Millstone Township City Zoning Code
ARTICLE 4
Regulations Applicable to all Zoning Districts
§ 35-4-1.1 General.
No building or structure shall hereafter be erected and no existing building shall be moved, structurally altered, added to or enlarged, rebuilt, nor shall any land be used or intended to be used for any purpose other than those uses listed as permitted in each Zone by this chapter and meeting the requirements as set forth by the Schedule herein.
No open space contiguous to any building or structure shall be encroached upon or reduced in any manner, except in conformity to the yard, lot area, building location, percentage of lot coverage, off-street parking space and such other regulations designated in this chapter for the Zone in which such building, structure or space is located. In the event of any such unlawful encroachment or reduction, such building shall be in violation of the provisions of this chapter and the Certificate of Occupancy for such building or structure shall thereupon become null and void.
§ 35-4-1.2 Interpretation of Standards.
The provisions of this chapter shall be held to be minimum requirements. Where this chapter imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or resolutions, the provisions of this chapter shall control. Where other laws, rules, regulations or resolutions require greater restrictions than are imposed or required by this chapter, the provisions of such other laws, rules, regulations or restrictions shall control.
§ 35-4-1.2A Applicability of Standards.
[Ord. No. 97-09]
The provisions of Chapter 35, the Land Use and Development Regulations, shall apply to all development applications hereafter filed with any approving authority in Millstone Township, unless a particular standard or requirement in this chapter has been specifically superseded by a Statewide Residential Site Improvement Standard validly adopted by the New Jersey Commissioner of Community Affairs pursuant to N.J.A.C. 5:21. In the event of future amendments of the Residential Site Improvement Act, N.J.S.A. 40:55d-40.1, then only those specific sections of this chapter which are covered by the Act shall be superseded by the Statewide Residential Site Improvement Standards as then in effect, and all other standards of this chapter 35 shall remain in force and shall be applicable to all land development applications in every case.
§ 35-4-1.3 Prohibited Uses.
[Amended 7-21-2021 by Ord. No. 21-09]
a.
All uses not expressly permitted in this chapter are prohibited.
b.
For purposes of clarity, and not in any manner diluting the all-encompassing prohibition of Subsection a above, this Subsection b shall provide for specifically prohibited uses.
1. CANNABIS CANNABIS CULTIVATOR CANNABIS DELIVERY SERVICE CANNABIS DISTRIBUTOR CANNABIS MANUFACTURER CANNABIS RETAILER CANNABIS WHOLESALER
Definitions.
All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2016, c. 16 for use in cannabis products as set forth in this act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. “Cannabis” does not include: medical cannabis dispensed to registered qualifying patients pursuant to the “Jake Honig Compassionate Use Medical Cannabis Act,” P.L.2009, c.307 (C.24:6I-1 et al.) and P.L.2015, c.158 (C.18A:40-12.22 et al.); marijuana as defined in N.J.S. 2C:35-2 and applied to any offense set forth in chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L.2001, c.114 (C.2C:35B-1 et seq.), or marihuana as defined in section 2 of P.L.1970, c.226 (C.24:21-2) and applied to any offense set forth in the “New Jersey Controlled Dangerous Substances Act,” P.L.1970, c.226 (C.24:21-1 et al.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the “New Jersey Hemp Farming Act,” P.L.2019, c.238 (C.4:28-6 et al.).
Any licensed person or entity that grows, cultivates, or produces cannabis in this State, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
Any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer.
Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities.
Any licensed person or entity that processes cannabis items in this State by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
Any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer.
Any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers.
2.
Prohibition of Cannabis Uses.
All cannabis cultivators, cannabis delivery services, cannabis distributors, cannabis manufacturers, cannabis retailers, and cannabis wholesalers are hereby prohibited from operating anywhere in the Township of Millstone, except for the delivery of cannabis items and related supplies by a licensed cannabis delivery service based and initiated from a cannabis delivery service licensed location outside of the Township of Millstone.
§ 35-4-1.4 Time of Compliance.
All requirements shall be met at the time of the erection, enlargement, alteration, moving or change in use of the principal use and shall apply to the entire structure or structures whether or not the entire structure or structures were involved in the erection, enlargement, alteration, moving or change in use.
§ 35-4-1.5 Riparian Zone Ordinance Compliance.
[Ord. No. 10-18 § II]
Where applicable, there must be compliance with Article 17, Riparian Zone Ordinance.
§ 35-4-1.6 Permitted Uses, All Zones.
[Ord. No. 2015-18 § 2]
In all zoning districts in the Township, municipal uses shall be permitted principal uses. These uses include but are not limited to municipal buildings and facilities, public parks, recreation and open space and municipally sponsored affordable housing construction. All such uses shall be subject to planning review pursuant to N.J.S.A. 40:55D-25(5).
§ 35-4-2.1 Nonconforming Structures and Undersized Developed Lots.
[Ord. No. 05-08 § I; Ord. No. 2015-07]
Except as otherwise provided in § 35-4-2.3 hereinbelow, any existing building or structure which is located on an undersized lot, and/or any existing building or structure which violates any yard setback requirements of this chapter, may have additions to the principal building and/or the construction of accessory buildings or structures without an appeal to the Zoning Board of Adjustment, provided and in accordance with the following:
a.
The use of the subject property is in accordance with all applicable provisions of this chapter; and
b.
Any accessory buildings or structures to be constructed are permitted in connection with the existing use of the property; and
c.
Except as provided in § 35-4-2.1d hereinbelow for existing undersized lots developed with a detached single-family dwelling, the following requirements shall be met:
1.
The applicable maximum permitted lot and building coverage requirements, building height and stories requirements, and the maximum building floor/area ratio requirements of the subject zoning district are not exceeded, as those requirements are indicated within § 35-5-5 of this chapter, the Schedule of Area, Yard and Building Requirements; and
d.
For any existing undersized lot developed with a detached single-family dwelling, the minimum yard setbacks, lot and building coverage, and building height and stories requirements within § 35-5-5 of this chapter, the "Schedule of Area, Yard and Building Requirements", shall apply to the undersized residential lot dependent upon the size of the lot and provided that the requirements previously noted in § 35-4-2.1a and b hereinabove are met:
1.
Lots eight acres in size and larger: The RU-P District requirements shall apply.
2.
Lots six acres, but less than eight acres in size: The RU-C District requirements shall apply.
3.
Lots three acres, but less than six acres in size: The R-130 District requirements shall apply.
4.
Lots less than three acres in size: The R-80 District requirements shall apply.
§ 35-4-2.2 Undersized Vacant Lots.
[Ord. No. 04-38 § I; Ord. No. 05-08 § I]
Any undersized vacant lot within the R-20, R-80, R-130, R-170, RU-C and RU-P zoning district, which lot previously existed as a conforming residential lot at the time of its creation and which was duly recorded with its own individual lot and block designation, but whose area and/or dimension(s) does not meet the current area and/or dimensional requirements for the subject zoning district within which the lot is located, may have a construction permit issued for a single-family detached dwelling and the permitted accessory uses without an appeal to the Zoning Board of Adjustment, provided and in accordance with the following:
a.
The lot must have a minimum usable development area equal to at least one contiguous acre in accordance with the following criteria:
1.
The contiguous one acre must not contain any freshwater wetlands, wetlands transitional buffers, one-hundred-year floodplains, detention or retention basins, topographic slopes 15% or greater and/or any stream corridor buffers required by the Delaware & Raritan Canal Commission, Millstone Township, Monmouth County and/or by the State of New Jersey.
2.
The contiguous one acre area must be determined by the Township Engineer to be appropriately situated for the location and construction of the single-family detached dwelling and its appurtenances, including customary accessory uses and both the septic system and any potable water well serving the lot. More specifically, the Township Engineer shall determine that the contiguous one acre area is of sufficient dimension and location within the required setback requirements that the dwelling and its accessory uses can be constructed without variances.
3.
The area must be shaped to permit the inscription of either a circle with a diameter of at least 200 feet within its bounds or, alternatively, with a rectangle at least 150 feet in width and length and with an area of at least three-quarters of an acre or 32,670 square feet (it is noted that the circle will be approximately 34,416 square feet which is relatively close to three-quarters of an acre or 32,670 square feet in area).
4.
The development of the lot shall be designed to minimize disturbance of any wooded areas and environmentally sensitive features.
b.
The lot must have a minimum lot frontage and minimum lot width of 150 feet along an existing improved street.
c.
The development of the undersized lot must comply with all applicable off-street parking requirements.
e.
In addition to the lot size and lot frontage and width provisions previously noted in § 35-4-2.2a and b of this chapter hereinabove, different minimum yard requirements, lot and building coverage requirements and building height and stories requirements shall apply to the undersized lot dependent upon the size of the lot; the following requirements shall apply as indicated within § 35-5-5 of this chapter, the Schedule of Area, Yard and Building Requirements.
1.
Lots eight acres in size and larger: The RU-P District requirements shall apply.
2.
Lots six acres, but less than eight acres in size: The RU-C District requirements shall apply.
3.
Lots three acres, but less than six acres in size: The R-1-30 District requirements shall apply.
4.
Lots less than three acres in size: The R-80 District requirements shall apply.
§ 35-4-2.3 Merger of Undersized Lots.
[Ord. No. 05-08 § I]
For the purposes of the zoning provisions of this chapter, whenever title to two or more contiguous lots is held under the same equitable or constructive ownership, and one or more of the individual lots should, by reason of exceptional shallowness, topographic conditions, substandard area or yard space or similar measurements, not conform with the minimum lot area and/or dimensional requirements for the zoning district in which it is located, the contiguous lots shall be considered to be a single lot, except that these provisions shall not apply to lots which received subdivision approval by the Planning Board or by the Zoning Board Adjustment under provisions of the Municipal Planning Act of 1953 or under provisions of the Municipal Land Use Law of 1975. In any case, it shall be the responsibility of the landowner to provide evidence that the subject lots are exempt from this "doctrine of merger" provisions.
§ 35-4-2.4 Exemption from Dedication of Land to Township.
[Ord. No. 05-08 § I]
Whenever the owner of a lot voluntarily dedicates land to Millstone Township for road widening purposes, the area of the lot and/or the depth of the lot shall not be rendered substandard only because of the dedication of the land for the road widening and where the owner has no other adjacent lands to provided the minimum requirements. In such instances, the Construction Official shall issue construction and occupancy permits for such lot.
§ 35-4-3.1 Utility Distribution Lines.
The provisions of this chapter shall not apply to customary local utility distribution or collection lines for water, gas, sewerage, electric and telephone services.
§ 35-4-3.2 Road Frontage Required.
Every principal building shall be built upon a lot with frontage upon and access to a public street which has been improved in accordance with the appropriate Township standards or for which such improvement has been insured by the posting of a performance guarantee pursuant to Article 13 of this chapter.
§ 35-4-4.1 Residential Buildings Limited.
No lot shall have more than one principal residential building.
§ 35-4-4.2 Accessory Buildings.
An accessory building shall comply in all respects with the accessory building yard requirements of this chapter.
§ 35-4-4.3 Yard Required for Each Building.
No yard or open space provided about any buildings for the purpose of complying with the provisions of this chapter shall be in order to meet the minimum street width requirement of the considered as providing a yard or open space for any other building.
§ 35-4-4.4 Irregularly Shaped Lots.
In the case of irregularly shaped lots, the minimum width requirements as specified in the Schedule shall be measured at the rear line of the required front yard provided that in no case shall the distance along the street line be reduced to less than 75% of the minimum width requirements.
§ 35-4-4.5 Corner and Through Lots.
[Ord. No. 13-13 § 3]
a.
Corner Lots.
1.
In the case of a corner lot, each yard facing a street shall be considered a front yard, and all buildings and structures shall be set back from the street right-of-way line in accordance with the minimum front yard setback requirements of the zoning district within which the lot is located.
2.
While corner lots shall have two front yards, the yard behind the principal building as it fronts on one of the streets shall be considered a rear yard, and the remaining yard shall be considered a side yard, and the principal building and all accessory buildings and structures shall be set back from the designated rear property line and the designated side property line in accordance with the minimum setback requirements of the zoning district within which the lot is located.
b.
Through Lots.
1.
In the case of a through lot, the yard in front of the principal building as it fronts on one of the streets shall be considered a front yard, and all buildings and structures shall be set back from that street right-of-way line in accordance with the minimum front yard setback requirements of the zoning district within which the lot is located.
2.
The yard behind the principal building as it fronts on one of the streets shall be considered a rear yard even though it fronts on a second street, and the remaining two yards shall be considered side yards.
(a)
From the designated rear property street right-of-way line, the principal building and all accessory buildings and structures shall be set back the distance required for the rear yard setback of a principal building in the zoning district within which the lot is located.
(b)
From the two side yard property lines, the principal building and all accessory buildings and structures shall be set back in accordance with the distances required for the applicable side yard setbacks in the zoning district within which the lot is located.
§ 35-4-4.6 Right-of-Way Widening.
Where a building lot has frontage upon a street which on the Master Plan or Official Map of the Township is proposed for right-of-way widening, the required front yard setback shall be measured from such proposed future right-of-way line.
§ 35-4-4.7 Lot Area Requirements.
[Ord. No. 00-16, § VII; Ord. No. 00-26 § VII; Ord. No. 03-32 § I; Ord. No. 05-08 § II]
Except for lots within the R-20 zoning district, any lot must have a minimum usable development area equal to at least one contiguous acre in accordance with the following criteria:
a.
The contiguous one acre area must not contain any freshwater wetlands, wetlands transitional buffers, one-hundred-year floodplains, detention or retention basins, topographic slopes 15% of greater and/or any stream corridor buffers required by the Delaware & Raritan Canal Commission, Millstone Township, Monmouth County and/or by the State of New Jersey.
b.
The contiguous one acre area must be determined by the Township Engineer to be appropriately situated for the location and construction of the principal building and its appurtenances, including customary accessory uses and both the septic system and any potable water well serving the lot. More specifically, the Township Engineer shall determine that the contiguous one acre area is of sufficient dimension and location within the required setback requirements that the principal building and its accessory uses can be constructed without variances.
c.
The area must be shaped to permit the inscription of either a circle with a diameter of at least 200 feet within its bounds or, alternatively, with a rectangle at least 150 feet in width and length and with an area of at least three-quarters of an acre or 32,670 square feet (it is noted that the circle will be approximately 32,416 square feet, which is relatively close to three-quarter of an acre or 32,670 square feet in area).
d.
The development of the lot shall be designed to minimize disturbance of any wooded areas and environmentally sensitive features.
§ 35-4-4.8 "Woodsy Lane" Regulations.
No subdivision shall be allowed of any lot or lots within a development previously approved pursuant to the "Woodsy Lane" development regulations if such subdivision would result in any of the bulk requirements set forth in the "Woodsy Lane" development section applicable to that particular Zoning District being violated, unless appropriate variance relief is granted by the Planning Board.
§ 35-4-5.1 Sight Distances on Corner Lots.
At the intersection of two or more streets, no hedge, fence or wall which is higher than two feet above curb level or any other obstruction to vision, shall be permitted in the triangular area formed by the intersecting street lines and a line joining points 30 feet distance from the intersection along the street lines. In the approval of site plans and subdivisions, easements shall be secured to assure adequate maintenance of sight distances at street intersections. Such easements shall run in favor of the Township and shall cover the thirty-foot distance described in this subsection. For purposes of this subsection, driveways serving nonresidential uses shall be considered to be streets and sight distance easements shall be drawn to cover intersections of such driveways and streets.
§ 35-4-5.2 Height Regulation Exceptions.
The height limitations of this chapter shall not apply to church spires, belfries, cupolas, penthouses and domes, not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, bulkheads, similar features and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve. The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five feet.
§ 35-4-6.1 Residential Zones.
[Amended 12-6-2023 by Ord. No. 23-18; 5-15-2024 by Ord. No. 24-05]
a.
In residential zones, and as to each lot upon which there exists a residential use, outdoor storage shall be restricted to trailers, campers, camping vehicles, recreational vehicles, watercraft, operative vehicles and other equipment associated with a residential use and occupants of the residential use. No required front yard area shall be used for the open storage of trailers, campers, camping vehicles, recreational vehicles, watercraft, vehicles or other equipment except for incidental parking of operative motor vehicles on driveways. For standards related to recreational vehicles, watercrafts, and mobile homes, see the Off-Street Parking standards of § 35-7-3. Storage, freight, shipping or cargo containers, sea boxes, storage pods, Conex boxes, semi-trailer or similar containers are not permitted for outdoor storage use.
b.
Farming activity performed on farms that qualify as commercial farms in accordance with the Right to Farm Act (N.J.S.A. 4:1C-1 et seq.) is exempt from the outdoor storage requirements when being used for production of the commercial farm.
c.
The temporary outdoor storage/placement of storage pods/structures (e.g. Portable Home Storage "POD" or similar container) is permitted on any residential property upon the issuance of a Zoning Permit. Permits shall be granted for a period of 60 days. At the expiration of the sixty-day period, the permittee may seek one extension of the permit for up to an additional 60 days for an additional fee. Temporary outdoor storage pods/structures are required to be placed in the driveway in the front yard and are prohibited to be placed in any right-of-way or public street.
§ 35-4-6.2 Business or Industrial Zones.
[Amended 5-15-2024 by Ord. No. 24-05]
The following provisions apply to all Business and Industrial Zones, with the exception of the HC Highway Commercial Zone, which shall be governed by the provisions of Article 5, Section 11:
a.
No products or goods shall be stored within the required front yard area of the lot.
b.
Outdoor sales areas shall be prohibited.
c.
In no event shall the owner or occupier of a commercial or industrial property within the Township permit any outside individual or entity to store any recreational vehicle or watercraft on its property for a fee or otherwise.
d.
Any products and goods stored outside shall be limited to the materials directly related to the principal permitted use of the premises.
e.
The outdoor storage of products shall not abut any residential street, use, or district.
f.
All outdoor storage shall be approved by the Planning Board or Board of Adjustment as part of site plan approval.
g.
No materials or waste shall be stored on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.
h.
Any outdoor storage of materials shall be setback a minimum of 75 feet from any lot line.
i.
No outdoor storage of materials shall exceed eight feet in height.
j.
All outdoor storage facilities shall be enclosed by a solid fence or wall adequate to conceal such facilities and the contents thereof from adjacent properties.
k.
Storage, freight, shipping or cargo containers, sea boxes, storage pods, Conex boxes, semitrailer or similar containers are not permitted for outdoor storage use.
§ 35-4-6.3 Screening Required.
All permitted outdoor storage areas in side or rear yards in residential, business or commercial zones shall be screened from view by landscaping or fencing from a public street or adjoining property.
§ 35-4-7.1 Building in Drainage or Conservation Easements.
No structure shall be built within a drainage or conservation easement.
§ 35-4-7.2 Building in Floodplains.
No structure shall be built in the floodplain of a stream or on land subject to periodic overflow, except in accordance with N.J.S.A. 58:16A-55.
§ 35-4-7.3 Natural Features to be Retained; Exceptions.
[Ord. No. 10-12 § II]
In the establishment of any use, existing natural features such as trees, rock formations, endangered or threatened species habitat, vistas, streams and drainage channels shall be retained, unless such features interfere with the reasonable use of the property. In such cases, a maximum amount of such features shall be retained, consistent with the reasonable use of the property as determined by the Planning Board.
§ 35-4-8.1 Continuation of Existing Use; Prohibitions.
Except as otherwise provided in this chapter, the lawful use of land existing at the date of the adoption of this chapter may be continued although such use does not conform to the regulations specified by this chapter for the Zone in which such land is located, provided, however, that no existing building, structure or lot devoted to a use not permitted by this chapter in the District in which such building or premises is located, shall be enlarged, extended, constructed, reconstructed, substituted, relocated, erected, converted to another use, or structurally altered in conformity with the regulations of this chapter for the District in which such building or premises is located. Also, land on which a nonconforming building is located shall not be reduced in size, nor shall any lot already nonconforming be made more nonconforming in any manner.
§ 35-4-8.2 Abandonment.
It shall give rise to a rebuttable presumption of abandonment of a nonconforming use as defined in the preceding subsection if a nonconforming use is terminated by the owner or tenant or if the owner shall fail to use the property for a period of 12 consecutive months. Thereafter such building, structure and/or land shall not be used in a nonconforming manner.
§ 35-4-8.3 Conversion to Permitted Use.
Any nonconforming building or use which has been changed to a conforming building or use shall not be changed back again to a nonconforming building or use.
§ 35-4-8.4 Restoration.
Any nonconforming building or use which has been destroyed by fire, explosion, flood, windstorm or other act of God shall be examined by the following three people to determine whether the building is more than 50% destroyed:
a.
Township Engineer;
b.
The owner or an architect or engineer selected by the owner; and
c.
The Construction Official.
If the damage is greater than 50% as determined by at least two of the three people conducting the examination, the building or use shall be considered completely destroyed and shall not be rebuilt, restored or repaired unless in conformity to the building and use requirement of this chapter. |
§ 35-4-8.5 Enlargement of Nonconforming Building.
A nonconforming building containing a use permitted in the Zone in which it is located may be enlarged or altered providing such enlargement or alteration does not violate any of the yard or lot coverage provisions of this chapter.
§ 35-4-8.6 "Woodsy Lane" Development.
In an effort to maximize the development of residentially zoned land in the Township and minimize potential adverse impacts in a manner and form consistent with the rural-agricultural characteristics of the community, any person desiring to subdivide property in the R-170, R-130 and R-80 Zones in the Township may elect to apply to the Planning Board for major subdivision approval with reduced improvement requirements. The standards for the reduced improvement requirements are set forth specifically in the sections of this chapter regulating development within individual Zoning Districts. In all "Woodsy Lane" developments, pavement width may be reduced to 26 feet, no curbs shall be required, drainage may be provided in swales where appropriate, and there shall be a clear travel way including pavement and shoulders of a minimum of 30 feet. No subdivision shall be allowed of any lot or lots within a development previously approved pursuant to the "Woodsy Lane" development regulations if such subdivision would result in any of the bulk requirements set forth in the "Woodsy Lane" development section applicable to that particular Zoning District being violated, unless appropriate variance relief is granted by the Planning Board.
§ 35-4-8.7 Variable Density Development.
In an effort to assure the preservation of desirable features and rural open space, lot size reductions in the R-170 and R-130 Zones shall be permitted at the discretion of the Planning Board upon the meeting of certain development standards as set forth in § 35-5-6.5 of this chapter.
§ 35-4-9.1 Attached Accessory Buildings.
[Amended 5-20-2020 by Ord. No. 20-12]
When an accessory building is attached to the principal building by a shared wall, it shall be considered a part thereof and shall be subject to the standards associated with principal structures.
§ 35-4-9.2 Required Minimum Distances.
The distance from an accessory building to a principal building shall not be less than 15 feet, nor less than 10 feet from another accessory building.
§ 35-4-9.3 Height Restrictions.
[Ord. No. 11-18 § 1; 5-20-2020 by Ord. No. 20-12; amended 7-17-2024 by Ord. No. 24-11]
Accessory buildings and structures shall not exceed 16 feet in height and are subject to the standards for permitted accessory structures. Buildings in excess of 16 feet in height, but less than 20 feet, shall be permitted providing the Construction Official, after review of the planned accessory building or structure and the conditions existing on the lot upon which the accessory building or structure is to be built, concludes the following:
§ 35-4-9.4 Location of Accessory Buildings.
[Ord. No. 13-15 § 4; 5-20-2020 by Ord. No. 20-12]
Accessory buildings shall be located in the side or rear yard only, and shall meet the yard requirements for accessory buildings as set forth in the Schedule of Area, Yard and Building Requirements in this chapter, with the exception of the provisions for attached accessory buildings.
§ 35-4-9.5 Farm Buildings.
Buildings for private and commercial horticultural and agricultural use may, without limitation in number, height or gross floor area, be erected in all Zones, on a minimum lot area of six acres, provided that no greenhouse, heating plant or building of any other nature over 500 square feet in area or 20 feet in height shall be permitted in the required front setback or within 50 feet of any property line.
§ 35-4-9.6 Satellite Dishes.
[Ord. No. 96-15, Ord. No. 96-16]
A receiving dish antenna, or satellite receiving station, shall be considered an accessory structure. It shall be located in the side or rear yard only. On corner lots, which have no defined rear yard, it shall be located in a side yard a minimum of one point five times the required front setback from the street line. This type of structure shall not be mounted on the principal building or on an accessory building. There shall be no more than one receiving dish antenna per lot. A transmitting dish antenna is not a permitted use. To the extent regulations adopted by the Federal Communications Commission shall conflict with the foregoing, the FCC regulations shall control.
§ 35-4-9.7 Radio Antenna.
A structure (whether attached to a building or detached) used as a radio antenna (including the base, the tower boom, and the antenna), hereafter the radio antenna structure, shall be permitted providing the applicant complies with the following standards:
a.
The radio antenna structure is set back from the nearest lot line not less than one point one times the height of the antenna.
b.
The radio antenna structure is located in the rear yard if it is not attached to the building.
c.
The radio antenna structure shall be submitted to the Construction Official for review and approval.
To the extent that regulations adopted by the Federal Communications Commission shall conflict with the foregoing, the FCC regulations shall control. |
§ 35-4-9.8 Wind, Solar or Photovoltaic Energy Facilities.
[Ord. No. 11-18 § 3]
a.
Purpose. The primary purpose of an accessory wind, solar or photovoltaic energy system is to provide power for the principal use of the property, whether residential, nonresidential or farming, whereon said system is to be located, and shall not be for the generation of power for commercial sale purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time from a wind, solar or photovoltaic energy system designed to meet the energy needs of the principal use. For the purposes of this subsection concerning accessory energy systems, the sale of excess power shall be limited so that in no event an energy system is generating more energy for sale than what is otherwise necessary to power the principal use on the property.
The primary purpose of these zoning ordinance provisions is to establish standards and limitations for the installation and operation of solar and small wind energy systems and other photovoltaic systems as permitted accessory uses and permitted accessory structures in all zoning districts within the Township of Millstone.
This ordinance is adopted in compliance with the following:
1.
N.J.S.A. 40:55D-66.12, entitled "Municipal Ordinances Relative To Small Wind Energy Systems," which was approved on January 16, 2010 as P.L. 2009, Chapter 244, and which limits the restrictions municipalities can require for the installation and operation of small wind energy systems so as not to unreasonably hinder the performance of such installations.
2.
N.J.S.A. 52:27D-141.1, entitled "Residential Development Solar Energy Systems Act," which was approved on March 31, 2009 as P.L. 2009, Chapter 33, and which provides for regulations for the installation of solar energy facilities in new residential developments consisting of 25 or more residential dwelling units.
3.
N.J.S.A. 4:1C-32.4, entitled "Certain Generation Facilities, Structures, Equipment Permitted on Preserved Farmland," which was approved January 16, 2010 as P.L. 2010, Chapter 213, and which provides that a person who owns preserved farmland may construct, install, and operate biomass, solar, or wind energy generation facilities, structures, and equipment on the farm, and may make improvements to agricultural, horticultural, residential, or other buildings or structures on the land for that purpose, provided that the biomass, solar, or wind energy generation facilities, structures, and equipment meet specific requirements.
4.
N.J.A.C. 2:76-A.12, entitled "Agricultural Management Practice For The Construction, Installation, Operation Or Maintenance Of Solar Energy Generation Facilities, Structures And Equipment On Commercial Farms," which was adopted on July 20, 2011 and which provides for regulations for the installation and operation of solar energy facilities on commercial farms with reference to the "Right To Farm Act."
While Millstone Township intends to comply with the prevailing law, it also wishes to safeguard the farmland within its bounds, much of which has been preserved via State, County and local funding. Millstone Township also does not wish to jeopardize the use or tranquility of the preserved open space lands within its bounds by any neighboring inappropriate development. |
Millstone Township notes that a new 2011 State Energy Master Plan has been prepared as a basis to fulfill the State's energy needs for the next 10 years. The Township agrees with a policy of the plan to focus the development of large renewable energy resource facilities on large commercial, landfill and/or brownfield sites and discourage the development of such facilities which will adversely impact the preservation of farmland and open space lands. |
b. COLLECTOR SURFACE METEOROLOGICAL TOWER RENEWABLE ENERGY FACILITY ROTOR DIAMETER SMALL WIND ENERGY SYSTEM SOLAR COLLECTOR SOLAR ENERGY SOLAR ENERGY SYSTEM SOLAR PANEL SYSTEM HEIGHT TOWER HEIGHT VAWT SYSTEMS WIND GENERATOR WIND TOWER WIND, SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE
Definitions.
Any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process but does not include frames, support and mounting hardware.
A structure designed to support the gathering of wind energy resource data and includes the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow and characterize the wind resource at a given location. For the purpose of this ordinance, meteorological towers shall conform to the requirements for small wind energy systems.
A facility that engages in the production of electric energy from solar technologies, photovoltaic technologies, or wind energy.
The cross sectional dimension of the circle swept by the rotating blades of a wind-powered energy generator.
A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity consistent with applicable provisions of the State Uniform Construction Code promulgated pursuant to the "State Uniform Construction Code Act," P.L. 1975, c. 217 (C.52:27D-119 et seq.) and technical bulletins issued pursuant to Section 2 of P.L. 2009, c. 244 (N.J.S.A. 40:55D-66.13), and which will be used primarily for on-site consumption.
A device, structure or part of a device or structure in which a substantial purpose is used to transform solar energy into thermal, mechanical, chemical or electrical energy.
Direct radiant energy received from the sun.
A solar energy system and all associated equipment including any generator, base, foundation, structural support, wire, batteries or other components necessary to convert solar energy into usable electrical energy through the use of solar panels.
An elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes flat plate, focusing solar collectors, or photovoltaic solar cells and excludes the base or foundation of the panel, plate, canopy, or array.
For small wind energy systems, the height above grade of the tower plus the wind generator.
The height above grade of the fixed portion of the tower, excluding the wind generator.
A vertical axis wind turbine which utilizes vertical panels as opposed to horizontal propellers.
Blades and associated mechanical and electrical conversion components mounted on top of the tower.
The monopole, freestanding, or guyed structure that supports a wind generator.
A facility or structure for the purpose of supplying electrical energy produced from wind, solar, or photovoltaic technologies, whether such facility or structure is a principal use, a part of the principal use or an accessory use or structure.
c.
Solar Energy Systems.
1.
Rooftop or building mounted solar collectors are permitted as accessory uses and structures in all zoning districts in the Township and for all principal permitted buildings in the Township, subject to the following requirements:
(a)
On residential properties, solar panels and all accessory equipment for the solar energy system shall not exceed a height of 12 inches beyond the edge of the roofline or above the highest point of the roof structure or surface upon which the panels and equipment are located.
(b)
On all other properties, solar panels and all accessory equipment for the solar energy system shall not exceed a height of 12 inches above the highest point of the roof surface upon which they are located, but in no event shall the placement of the solar panels or any related accessory equipment result in a total height, inclusive of the building, exceeding that height which is otherwise permitted in the applicable zoning district.
(c)
Any ground-mounted accessory equipment associated with the rooftop or building-mounted solar collectors shall be no higher than 10 feet in height and shall be located within 10 feet of the building upon which the panels are located and shall conform to the accessory building setbacks and the coverage requirements of the applicable zoning district.
(d)
For all residential properties, a zoning permit for a compliant rooftop or building-mounted solar energy system on a residential property is required from the Township Zoning Officer in accordance with § 35-3-7.1 of this chapter, and all information required by the Zoning Officer to determine compliance with the provisions of this ordinance shall be provided for the permit.
2.
Ground-mounted or freestanding solar collectors are permitted as accessory uses and structures in all zoning districts of the Township subject to the following requirements:
(a)
Ground-mounted arrays and freestanding solar collectors may be located only on properties at least one acre or greater in area.
(b)
The total surface area of all ground-mounted or freestanding solar collectors on a residential lot shall not exceed a maximum aggregate area of 900 square feet on lots one acre to five acres in area, 1,050 square feet on lots five acres to 10 acres in area, and 1,200 square feet on lots 10 acres or larger in area.
(c)
The solar collectors and accessory equipment shall not be permitted in front yard areas.
(d)
The location of any ground-mounted or freestanding solar collectors or other structures or equipment associated with a solar energy system on a residential lot shall be set back a distance of 40 feet from all side and rear property lines; for nonresidential lots, the setback shall be 50 feet or the accessory building setback requirement of the applicable zoning district, whichever distance is greater.
(e)
The height of the solar collectors and any mounts shall not exceed 12 feet when oriented at maximum tilt, except where topographic or other conditions require a greater height.
(f)
The solar collectors shall be located so that any glare is directed away from an adjoining property or street; landscaped vegetative screening may be required between the solar energy system and adjacent properties or streets where insufficient screening exists to obscure or shield the view, year-round from the street or adjacent property, particularly in the instance of an adjacent residential use or district or an historic site or district.
(g)
All electrical wires servicing a ground-mounted solar system, other than wires necessary to interconnect the solar panels, and the grounding wires shall be located underground.
(h)
If the solar collectors and ground-mounted equipment are to be surrounded by a fence, all such fencing shall be set back at least 15 feet from any property line and shall be at least four feet but no greater than six feet in height.
(i)
The installation of the solar collectors or panels and any accessory equipment shall be outside any land area exhibiting freshwater wetlands, wetland transitional buffers, one-hundred-year floodplains, topographic slopes 15% or greater, and/or stream corridor buffers.
(j)
In order to ensure that there will be minimal disturbance and impact to the land and to promote easy removal and rehabilitation of the site, the preferable method of installation of the solar collectors or panels is by removable earth screws, auger driven piers or a similar system that does not require concrete footings or other relatively permanent foundations. The installation shall respect the natural contours and no grading shall be permitted for the system itself. The area below the solar collectors or panels shall be field seeded with native plantings to promote biodiversity and a natural habitat.
(k)
All ground-mounted or freestanding solar energy systems with a total surface area not exceeding the applicable maximum aggregate area permitted in § 35-4-9.8c2(b) herein shall be submitted for review and approval by the Township Engineer and the Township Land Use Planner.
(1)
Once approved by the Township Engineer and the Township Land Use Planner, the plans shall be signed by the Township Engineer, and no construction permit shall be issued by the Township Construction Official until he or she is in receipt of such signed plans.
(2)
An escrow account of $1,500 shall be established by the applicant with Millstone Township to pay for the time expended by the Township Engineer and the Township Land Use Planner, and an application fee of $250 also shall be provided.
(l)
For any ground-mounted or freestanding solar energy system with a total aggregate surface area which exceeds the applicable maximum aggregate area permitted in § 35-4-9.8c2(b) herein, see § 35-4-9.8h of this ordinance for site plan approval requirements.
d.
Small Wind Energy Systems.
1.
Small wind energy systems are permitted as accessory uses on lots in all zoning districts in the Township, subject to the following requirements:
(a)
A minimum lot size of five acres shall be required to install a small wind energy system, and no more than one small wind energy system shall be permitted on a lot.
(b)
Small wind energy systems shall not be located within any front yard area.
(c)
Towers shall be set back a distance equal to 1.5 times the height of the tower from all property lines, public roads, dwellings, and overhead power lines. The distance shall be measured from the center of the tower.
(d)
The maximum total height of any small wind energy system shall not exceed 100 feet; the total height shall include the vertical distance from the ground to the tip of a wind generator blade when the tip is at its highest point.
(e)
Small wind energy systems shall be placed in such a manner as to minimize visual impacts to adjacent residential zoning districts and/or existing residential uses.
(f)
Access restrictions shall be designed as follows:
(1)
All ground-mounted electrical and control equipment shall be labeled and secured to prevent unauthorized access.
(2)
The tower shall be designed and installed so as not to provide permanent step bolts, ladders, or other publicly accessible means of climbing the tower for a minimum height of 10 feet above the ground.
(g)
A small wind energy system shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration or other applicable authority.
(h)
A small wind energy system shall remain painted or finished in a grey or white color that was originally applied by the manufacturer unless the approving authority determines that their visual impact on the surrounding landscape will be minimized by another color or finish.
(i)
The level of noise produced by a small wind energy system shall not exceed 55 dBa beyond the ambient noise levels prior to construction as measured at the property boundaries of the property on which the small wind energy system is to be located.
(j)
No small wind energy system shall be roof mounted, except that a VAWT system may be installed upon any portion of a roof, provided that the total height of the system shall not extend beyond 10 feet above the roof line and provided further that the said VAWT system shall be set back no less than 50 feet from any property line.
(k)
All wind energy systems, except for a VAWT system permitted to be constructed on a roof, shall be mounted on a monopole, shall not utilize a truss frame construction, and shall not require a wired guyed system.
(l)
All wind energy systems shall be designed with an automatic braking system and an over-speed control to prevent over-speeding and excessive pressure on the tower structure during periods of excessively high winds.
(m)
The blades on the small wind energy system shall be constructed of a corrosive resistant material, and the tower shall not be constructed of aluminum.
(n)
There shall be a minimum ground clearance of at least 15 feet between the finished grade and bottom of any rotor, blade or moving part of a wind energy system.
(o)
A meteorological tower shall be permitted under the same standards and requirements as a small wind energy system.
e.
Solar Energy Systems in Residential Developments of 25 or More Dwelling Units.
1.
Residential developments of 25 or more dwelling units for owner occupancy shall conform to the provisions of the "Residential Development Solar Energy Systems Act" (N.J.S.A. 52:27D-141.1 et seq.) and standards relative to solar energy systems adopted by the Commissioner of the Department of Community Affairs pursuant to N.J.S.A. 52:27D-141.7.
2.
Where technically feasible, as determined by the Commissioner of the Department of Community Affairs in consultation with the Board of Public Utilities, a developer shall offer to install, or to provide for the installation of, a solar energy system into a dwelling unit when a prospective owner enters into negotiations with the developer to purchase a dwelling unit.
f.
Energy Generation Facilities As Accessory Uses on Preserved Farmland, Commercial Farms and Other Farms.
1.
Preserved Farmland.
(a)
Notwithstanding any law, rule or regulation to the contrary, a person who owns preserved farmland may construct, install, and operate biomass, solar, or wind energy generation facilities, structures, and equipment on the farm, whether on the preserved portion of the farm or on any portion excluded from preservation, for the purpose of generating power or heat, and may make improvements to any agricultural, horticultural, residential, or other building or structure on the land for that purpose, provided that the biomass, solar, or wind energy generation facilities, structures, and equipment:
(1)
Do not interfere significantly with the use of the land for agricultural or horticultural production as determined by the State Agriculture Development Committee;
(2)
Are owned by the landowner, or will be owned by the landowner upon the conclusion of the term of an agreement with the installer of the biomass, solar, or wind energy generation facilities, structures, or equipment by which the landowner uses the income or credits realized from the biomass, solar, or wind energy generation to purchase the facilities, structures, or equipment;
(3)
Are used to provide power or heat to the farm, either directly or indirectly, or to reduce, through net metering or similar programs and systems, energy costs on the farm; and
(4)
Are limited in annual energy generation capacity to the previous calendar year's energy demand plus 10%, in addition to energy generated from facilities, structures or equipment existing on the roofs of buildings or other structures on the farm as of January 16, 2011 pursuant to N.J.S.A. 4:1C-32.4b., or, alternatively and at the option of the landowner, occupy no more than 1% of the area of the entire farm, including both the preserved portion and any portion excluded from preservation.
(b)
The person who owns the farm and the energy generation facilities, structures, and equipment may only sell energy through net metering or as otherwise permitted under an agreement allowed pursuant to § 35-4-9.8f1(a)(2) above.
(c)
For the purposes of this ordinance subsection, the following definitions apply:
(1)
BIOMASS – An agricultural crop, crop residue, or agricultural by-product that is cultivated, harvested, or produced on the farm and which can be used to generate energy in a sustainable manner.
(2)
NET METERING – The same as that term is used for purposes of Subsection e of Section 38 of P.L. 1999, c. 23 (N.J.S.A. 48:3-87).
(3)
PRESERVED FARMLAND – Land on which a development easement was conveyed to, or retained by, the committee, a board, or a qualifying tax exempt nonprofit organization pursuant to the provisions of Section 24 of P.L. 1983, c. 32 (N.J.S.A. 4:1 C-31), Section 5 of P.L. 1988, c. 4 (N.J.S.A. 4:1C-31.1), Section 1 of P.L. 1989, c. 28 (N.J.S.A. 4:1C-38), Section 1 of P.L. 1999, c. 180 (N.J.S.A. 4:1C-43.1), Sections 37 through 40 of P.L. 1999, c. 152 (N.J.S.A. 13:8C-37 through 13:8C-40), or any other state law enacted for farmland preservation purposes.
(d)
Required State Approvals.
(1)
A landowner shall seek and obtain the approval of the State Agriculture Development Committee before constructing, installing, and operating biomass, solar, or wind energy generation facilities, structures, and equipment on the farm as allowed pursuant to § 35-4-9.8f1(a) above.
(2)
In the case of biomass energy generation facilities, structures, or equipment, the landowner shall also seek and obtain the approval of the Department of Agriculture as required pursuant to Section 5 of P.L. 2009, c. 213 (N.J.S.A. 4:1C-32.5) if the land is valued, assessed and taxed pursuant to the "Farmland Assessment Act of 1964," P.L. 1964, c. 48 (N.J.S.A.54:4-23.1 et seq.).
(e)
See § 35-4-9.8f3 hereinbelow for additional provisions and requirements.
2.
Commercial Farms.
(a)
Notwithstanding the provisions of any municipal or County ordinance, resolution, or regulation to the contrary, the owner or operator of a commercial farm, located in an area in which, as of December 31, 1997 or thereafter, agriculture is a permitted use under the Township Land Use And Development Regulations and is consistent with the Township Master Plan, or which commercial farm is in operation as of July 2, 1998, and the operation of which conforms to agricultural management practices recommended by the State Agriculture Development Committee and adopted pursuant to the provisions of the "Administrative Procedure Act," P.L. 1968, c. 410 (C.52:14B-1 et seq.), or whose specific operation or practice has been determined by the Monmouth County Agricultural Development Board to constitute a generally accepted agricultural operation or practice, and all relevant Federal or State statutes or rules and regulations adopted pursuant thereto, and which does not pose a direct threat to public health and safety may engage in the generation of power or heat from biomass, solar, or wind energy, provided that the energy generation is consistent with P.L. 2009, c. 213 (C.4:1C-32.4 et al.), as applicable, and the rules and regulations adopted therefor and pursuant to Section 3 of P.L. 2009, c. 213 (N.J.S.A. 4:1C-9.2).
(b)
No land used for biomass, solar, or wind energy generation shall be considered land in agricultural or horticultural use or actively devoted to agricultural or horticultural use for the purposes of the "Farmland Assessment Act of 1964," P.L. 1964, c. 48 (C.54:4-23.1 et seq.), except as provided in Section 6 of P.L. 1983, c. 31 (N.J.S.A 4:1C-9), and no generated energy from any source shall be considered an agricultural or horticultural product.
(c)
Land used for biomass, solar, or wind energy generation may be eligible for valuation, assessment and taxation pursuant to P.L. 1964, c. 48 (C.54:4-23.1 et seq.) with the provisions of Subsection b of N.J.S.A. 54:4-23.3c, as specifically determined by the Township Tax Assessor in consultation with the Township Attorney, as necessary.
(d)
A landowner shall seek and obtain the approval of the State Department of Agriculture before constructing, installing, or operating biomass energy generation facilities, structures, and equipment on any land that is valued, assessed and taxed pursuant to the "Farmland Assessment Act of 1964," P.L. 1964, c. 48 (C.54:4-23.1 et seq.), in addition to any other approvals that may be required by law.
(e)
The installation of any biomass, solar, or wind energy generation facility on a commercial farm shall abide by the rules, standards and regulations, including N.J.A.C. 2:76-2A.12, that are, or may be, established by the State Agriculture Development Committee (SADC) as well as those set forth in this ordinance, provided that the latter are not in conflict with any rules, standards and regulations established by the SADC or State Department of Agriculture.
(f)
See § 35-4-9.8f3 herein below for additional provisions and requirements.
3.
Additional Provisions and Requirements for Any Farm: Notwithstanding anything to the contrary in this ordinance, the following requirements shall also be applicable to any accessory wind, solar or photovoltaic energy system on any preserved farmland, commercial farmland or on any other farm:
(a)
The minimum distance between any portion of a solar or photovoltaic energy facility and a street line shall be 75 feet and the minimum distance from any other property line shall be 50 feet, unless a greater setback is required by the SADC or any other outside agency.
(b)
Wind towers shall be set back a distance equal to 1.5 times the height of the tower from all property lines, public roads, dwellings, and overhead power lines. The distance shall be measured from the center of the tower.
(c)
The maximum total height of any small wind energy system shall not exceed 120 feet; the total height shall include the vertical distance from the ground to the tip of a wind generator blade when the tip is at its highest point.
(d)
No portion of any wind, solar or photovoltaic energy system shall be constructed or installed on prime farmlands as defined by the USDA Natural Resources Conservation Service and/or identified in an "Agricultural Development Area," unless the applicant can show that there is no other option for the location of such accessory structures on the farm.
(e)
The construction and installation of any energy system shall be designed to minimize any adverse impacts on the productivity of the soil.
(g)
Where site plan approval is required for any energy management system on a farm, a plan that prescribes the conservation and natural resource management measures for the conservation, protection and development of natural resources, the maintenance and enhancement of agricultural or horticultural productivity, and the control and prevention of non-point pollution shall be required as part of the site plan application.
g.
General Requirements for Wind, Solar or Photovoltaic Energy Systems.
1.
Solar panels shall not be included in any calculation of impervious surface or impervious cover in accordance with N.J.S.A. 40:55D-38.1.
2.
Solar energy systems shall be designed to sustain wind loads up to 110 miles per hour and snow loads of 50 pounds per square foot.
3.
Wind, solar or photovoltaic energy systems or any associated structure shall not be used for displaying any advertising or signage, except for reasonable identification of the manufacturer, installer, or operator of the system and appropriate warning signs, all not to exceed, in aggregate, four square feet in area.
4.
The design of a wind, solar or photovoltaic energy system shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend into the natural setting and existing environment.
5.
When a new driveway or road is required for access to the wind, solar or photovoltaic systems, the surface shall be either pervious pavement or gravel and shall be the minimum width to accommodate maintenance as well as emergency vehicles.
6.
All wind, solar or photovoltaic energy system installations must be performed by a qualified installer, and prior to operation the electrical connections must be inspected by the Township or other appropriate electrical inspection agency, as determined by the Township. In addition, any interconnection to the public utility grid must be inspected by the appropriate public utility.
(a)
All power lines from a wind, solar or photovoltaic energy system to on-site interconnection equipment shall be located underground and installed by a certified professional and must meet all applicable national, State, and local electrical codes.
(b)
The installation of any energy system shall conform to the National Electric Code as adopted by the NJ Department of Community Affairs and the State Uniform Construction Code.
(c)
Wind, solar or photovoltaic energy systems that connect to the electric utility grid shall comply with the New Jersey Net Metering and Interconnection Standards for Class I Renewable Energy Systems at N.J.A.C. 14:4-9 and as required by the electric utility servicing the property.
7.
When batteries are included as part of the wind, solar or photovoltaic energy system, the batteries require a charge controller and must be placed in a secure container or enclosure meeting the requirements of the State Uniform Construction Code when in use and, when no longer used, the batteries shall be disposed of in accordance with the laws and regulations of Monmouth County and other applicable laws and regulations. It is preferable to have the energy system connected to the energy grid in lieu of stand-alone systems relying upon batteries to store excess power.
8.
If a wind, solar or photovoltaic energy system ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the tower, collector, mount and/or associated equipment and facilities by no later than 90 days after the end of the twelve-month period and shall restore the property to its original condition.
9.
No portion of any wind, solar or photovoltaic energy system shall be located within 250 feet of the closest property line of an historic site or historic district, and the energy system shall be screened from the view of the historic site or historic district.
10.
The applications for a wind, solar or photovoltaic energy system shall conform to the provisions of § 35-11-25 of this ordinance, entitled "Tree Preservation," with respect to tree removal.
(a)
Any trees and/or shrubs to be removed to accommodate the installation of a wind, solar or photovoltaic energy system shall be accompanied by a site plan identifying the location, size and species of trees to be removed and demonstrating the need to remove the trees.
(b)
An applicant shall locate a wind, solar or photovoltaic energy system so that tree removal is not required to the extent practical; where trees are to be removed, the Planning Board or Zoning Board, as the case may be, may require the replacement of trees on the subject property at a one-to-one ratio.
11.
Where site plan approval is required, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of the proposed wind, solar or photovoltaic energy systems and its components. Applications and permits for a wind, solar or photovoltaic energy system shall include information demonstrating its efficiency and its compliance with the provisions of this ordinance.
h.
Site Plan Application Requirements.
1.
Minor site plan approval from the Planning Board, in accordance with § 35-9-2 of this chapter and § 35-4-9.8h3 of this ordinance hereinbelow shall be required for the following wind, solar or photovoltaic energy facilities, with any required variance relief being in accordance with N.J.S.A. 40:55D-70c of the Municipal Land Use Law:
(a)
For any proposed rooftop- or building-mounted solar energy system on a residential property that is not in compliance with the provisions of § 35-4-9.8c1 of this ordinance.
(b)
For any proposed rooftop- or building-mounted solar energy system pursuant to § 35-4-9.8c1 of this ordinance on any property other than a residential property.
(c)
For any ground-mounted or freestanding solar energy system pursuant to § 35-4-9.8c2 of this ordinance which has a total aggregate surface area more than 750 square feet but less than 5,000 square feet.
2.
Major site plan approval from the Planning Board, in accordance with § 35-9-2 of this chapter and § 35-4-9.8h3 of this ordinance hereinbelow, shall be required for any ground-mounted or freestanding solar energy system pursuant to § 35-4-9.8c2 of this ordinance with a total aggregate surface area of 5,000 square feet or more.
3.
All site plan applications shall be accompanied by a plot plan survey which shall include the following information in addition to any other information required for the minor or major site plan application pursuant to § 35-9-2.1 of this chapter:
(a)
Property lines and physical dimensions of the property, as shown on a current survey;
(b)
Location, dimension, and types of existing structures and easements on the property;
(c)
Location, dimensions and type of the proposed wind, solar or photovoltaic energy system, including manufacturer's specifications and operation requirements, the model of all components, panel height and width, ground elevation and height of the system, and setbacks from property lines and buildings;
(d)
Orientation of the wind, solar or photovoltaic energy system;
(e)
The right-of-way line of any public or private road contiguous with the property;
(f)
Any above ground or overhead utility lines;
(g)
Existing and proposed landscaping and fencing for ground-mounted systems, including photographs of the area proposed for the energy system;
(h)
The location of any historic site or district within 200 feet of the property upon which an energy system is proposed and the distance between the closest property line of an historic site or district and the proposed energy system;
(i)
For small wind energy systems, verification from a qualified design professional that the proposed location and proposed tower elevation has sufficient wind speeds for operation of the wind energy system;
(j)
For small wind energy systems, tower and tower foundation drawings prepared and sealed by a licensed engineer in the State of New Jersey; and
(k)
For small wind energy systems, noise levels of the proposed wind energy system at all property lines.
4.
Upon completion of a small wind energy system, a certified letter from a professional engineer will be required to be submitted by the applicant to the Township Clerk stating that the structure was constructed in accordance with the approved drawings.
§ 35-4-9.9 Private Swimming Pools.
[Ord. No. 2014-13]
a.
Private swimming pools shall mean a pool located as an accessory use to a residence for the occupants and guests of the residence.
b.
Private swimming pools on residential lots shall be located in the rear yard only. On corner lots, see definition for "Lot, corner."
c.
As used herein, the use of a private swimming pool shall not include the charging of any fee or contribution for the use of the pool and its adjacent areas. Such activity is specifically prohibited in a residential zone.
§ 35-4-9.10 Subsurface Sewage Disposal Systems.
Subsurface sewage disposal systems are subject to the following requirements:
a.
The area used for sewage disposal shall be free of encroachments by driveways, parking lots (paved or otherwise), accessory buildings, building additions, patios, decks, any trees or shrubbery whose roots may cause clogging of any part of the system, or other form of encroachment which may adversely affect the functioning of the system or system maintenance.
b.
No mounded disposal field shall be constructed whose sides have slopes that exceed one vertical foot for every six horizontal feet. Side slopes that do not exceed one vertical foot for every three horizontal feet may be permitted in situations where the Township Engineer, Planning Board Engineer or Construction Official determines that an increase in slope will help preserve specimen trees or significant woodland.
§ 35-4-9.11 Accessory Building Size Restrictions.
[Ord. No. 11-18 § 2; Ord. No. 2015-04; Ord. No. 2015-14; amended 7-17-2024 by Ord. No. 24-11]
a.
Except for permitted accessory buildings on farms, the maximum building footprint of any accessory building is limited as follows unless a different size is specified in this subsection for a particular type of accessory building:
1.
Lots six acres in size and larger: 1,200 square feet for any single accessory building, provided that the total area of all accessory buildings does not exceed 2,400 square feet.
2.
Lots three acres, but less than six acres in size: 1,000 square feet for any single accessory building, provided that the total area of all accessory buildings does not exceed 2,000 square feet.
3.
Lots one acre, but less than three acres in size: 900 square feet for any single accessory building, provided that the total area of all accessory buildings does not exceed 1,800 square feet.
4.
Lots less than one acre in size: 750 square feet for any single accessory building, provided that the total area of all accessory buildings does not exceed 1,500 square feet.
c.
For permitted accessory buildings on farms, the size of any accessory building is subject to the "Maximum Percent Lot Coverage" and the "Maximum Percent Building Coverage" provisions of the applicable zoning district, except where otherwise specified in this chapter.
d.
Any detached garage or storage building proposed in the side yard, adjacent to the principal residence, or in the rear yard visible from the public street shall be architecturally consistent to the principal residence including siding and roofing materials and color.
§ 35-4-9.12 Fences.
[Ord. No. 13-12]
a.
On any lot in any zoning district, all fences shall be erected within the property lines of the subject property and shall not encroach onto any adjacent street right-of-way or onto any other adjacent property.
b.
On any lot in any district, all fences shall be situated on a lot in such a manner that the finished side of the fence faces any adjacent properties.
c.
On any lot in any district, no fence shall be erected with barbed wire or electrified wire, topped with metal spikes, or constructed in any manner which may be dangerous to persons or animals, except that fences specifically for agricultural uses on farmland assessed properties in excess of 10 acres in area may be erected with barbed wire or electrified wire in accordance with requirements and standards set forth herein.
d.
On any lot in any district, no fence shall be erected or altered so that said fence is higher than six feet in side and rear yard areas and four feet in front yard areas, provided that all fencing in front yard areas shall be at least 50% open, but shall not be constructed of chain-link, and except as follows:
1.
On any farmland assessed property, a high-tensile woven wire fencing a maximum eight feet high, which may be electrified and is designed to deter deer and small mammals, may be constructed in side and rear yard areas only, provided that the fencing is set back at least 10 feet from any street right-of-way line and any other property line.
2.
A residential lot may have fencing around a vegetable or flower garden not exceeding 5,000 feet in area designed to deter deer and small mammals from entering, provided and in accordance with the following:
(a)
The fence shall be located in the rear yard area only.
(b)
The fence shall not exceed eight feet in height, provided that any portion of the fence over six feet high shall be constructed only of thin, high-tensile woven wire running parallel to the ground or in a grid pattern, with no non-perpendicular or non-parallel elements.
(c)
Any portion of the fence higher than six feet shall have at least a six inch separation between all vertical (stay) wires and between all horizontal (line) wires.
(d)
Any portion of the fence utilizing the thin, high-tensile woven wire shall have the wire tautly stretched between the supports so that the wiring does not sag or droop.
(e)
If the fence is higher than six feet the fence shall be set back from any lot line by at least 15 feet or the distance required for an accessory building in the subject zoning district, whichever distance is greater.
3.
A dog run may have fencing a maximum eight feet high, provided that the dog run is located in rear yard areas only and that the fence is set back from any lot line the distance required for an accessory building in the subject zoning district.
4.
A tennis court or other court used for sport activity may be surrounded by a fence a maximum 15 feet high, provided that the tennis court is located in rear yard areas only and that the fence is set back from any lot line at least 25 feet or the distance required for an accessory building in the subject zoning district, whichever distance is greater.
6.
Security and/or safety fencing for schools and other public uses and for the screening of permitted outdoor storage areas may have fencing a maximum eight feet high, provided that the fence is located in rear yard areas only and is set back from any lot line by at least 15 feet or the distance required for an accessory building in the subject zoning district, whichever distance is greater.
7.
On nonresidential properties being developed pursuant to a certain settlement agreement in the case of "In the Matter of the Application of the Township of Millstone and the Planning Board of the Township of Millstone, County of Monmouth, Superior Court of New Jersey, Law Division, Monmouth County Docket No. MON-L-2501-15," security fencing and sound walls may have a height necessary to provide adequate security for the premises and adequate sound attenuation but not to exceed 20 feet, unless a higher sound attenuation is demonstrated to be required in order to comply with NJDEP noise regulations, in which case adequate screening shall be provided to mitigate any adverse visual impacts.
[Added 3-18-2020 by Ord. No. 20-06]
e.
All fences shall require the issuance of a zoning permit, except that fencing specifically for agricultural uses on farmland assessed properties in excess of 10 acres in area shall not require the issuance of a zoning permit.
§ 35-4-9.13 Emergency Generators In Nonresidential Zones.
[Added 5-20-2020 by Ord. No. 20-12]
Emergency generators in nonresidential zones shall be a permitted accessory use subject to the following standards:
a.
Any generator shall be for emergency use only.
b.
Generators shall be located on the same property as the use they are designed to serve.
c.
No generator shall be located closer than 10 feet to any nonresidential property line.
d.
Generators adjacent to residential zones or uses shall meet the setback standards of the principal building.
e.
No generator shall be located between the building line and the street line.
f.
Generators shall be screened with vegetation or a solid wood fence not to exceed six feet in height.
g.
Any propane or diesel storage shall be subject to all applicable building and fire code standards and shall be screened.
§ 35-4-10 HOME OCCUPATION.
Home occupations shall be conducted solely by resident occupants of the lot and shall meet the following standards:
a.
No more than one person not a resident of the building may be employed on the premises at any one time.
b.
No more than 500 square feet, or the equivalent of 40% of the first floor area of the building, whichever is smaller, shall be used for such purposes.
c.
The home occupation remains subordinate and incidental to the principal residential use.
d.
No display of products shall be visible from the street.
e.
The residential character of the neighborhood and building shall not be changed.
f.
The occupation shall be conducted entirely within either the dwelling or accessory building, but not both.
g.
No occupational sound shall be audible outside the building.
h.
No machinery or equipment shall be used which will cause interference with radio and television reception in the neighboring residences.
i.
Adequate parking is provided.
j.
The use does not reduce the parking supply or yard requirements of the principal residential use.
§ 35-4-11.1 General Requirements.
Prior to the issuance of a building permit for any commercial or industrial use, the applicant shall submit proof satisfactory to the Zoning Officer that the proposed industrial process will conform to the performance standards set forth in this section. Adherence to these standards shall be a condition of the issuance of the permit. If at any time subsequent to the establishment of the use, it violates any of these standards, such violation will be cause for the revocation of the Certificate of Occupancy. Any such revocation will not be restored until such time as the applicant provides additional proof to the Zoning Officer that the conditions causing the revocation have been corrected.
§ 35-4-11.2 Fire and Explosive Hazards.
All activities shall be carried on only in structures which conform to the standards of the National Board of Fire Underwriters, the Uniform Construction Code and the Township Fire Ordinance. All operations shall be carried on and all combustible raw materials, fuels, liquids and finished products shall be stored in accordance with the standards of the Board of Fire Underwriters.
§ 35-4-11.3 Air Pollution.
The emission of smoke or particulate matter in such manner or quantity as to be detrimental to the public health, safety or welfare shall be considered a violation of this chapter. More specifically, the emission of smoke or particulate matter shall be in accordance with N.J.A.C. 7:27 et seq, Air Pollution Control.
§ 35-4-11.4 Noise.
There shall be no noise defined as follows: The sound pressure level radiated continuously from a facility shall not exceed the following in any octave band of frequency:
Frequency Band Level Per Second | Cycles-Bank Pressure (Decibels)* |
|---|---|
20 to 75 | 69 |
75 to 150 | 54 |
150 to 300 | 47 |
300 to 600 | 41 |
600 to 1,200 | 37 |
1,200 to 2,400 | 34 |
2,400 to 4,800 | 31 |
4,800 to 9,600 | 28 |
* | According to the following formula, sound pressure level in decibels equals 20 log P/P2 where P2 equals 0.0002 dynes/square centimeter. If the noise is not smooth and continuous and is not radiated at nighttime, 1 or more of the following corrections shall be added to or subtracted from each of the decibel levels given below: |
Type of Operation or Character of Noise | Correction in Decibels** |
|---|---|
Daytime operation only | +5 |
Noise source operates less than 20% of the time | +5 |
Noise source operates less than 5% of the time | +10 |
Noise source operates less than 1% of the time | +15 |
Noise of impulsive character (hammering, etc.) | +5 |
Noise of periodic character (hum, screech, etc.) | +5 |
** | Apply only 1 of these corrections |
The foregoing measurements shall be made at the nearest boundary line of the property and shall be measured with a sound level meter and an octave band analyzer that conforms to the specifications published by the American Standards Association, Inc. Notwithstanding anything herein to the contrary, on nonresidential properties being developed pursuant to a certain settlement agreement in the case of "In the Matter of the Application of the Township of Millstone and the Planning Board of the Township of Millstone, County of Monmouth, Superior Court of New Jersey, Law Division, Monmouth County Docket No. MON-L-2501-15," the NJDEP noise standard of 65 decibels shall apply during the daytime (7:00 a.m. to 10:00 p.m.) and 50 decibels during the nighttime (10:00 p.m. to 7:00 a.m.). [Added 3-18-2020 by Ord. No. 20-06] |
§ 35-4-11.5 Vibration.
Any operation or activity which shall cause at any time and at any point along any of its property lines, earthborne vibrations in excess of the limits set forth in Column 1 of the following table, is prohibited. In addition, any industrial operation or activity which shall cause, at any time and at any point in any Residential District, earthborne vibrations in excess of the limits set forth in Column 2 of the table, is prohibited. Vibration shall be expressed as displacement in inches and shall be measured with a standard three component measuring system. A three component measuring system is a device for recording the intensity of any vibration in three mutually perpendicular directions.
Frequency (Cycles Per Second) | (1) Displacement (Inches) | (2) Displacement (Inches) |
|---|---|---|
0 to 10 | 0.0003 | 0.0004 |
10 to 30 | 0.0005 | 0.0002 |
20 to 30 | 0.0002 | 0.0001 |
30 to 40 | 0.0002 | 0.0001 |
40 and over | 0.0001 | 0.0001 |
§ 35-4-11.6 Lighting.
[Ord. No. 96-15, Ord. No. 96-16]
Exposed sources of light, including bare bulbs and tubes and immediately adjacent reflecting surfaces, shall be shielded so as not to be transmitted across lot lines. The light intensity from illumination of any kind shall not exceed zero point five footcandles at any point along the lines of the lot generating the light. Any operation producing intense glare or heat shall be performed within an enclosure and in such a manner as not to be perceptible at or beyond any lot line. Exterior illumination, except that required for safety and security, shall be extinguished at 10:00 p.m. for the duration of the hours of darkness.
§ 35-4-11.7 Odors.
There shall be no emission of odorous gases or other odorous matter in such quantities as to be perceptible beyond the property line of the lot occupied by such use.
§ 35-4-11.8 Radiation.
Any operation involving radiation, i.e., the use of gamma rays, x-rays, alpha and beta particles, high speed electrons, neutrons, protons and other atomic or nuclear particles shall be permitted only in accordance with N.J.S.A. 26:2D-1, et seq. and the codes, rules and regulations adopted pursuant thereto.
§ 35-4-11.9 Electromagnetic Radiation.
Any activity causing, for any purpose, any planned or unplanned source of electromagnetic radiation which does not comply with the current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation is prohibited.
§ 35-4-11.10 Industrial Wastes.
No operation shall discharge industrial waste of any kind into any reservoir, pond or lake. The discharge of untreated industrial wastes into a stream shall be prohibited. All methods of sewage and industrial wastes treatment and disposal shall be approved by the Township Board of Health and Department of Environmental Protection of the State of New Jersey. Effluent from a treatment plant shall at all times comply with the following standards:
a.
Maximum five day biochemical demand: five parts per million.
b.
Maximum quantity of effluent: 10% of minimum daily stream flow.
c.
Maximum five day biochemical oxygen demands after dilution: (B.O.D. of effluent multiplied by quantity of effluent divided by quantity of stream flow) 0.25 parts per million.
d.
Maximum total solids: 5,000 parts per million.
e.
Maximum phenol: 0.01 parts per million.
f.
No effluent shall contain any other acids, oils, dust, toxic wastes, corrosive or other corrosive toxic substance in solution or suspension which would create odors, discolor, poison or otherwise pollute the stream in any way.
§ 35-4-12.1 Exterior Design and Appearance.
[Ord. No. 98-18, § III]
Each single-family dwelling constructed on a lot (the subject lot) pursuant to the approval of a major subdivision shall be substantially different in exterior design and appearance from any existing or proposed neighboring dwellings situated on any two adjacent lots on the same side of the street or on any two lots facing the subject lot on the opposite side of the street.
§ 35-4-12.2 Dwelling to be Deemed Substantially Different.
[Ord. No. 98-18, § III]
For a dwelling to be deemed substantially different, the building elevation facing the street must be different from the street elevations of its neighboring dwellings in at least three of the five following categories:
a.
The relative location of the garage, if attached, a portico, if any, or any other such significant structural appurtenance attached to the dwelling;
b.
The relative location or the size and type of windows and doors;
c.
The pitch of the roof as determined by its type and pitch;
d.
The type or pattern of siding materials;
e.
The type or pattern of roofing material.
§ 35-4-12.3 Submission of Basic House Designs Prior to Issuance of Development Permit.
[Ord. No. 98-13, § III]
No development permit shall hereafter be issued for more than one dwelling in a major subdivision until the developer has provided to the Township Zoning Officer the basic house designs to be used in the development. Thereafter, the Zoning Officer shall, prior to the issuance of a development permit, review the specific lot(s) on the map of the subdivision on file with the Township as to the type and model of each dwelling for which a development permit has been or is being issued within the development and determine that the neighboring dwellings are substantially different in accordance with the provisions of these regulations.
§ 35-4-12.4 Meeting the Provisions, Requirements and Standards of Section.
[Ord. No. 98-13, § III]
The provisions, requirements, and standards of this section shall not be considered met if only minor changes are made which fail to substantially alter the building plans.
§ 35-4-13 PLANTED BUFFER BETWEEN COMMERCIAL AND RESIDENTIAL USES.
[Ord. No. 99-06 § III]
Unless otherwise specified herein, a planted buffer of 50 feet in depth, 75 feet in depth in Business Park Zone, shall be provided by commercial development adjacent to residential zoning districts or a residential use. The planted buffer shall include decorative solid fencing or walls and berming berms to visually block or minimize visual impacts of the commercial use from residential zoning districts and permitted residential uses.
Wherever feasible existing natural vegetation shall be maintained and supplemented as necessary to screen the commercial use from the residential zoning districts, and permitted residential uses.
§ 35-4-14 STORMWATER MANAGEMENT.
[Amended Ord. No. 04-14, § I; Ord. No. 08-10, § I; 3-18-2020 by Ord. No. 20-06; 2-17-2021 by Ord. No. 21-01. Additional amendments noted where applicable.]
§ 35-4-14.1 Scope and Purpose.
[Amended 7-17-2024 by Ord. No. 24-10]
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 § 35-4-14.2.
c.
Applicability.
2.
This section shall also be applicable to all major developments undertaken by the Township of Millstone.
3.
An application required by ordinance pursuant to (b)1 above that has been submitted prior to July 17, 2024, shall be subject to the stormwater management requirements in effect on July 16, 2024.
4.
An application required by ordinance for approval pursuant to (b)1 above that has been submitted on or after March 2, 2021, but prior to July 17, 2024, shall be subject to the stormwater management requirements in effect on July 16, 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.
1.
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.
2.
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.
§ 35-4-14.2 Definitions.
[Amended 7-17-2024 by Ord. No. 24-10]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes. The CAFRA Planning Map is available on the Department's Geographic Information System (GIS).
An infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this chapter.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.
A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
An agency designated by the County Board of Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
The Department of Environmental Protection.
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.
A State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural land, development means: any activity that requires a state permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
The placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.
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.
The following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
An area or feature which is of significant environmental value, including but not limited to: stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and 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.
The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close to its source by:
An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.
Utilizing strategies and measures that manage stormwater runoff quantity and quality in the absence of structural stormwater measures, such as minimizing site disturbance, preserving natural vegetation and other important site features such as forests and especially core forests, reducing and disconnecting impervious cover, minimizing proposed ground slopes, utilizing native vegetation, minimizing turf grass lawns, revegetating areas, increasing time of concentration, and maintaining and enhancing natural drainage features and characteristics.
An individual "development," as well as multiple developments that individually or collectively result in:
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection a1, 2, 3, or 4 above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."
Land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low speed vehicles. For the purposes of this definition, motor vehicle does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be used by "motor vehicles" and/or aircraft, and is directly exposed to precipitation, including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with § 35-4-14.4f of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended [42 U.S.C. §§ 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
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.
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.
The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater conveyance system (for the purpose of this definition, a "new stormwater conveyance system" is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving water;
A net increase in motor vehicle surface; and/or quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the State’s future redevelopment and revitalization efforts.
The geographic application of the State Development and Redevelopment Plan’s goals and statewide policies, and the official map of these goals and policies.
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.
A public body authorized by legislation to prepare stormwater management plans.
The geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
A flood hazard area in which the flood elevation resulting from the two-, ten-, or 100-year storm, as applicable, is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent of the storm surge from a particular storm event, a flood hazard area may be tidal in the 100-year storm, but fluvial in more frequent storm events.
A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.
Previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
An area that is inundated or saturated by surface water or 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.
§ 35-4-14.3 Design and Performance Standards for Stormwater Management Measures.
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.
§ 35-4-14.4 Stormwater Management Requirements for Major Development.
[Amended 7-17-2024 by Ord. No. 24-10]
a.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 35-4-14.10.
1.
The development design shall limit the creation of stormwater runoff through implementation of low impact development techniques to the extent technically practicable without reduction of the allowable development given the applicable zoning and other provisions of state law or regulations, or of municipal ordinance.
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 § 35-4-14.4p, 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 § 35-4-14.4o, 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 § 35-4-14.4o, p, q and r to the maximum extent practicable;
3.
The applicant demonstrates that, in order to meet the requirements of § 35-4-14.4o, 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 § 35-4-14.4d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 35-4-14.4o, 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 § 35-4-14.4o, 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 amendment of the New Jersey Stormwater Best Management Practices Manual 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 Register a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
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 | 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) follow 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 | 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) follow 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 | Stormwater Runoff Quantity | Groundwater Recharge | Minimum Separation from Seasonal High Water Table (feet) |
Blue roof | 0% | Yes | No | N/A |
Extended detention basin | 40% to 60% | Yes | No | 1 |
Manufactured treatment device(h) | 50% or 80% | No | No | Dependent upon the device |
Sand filter(c) | 80% | Yes | No | 1 |
Subsurface gravel wetland | 90% | No | No | 1 |
Wet pond | 50% to 90% | Yes | No | N/A |
Notes to Tables 1, 2, and 3: | |
(a) | Subject to the applicable contributory drainage area limitation specified at § 35-4-14.4o2; |
(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 § 35-4-14.2; |
(h) | Manufactured treatment devices that do not meet the definition of green infrastructure at Section 35-4-14.2. |
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 § 35-4-14.6b. Alternative stormwater management measures may be used to satisfy the requirements at § 35-4-14-4o only if the measures meet the definition of green infrastructure at § 35-4-14.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 35-4-14.4o2 are subject to the contributory drainage area limitation specified at § 35-4-4.4o2 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 § 35-4-14.4o2 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 § 35-4-14.4d is granted from § 35-4-14.4o.
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 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 35-4-14.8c;
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 § 35-4-14.8; 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.
6.
Stormwater management measures shall be designed and demonstrated not to negatively impact wetlands or watercourses on site or adjacent to the property.
j.
Manufactured treatment devices may be used to meet the requirements of this subsection, 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 § 35-4-14.2 may be used only under the circumstances described at § 35-4-14.4o4.
k.
Any application for a new agricultural development that meets the definition of major development at § 35-4-14.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 35-4-15.4o, 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 § 35-4-15-4p, 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 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 § 35-4-14.4o, 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 § 35-4-14.10b5. 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 § 35-4-14.4 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 subsequently recorded with the Office of the 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 m. above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection m above.
o.
Green infrastructure standards.
1.
This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.
2.
To satisfy the groundwater recharge and stormwater runoff quality standards at § 35-4-14.4p and q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 35-4-14.4f and/or an alternative stormwater management measure approved in accordance with § 35-4-14.5g. 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 § 35-4-14.4r, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with § 35-4-14.4g.
4.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 35-4-14.4d 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 § 35-4-14.4g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 35-4-14.4p, 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 § 35-4-14.4p, q and r, unless the project is granted a waiver from strict compliance in accordance with § 35-4-14.4d.
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 § 35-4-14.5, 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 § 35-4-14.5d of this ordinance, is infiltrated.
3.
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection p4 below.
4.
The following types of stormwater shall not be recharged:
(a)
Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with Department approved remedial action work plan approved pursuant to the Administrative Requirements for the Remediation of Contaminated Sites rules, N.J.A.C. 7:26C, or Department landfill closure plan; and areas 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 5,000 square feet or more of regulated motor vehicle surface.
2.
Stormwater management measures shall be designed to reduce the post- construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:
(a)
80% TSS removal of the anticipated load, expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.
(b)
If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.
3.
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection q2 above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
4.
The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall 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 |
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 § 35-4-14.4p, 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 § 35-4-14.5, 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 § 35-4-14.5c and d, respectively, of this ordinance, do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events;
(b)
Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for the current and projected two-, ten- and 100-year storm events, as defined and determined in § 35-4-14.5c and d, respectively, of this ordinance, and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;
(c)
Design stormwater management measures so that the post-construction peak runoff rates for the current and projected two-, ten- and 100-year storm events, as defined and determined in § 35-4-14.5c and d, respectively, of this ordinance, are 50%, 75% and 80%, respectively, of the pre-construction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or
(d)
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection r2(a), (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.
§ 35-4-14.5 Calculation of Stormwater Runoff and Groundwater Recharge.
[Amended 7-17-2024 by Ord. No. 24-10]
a.
Stormwater runoff shall be calculated in accordance with the following:
1.
The design engineer shall calculate runoff using the following methods:
(a)
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at:
https://directives.sc.egov.usda.gov/viewerFS.aspx?hid=21422
or at United States Department of Agriculture Natural Resources Conservation Service, New Jersey State Office.
2.
For the purpose of calculating curve numbers and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "curve number" applies to the NRCS methodology above at paragraph a1. A curve number or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
3.
In computing pre-construction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce preconstruction stormwater runoff rates and volumes.
4.
In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 — Urban Hydrology for Small Watersheds or other methods may be employed.
5.
If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall 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:
1.
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 and Water Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
c.
The precipitation depths of the current two-, 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 chapter, 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 paragraph 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 | |||
|---|---|---|---|
Future Precipitation Change Factors | |||
2-Year Design Storm | 10-Year Design Storm | 10-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 |
§ 35-4-14.6 Sources for Technical Guidance.
[Amended 7-17-2024 by Ord. No. 24-10]
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.
§ 35-4-14.7 Solids and Floatable Materials Control Standards.
a.
Site design features identified under § 35-4-14.4f above, or alternative designs in accordance with § 35-4-14.4g 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 subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 35-4-14.7a2 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 inch across the smallest dimension.
(1)
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 Subsection 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 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
(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.
§ 35-4-14.8 Safety Standards for Stormwater Management Basins.
[Amended 7-17-2024 by Ord. No. 24-10]
a.
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin.
b.
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management basins and/or BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management basins and/or BMPs to be retrofitted to meet one or more of the safety standards in § 35-4-14.8c1, 2 and 3 for trash racks, overflow grates, and escape provisions at outlet structures.
c.
Requirements for trash racks, overflow grates and escape provisions.
1.
A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management basins to ensure proper functioning of the basins 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 basins shall include escape provisions as follows:
(a)
If a stormwater management basin and/or 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 basins and/or BMP. With the prior approval of the municipality pursuant to § 35-4-14.8c, a freestanding outlet structure may be exempted from this requirement;
(b)
Safety ledges shall be constructed on the slopes of all new stormwater management basins and/or BMP 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 feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See § 35-4-14.8e for an illustration of safety ledges in a stormwater management basin and/or BMP; and
(c)
In new stormwater management basins and/or BMP, 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.
1.
A variance or exemption from the safety standards for stormwater management basins 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.
 |
§ 35-4-14.9 Requirements for a Site Development Stormwater Plan.
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 § 35-4-14.9c 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 six copies of the materials listed in the checklist for site development stormwater plans in accordance with § 35-4-14.9c of this section.
b.
Site development stormwater plan approval.
1.
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 floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.
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. The map(s) shall also show the location of streams and rivers, and each type of wetlands, based on Geographic Information System (GIS) data from the New Jersey Department of Environmental Protection (NJDEP), the New Jersey Geological and Water Survey (NJGWS), or both. 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 §§ 35-4-14.3 through 35-4-14.5 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 § 35-4-14.4 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 § 35-4-14.10.
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 and the Millstone Township Environmental Commission, waive submission of any of the requirements in §§ 35-4-14.9c1 through 35-4-14.9c6 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.
§ 35-4-14.10 Maintenance and Repair.
a.
Applicability. Projects subject to review as in § 35-4-14.1c of this section shall comply with the requirements of § 35-4-14.10b and c.
b.
General maintenance.
1.
The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.
2.
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the New Jersey Stormwater Best Management Practices 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 § 35-4-14.10b3 above is not a public agency, the maintenance plan and any future revisions based on § 35-4-14.10b7 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 nonvegetated linings.
7.
The party responsible for maintenance identified under § 35-4-14.10b3 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 § 35-4-14.10b6 and 7 above.
8.
The requirements of § 35-4-14.10b3 and 4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
9.
For stormwater management facilities that are dedicated to and accepted by Millstone Township, the developer shall contribute to the Millstone Township Detention Basin Maintenance Fund as described in Ordinance 04-02.[1]
[1]
Editor's Note: Ordinance No. 04-02, adopted February 4, 2004, is codified as § 11-11 of the Revised General Ordinances.
10.
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.
§ 35-4-14.11 Penalties.
Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the penalties as specified in Chapter 1, § 1-5 of the "Revised General Ordinances of the Township of Millstone," entitled "General Penalty."
§ 35-4-14A.1 Purpose.
[Added 12-6-2023 by Ord. No. 23-18]
The purpose of this section is to prevent stored salt and other solid de-icing materials from being exposed to stormwater.
This section establishes requirements for the storage of salt and other solid de-icing materials on properties not owned or operated by the municipality (privately owned), including residences, in Millstone Township to protect the environment, public health, safety and welfare, and to prescribe penalties for failure to comply.
§ 35-4-14A.2 Definitions.
[Added 12-6-2023 by Ord. No. 23-18]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When consistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Any granular or solid material such as melting salt or any other granular solid that assists in the melting of snow.
A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
A permanent building or permanent structure that is anchored to a permanent foundation with an impermeable floor, and that is completely roofed and walled (new structures require a door or other means of sealing the access way from wind driven rainfall).
A fabric frame structure is a permanent structure if it meets the following specifications:
Concrete blocks, jersey barriers or other similar material shall be placed around the interior of the structure to protect the side walls during loading and unloading of de-icing materials;
The design shall prevent stormwater run-on and run through, and the fabric cannot leak;
The structure shall be erected on an impermeable slab;
The structure cannot be open sided; and
The structure shall have a roll-up door or other means of sealing the access way from wind-driven rainfall.
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
A person who resides on a residential property where de-icing material is stored.
The point of entry into the storm sewer system.
§ 35-4-14A.13 Deicing Material Storage Requirements.
[Added 12-6-2023 by Ord. No. 23-18]
a.
Temporary outdoor storage of de-icing materials in accordance with the requirements below is allowed between October 15 and April 15:
1.
Loose materials shall be placed on a flat, impervious surface in a manner that prevents stormwater run-through;
2.
Loose materials shall be placed at least 50 feet from surface water bodies, storm drain inlets, ditches and/or other stormwater conveyance channels;
3.
Loose materials shall be maintained in a cone-shaped storage pile. If loading or unloading activities alter the cone-shape during daily activities, tracked materials shall be swept back into the storage pile, and the storage pile shall be reshaped into a cone after use;
4.
Loose materials shall be covered as follows:
(a)
The cover shall be waterproof, impermeable, and flexible;
(b)
The cover shall extend to the base of the pile(s);
(c)
The cover shall be free from holes or tears;
(d)
The cover shall be secured and weighed down around the perimeter to prevent removal by wind; and
(e)
Weight shall be placed on the cover(s) in such a way that minimizes the potential of exposure as materials shift and runoff flows down to the base of the pile.
(1)
Sandbags lashed together with rope or cable and placed uniformly over the flexible cover, or poly-cord nets provide a suitable method. Items that can potentially hold water (e.g., old tires) shall not be used;
5.
Containers must be sealed when not in use; and
6.
The site shall be free of all de-icing materials between April 16 and October 14.
b.
De-icing materials should be stored in a permanent structure if a suitable storage structure is available. For storage of loose de-icing materials in a permanent structure, such storage may be permanent, and thus not restricted to October 15 through April 15.
c.
The property owner, or owner of the de-icing materials if different, shall designate a person(s) responsible for operations at the site where these materials are stored outdoors, and who shall document that weekly inspections are conducted to ensure that the conditions of this section are met. Inspection records shall be kept on site and made available to the municipality upon request.
1.
Residents who operate businesses from their homes that utilize de-icing materials are required to perform weekly inspections.
§ 35-4-14A.4 Exemptions.
[Added 12-6-2023 by Ord. No. 23-18]
Residents may store de-icing materials outside in a solid-walled, closed container that prevents precipitation from entering and exiting the container, and which prevents the de-icing materials from leaking or spilling out. Under these circumstances, weekly inspections are not necessary, but repair or replacement of damaged or inadequate containers shall occur within two weeks.
If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in subsection 35-4-14A.3 above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.
This section does not apply to facilities where the stormwater discharges from de-icing material storage activities which are regulated under another NJPDES permit.
§ 35-4-14A.5 Enforcement.
[Added 12-6-2023 by Ord. No. 23-18]
This section shall be enforced by the Code Enforcement Officer and/or other Municipal Officials of Millstone Township during the course of ordinary enforcement duties.
§ 35-4-14A.6 Violations and Penalties.
[Added 12-6-2023 by Ord. No. 23-18]
§ 35-4-15.1 Applicability of Requirements.
[Ord. No. 05-18 § 1]
In order to help assure that all residents within Millstone Township have access to park/playground areas, and that the applicants for residential subdivisions help fulfill this need, each residential subdivision shall contribute to the recreational facilities within the Township in accordance with the following:
a.
Subdivisions with more then 10 residential lots shall be required to set aside land within the subdivision for use as a park/playground.
1.
The set aside land area shall be contiguous lands with no freshwater wetlands, wetlands transitional buffers, one-hundred-year floodplains and/or lands with a topographic slope 15% or greater.
2.
The set aside land area shall be appropriately located for convenient pedestrian accessibility by the residents within the development.
§ 35-4-15.2 Amount of Land Required.
[Ord. No. 05-18 § 1]
The amount of land area to be set aside for use as a park/playground within a subdivision with more than 10 residential lots shall be calculated at the ratio of 0.0105 acres per person anticipated to reside in the development, which is the ratio (i.e., 10.5 acres of developed open space per 1,000 population) established by the National Recreation and Park Association (NRPA). The Millstone Township Planning Board or Zoning Board of Adjustment, as the case may be, shall determine the population anticipated within the subject residential development based upon the following:
a.
The 2000 U.S. Census population per family for Millstone Township, which was 3.46 persons; and
b.
Any additional evidence provided to the applicable Board by the applicant that persuasively indicates that more recent data differs from the 2000 U.S. Census number of persons per family, or that the 2000 U.S. Census number of persons per family is not anticipated within the subject development.
§ 35-4-15.3 Recreational Facilities Required.
[Ord. No. 05-18 § 1]
Recreational facilities shall be constructed on the set aside land area within any subdivision with more than 10 recreational lots in accordance with the number of lots within the subject development, as follows, provided that the applicant may provide evidence to the applicable Board that different recreational facilities would be more appropriate for the subject development and, based upon the evidence, the Board may approve different recreational facilities:
c.
Fifty-one lots or more:
1.
One play lot, with separate equipment for children two to five years old and for children five to 12 years old, plus one additional play lot for each additional 50 lots;
2.
One tennis court, plus one additional tennis court for each additional 50 lots;
3.
One full-court basketball court, plus one additional basketball court for each additional 50 lots;
4.
One regulation Softball field combined with a sodded multi-purpose field at least 200 feet by 350 feet in dimension, plus one additional combination of fields for each additional 50 lots.
§ 35-4-15.4 Ownership and Maintenance of the Park/Playground Areas.
[Ord. No. 05-18 § 1]
At the discretion of the applicant, a park/playground area may be offered to Millstone Township for ownership, use and maintenance, and the Planning Board or Zoning Board of Adjustment, as the case may be, shall offer its recommendation to the Township Committee as to whether or not the Township should opt to accept such an offer.
a.
Prior to the applicable Board granting preliminary approval to the subject development, the Township Committee shall inform the Board as to whether or not the Township will accept an offer by the applicant for the park/playground area to be owned, used and maintained by the Township.
b.
If an offer to Millstone Township to own, use and maintain the park/playground area is not accepted by the Township, or if no such offer is made by applicant, the applicant shall create a Homeowners' Association, other organization or other means for the ownership and maintenance of the park/playground area which is acceptable to the Planning Board or Zoning Board of Adjustment, as the case may be.
§ 35-4-15.5 Payment in Lieu of a Park/Playground Area.
[Ord. No. 05-18 § 1]
The applicant of a residential subdivision with more than 10 residential lots, upon approval by the Planning Board or by the Zoning Board of Adjustment, as the case may be, based upon competent evidence provided by the applicant that the inclusion of a park/playground within the subject development would be inappropriate, shall, in lieu of providing the park/playground area, provide a monetary contribution to the Township. Additionally, applicants of all residential subdivisions with 10 or less lots also shall provide a monetary contribution. All such monetary contributions shall be deposited into a separate and exclusive account established by the Millstone Township Committee for the sole purpose of creating and maintaining open space areas and recreational facilities within the Township.
a.
The amount of the monetary contribution shall be $2,500 per each residential lot within the subject development.
b.
The monetary contribution shall be provided by the applicant prior to the granting of final subdivision approval for the subject development by the Planning Board or by the Zoning Board of Adjustment, as the case may be.
§ 35-4-16.1 Applicability.
[Ord. No. 07-25 § 2]
a.
Any application for site plan approval and/or any application for a construction permit for any nonresidential building in the Township of Millstone shall comply with the Architectural Guidelines and Design Standards For Nonresidential Buildings (referred to as "guidelines and standards"). Notwithstanding anything herein to the contrary, on nonresidential properties being developed pursuant to a certain settlement agreement in the case of "In the Matter of the Application of the Township of Millstone and the Planning Board of the Township of Millstone, County of Monmouth, Superior Court of New Jersey, Law Division, Monmouth County Docket No. MON-L-2501-15," shall be exempt from § 35-4-16.
[Amended 3-18-2020 by Ord. No. 20-06]
b.
The guidelines and standards shall apply to any new construction and/or to any additions or changes to existing building facades.
c.
Architectural plans and elevations shall be submitted to the Township for review and approval by the Planning Board or Zoning Board, as the case may be, at the time of the submission of a site plan for the proposed development.
1.
The submitted plans and elevations shall include accurately scaled and colored renderings of each elevation of each proposed building.
2.
Any changes to the approved architectural plans by the Planning Board or Zoning Board, as the case may be, shall require the submission of an amended or new site plan application to the Board for review and approval.
3.
All changes shall be highlighted and/or otherwise specifically indicated on the architectural drawings and shall be textually noted on the plans.
d.
The Planning Board or Zoning Board, as the case may be, may waive any of the guidelines and standards as part of its review of a submitted site plan application if the literal enforcement of one or more of the guidelines and standards is impracticable or will exact undo hardship because of peculiar conditions pertaining to the land in question, provided that the waivers are in accordance with the general purpose and intent of these ordinance provisions.
e.
The Construction Official, when reviewing and approving a construction permit application for a building whose architectural design has not been approved by either the Planning Board or by the Zoning Board, may waive any of the guidelines and standards if the Construction Official, in consultation with the Township Engineer and the Township Planner, determines that the literal enforcement of one or more of the guidelines and standards is impracticable or will exact undo hardship because of peculiar conditions pertaining to the land in question, provided that the waivers are in accordance with the general purpose and intent of these ordinance provisions.
§ 35-4-16.2 Purpose and Intent.
[Ord. No. 07-25 § 2]
a.
The primary purpose of these "Architectural Guidelines & Design Standards For Nonresidential Buildings" is to promote the construction of nonresidential buildings within Millstone Township, which are of high quality and provide visual interest.
b.
Another purpose of these guidelines and standards is to insure that all nonresidential buildings within Millstone Township have the scale, colors, materials and roof and window treatments which will appear compatible and in harmony with adjacent and nearby buildings.
c.
Also, it is a purpose of these guidelines and standards to have buildings designed and constructed in an energy efficient manner.
d.
It is not the intent of these guidelines and standards to require that all nonresidential buildings within Millstone Township look alike or have the same architectural style. It is recognized that different types of nonresidential land uses have different operational needs which, to some extent, will influence the architectural design of the buildings. It also is recognized that architectural diversity can add more interest to the overall assortment of nonresidential buildings within the Township.
§ 35-4-16.3 General Building Design Standards.
[Ord. No. 07-25 § 2]
a.
The exteriors of all buildings in a development, including any accessory buildings, shall be architecturally compatible and shall be constructed of complementary materials.
b.
All entrances to a building shall be defined and articulated by architectural elements such as canopies, lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, balustrades and other appropriate elements.
c.
Building exteriors shall have vertical and horizontal offsets to create visual breaks along each facade; long, monotonous, uninterrupted walls are not permitted.
d.
Building wall offsets, including projections such as balconies and canopies, recesses, and changes in floor levels shall be used to add architectural interest and variety and to mitigate the visual appearance of a simple, long wall.
e.
The architectural treatment of the front facade(s) shall be continued in its major features around all visibly exposed sides of a building.
f.
All sides of a building shall be architecturally designed to be consistent regarding scale, style, materials, colors and details.
g.
Long, monotonous, uninterrupted roof planes are not permitted. Roofline offsets, dormers or gables shall be provided in order to provide architectural interest and variety to the massing of a building and to mitigate the visual appearance of a single, long roof.
h.
All buildings shall be designed and constructed with a conscientious effort to use the "Leadership in Energy and Environmental Design" (LEED) standards promulgated by the Green Building Council, including energy efficient designs, recycled materials, water conservation devices, permeable pavement, and similar measures which are sensitive to the environment.
i.
The materials used for all internal sidewalks and pathways connecting buildings, parking areas and public areas to sidewalks along the street(s) and to the Township's pathway network shall be chosen to enhance the architecture of the building(s) and the attractiveness of the site development.
j.
Desirable features of a site shall be considered and strengthened in the design of buildings (e.g., maintaining, and possibly framing, scenic views).
k.
The location of buildings and related vehicular access and parking areas shall be arranged in consideration of the existing topography in order to minimize regrading, the clearing of existing vegetation and the importation or exportation of soil.
l.
All signage onsite shall be coordinated with the architectural design of the building(s) onsite.
§ 35-4-16.4 Building Facade Materials.
[Ord. No. 07-25 § 2]
a.
The primary construction material for all buildings shall be split-faced concrete block in a range of earth-toned colors as specifically approved by the reviewing authority.
1.
However, at the request of the applicant, and in consideration of the type of nonresidential uses existing and planned in the vicinity of a subject property and their visibility from public roadways and residentially zoned areas, the reviewing authority may approve architectural metal panels with fully concealed fasteners, extruded and stamped aluminum panels with coated steel metal siding and architecturally concealed joint fasteners, and/or concrete tilt-up walls.
2.
Several different color choices shall be permitted on the same building, provided they are complimentary to one another.
3.
Since the colors of the split-faced blocks vary from manufacturer to manufacturer, the applicant shall provide actual samples of the blocks to be used for review and approval by the reviewing authority.
4.
Additionally, samples of all other materials proposed to be used on the building also shall be provided to the reviewing authority for review and approval.
b.
The secondary, or accent, construction material for all buildings shall be earth-toned synthetic stucco, with integral proprietary water management systems (E.I.F.S.), and shall be used on no more than 15% of the aggregate surface areas of all facades of the building.
1.
Other earth-toned veneer types, such as vinyl, aluminum, stainless steel, natural wood veneer products and naturally colored stone and synthetic stone products, shall be permitted as tertiary materials to compliment the primary and secondary construction materials.
2.
However, at the request of the applicant, and in consideration of the type of nonresidential uses existing and planned in the vicinity of a subject property and their visibility from public roadways and residentially zoned areas, the reviewing authority may approve a more extensive use of the "other earth-toned veneer types" noted hereinabove (§ 35-4-16.4bl) to be used for the secondary construction material.
3.
In any case, the color choices shall be compatible with the earth-toned color scheme chosen for the primary construction material.
4.
Since the colors of the synthetic stucco vary from manufacturer to manufacturer, the applicant shall provide actual samples of the synthetic stucco to be used for review and approval by the reviewing authority.
5.
Additionally, samples of any other veneer type proposed to be used on the building also shall be provided to the reviewing authority for review and approval.
c.
In the case of nonresidential subdivisions to be constructed lot-by-lot over a period of time based upon individual site plan approvals, the earth-toned color ranges for both the proposed primary and secondary building materials shall be pre-approved by the Millstone Township Planning Board or Zoning Board of Adjustment, as the case may be, at the time of subdivision approval.
d.
In no case shall smooth-faced, concrete block, or the use of horizontal or vertical vinyl, wood or cementitious lapped siding be permitted.
§ 35-4-16.5 Building Facade Configurations.
[Ord. No. 07-25 § 2]
a.
The required wall facade materials and colors shall appear on all facades of a building, unless specifically waived by the reviewing authority.
b.
The inclusion of defined water-tables around the base of a building facade is encouraged.
c.
Permanent entry canopies shall be required, with sloping and/or gabled rooflines supported by structural columns clad with a defined level of architectural detail, such as Doric/Ionic caps and/or bases.
1.
However, at the request of the applicant, and in consideration of the type of nonresidential uses existing and planned in the vicinity of a subject property and their visibility from public roadways and residentially zoned areas, the reviewing authority may approve flat-roofed canopies.
2.
In any case, the use of metal framed, plastic, canvas or other fabric-clad canopies shall be prohibited.
d.
Accent towers, box bays, trapezoidal bays, elliptical bays, and any other cantilevered or otherwise structurally protruding design elements are encouraged, along with the accompanying fenestration befitting their scale, repetition and style.
e.
Window designs shall be of a scale and style appropriate with the proposed facades and architectural design elements.
1.
To the extent possible, upper story windows shall be vertically aligned with the location of windows and doors on the first story level.
2.
The use of low-(e) insulated glass is required, whenever practical, although it is recognized that low-(e) insulated glass may not be appropriate along all facades of warehouse buildings.
f.
The first story facade of retail, office and restaurant buildings which faces a street and/or has pedestrian access, shall have large, storefront style pane display windows which occupy at least 75% of the first story facade.
1.
The area of actual windows may be reduced by the reviewing authority in consideration of the needs of a particular use and/or for security purposes.
2.
However, where smaller windows are permitted, the design of the facade must include materials outlining the size of the windows equivalent to 75% of the first story facade, within which the permitted smaller windows can be located.
3.
The storefront style glass shall have metallic frames color-coordinated with the colors of the building.
g.
To the extent possible and practical, building features and components such as metal roll-up doors, loading docks (both above and below grade), waste containers and HVAC equipment shall be located along the rear facade of a building so as not to be visible from any street.
1.
It is understood that some properties may have multiple street frontages which will make it impossible to locate such building features and components behind the building and out view from all streets.
2.
Additionally, it is understood that the configuration of a property may make it more appropriate to locate such building features and components in areas which, at least to some extent, are visible from a street.
3.
However, in all cases, all such building features and components shall be screened from public view to the greatest extent reasonably possible utilizing berms, landscaping and/or architecturally compatible concealment walls and/or fences and, in the case of roof-mounted HVAC equipment, by roof parapets.
§ 35-4-16.6 Roof Configurations and Materials.
[Ord. No. 07-25 § 2]
a.
The standard roof configuration shall be a sloped gable or hip style roof, with a pitch no shallower than a five feet to 12 feet ratio.
1.
The material for gable or hip style roofs shall be standing seam aluminum, with matching or complimentary colored aluminum fascia, soffits, gutters and leaders.
2.
Roofing sub-structures, such as dormers, gable, hips, cupolas, turrets and towers are encouraged for visual interest, and are to be used in conjunction with the building facade materials, colors and configurations.
3.
Since the colors and texture of standing seam aluminum roofing will vary from manufacturer to manufacturer, the applicant shall provide actual samples of the standing seam aluminum material to be used for review and approval by the reviewing authority.
4.
Additionally, samples of the materials to be used for all roofing substructures shall be provided to the reviewing authority for review and approval.
b.
In the instance of a building which is not amenable to a gable or hip style roof, or where a flat roof is found by the reviewing authority to provide architectural diversity among other buildings with pitched roofs, a flat roof shall be permitted, with pitches no shallower than a 1/4 inch/one feet ratio.
1.
The preferred roof material for such flat roofs shall be modified bitumen membrane, four-ply at minimum, in either white or grey; however, the use of fully adhered single-ply membrane, with a 16 millimeter minimum thickness, also is permitted.
2.
Since the colors and texture of the roof material will vary from manufacturer to manufacturer, the applicant shall provide actual samples of the roof material to be used for approval by the reviewing authority.
c.
Regarding flat roofs, raised parapets shall be a required feature, and shall be in multiple heights at least 24 inches above the flat roof surface.
d.
Roof drainage shall be a scupper/leader through-parapet drainage system, or an alternate system through architecturally concealed elements of the building as may be approved by the reviewing authority.
1.
Direct sheet drainage of flat roofs via continuous gutters is permitted only along the rear elevation of a building when it is not visible from streets or property entry positions.
2.
The use of internal mechanical drains is permitted, but it is not encouraged.
3.
In any case, all roof drainage shall be discharged into specified underground stormwater management facilities.
e.
In the case of nonresidential subdivisions to be constructed lot-by-lot over a period of time based upon individual site plan approvals, the color ranges and materials for all building roofs within the subdivision shall be pre-approved by the Millstone Township Planning Board or Zoning Board of Adjustment, as the case may be, at the time of subdivision approval.
§ 35-4-16.7 Building Design Standards for Facade Signage.
[Ord. No. 07-25 § 2]
a.
All facade signs shall be coordinated with the architectural design of the building(s) upon which the sign(s) will be attached.
b.
One facade sign is permitted for each tenant/occupant within a building.
1.
Each facade sign shall be located on a portion of the building architecturally designed for the location of the sign.
2.
The height of the portion of the building architecturally designed for the location of the sign shall not be higher than 10% of the vertical height of the subject building facade.
3.
The portion of the building architecturally designed for the location of the sign shall not be higher, at any point, than the fascia or roofline of the building, or 25 feet, whichever is less.
c.
The total display area of all facade signs on any facade of any building shall not exceed 10% of the area of the facade, including windows and doors, upon which the sign(s) will be attached.
1.
If there are multiple tenants/occupants of a building, the 10% standard shall apply only to that portion of the building facade associated with an individual occupant.
2.
All facade signs, regardless of square footage size and the height of the building facade, shall not exceed 48 inches in height and 20 feet in width (i.e., 80 square feet), including all letters and any company logos.
3.
Not more than 20% of a sign's area, or a maximum of 16 square feet, shall contain any logo (i.e., design, picture or symbol), and the remainder of the sign shall contain wording and background only.
4.
In addition to the permitted facade signage, one small decal sign is permitted to be attached to a window on an entrance door, indicating hours of operation and emergency telephone numbers, provided that such decal sign does not exceed one square foot in area, with individual letters not exceeding two inches in height.
e.
In the case of a shopping center where permanently installed roofing over sidewalks are provided in front of the tenant spaces, one additional sign may be hung vertically from the underside of the roof in front of the entrance to each occupant in the center.
f.
Facade signs shall be illuminated only from one hour before business opening until one hour after business opening, unless otherwise approved by the Planning Board or Zoning Board, as the case may be.
g.
Each site plan application to the Planning Board or Zoning Board, as the case may be, shall include a building elevation plan, prepared by a registered architect or professional engineer licensed to practice in the State of New Jersey.
1.
The building elevation plan shall accurately indicate the dimensions of the applicable building facades, as well as the particular facade area upon which each proposed sign is to be located.
2.
The plan shall relate the size and location of each facade sign to the dimension and area of the facade to which the sign is to be attached.
3.
The plan shall indicate the design, message, construction materials and colors of all proposed facade signs.
4.
No sign permit for any sign to be attached to a building approved by the Planning Board or Zoning Board as part of a site plan submission shall be issued unless said sign was approved by the applicable Board, including size, colors, height, location, lettering, lighting and logos.