester | 1.19 | 1.23 | 1.41 |
Hudson | 1.19 | 1.19 | 1.23 |
Hunterdon | 1.19 | 1.23 | 1.42 |
Mercer | 1.16 | 1.17 | 1.36 |
Middlesex | 1.19 | 1.21 | 1.33 |
Monmouth | 1.19 | 1.19 | 1.26 |
Morris | 1.23 | 1.28 | 1.46 |
Ocean | 1.18 | 1.19 | 1.24 |
Passaic | 1.21 | 1.27 | 1.50 |
Salem | 1.20 | 1.23 | 1.32 |
Somerset | 1.19 | 1.24 | 1.48 |
Sussex | 1.24 | 1.29 | 1.50 |
Union | 1.20 | 1.23 | 1.35 |
Warren | 1.20 | 1.25 | 1.37 |
18-815.1.6 Sources for Technical Guidance.
[Added 7-18-2024 by Ord. No. 2024-023]
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-guidance/.
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.
18-815.1.7 Solids and Floatable Materials Control Standards.
[Added 7-18-2024 by Ord. No. 2024-023]
A.
Site design features identified under § 18-815.1.4F above, or alternative designs in accordance with § 18-815.1.4G 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 § 18-815.1.7A2 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 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 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 seven square inches, or be no greater than two inches across the smallest dimension.
2.
The standard in A1 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 nine 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:
(1)
A rectangular space 4 5/8 (4.625) inches long and 1.5 inches wide (this option does not apply for outfall netting facilities); or
(2)
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 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.
18-815.1.8 Safety Standards for Stormwater Management Basins.
[Added 7-18-2024 by Ord. No. 2024-023]
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 § 18-815.1.8C1, C2 and C3 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 § 18-815.1.8C, 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 § 18-815.1.8E 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  |
18-815.1.9 Requirements for a Site Development Stormwater Plan.
[Added 7-18-2024 by Ord. No. 2024-023]
A.
Submission of Site Development Stormwater Plan.
1.
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at § 18-815.1.9C 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 section.
3.
The applicant shall submit the required number of copies of the materials listed in the checklist for site development stormwater plans in accordance with § 18-815.1.9C of this section.
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 section.
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 one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains 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 § 18-815.1.3 through § 18-815.1.5 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 pre-development and post-development conditions for the design storms specified in § 18-815.1.4 of this section.
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 § 18-815.1.10.
8.
Waiver from Submission Requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in § 18-815.1.9C1 through § 18-815.1.9C6 of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
18-815.1.10 Maintenance and Repair.
[Added 7-18-2024 by Ord. No. 2024-023]
A.
Applicability. Projects subject to review as in § 18-815.1.1C of this section shall comply with the requirements of § 18-815.1.10B and 10C.
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 § 18-815.1.10B3 above is not a public agency, the maintenance plan and any future revisions based on § 18-815.1.10B7 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 § 18-815.1.10B3 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 § 18-815.1.10B6 and B7 above.
8.
The requirements of § 18-815.1.10B3 and B4 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.
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.
18-815.1.11 Violations and Penalties.
[Added 7-18-2024 by Ord. No. 2024-023]
Notwithstanding the general penalties and remedies prescribed in § 18-1109, any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure, or land in violation of this section shall be subject to the following penalties:
Failure to comply with any provisions of this section shall be considered a violation of the Revised General Ordinances of Lakewood Township and shall be punishable by a fine of $1,000 or 90 days in jail, or both. Each day of such violation's continuance shall be considered as a separate offense and shall be separately punishable. These penalties shall not be the exclusive remedy available, and nothing in this section shall prevent an applicant from obtaining injunctive relief.
18-815.1.12 Fees.
18-815.1.13 Severability.
[Added 7-18-2024 by Ord. No. 2024-023]
Each section, subsection, sentence, clause and phrase of this section is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.
18-815.1.14 Effective Date.
[Added 7-18-2024 by Ord. No. 2024-023]
This section shall be in full force and effect from and after its adoption and any publication as required by law.
18-816 Traffic Signs and Traffic Control.
A.
A proposed traffic control plan showing traffic signs to be installed by the developer at its sole expense shall be submitted with each application for a major subdivision or site plan that involves the creation of new streets or site plan approval. The plan shall indicate the nature and proposed location of traffic and street signs needed to assure safe and controlled flow of traffic on the tract, including site ingress and egress. The information to be set forth on each sign, including street names, stop and yield signs at intersections, designations of one way and dead end streets, and prohibited parking locations, shall be specified.
B.
Final sign locations shall be determined by the Township after review, when necessary, with the Department of Transportation (NJDOT) or County, of proposed traffic generation and vehicular movement data and relevant speed and accident sampling data.
C.
All signs shall be approved by the Township Engineer prior to their purchase by the developer, to assure uniformity and conformance with the standards contained in the Manual on Uniform Traffic Control Devices.
D.
No certificate of occupancy shall be issued for any structure located on the tract until the Township Engineer has certified the satisfactory installation by the developer of all signage in accordance with the traffic control plan.
E.
The installation of electronic traffic control signaling devices is not prescribed by this section, since a pro-rata portion of the developer's cost for such devices shall be assessed and collected from the developer pursuant to § 18-504.
F.
All non-residential site plans shall submit plans to the Township Public Safety Office and the NJDOT to allow for Title 39 enforcement.
18-817 Water Supply/Residential Site Improvement Standards.
Water mains are to be installed in accordance with the requirements of the Lakewood Township Municipal Utility Authority or New Jersey American Water Company and the following except in areas where the Residential Site Improvement Standards shall apply (N.J.A.C. 5:21-5):
A.
Engineering requirements for all water main installations are to comply with the rules and regulations of the Department of Environmental Protection and the Lakewood Township Municipal Utilities Authority (MUA) or the New Jersey American Water Company.
B.
All joints shall be push-on or mechanical joint.
C.
The depth of pipe from the finished surface or roadway or grade shall be not less than three feet from the top of pipe.
D.
Fire hydrants shall be generally located not more than 800 feet apart and spotted, where practicable, as follows: near streetlights, inlets, street intersections, and on property lines.
E.
Valves shall be installed with all fire hydrants and at such other locations in the lines as directed by the Lakewood Township Municipal Utilities Authority or the New Jersey American Water Company.
F.
House service connections, from the main to the curb stop and box, must be installed at all lots prior to placing any foundation or surface on the roadway.
G.
No installation shall be covered until inspected and approved by the Township Engineer or designee.
H.
Where public water is accessible, the subdivider shall construct water mains in such manner as to make adequate water service available to each lot or dwelling unit within the subdivision or development. The entire system shall be designed in accordance with the requirements and standards of the local and/or state agency having approval authority and shall be subject to its approval. The system shall also be designed with adequate capacity and sustained pressure to service the lots and permit necessary fire-fighting abilities.
18-818 Projections into Required Yards.
[Ord. No. 2019-9]
A.
No part of a building shall be erected within, or shall project into any required yard area except as follows:
1.
Cornices, projecting eaves, gutters or chimneys, and bay windows or similar architectural projections may project a distance of up to 30 inches into a required yard area unless such a projection would encroach beyond the property line of the neighboring property.
2.
Handicapped ramps may project into a required setback. However, the portion of the ramp where the floor elevation exceeds three feet above finished grade, may not be closer than three feet to a property line.
3.
Second story and higher floors may project 24 inches into the front or rear yard setback.
4.
Steps that descend to a basement may project into any yard setback as long as it is no closer than five feet from the adjacent property line.
5.
All other steps, including a maximum 6' x 4' landing or stoop may project into any front or rear yard setback.
18-819 Temporary Construction and/or Sales Trailers.
Temporary construction and/or sales trailers are permitted in all districts. A construction trailer may be at the site for the period of construction beginning with the issuance of a construction permit and concluding before the final certificate of occupancy is granted. A sales trailer may be at the site for the period beginning with the posting of bonds for the project and concluding before a certificate of occupancy is granted (or the last certificate of occupancy in the case of a residential project). Construction and sales trailers shall be set back from all street and lot lines at least 30 feet. Any temporary construction or sales signage must comply with the standards as noted in § 18-812.
18-820 Environmental Impact Statement.
A.
An Environmental Impact Statement is required for every major subdivision containing 10 units or more and major site plan application applications consisting of more than 5,000 square feet of commercial space.
B.
Every Environmental Impact Statement (EIS) shall contain the following:
1.
A key map showing the location of the development and how it relates to the surrounding region affected thereby.
2.
A description of the development specifying, in the form of maps, drawings, graphs or similar visual aids, and also by narrative, what is to be done and how it is to be done during and after construction of the development, including information and technical data adequate to permit a careful assessment of the environmental impact of the development.
3.
An inventory of the existing environmental conditions at the development site and in the surrounding region affected thereby which shall describe the following:
a.
Physical Characteristics
(1)
Air quality.
(2)
Hydrology, including maps and descriptions of streams, water bodies and flood plains and a discussion of water quality.
(3)
Geology.
(4)
Soils and their properties, including capabilities and limitations.
(5)
Topography and slope.
(6)
Drainage.
(7)
Vegetation.
(8)
Air Quality and Water Quality shall be described with reference to the standards promulgated by the Department of Environmental Protection of the State of New Jersey and soils shall be described with reference to criteria contained in the Ocean County, New Jersey Soil Survey Standards and Specifications, issued by the United States Department of Agriculture Soil Conservation Service.
d.
Aesthetics.
e.
A listing of all licenses, permits or other approvals required by municipal, County or State law, the status of each, and proof that the applicant has contacted officials of any Federal, State, County or municipal agency affected by the proposed development.
4.
(Reserved)
5.
(Reserved)
6.
An assessment of the probable impact of the development upon all of the topics listed in Subsection B3 above.
7.
A listing and evaluation of adverse environmental impacts which cannot be avoided, with particular emphasis upon air or water pollution, increase in noise during and after construction, damage to plant, tree and wildlife systems, damage to natural resources, displacement of people and businesses, increase in sedimentation and siltation, flooding, potential storm water runoff damage both on and off site, increase in municipal services, and health, safety and well being of the public. Off-site and off-tract impact shall also be set forth and evaluated.
8.
A thorough description of the steps to be taken to minimize adverse environmental impact before, during and after construction of the development, both at the development site and in the surrounding region affected thereby, such description to be accompanied by necessary maps, schedules and other explanatory data as may be needed to clarify and explain the actions to be taken.
9.
Any irreversible and irretrievable commitment of resources which would be involved in the proposed action shall be identified and described.
10.
A statement of alternatives to the proposed development which might avoid some or all of the adverse environmental effects, including a no-action alternative, with an objective evaluation of each alternative including the no-action alternative.
11.
A reference list of available pertinent, published information relating to the development, the development site, and the surrounding region affected thereby.
12.
Notwithstanding the foregoing, the Reviewing Board may waive the requirement for an Environmental Impact Statement (EIS) if sufficient evidence is submitted by the applicant to support a conclusion that the proposed development will have a slight or negligible environmental impact. Portions of such requirement may likewise be waived upon a finding by the Board that a complete EIS need not be prepared in order to evaluate adequately the environmental impact of the development.
13.
Environmental Considerations: Environmental elements relating to soil erosion, preservation of trees, protection of watercourses, topography, soil, and wildlife shall be reviewed and the design of the plan shall minimize any adverse impact on these elements. Whenever possible, the natural features of a site are to be preserved, flood plains respected, and excessive cuts or fill avoided. In reviewing a site plan, the reviewing authority shall take into consideration the effect of the development upon all aspects of the environment as outlined in the EIS requirements, as well as the sufficiency of the applicant's proposal in their EIS for dealing with any immediate or projected adverse environmental effects. The reviewing authority may require, as a condition of approval of the application, that steps be taken to minimize the adverse environmental impact during and after construction, and no final approval shall be issued until all such requirements shall have been complied with or compliance is guaranteed by a performance guarantee meeting the standards, requirements and procedures set forth in this section.
18-821 Building Uniformity in Residential Developments.
A.
Uniformity Prohibited. Except as provided in this section, not more than one construction permit shall hereafter be issued for any dwelling to be erected in a residential development consisting of two or more houses if it is substantially alike in exterior design and appearance with any neighboring dwelling situated on the same or opposite sides of the street within 500 feet or five contiguous building lots, whichever is less, of a dwelling then in existence or for which a building permit has been issued or is pending. The distance herein specified shall be construed to mean the distance between the street property lines of the respective properties.
B.
Criteria. Houses within such specified distances from each other shall be considered uniform in exterior design and appearance if they have any one of the following characteristics:
1.
The same basic dimensions and floor plans are used without substantial differentiation of more than one or (1) more exterior elevations.
2.
The same basic dimensions and floor plans are used without substantial change in orientation on the lots.
3.
The height and design of the roofs are without substantial change in design and appearance.
4.
The appearance and arrangement of the windows and other openings in the front elevation, including the appearance and arrangement of the porch and garage, are not substantially different from adjoining dwellings.
C.
Additional requirement. In addition to the requirements specified in Subsection 18-821B, there shall not be less than two separate basic house designs in every residential development consisting of four to six houses, and not less than four basic house designs in every residential development of seven to 15 houses and not less than five basic house designs in every residential development consisting of 16 to 25 houses and not less than eight basic designs in every development consisting of more than 25 houses.
D.
Survey Required. To insure conformity with the provisions of this section, no construction permit shall hereafter be issued for more than one dwelling in any residential development, except as provided in Subsection 18-821E, until an engineer's survey or architect's drawing of the entire tract, or part to be developed, has been submitted to the Construction Official showing thereon, or on a schedule attached thereto, the model number, type and design of each house. The survey or drawing shall show the dimensions of each house, its exact location on the lot with setbacks and width or depth of all yard spaces. In the event of subsequent desired change in basic, size or location of a house in such a tract, a revised plan and application therefor shall be filed and approved before such work is started.
E.
Affidavit required. To further insure the conformity with the provisions of this section in respect to new subdivisions for the purpose of a housing development, the Planning Board may at its discretion require an affidavit or a performance guarantee approved as to form so that the intent and purpose of this section is satisfied.
18-822 Soil Removal and Grading.
A.
Soil Removal and Redistribution. No topsoil shall be removed from the Township of Lakewood. Further, any proposal for the removal of more than 425 cubic yards of soil from one location in the Township to another shall be the subject of a site plan application containing the information required for an application under Article VI of this chapter for both the sending and receiving lots. The excavation and grading for completion of a site plan shall be done in accordance with the approved site plan that contains soil erosion and sediment control provisions. Any application proposing the excavating, redistributing and/or removal of more than 425 cubic yards of material or involving an area exceeding 1,275 square feet shall include on its site plan the following: the means to prevent erosion, provide for sedimentation control and drainage, dust and mud on the premises as well as abutting lands; the preservation of soil fertility and the resulting ability of the area affected to support plant and tree growth by maintenance of adequate topsoil consisting of at least six inches of the original layer; maintenance of necessary lateral support and grades of abutting land, structures and other improvements; prevention of pits and declivities which are hazardous or which provide insect breeding locations; the physical characteristics and limitations of the soil for the use to which the land may lawfully be put; and such other factors as may reasonably bear upon or relate to the public health, safety and general welfare. Additional controls on soil removal are set forth in the General Ordinances of the Township of Lakewood.
B.
Grading.
1.
All lots being filled shall be filled with clean fill and/or topsoil to allow complete surface draining of the lot into local storm sewer systems or natural drainage rights-of-way. No construction or regrading shall be permitted which creates or aggravates water stagnation, siltation or a drainage problem on adjacent properties. Grading shall be limited to areas shown on an approved site or subdivision plan. Any topsoil distributed during approved operations shall be redistributed throughout the site.
2.
There shall be change in existing grade which raises the elevation of the lot within five feet of a property line. Furthermore, there shall be no change in existing grade which raises any portion of the lot more than one and one-half (1.5) feet above the existing ground level at a point 20 feet from the property line. When necessary, a swale shall be created in order to control surface waters in a manner that will protect abutting lands. For retaining walls which exceed three feet in height above the natural grade, material certifications and engineering drawings shall be required to ensure durability and stability, provided that for each six inches in height above the natural grade a retaining wall shall be set back two feet from the property line to which it is adjacent. Distances from property lines shall be measured at right angles to straight portions and radial curved portions.
C.
Clearing and Grading
1.
The erection of a structure on a lot, the clearing of less than 10 trees or the alteration of the existing grade on a lot smaller than two acres shall be in accordance with a plan approved by the Township Engineer or his representative and shall meet the requirements as set forth below. The clearing of 10 trees or more or the alteration of the existing grade on a lot of two acres or more shall be in accordance with a plan approved by the Planning Board. This provision shall not apply to the clearing and grading necessary for the construction of one single-family house unless that construction is incidental to an application that is otherwise before the Planning Board or the Zoning Board of Adjustment, or proposes clearing and grading of land within 15 feet of the side or rear yard property lines.
2.
Where possible, land shall be graded so that all stormwater runoff from each lot shall drain directly to the street. If impossible to drain directly to the street, it shall be drained to a system of interior yard drainage designed in accordance with the requirements of the subdivision and site plan provisions, the NJ Residential Site Improvement Standards, or as otherwise required by the Township Engineer.
3.
Unless otherwise required by the Township Engineer, all tree stumps, masonry and other obstructions shall be removed to a depth of two feet below existing or finished grade, whichever is lower.
4.
The minimum slope for lawns shall be 1%, and for smooth, hard finished surfaces other than roadways, four-tenths of one percent (4/10 of 1%).
5.
The maximum grade for lawns within five feet of a building shall be 10% and for lawns more than five feet from a building, 25%.
18-823 Plot Plan and As-Built Survey.
[Ord. No. 2007-7 § 1]
A.
Two signed and sealed copies of the individual plot plans shall be submitted to the Township Engineer to accompany any permit applications for new residential construction that require a building permit, including new dwellings, additions, pools, retaining walls, and any other improvements that require a permit. The individual plot plan shall be utilized to review the project for adequate drainage and grading and compliance to all applicable Township standards.
B.
The Township Engineer will review the submitted documents and either disapprove or approve the submitted plot plan. The applicant will be notified if any revisions are required. (All plot plan review checklists will be copied to the Construction Official.)
C.
A road opening permit is required for any activity within a right-of-way associated with the plot plan review.
D.
The Construction Official shall not issue a construction permit until the Township Engineer approves the proposed individual plot plan and issuance of a road opening permit (where required).
E.
Each individual plot plan shall be drawn to scale (not less than 1" equaling 40'), signed and sealed by a professional licensed to practice in the State of New Jersey, in accordance with N.J.S.A. 13:40-7.3, and shall be no smaller than 8 1/2" x 14".
F.
Individual plot plans should include the following information:
1.
Bearing and distances.
2.
North arrow, written and graphic scale.
3.
Existing/proposed easements and dedications.
4.
Existing/proposed building dimensions.
5.
Existing/proposed sidewalks, driveways and retaining walls.
6.
"Building Envelope" geographically depicting and dimensioning zoning setback requirements and/or setbacks approved by the Board (if applicable).
7.
Street name, right-of-way width, pavement width and composition of the street(s) fronting lot.
8.
The title block on the plot plan must include the property address, the block number and lot number of the property in question and the name of the applicant.
9.
Limits of clearing and soil disturbance.
10.
Existing trees to be protected and remain.
11.
Location of wetlands with NJDEP permit number and/or any environmental constraints to the property. If there are no wetlands, then a note should be added to the plan stating that no wetlands exist on the subject property.
12.
Sufficient street elevations including the center line, gutter and top of curb (if applicable); existing and proposed lot elevations to include a minimum, property corners, midpoints of property lines, building corners and center of lot; the finished first floor, basement and garage floor elevations of the proposed structure and adjacent dwellings, corner elevations, and topography within 25 inches of property lines. The source of data should be noted. Any specific circumstances for which elevation requirements cannot be met will be subject to review by the Township Engineer on a case-by-case basis. Under no circumstances shall individual lots be graded in such a manner as to redirect stormwater runoff onto adjacent and/or downstream properties or disturb or change the existing drainage patterns of adjacent lot(s). Drainage flow arrows shall be provided to clearly depict the directions of stormwater runoff. No grading or creation of sump conditions shall be permitted on an adjacent lot unless the owner of said adjacent lot(s) has specifically granted permission, in writing.
13.
Location of any storm drainage pipes within 25 feet of the property including pipe size, grade and invert.
14.
Lot grading shall be designed to provide positive runoff with grades at a minimum slope of one (1.0%) percent.
15.
Other items that may be required by the Township Engineer for proper construction of the site.
G.
Plot plans for board approved projects shall match approved subdivision/site plans.
H.
If a basement is proposed, a subsurface soils investigation certified by a licensed engineer shall be submitted with the plot plan. Basement floor elevations shall be set a minimum two feet above the Seasonal High Water Table (SHWT).
I.
The applicant shall submit a foundation survey prior to an inspection of the foundation for approval and backfilling. This survey shall include the elevation and location of the foundation. If the as-built survey establishes locations or elevations different from those submitted in the plot plan, minor changes in the proposed grading shall be noted. Any substantial differences will be reviewed by the Township Engineer with the action plan.
J.
The applicant shall submit a final "As-Built" Survey, signed and sealed by a professional engineer or land surveyor prior to requesting a final Certificate of Occupancy (CO inspection) from the Township Engineer. All information on the as-built survey shall include the items described under Subsection F and forwarded to the Engineer prior to backfilling.
K.
Exemptions. The requirements of this section may be waived at the discretion of the Township Engineer for building additions, sheds, fences, etc. contingent on the following:
18-824 Site Disturbance.
[Ord. No. 2010-56]
Since all Zoning Districts within the Township currently permit a maximum disturbance of 100% of the property, in an effort to protect the Township's natural resources, all properties which contain non-isolated wetlands, Category 1 streams, or the presence of threatened and endangered species, shall be limited to a maximum disturbance of 90% of the entire site. This requirement shall be in addition to and not in place of any requirements of other municipal, Ocean County or State of New Jersey regulations.