The preservation of all natural wooded tracts shall be an integral part of all development plans and may be calculated as part of the required buffer area provided that the growth is of a density and the area has sufficient width to serve the purpose of a buffer. Where additional planting(s) are necessary to establish an appropriate tone for an effective buffer, said planting(s) shall conform to § 60-42BB;

Plant materials used in screen planting shall be at least three feet in height when planted and be of such density as will obscure, throughout the full course of the year, the glare of vehicle headlights emitted from the premises;

The screen planting shall be so placed that at maturity it will not be closer than three feet from any street or property line;

Trees shall be at least eight feet in height and 2.5 inches in caliper when planted, free of disease and insect pests, and approved stocked as required by § 60-42BB;

Any plant material which does not live shall be replaced within one year or one growing season;

Screen planting(s) and landscaping shall be broken at points of vehicular and pedestrian ingress and egress to assure a clear sight triangle at all street and driveway intersections; and

Wind breaks composed of appropriate natural screening should be considered in the prevailing wind direction to prevent windblown debris from leaving the site.

No more than 10 automobiles, trucks or motor vehicles, whether or not they are in operating condition, shall be stored on any lot unless such motor vehicles are adequately screened from adjacent residential uses. This section shall not apply to vehicles which are in operating condition and/or which are maintained for agricultural purposes.

Aboveground generating facilities, switching complexes, pumping and/or substations, or other electronic equipment cabinets shall be screened with vegetation from adjacent uses and streets in accordance with the provisions of this section.

Minor subdivisions and site plans shall show a buffer strip of 100 feet in width, and major subdivisions and site plans shall show a buffer strip of 200 feet in width, on all lots which are along any boundary with land that has been assessed, currently or within any of the three calendar years preceding the application, as qualified farmland under the New Jersey Farmland Assessment Act,[1] unless:

Said buffer strip shall be restricted by deed and by final subdivision plat or site plan against construction of any buildings, structures or recreation facilities, such as a swimming pool or tennis court, other than fences, walls, drainage facilities, alternative energy generator facilities, and local wireless communications facilities, and against removal of any screen of trees or hedges, so long as the adjacent land is assessed or qualified as farmland under the New Jersey Farmland Assessment Act or is actively farmed should the Farmland Assessment Act be revoked or substantially modified.

In addition, the developer shall be required to plant a screen of trees, hedge or shrubbery, and/or may, at the sole discretion of the Land Use Board, be required to construct a fence within the agricultural buffer area along the boundary line with the adjacent property meeting the following specifications:

Unless otherwise specified, all concrete shall be air-entrained, having 4% to 7% entrained air.

Concrete shall be Class A, B, C, or D.

Required reinforcing steel shall be intermediate grade deformed bars conforming to American Society for Testing Materials designation A-15 and A-305, as amended and supplemented.

Required joint filler shall be a cellular compression material conforming to the requirements therefor of the New Jersey Department of Transportation Standard Specifications, as amended and supplemented.

In the construction of required concrete structures, the Township Engineer will determine the slump range within which the contractor may work. Transit mix concrete may be used if obtained from sources approved by the Township Engineer. On-site mixing and proportioning equipment will also be subject to the approval of the Township Engineer.

Forms shall conform to lines, dimensions and grades shown on plans and may only be omitted when soil conditions and workmanship permit accurate excavation to specifications. Forms shall be firmly braced, tight and capable of resisting movement, bulging or mortar leakage. Forms shall be smooth and clear and shall be completely removed.

Soil base for concrete work shall be properly finished to prescribed lines, grades and dimensions and shall be approved by the Township Engineer or his representative before concrete is placed. All areas to receive concrete shall be free of frost, foreign matter and excessive damp when concrete is placed. All concrete shall be handled and placed so as to avoid segregation. Concrete that has begun to set or has been contaminated with foreign materials or that has too much water shall not be used. Pouring shall be done in a continuous process until an individual section is complete. All concrete shall be thoroughly compacted with vibrator or other suitable equipment. Finished concrete shall have a wood-float finish unless specified otherwise by the Township Engineer and shall be kept continuously moist for a period of three days. Curing shall be accomplished at the direction of the Township Engineer. Expansion joints shall be provided as prescribed and shall extend the full thickness of the concrete. Concrete shall not be poured when the temperature is below 40° F. or during periods of precipitation, unless precautions acceptable to the Township Engineer have been taken to prevent damage to the work. Precautions to avoid freezing of the concrete shall be in accordance with the current recommendations of the American Concrete Institute.

The top of the curb shall be six inches in width.

The rear of the curb shall be 12 inches in height.

The width of the curb at the gutter elevation shall be seven inches.

The height of the curb face at the gutter shall be six inches, and the depth of the gutter at the street face shall also be six inches.

All exposed edges shall be rounded with radius of 3/4 inch to one inch.

Whenever a dwelling or structure is proposed to be located on a property more than 100 feet from the adjoining street right-of-way, the owner of said property and dwelling or structure shall provide a minimum driveway width of 20 feet for the initial 100 feet of length and a remaining minimum driveway width of 15 feet. All trees shall be trimmed to a minimum height of 15 feet across the driveway area for vertical clearing space for the driveway's entire length. The driveway shall at a minimum be constructed of crushed stone or dense-graded aggregate. The driveway shall have a loop or "k" turnaround located within 100 feet of the dwelling.

At the discretion of the applicant and with the consent of the Land Use Board, the applicant may install a fifteen-foot-wide improved driveway as required above, and install thereunder a dry standpipe system using six-inch diameter NFT pipe made of PVC with connections at both ends, which ends shall be protected by concrete or metal pilaster. Said pipe is to be installed at 30° at grade and below frost level. Said dry line is to start between 75 and 100 feet from the center of the adjoining road to the property and is to run to a point not less than 100 feet of the dwelling along the driveway. Said dry water line is to be installed to the specifications to all applicable codes and be subject to review by the local fire department.

If such dry line is installed in the reduced-sized driveway as provided above, the property owner shall be required to provide a deed restriction which shall require the owner of said property and dwelling or structure to maintain said driveway and, if appropriate, the dry water line. Said deed restriction shall further provide the property owner at his/her own expense, to undertake a yearly inspection and testing of said dry water line by a certified professional who shall prepare a report on the line for submission to the local fire chief. Said deed restriction shall further make the property owner responsible for any repairs to the driveway or dry line as found necessary by the noted testing and inspection. A certificate of test approval must be filed with the Land Use Board and respective local fire company annually.

The property owner shall post a performance guaranty to assure the required driveway improvements and dry line are installed prior to the granting of approval of the development or issuance of a construction permit. If installed, said line shall be deemed to be private and the property owner shall assume all liability for its maintenance and upkeep as required herein.

This requirement for a survey may be waived by the Land Use Board if:

A resource shall be deemed to be significant if it possesses integrity of location, design, setting, materials, workmanship, feeling, and association which reflects its significance in American history, architecture, archaeology or culture under one or more of the following criteria:

A narrative description of the resource and its cultural environment;

Photographic documentation to record the exterior appearance of buildings, structures, and engineering resources;

A site plan depicting in correct scale the location of all buildings, structures, and engineering resources; and

A New Jersey State inventory form as published by the New Jersey Department of Environmental Protection for buildings and a narrative description of any process or technology if necessary to elaborate upon the photographic record.

The articles of incorporation, covenants, bylaws, model deeds, and other legal instruments shall insure that control of the organization shall be transferred to the members based on a percentage of the development's units sold and/or occupied and shall clearly indicate that in the event such organization shall fail to maintain the common open space or common property or lands in reasonable order and condition, the Township may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the common open space or common property or lands in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 15 days thereof, and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the designated Township body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be cured.

If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within 15 days or any permitted extension thereof, the Township, in order to preserve the common open space and common property or land and maintain the same for period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the common open space and common property and land except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Township shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space and common property or land, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Township at which hearing such organization and the owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the Township, continue for a succeeding year.

If the Township shall determine that such organization is ready and able to maintain said open space and property or land in reasonable condition, the Township shall cease to maintain said open space and property or lands at the end of said year. If the municipality shall determine such organization is not ready and able to maintain said open space and property or land in reasonable condition, the Township may, in its discretion, continue to maintain said open space and property or land during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Township in any such case shall constitute a final administrative decision subject to judicial review.

Emissions into the atmosphere, including smoke, gases, particles and fumes or odors.

Production of noise or vibration.

Production of glare or heat.

Discharge or disposal of liquid or solid waste.

Handling and storage of flammable, volatile, radioactive or otherwise hazardous materials.

Noise.

Dust and vapors.

Smoke.

Odor. No emission of odorous gases or other odorous matter shall be permitted which is offensive at any lot boundary line. Any process which may involve the creation or emission of any odors shall provide a secondary safety system so that control will be maintained if the primary safeguard system should fail.

Glare or heat. Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence or earthen berm in such manner as to be completely imperceptible from any point along the lot lines.

Vibration. No vibration which is discernible to the human sense of feeling shall be perceptible without instrument at any point beyond the lot line. Vibration which is not discernible to human sense but which is at low or high frequencies capable of causing discomfort or damage to life or property is prohibited beyond the property line and must be monitored and controlled within the property line to meet the standards of the Occupational Safety and Health Administration.

Toxic or noxious matter. No use shall, for any period of time, discharge any toxic or noxious matter in such concentration as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property, business, marine life or wildlife.

Electrical disturbance. No activities shall be permitted (except domestic household appliance use) which produces electromagnetic interference in excess of standards prescribed by the Federal Communications Commission.

Fire and explosion hazards. No industrial use shall be permitted which will create an explosion or fire hazard to an adjacent use as determined by the New Jersey Inspection Bureau or the New Jersey Fire Safety Code.[3] Any industrial operation which requires the use of flammable materials shall enclose such materials in noncombustible walls and shall provide an adequate buffer area to prevent damage to adjacent property in case of an accident.

Outdoor storage.

Where the length of the lot between both streets is such that future division of the lot into two lots is improbable; and

Access shall be to the street with the lower traffic function and the portion of the lot abutting the other street shall be clearly labeled on the plat, and in any deed, that street access is strictly limited to the street with the lower traffic function.

The Land Use Board shall require that:

The final site plan for a development subject to the provisions of this subsection shall include reservation of access and at the discretion of the Land Use Board a showing of such reasonable specific future land use layout deemed necessary to assure that the overall future development of the original tract of land will not be compromised without reconsideration and review by the Land Use Board.

Streets, curbs, sidewalks, shade trees, streetlights, street signs and traffic light improvements may also be based upon the anticipated increase of traffic generated by the application. In determining such traffic increase, the Land Use Board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and other factors related to the need created by the application and the anticipated benefits thereto.

Drainage facilities may also be based upon or be determined by the drainage created by or affected by a particular land use, considering:

Water supply and distribution facilities may be also based upon the added facilities required by the total anticipated water use requirements of the property of the applicant and other properties in the general area benefiting therefrom.

Sewerage facilities may be based upon the proportion that the total anticipated volume of sewage effluent of the applicant's property and other properties connected to the new facility bears to the existing capacity of existing sewerage facilities, including but not limited to, lines and other appurtenances leading to and servicing the applicant's property. Consideration may also be given to the types of effluent and particular problems requiring special equipment and added costs for treatment. In the event that the applicant's property shall be permitted to be connected to existing sewer facilities, the applicant shall pay a charge or be assessed in accordance with law.

The Township as a general improvement;

The Township as a local improvement; or

The applicant under a formula providing for partial reimbursement by the Township for benefits to properties other than the subdivision or site plan project involved in the application.

If the improvement is to be constructed by the Township as a general improvement, an amount equal to the difference between the estimated cost of the improvement and the estimated total amount, if less, by which all properties to be serviced thereby, including the subject property, will be specifically benefited by the off-site or off-tract improvement.

If the improvement is to be constructed by the Township as a local improvement, then, in addition to the amount referred to in § 60-42S(4)(a) above, the estimated amount by which the subject property will be specifically benefited by the off-tract improvement.

If the improvement is to be constructed by the applicant, an amount equal to the estimated cost of the off-site or off-tract improvement, less an offset for benefits to properties other than the subject property.

The estimated costs of the off-site or off-tract improvement allocated to the applicant, if deposited in cash, shall be paid by the applicant to the Township Chief Financial Officer, who shall provide a suitable depository therefor, and such funds shall be used only for the off-site or off-tract improvement for which they are deposited or improvements serving the same purpose, unless such improvements are not initiated by the Township within a period of 10 years from the date of payment, after which time said funds so deposited shall be returned, together with accumulated interest or other income thereon, if any.

In the event that the payment by the applicant to the Township Chief Financial Officer provided for herein is less than its share of the actual cost of the off-site or off-tract improvement, then it shall be required to pay its appropriate share of the cost thereof.

In the event that the payment by the applicant to the Township Chief Financial Officer provided for above is more than its appropriate share of the actual cost of installation of the off-site or off-tract improvement, it or its successor or assigns shall be repaid an amount equal to the difference between the deposit and its share of the actual cost.

If the applicant shall deem that any of the amounts so estimated by the Land Use Board are unreasonable, it may challenge them and seek to have them revised in appropriate proceedings brought to compel subdivision or site plan approval.

If the applicant and the Land Use Board cannot agree with respect to the applicant's appropriate share of the actual cost of the off-site or off-tract improvement or the determination made by the officer or board charged with the duty of making assessments as to special benefits, if the off-site or off-tract improvement is to be constructed as a local improvement, no approval shall be granted; provided, however, that the applicant may challenge each determination and seek to have it revised in appropriate judicial proceedings in order to compel subdivision or site plan approval.

At the discretion and option of the Township and with the consent of the applicant, the Township may enter into a contract with the applicant providing for the installation and construction of off-site or off-tract improvements by the applicant upon contribution by the Township of the remaining unallocated portion of the cost of the off-site or off-tract improvement. Whenever the Township shall enter into such an agreement with an applicant, said applicant shall provide proof of compliance with all laws and/or regulations which would be binding on the Township if it were to be undertaking said development, such as but not limited to, the Public Contracts Law,[5] payment of prevailing wage, the Equal Opportunities Employment Act, Americans with Disabilities Act, and any other requirement being in effect at time of construction.

In the event that the Township so elects to contribute to the cost and expense of installation of the off-site or off-tract improvements by the applicant, the portion contributed by the Township shall be subject to possible certification and assessment as a local improvement against benefiting property owners in the manner provided by law, if applicable.

Parking space width shall be at least nine feet.

Parking space depth shall be at least 18 feet, with said dimensions measured on the angle for all angle parking. Parallel parking spaces shall be a minimum of 22 feet in length.

Minimum width of aisles providing access to stalls for two-way traffic shall be 25 feet.

Minimum width of aisles providing access to parking spaces for one-way traffic only, varying with the angle of parking, shall be:

A minimum of 12 feet for one-way use only.

A minimum of 20 feet for two-way use.

A maximum of 35 feet at the street line and 54 feet at the curbline.

Said recreational area shall not be utilized for street rights-of-way, driveways, parking areas, utility stations, required buffer strips or other nonrecreational or open spaces uses.

Not more than 50% of the total space saved shall be located in one or more of the following: a floodplain, wetlands, areas with a slope greater than 10%, watercourses, bodies of water or other areas deemed unsuitable for recreational purposes due to environmental or conservation reasons made evident by the Land Use Board's review of the environmental impact of the proposed development, including any environmental impact statement which might be required by this chapter.

When the recreational and open space to be set aside as provided herein exceeds three acres, at least 50% of the total open space shall be developed by the applicant for active recreational activities, facilities and uses which shall be found suitable to the residents of the proposed development. Activities, facilities or uses deemed appropriate and acceptable include, but are not limited to, swimming pools, tennis, basketball and volleyball courts, ballfields, tot-lots, golf courses, bicycle paths, trails and similar active recreational pursuits. The remaining portion of the required open space may, with Land Use Board approval and if warranted by the environmental impact review, be permanently devoted to one or more of the following open space or land uses: parks, landscaped areas or gardens (including residents' garden plots), woodland conservation areas, game preserves, stream preservation areas, wetlands, watershed protection or floodplain areas or similar conservation areas which permit only passive recreational activities.

All such recreational areas shall be reviewed by the Land Use Board, found adequate and approved. In its review, the Board shall investigate the size of the parcels devoted to open space and recreational areas, their location within the development, the topography and soils of said areas and the suitability of the uses contemplated or proposed, the configuration of the parcels under consideration, facilities and improvements to be provided, the provision made for maintenance and access to said parcels, traffic flow around said parcels, the ecological aspects, the staging and timing of the recreational area development and how various categories of recreational facilities or areas and their location will be proportionally related to the staging of the development of housing units or other uses if such staging is proposed. The Board shall find that such recreational or open space areas conform to the provisions of § 60-97E(1) through (5) and make whatever requirements necessary in granting preliminary approval to said development to assure compliance with the above cited sections.

Said recreational area or open space shall be owned and maintained by a homeowners' association unless the developer or the homeowners' association offers the dedication of said area or space to the Township which accepts as provided for in connection with a planned residential cluster development pursuant to § 60-97F.

Contribution in lieu of provision of open space and recreation area.

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.

Purpose. The purpose of this Subsection X is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection X(2).

Applicability.

Compatibility with other permit and ordinance requirements.

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:

The standards in this Subsection X 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.

The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection X(10).

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 muhlenbergii (bog turtle).

The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection X(4)(p), (q) and (r):

A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection X(4)(o), (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:

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 Subsection X(4)(o), (p), (q) and (r). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://dep.nj.gov/stormwater/bmp-manual/.

Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this Subsection X the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.

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 Subsection X(6)(b). Alternative stormwater management measures may be used to satisfy the requirements at Subsection X(4)(o) only if the measures meet the definition of green infrastructure at Subsection X(2). Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection X(4)(o)[2] are subject to the contributory drainage area limitation specified at Subsection X(4)(o)[2] for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection X(4)(o)[2] shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection X(4)(d) is granted from Subsection X(4)(o).

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.

Design standards for stormwater management measures are as follows:

Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection X(2) may be used only under the circumstances described at Subsection X(4)(o)[4].

Any application for a new agricultural development that meets the definition of major development at Subsection X(2) shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection X(4)(o), (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.

If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection X(4)(p), (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.

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 of Salem County. 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 Subsection X(4)(o), (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 Subsection X(10)(b)[5]. 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.

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 Subsection X(4) of this Subsection X 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 of Salem County and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection X(4)(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 X(4)(m) above.

Green infrastructure standards.

Groundwater recharge standards.

Stormwater runoff quality standards.

Stormwater runoff quantity standards.

Stormwater runoff shall be calculated in accordance with the following:

Groundwater recharge may be calculated in accordance with the following:

The New Jersey Geological Survey Report GSR-32: A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at:

https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf

or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.

The precipitation depths of the current two-, ten-, and 100-year storm events shall be determined by multiplying the values determined in accordance with Subsection X(5)(a)[1] and [2] below:

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/.

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.

Site design features identified under Subsection X(4)(f) above, or alternative designs in accordance with Subsection X(4)(g) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection X(7)(a)[2] below.

This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.

The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection X(8)(c)[1], [2] and [3] for trash racks, overflow grates, and escape provisions at outlet structures.

Requirements for trash racks, overflow grates and escape provisions.

Variance or exemption from safety standard. A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.

Safety ledge illustration.

Submission of site development stormwater plan.

Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this Subsection X.

Submission of site development stormwater plan. The following information shall be required:

Applicability. Projects subject to review as in Subsection X(1)(c) of this Subsection X shall comply with the requirements of Subsection X(10)(b) and (c).

General maintenance.

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.

Any person violating any of the provisions hereof shall, upon conviction, be subject to a penalty either by imprisonment for not more than 90 days or by a fine not exceeding $1,000, or both, in the discretion of the court. Each and every day that any violation continues shall be considered a separate offense, punishable by a fine or penalty.

The imposition of the above penalty shall not preclude the institution of a legal action for the abatement of any condition constituting a violation of this chapter.

Where a driveway serves right-turning traffic from a parking area providing 200 or more parking spaces and/or the abutting road has a peak hour traffic volume exceeding 1,000 vehicles per hour, an acceleration lane shall be provided in accordance with A Policy of Geometric Design of Highways and Streets, published by the American Association of State Highway Officials, latest version.

Where a driveway serves an entrance to a development providing 50 or more parking spaces, a deceleration lane shall be provided for traffic turning right into the driveway from any collector or arterial road. The deceleration lane is to be at least 200 feet long and at least 13 feet wide, measured from the abutting road curbline. A minimum forty-foot curb return radius will be used from the deceleration lane into the driveway.

Bikeways shall be required when the Land Use Board finds provision of said bikeway(s) would be needed and utilized based upon probable volume of bicycle traffic, the development's location in relation to other populated areas, or its location with respect to any overall bike route or trail adopted or established by the Land Board or other applicable agency.

Bikeways shall generally not exceed a grade of 3%, except for short distances, and they should be a minimum of five feet wide for one-way and eight feet wide for two-way travel. Bikeways shall be designed and constructed in accordance with the specifications and standards of the A Policy of Geometric Design of Highways and Streets, published by the American Association of State Highway Officials, latest version.

Any site plan for a development that provides for temporary stopping space on-site for vehicles of customers or patrons seeking service at a roadside business or business catering to drive-in service where the customer does not leave his/her vehicle, such a farm roadside stand, gasoline service station, drive-in bank, restaurant providing take-out food service or similar use, shall ensure that the stopping or maneuvering space is at least 10 feet removed from the right-of-way of the adjoining road or street(s). In addition, sufficient waiting or standing area for vehicles approaching the drive-in window or service area shall be provided on-site to prevent the stacking of vehicles onto the road or shoulder area within the public right-of-way.

Maneuvering space or area on-site shall be sufficient so that no vehicle must back into the street or shoulder area thereof. Any lane used exclusively for a drive-in window(s) or service area(s) shall be separate from and in addition to driveway area sufficient to permit other on-site traffic to maneuver around the site without being blocked by the customer service area standing traffic.

Driveways shall enter the street or road right-of-way at an angle between 75° and 105°.

The portion of the roadway lying between the right-of-way line of the street and the driveway shall be surfaced as a driveway extension.

Any curb opening shall be properly reconstructed to the satisfaction of the Township Engineer. Where curbing does not exist and conditions warrant, an adequate drain pipe shall be installed as determined by the Township Engineer.

Driveway grades shall not exceed 8% by a distance of 40 feet from any street or road right-of-way, unless otherwise approved by the Township Engineer.

Driveway widths at the street right-of-way lines shall be a minimum of 10 feet and maximum of 20 feet in connection with single-family residential uses. All other uses shall conform to the driveway regulations contained herein or as approved by the Land Use Board on recommendation of its professional staff.

The number of driveways provided from a site directly to any road shall be as follows:

All entrance and exit driveways to a road shall be located to afford maximum safety to traffic on the road.

Any exit driveway or driveway lane shall be so designed in profile and grading and shall be so located as to permit the following maximum sight distance measured in each direction along any abutting road; the measurement shall be from the driver's seat of a vehicle standing on that portion of the exit driveway that is immediately outside the edge of the road traveled or shoulder:

Wherever a site occupies a corner of two intersecting roads, no driveway entrance or exit may be located within a minimum of 30 feet of tangent of the existing or proposed curb radius of that site.

No entrance or exit driveway shall be located on the following portions of any collector or arterial road: on a traffic circle, on a ramp of an interchange, within 30 feet of the beginning of any ramp or other portion of an interchange, nor on any portion of such road, where the grade has been changed to incorporate an interchange.

Where two or more driveways connect a single site to any one road, a minimum clear distance of 100 feet measured along the right-of-way line shall separate the closest edges of any two such driveways.

Driveways used for two-way operation shall intersect any collector or arterial road at an angle as near 90°.

Driveways use by vehicles in one direction of travel (right turn only) shall not form an angle smaller than 60° with a collector or arterial road unless acceleration and deceleration lanes are provided.

The dimensions of driveways shall be designed to adequately accommodate the volume and character of vehicles anticipated to be attracted daily onto the land development for which a site plan is prepared. The required maximum and minimum dimensions for driveways are indicated in the following table. Driveways serving large volumes of daily traffic or traffic over 25% of which is truck traffic shall be required to utilize high to moderate dimensions. Driveways serving low volumes of daily traffic or traffic with less than 25% truck traffic shall be permitted to use low to minimum dimensions.

The surface of any driveway subject to Township site plan approval shall be constructed with a permanent pavement of a type as approved by the Land Use Board upon recommendation of its professionals. Such pavement shall extend to the paved traveled way or paved shoulder of the road; required driveway dimensions are specified in § 60-42Z(4)(n) above.

Any vertical curve on a driveway shall be flat enough to prevent the dragging of any vehicle undercarriage. Any driveway profiles and grades shall be submitted to and approved by the Township Engineer. Should a sidewalk be so located with respect to the curb at a depressed-curb driveway that it is likely to cause undercarriage drag, the sidewalk should be appropriately lowered to provide a suitable ramp gradient.

Where a driveway provides access to a structure and said driveway is in excess of 50 feet in length from the abutting road right-of-way to the structure being served by said driveway, the owner of said property and dwelling or structure shall provide a minimum driveway of 20 feet for the initial 100 feet and a minimum of driveway of 12.5 feet. All trees shall be trimmed to a minimum height of 20 feet across the driveway area for vertical clearing space for the driveway's entire length. The driveway shall at a minimum be constructed of crushed stone or dense-graded aggregate. The driveway shall have a loop or "k" turnaround located within 100 feet of the dwelling. See also § 60-42J(5).

In all types of development, no certificate of occupancy shall be issued prior to the completion of all driveways and parking areas as required by this chapter and/or the Land Use Board during development review. This section shall not apply to individual single-family, detached dwelling units in a residential development where other lots have not yet been sold, developed or requested occupancy certificates.

In all other developments, sidewalks shall be required:

Sidewalks may be required by the Land Use Board:

Sidewalks shall not be required in zones where the minimum lot width is in excess of 150 feet.

In reviewing a request for a waiver of this requirement, the Land Use Board shall be guided by the probable volume of pedestrian traffic, the street classification in instances where streets are involved, school bus stops, the development's location in relation to other populated areas or pedestrian traffic attractors, and the general type of improvement intended. The Land Use Board shall further only grant waivers which are in accordance with the provisions, goals and objectives of the adopted Township Master Plan.

When required and unless reduced or altered in size or location by the Land Use Board, all sidewalks shall conform to the following standards:

Where deemed appropriate based on projected pedestrian traffic, site conditions and the character of the area, i.e., especially in neighborhood business zoned areas, the Land Use Board may permit the installation of pedestrian walkways instead of full concrete sidewalks as required above. Such walkways may be constructed of stone, mulch or chips designed and installed to provide a safe, usable means of pedestrians to walk to or from parking areas or along roadways in a natural setting. Whenever a waiver is requested from the requirement of sidewalk installation, the Board shall first consider requiring a pedestrian walkway, before granting a waiver for no means of pedestrian accommodation and access.

Sight triangles shall be required at each quadrant of an intersection of streets and streets and driveways. The area within sight triangles shall be either dedicated as part of the street right-of-way or maintained as part of the lot adjoining the street and set aside on any subdivision or site plan as a sight triangle easement. Within a sight triangle, no grading, planting or structure shall be erected or maintained more than 30 inches above the street center line or lower than eight feet above the street center line except for street name signs and official traffic regulation signs. Where any street or driveway intersection involves earth banks or vegetation, including trees, the developer/owner shall trim such vegetation and trees as well as establish proper excavation and grading to provide for the sight triangle.

The sight triangle is that area bounded by the intersecting street lines and a straight line which connects sight points located on each of the two intersecting street lines the following distances away from the intersection street lines: arterial streets at 130 feet; collector streets at 60 feet; and local streets at 35 feet. Where the intersecting street are both arterial, both collectors, or one arterial and one collector, two overlapping sight triangles shall be required formed by connecting the sight points noted above with a sight point 35 feet on the intersecting street.

Any proposed development requiring subdivision or site plan approval shall provide sight triangle easements at each driveway with the driveway classified as a local street for purposes of establishing distances. In the case of a subdivision where actual location of driveways may not yet be established at the time of subdivision approval, the deed for the lot(s) involved in said subdivision shall contain the requirement for the establishment and maintenance of the sight triangle at the driveway intersection as required by this section.

The classification of existing and proposed streets shall be those as defined in the adopted Master Plan or as designated by the Land Use Board at the time of the application for approval for a new street, not included in the Master Plan. Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and may be included in establishing the minimum setbacks required by the Schedule of District Regulations.[10]

All development shall be served by improved streets with an all-weather base and pavement with an adequate crown. Streets shall be designed in accordance with A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO), latest edition, and the Asphalt Handbook for County and Municipal Engineers, New Jersey Society of Municipal Engineers (NJMSE), latest edition. Street design shall be based on their functional classification according to the United States Department of Transportation Federal Highway Administration's functional classification of highways. A standard local street shall have a cartway width of 40 feet consisting of two twelve-foot travel lanes and two eight-foot parking lanes. Depending on the nature of the neighborhood and intensity of use, curbs, sidewalks and utility areas may be required. Residential developments shall be governed by the New Jersey Residential Site Improvement Standards, N.J.A.C. Title 5, Chapter 21. In keeping with the rural and natural character of the landscape of the C Conservation and RR Rural Residence Zoning Districts, subdivisions of 20 lots or less shall use the rural street and lane configurations of the RSIS.

A cul-de-sac shall not be permitted except in the C Conservation and RR Rural Residence Zoning Districts or in planned developments where the developer proves to the satisfaction of the Land Use Board that due to the terrain, configuration of the land proposed for development, other existing conditions or the special needs of the type of development, e.g., a cluster development, no other street configuration would be reasonably possible. In making the decision, the fact that more lots might be created by the use of a cul-de-sac street instead of some other street configuration shall not be a factor. In all other areas of the Township, loop streets shall be used wherever possible in residential development layout design.

When a development adjoins land capable of being developed or subdivided further, suitable provision shall be made for optimum access from the adjoining tract to existing or proposed streets.

Local streets shall be designed to discourage through traffic.

To conserve energy and permit the greatest potential for buildings to a have a southern exposure, all new streets shall have an east/west orientation whenever possible considering topographic features and existing land use patterns.

Development bounded by arterial or collector streets.

In all nonresidential developments the minimum street right-of-way shall be measured from lot line to lot line and shall be in accordance with the following schedule, but in no case shall a new street that is a continuation of an existing street be continued at a width less than the existing street although a greater width may be required in accordance with the following schedules. Where any arterial or collector street intersects another arterial or collector street, the right-of-way and cartway requirements shall be increased by 10 feet on the right side of the street(s) approaching the intersection for a distance of 300 feet from the intersection of the center lines.

No development showing reserve strips controlling access to streets or another property or street, either developed or undeveloped, shall be approved except where the control and disposal of land comprising such strips has been given to the Township under conditions imposed by the Land Use Board.

In the event that a development adjoins or includes existing Township streets that do not conform to widths as shown on either the Master Plan or Official Map or the street width requirements of this chapter, additional land along both sides of said street sufficient to conform to the right-of-way requirements shall be anticipated in the subdivision design by creating oversized lots to accommodate the widening at some future date. The additional widening may be offered to the Township for the location, installation, repair and maintenance of streets, drainage facilities, utilities and other facilities customarily located on street rights-of-way and shall be expressed on the plat as follows: "Street right-of-way easement granted to the Township of Pittsgrove permitting the Township to enter upon these lands for the purpose provided for and expressed in the Land Development Regulations Ordinance of the Township of Pittsgrove." This statement on an approved plat shall in no way reduce the subdivider's responsibility to provide, install, repair or maintain any facilities installed in this area dedicated by ordinance or as shown on the plat or as provided for by any maintenance or performance guaranty. If a subdivision is along one side only, 1/2 of the required extra width shall be anticipated.

The actual design and construction of all streets or roads within the Township shall be subject to review and approval of the Township Engineer in accordance with the provisions of this chapter, the Residential Site Improvement Standards regulations with regard to residential developments, any adopted Master Plan or Official Map and any other applicable ordinances of Pittsgrove Township, County of Salem, and State of New Jersey, or acceptable engineering standards.

Where dead-end streets or cul-de-sac are utilized, they shall conform to the following standards:

No street shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound the names of existing streets within the Township or adjoining municipalities so as to be confusing therewith. The continuation of an existing street shall have the same name. The names of new streets must be approved by the Land Use Board.

In the case of local streets within a development where the Township Committee determines that the length of the street and the nature of adjacent uses warrant such reduction in the width of the paved surface, the width required in § 60-42Z(7)(g) may be reduced, but in no case shall the paved width of a local street be less than 26 feet.

The developer of any subdivision or development shall provide for the installation of the underground service for and all poles and fixtures for streetlighting. Streetlighting shall be provided in accordance with the recommendations of the Township Engineer and as required by the Land Use Board. Adequate lighting shall be provided at all intersections and elsewhere as deemed necessary by the Land Use Board. The developer shall pay to the Township the costs of operation of said streetlighting (as determined by the standard rates of the servicing utility) until the street upon which said streetlights are installed is accepted by the Township Committee as a public street.

All streets and shoulder areas shall be paved in accordance with the standards and specifications of the Township Engineer based upon current engineering practice, the regulations of this chapter and other applicable chapters, regulations and the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation, as currently amended.

Whenever a development abuts or crosses municipal boundaries, access to those lots within the Township shall be from within the Township as the general rule. Wherever access to a development is required across land in an adjoining municipality as the exception, the Land Use Board may require documentation that such access is legally established, and that the access road is adequately improved and may condition issuance of building permits and/or certificates of occupancy on said lots to such access road's improvement as required herein.

All work shall be inspected through the course of construction by the Township Engineer or his duly authorized representative with § 60-45.

Avoid wooded areas, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated; and

Revegetate or landscape areas temporarily cleared or disturbed during development activities.

Trees shall be at least eight feet in height and 2 1/2 inches in caliper measured three feet above ground level when planted, of approved stock, and free of disease and insect posts.

Any plant material which does not live shall be replaced within one year or one growing season. Such trees shall be of a species and at locations approved by the Land Use Board. No trees shall be planted within 25 feet of any street intersection.

Shade trees shall be a deciduous variety of a species approved by the Land Use Board. The following species shall not be considered as acceptable for shade tree use:

In all major subdivisions, shade trees shall be provided along the road frontage. Two trees properly planted, staked and fertilized as required herein this section, shall be provided for every 100 feet of road frontage except if an equivalent number of trees are preserved within 50 feet of the right-of-way.

The limits of clearing shall be identified;

Existing vegetation, including New Jersey's Record Trees as published by the New Jersey Department of Environmental Protection in 1991 and periodically updated, shall be incorporated into the landscape design where practical;

Permanent lawn or turf areas shall be limited to those specifically intended for active human use such as play fields, golf courses and lawns associated with a residence or other principal nonresidential use. Existing wooded areas shall not be cleared and converted to lawns except when directly associated with and adjacent to a proposed structure; and

The locations and identification of all trees and shrubs proposed to be used when required for screening and buffering, or for ornamental purposes around buildings and other structures.

Landscaping shall be designed to accent and compliment buildings and shall be located to assist with interior climate control.

The impact of any proposed landscaping plan shall be considered over time so that shrubs or trees do not grow and eventually block sight distances. This concern is particularly important at driveway entrances and in parking areas.

Factors, such as texture, color, shapes and foliage, shall be considered in the choice of species. In addition, the susceptibility of the species to disease and litter or maintenance problems must be considered.

The preservation of existing trees and vegetation is encouraged. All existing trees having a diameter of 15 inches or more measured three feet above ground level shall be incorporated into the landscaping plans and preserved. Although the alteration of the existing terrain may be permitted to accomplish appropriate landscaping objectives, the grade around existing trees that are incorporated into the landscaping plans may not be varied more than six inches unless properly designed tree wells are incorporated into the landscaping plans. The plans must also show how existing trees that are being preserved will be protected from damage during development of the property.

Septic tank cleaner;

Waste oil;

Cleaning solvents and paint or paint removal;

Flammable or caustic substances;

Herbicides, fungicides, insecticides or similar chemicals; or

Any other hazard materials as identified by the Salem County Solid Waste Management and/or Recycling Plan, and which materials are identified as hazardous chemicals or materials to be collected and disposed in accordance with said plan(s).[12]

There is a demonstrated need for the facility that cannot be met by existing facilities;

The development conforms with all state and federal regulations, and

The development will not result in a significant adverse impact as set forth in § 60-42GG(10).

There is no feasible alternative route or site for the facility that does not involve development in a wetland or, if none, that another feasible route which results in less significant adverse impacts on wetlands does not exist;

The need for the proposed linear improvement cannot be met by existing facilities or modification thereof;

The use represents a need which overrides the importance of protecting the wetland;

Development of the facility will include all practical measures to mitigate the adverse impact on the wetland; and

An increase in surface water runoff discharging into a wetland;

A change in the normal seasonal flow patterns in the wetland;

An alteration of the water table in the wetland;

An increase in erosion resulting in increased sedimentation in the wetland;

A change in the natural chemistry of the ground- or surface water of the wetland;

A loss of wetland habitat;

A reduction of wetland habitat diversity;

A change in wetland species composition; or

A significant disturbance of areas used by indigenous and migratory wildlife for breeding, nesting or feeding.