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Sparta Township City Zoning Code

§ 18-5.3

Design Standards.

[Ord. No. 636 A 504; Ord. No. 649; Ord. No. 664; Ord. No. 691 §§ XXIII — XXVII; Ord. No. 697 § 1; Ord. No. 714 §§ I, II; Ord. No. 720 § XI; Ord. No. 744 § 1; Ord. No. 750 § 6; Ord. No. 758 §§ I — IV; Ord. No. 841 § XLVI; Ord. No. 878 § 4; Ord. No. 1003 § 4; Ord. No. 02-20 §§ 16, 17; Ord. No. 04-05 § 19; Ord. No. 06-13 § 2; Ord. No. 07-26 §§ 2, 3; amended 3-9-2021 by Ord. No. 2021-02; 4-27-2021 by Ord. No. 2021-03; 7-23-2024 by Ord. No. 2024-07]
a. 
Blocks.
1. 
Block length and width or acreage within bounding roads shall be such as to accommodate the size of the lot required by the Zoning Ordinance and to provide adequately for sewage disposal and convenient access, circulation, control and safety of street traffic.
2. 
Pedestrian sidewalks and crosswalks may be required in locations deemed necessary by the Planning Board.
b. 
Lots.
1. 
Front, side, and rear yards and total area shall not be less than the requirements of the Zoning Ordinance and shall provide a conforming building site.
2. 
Where building is impracticable on a particular lot because of the topography, rock conditions, sewage disposal problems or drainage, the area shall be incorporated into adjoining lots.
3. 
Insofar as practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
4. 
Where land has been or will be dedicated for widening of existing rights-of-way, lots shall begin at the new right-of-way line and yard requirements shall be measured from such line.
5. 
Each lot (in the proposed subdivision) shall have the minimum required frontage abutting upon an approved street.
6. 
Where there is a question of the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions, high water table, freshwater wetlands, sewage disposal, excessive topographic slope or similar circumstances, the Planning Board (or Zoning Board of Adjustment) may, after adequate investigation, with professional assistance if deemed necessary, withhold approval of such lots.
c. 
Roads and Streets.
1. 
The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets, and where necessary in order to promote the orderly flow of traffic and for the safety, welfare and convenience of the public, shall be such as to provide for the appropriate extension to adjoining properties.
2. 
Minor streets shall be so designed as to discourage through traffic.
3. 
Subdivisions abutting arterial streets shall provide a marginal service road or reverse frontage with a buffer strip for planting or some means of separation of through and local traffic as the Planning Board may determine appropriate.
4. 
The right-of-way width shall be measured from lot line to lot line and shall be the following widths:
(a) 
Local arterial streets: 60 feet.
(b) 
Collector streets: 50 feet.
(c) 
Local streets and dead-end streets: 50 feet.
5. 
No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in control of the Township Council under conditions approved by the Planning Board.
6. 
Subdivisions that adjoin or include existing streets that do not conform with widths as shown on the Master Plan or Official Map, or the street width requirements of this chapter, shall dedicate additional width along either one or both sides of the road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.
7. 
Grade of local arterial and collector streets shall not exceed a grade of 12%. No road shall have a minimum grade of less than 0.5%.
8. 
Street jogs with center line offsets of less than 125 feet shall be prohibited.
9. 
A tangent shall be introduced between reverse curves. The tangent required shall be determined based on design speed of the road in accordance with A.A.S.H.O. Standards.
10. 
A horizontal curve shall be provided at any point along a street where the centerline deflects. The centerline radius of a horizontal curve of not less than 150 feet for local and collector streets shall be provided. The minimum centerline radius for a local arterial street shall be not less than 508 feet.
11. 
All changes in grade shall be connected by vertical curves of sufficient length to provide a smooth transition and proper sight distance as approved by the Township Engineer, and in accordance with A.A.S.H.O. Standards.
12. 
Dead-end streets (cul-de-sac) shall not serve more than 15 single family dwelling units and shall provide a turnaround at the end with a paved radius of 42 feet and a right-of-way radius of 50 feet. A cul-de-sac turnaround shall serve not more than three driveways and shall be provided with a twenty-foot by ten-foot snow removal easement beyond the right-of-way line on each lot fronting a cul-de-sac. A dead-end street or combination of streets shall not exceed a total length of 1,800 feet.
13. 
Where the dead-end street is of temporary nature due to the construction phasing of a subdivision, a turnaround as outlined in Subsection 12 must be provided and provisions shall be made for the future extension of the street and reversion of the excess right-of-way to the adjoining properties.
14. 
No street or development shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.
15. 
Design standards for streets, in any subdivision or site plan shall meet the minimum requirements as shown on the Table entitled "Minimum Road Design Standards for Road Acceptance", which is an appendix hereto and hereby declared to be a part of this chapter.[1]
[1]
Editor's Note: "Minimum Road Design Standards for Road Acceptance" referred to herein may be found attached to this chapter as Appendix A.
16. 
All local and collector streets shall be constructed with granite block or concrete curbs.
17. 
Beam guide rail shall be provided along a street when the embankment exceeds a depth of five feet below the roadway. Guide rail may be waived if the embankment slope is 4:1 or greater and if approved by the Township Engineer.
d. 
Intersection Standards.
1. 
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°.
2. 
The corners at an intersection shall be rounded with a curb return which provides for a curbline having a radius of not less than 35 feet.
3. 
Intersections shall have unobstructed sight along both streets and across the included corner. Sight triangle easements shall be required and shall consist of the area bounded by the right-of-way lines and straight line connecting sight points on the street center lines which are measured from the intersection of the street center lines. The sight point on a local and collector street shall be 90 feet from the intersection of the center lines and sight points on the through collector or arterial streets shall be 300 feet from the intersection of the street center lines.
4. 
Where new streets or roads connect with local arterial streets, acceleration and deceleration lanes shall be provided. The design of the acceleration-deceleration lanes shall be designed in accordance with A.A.S.H.O. Standards.
5. 
Intersection capacity and level of service analysis shall be developed in accordance with the Highway Capacity Manual, Highway Research Board Special Report #87.
6. 
No new street shall be constructed within 250 feet of an existing intersection except that a new street may be constructed opposite to an existing local street.
7. 
Driveways shall not be constructed within 25 feet of an intersection return.
8. 
The design of intersections shall conform to A.A.S.H.O. Standards.
e. 
Sidewalks.
1. 
Sidewalks shall be provided to minimize vehicle-pedestrian hazards which shall be determined by volume of pedestrian and vehicular traffic and the speed of vehicular traffic. Sidewalks shall be located to segregate pedestrian and vehicular traffic along local arterial and collector streets and within off-street parking areas.
2. 
Sidewalks located within a street right-of-way shall be four feet wide and constructed with concrete. Construction of the sidewalk shall conform to the "New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction."
3. 
Sidewalks should be constructed with a four-foot offset from the street curbs.
4. 
Depressed sidewalk handicap ramps shall be constructed at all street intersections and within off-street parking areas.
5. 
Where concrete sidewalks are required, driveway aprons shall be constructed of eight-inch thick concrete and shall provide for a continuous sidewalk.
f. 
Stormwater Control.
[Amended 3-9-2021 by Ord. No. 2021-02; 4-27-2021 by Ord. No. 2021-03]
1. 
Scope and Purpose.
(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 Subsection 18-5.3f is to establish minimum stormwater management requirements and controls for "major development," and "non-major development," as defined below in Subsection 18-5.3f2.
(c) 
Applicability.
(1) 
This Subsection 18-5.3f shall be applicable to the following major developments:
(i) 
Non-residential major developments; and
(ii) 
Aspects of residential major developments that are not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21.
(2) 
This Subsection 18-5.3f shall also be applicable to all major developments undertaken by the Township of Sparta.
(3) 
This Subsection 18-5.3f shall be applicable to "non-major development" that is subject to review by the Sparta Township Planning or Zoning Board pursuant to the requirements of the New Jersey Municipal Land Use Law and activities that require a grading permit in accordance with the ordinances of the Township. This Subsection 18-5.3f will apply to the developments identified in Section 18-5.3f1(c)(3) as further noted herein.
(d) 
Compatibility with Other Permit and Ordinance Requirements. Development approvals issued pursuant to this Subsection 18-5.3f 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 Subsection 18-5.3f shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
This Subsection 18-5.3f 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 Subsection 18-5.3f 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.
2. 
Definitions.
For the purpose of this Subsection 18-5.3f, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Subsection 18-5.3f clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
CAFRA CENTERS, CORES OR NODES
Means those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
CAFRA PLANNING MAP
Means the map used by the Department to identify the location of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes. The CAFRA Planning Map is available on the Department's Geographic Information System (GIS).
COMMUNITY BASIN
Means an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this Subsection 18-5.3f.
COMPACTION
Means the increase in soil bulk density.
CONTRIBUTORY DRAINAGE AREA
Means the area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.
CORE
A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY
Means an agency designated by the Board County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
(a) 
A county planning agency; or
(b) 
A county water resource association created under N.J.S.A. 58:16A- 55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT
Means the Department of Environmental Protection.
DESIGN ENGINEER
Means a person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
DESIGNATED CENTER
Means a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
DEVELOPMENT
Means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
In the case of development of agricultural land, development means: any activity that requires a State permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A 4:1C-1 et seq.
DISTURBANCE
Means the placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.
DRAINAGE AREA
Means a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.
EMPOWERMENT NEIGHBORHOODS
Means neighborhoods designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.
ENVIRONMENTALLY CONSTRAINED AREA
Means the following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
ENVIRONMENTALLY CRITICAL AREA
Means an area or feature which is of significant environmental value, including but not limited to: stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
EROSION
Means the detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
GREEN INFRASTRUCTURE
Means a stormwater management measure that manages stormwater close to its source by:
(a) 
Treating stormwater runoff through infiltration into subsoil;
(b) 
Treating stormwater runoff through filtration by vegetation or soil; or
(c) 
Storing stormwater runoff for reuse.
HUC 14 or HYDROLOGIC UNIT CODE 14
Means an area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
IMPERVIOUS SURFACE
Means a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION
Is the process by which water seeps into the soil from precipitation.
LEAD PLANNING AGENCY
Means one or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.
MAJOR DEVELOPMENT
Means an individual "development," as well as multiple developments that individually or collectively result in:
(a) 
The disturbance of one or more acres of land since February 2, 2004;
(b) 
The creation of one-quarter acre or more of "regulated impervious surface" since February 2, 2004;
(c) 
The creation of one-quarter acre or more of "regulated motor vehicle surface" since March 2, 2021; or
(d) 
A combination of paragraphs (b) and (c) above that totals an area of one-quarter acre or more. The same surface shall not be counted twice when determining if the combination area equals one-quarter acre or more.
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of paragraphs (a), (b), (c) or (d) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."
MOTOR VEHICLE
Means land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low speed vehicles. For the purposes of this definition, motor vehicle does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.
MOTOR VEHICLE SURFACE
Means any pervious or impervious surface that is intended to be used by "motor vehicles" and/or aircraft, and is directly exposed to precipitation including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.
MUNICIPALITY
Means any city, borough, town, township, or village.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL
Means the manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this Subsection 18-5.3f. 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 Subsection 18-5.3f. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this Subsection 18-5.3f, provided the design engineer demonstrates to the municipality, in accordance with Subsection 18-5.3f4(f) of this Subsection 18-5.3f 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 Subsection 18-5.3f.
NODE
Means an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NON-MAJOR DEVELOPMENT
Means development that does not meet the definition of "major development, but is subject to review by the Sparta Township Planning or Zoning Board pursuant to the requirements of the New Jersey Municipal Land Use Law and/or activities that require a grading permit in accordance with the ordinances of the Township only if the proposed disturbance is in excess of 500 square feet.
NUTRIENT
Means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON
Means any individual, corporation, company, partnership, firm, association, political subdivision of this State and any state, interstate or Federal agency.
POLLUTANT
Means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
RECHARGE
Means the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
REGULATED IMPERVIOUS SURFACE
Means any of the following, alone or in combination:
(a) 
A net increase of impervious surface;
(b) 
The total area of impervious surface collected by a new stormwater conveyance system (for the purpose of this definition, a "new stormwater conveyance system" is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created);
(c) 
The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or
(d) 
The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.
REGULATED MOTOR VEHICLE SURFACE
Means any of the following, alone or in combination:
(a) 
The total area of motor vehicle surface that is currently receiving water;
(b) 
A net increase in motor vehicle surface; and/or quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.
SEDIMENT
Means solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
SITE
Means the lot or lots upon which a major development is to occur or has occurred.
SOIL
Means all unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
Means an area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the State's future redevelopment and revitalization efforts.
STATE PLAN POLICY MAP
Is defined as the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
STORMWATER
Means water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BMP
Means an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Means any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.
STORMWATER MANAGEMENT PLANNING AGENCY
Means a public body authorized by legislation to prepare stormwater management plans.
STORMWATER MANAGEMENT PLANNING AREA
Means the geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.
STORMWATER RUNOFF
Means water flow on the surface of the ground or in storm sewers, resulting from precipitation.
TIDAL FLOOD HAZARD AREA
Means a flood hazard area in which the flood elevation resulting from the two-, 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.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
Means a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONES
Means a zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.
URBAN REDEVELOPMENT AREA
Is defined as previously developed portions of areas:
(a) 
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
(b) 
Designated as CAFRA Centers, Cores or Nodes;
(c) 
Designated as Urban Enterprise Zones; and
(d) 
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATER CONTROL STRUCTURE
Means a structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, 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.
WATERS OF THE STATE
Means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS or WETLAND
Means an area that is inundated or saturated by surface water or 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.
3. 
Design and Performance Standards for Stormwater Management Measures.
(a) 
Stormwater management measures for major development and applicable non-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, even if the proposed soil disturbance is less than 5,000 square feet, but larger than 500 square feet.
(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 Subsection 18-5.3f apply only to new major development and new non-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 and new non-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.
(c) 
New non-major development is required to address the increased stormwater runoff associated with the proposed increased impervious surface greater than 500 square feet. The preferred methods of addressing this added stormwater runoff will be through green infrastructure systems, with secondary techniques being direct infiltration via trench type systems or dry wells. These systems shall be sized to accommodate the 1.25" two-hour rain event over an area the size the proposed new impervious surface. The green infrastructure and infiltration practices of this Subsection 18-5.3f shall be followed to the extent practical and as approved by the Township/Planning or Zoning Board Engineer. Only "clean" runoff from roofs, patios, sidewalks and vegetated areas shall be directly recharged. The stormwater quantity, quality and recharge requirement for "non-major development" will be to detain and infiltrate the noted storm event.
4. 
Stormwater Management Requirements for Major Development and Applicable Non-Major Development.
(a) 
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development or non-major development in accordance with Subsection 18-5.3f10.
(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 muhlenbergii (bog turtle).
(c) 
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection 18-5.3f4(p), (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 Subsection 18-5.3f4(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:
(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 Subsection 18-5.3f4(o), (p), (q) and (r) to the maximum extent practicable;
(3) 
The applicant demonstrates that, in order to meet the requirements of Subsection 18-5.3f4(o), (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 Subsection 18-5.3f4(d)(3) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection 18-5.3f4(o), (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 Subsection 18-5.3f4(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://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 Subsection 18-5.3f 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
Storwmater Runoff Quality TSS Removal Rate
(percent)
Stormwater Runoff Quantity
Groundwater Recharge
Minimum Separation from Seasonal High Water Table
(feet)
Cistern
0
Yes
No
Dry well(a)
0
No
Yes
2
Grass swale
50 or less
No
No
2(e)
1(f)
Green roof
0
Yes
No
Manufactured treatment device(a)(g)
50 or 80
No
No
Dependent upon the device
Pervious paving system(a)
80
Yes
Yes(b)
No(c)
2(b)
1(c)
Small-scale bioretention basin(a)
80 or 90
Yes
Yes(b)
No(c)
2(b)
1(c)
Small-scale infiltration basin(a)
80
Yes
Yes
2
Small-scale sand filter
80
Yes
Yes
2
Vegetative filter strip
60 to 80
No
No
(Notes corresponding to annotations (a) through (g) are found after Table 3.)
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best Management Practice
Stormwater Runoff Quality TSS Removal Rate
(percent)
Stormwater Runoff Quantity
Groundwater Recharge
Minimum Separation from Seasonal High Water Table
(feet)
Bioretention system
80 or 90
Yes
Yes(b)
No(c)
2(b)
1(c)
Infiltration basin
80
Yes
Yes
2
Sand filter(b)
80
Yes
Yes
2
Standard constructed wetland
90
Yes
No
N/A
Wet pond(d)
50 to 90
Yes
No
N/A
(Notes corresponding to annotations (b) through (d) are found after Table 3.)
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Best Management Practice
Stormwater Runoff Quality TSS Removal Rate
(percent)
Stormwater Runoff Quantity
Groundwater Recharge
Minimum Separation from Seasonal High Water Table
(feet)
Blue roof
0
Yes
No
N/A
Extended detention basin
40 to 60
Yes
No
1
Manufactured treatment device(h)
50 or 80
No
No
Dependent upon the device
Sand filter(c)
80
Yes
No
1
Subsurface gravel wetland
90
No
No
1
Wet pond
50 to 90
Yes
No
N/A
Notes to Tables 1, 2, and 3:
(a)
Subject to the applicable contributory drainage area limitation specified at Subsection 18-5.3f4(o)(2);
(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 Subsection 18-5.3f2;
(h)
Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection 18-5.3f2.
(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 Subsection 18-5.3f6(b). Alternative stormwater management measures may be used to satisfy the requirements at Subsection 18-5.3f4(o) only if the measures meet the definition of green infrastructure at Subsection 18-5.3f2. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection 18-5.3f4(o)(2) are subject to the contributory drainage area limitation specified at Subsection 18-5.3f4(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 18-5.3f4(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 18-5.3f4(d) is granted from Subsection 18-5.3f4(o).
(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 one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection 18-5.3f8(c);
(3) 
Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall be deemed to meet this requirement;
(4) 
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection 18-5.3-f8; and
(5) 
The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of 2 1/2 inches in diameter.
(j) 
Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection 18-5.3f2 may be used only under the circumstances described at Subsection 18-5.3f4(o)(4).
(k) 
Any application for a new agricultural development that meets the definition of major development at Subsection 18-5.3f2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection 18-5.3f4(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.
(l) 
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 18-5.3f4(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.
(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 Sussex 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 Subsection 18-5.3f4(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 18-5.3f10(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.
(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 Subsection 18-5.3f4 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 Sussex County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with paragraph (m) above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with paragraph (m) above.
(o) 
Green Infrastructure Standards.
(1) 
This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.
(2) 
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection 18-5.3f4(p) and (q), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection 18-5.3f4(f) and/or an alternative stormwater management measure approved in accordance with Subsection 18-5.3f4(g). 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 Subsection 18-5.3f4(r), the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Subsection 18-5.3f4(g).
(4) 
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection 18-5.3f4(d) 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 Subsection 18-5.3f4(g) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 18-5.3f4(p), (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 Subsection 18-5.3f4(p), (q) and (r), unless the project is granted a waiver from strict compliance in accordance with Subsection 18-5.3f4(d).
(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 Subsection 18-5.3f5, either:
(i) 
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
(ii) 
Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the two-year storm is infiltrated.
(3) 
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to paragraph (4) below.
(4) 
The following types of stormwater shall not be recharged:
(i) 
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 or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and
(ii) 
Industrial stormwater exposed to "source material." "Source material" means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.
(q) 
Stormwater Runoff Quality Standards.
(1) 
This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of one-quarter acre or more of regulated motor vehicle surface.
(2) 
Stormwater management measures shall be designed to reduce the post- construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:
(i) 
Eighty percent TSS removal of the anticipated load, expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.
(ii) 
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 paragraph (2) 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
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 Subsection 18-5.3f4(p), (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) 
This 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 Subsection 18-5.3f5, complete one of the following:
(i) 
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two-, ten-, and 100-year storm events do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events;
(ii) 
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 two-, ten- and 100-year storm events 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;
(iii) 
Design stormwater management measures so that the post-construction peak runoff rates for the two-, ten- and 100-year storm events 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
(iv) 
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with paragraphs (2)(i), (ii) and (iii) 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.
(s) 
Major developments that are granted a variance or exemption from the stormwater management design and performance standards must comply with the Mitigation Plan identified in the Sparta Township Municipal Stormwater Management Plan.
Mitigation Plans
This mitigation plan is provided for a proposed development that is granted a variance or exemption from the stormwater management design and performance standards.
Mitigation Project Criteria
The mitigation project shall be implemented preferably in the same drainage area as the proposed development. The project must provide additional groundwater recharge benefits, or protection from stormwater runoff quality and quantity from previously developed property that does not currently meet the design and performance standards outlined in the Municipal Stormwater Management Plan. The developer must ensure the long- term maintenance of the project, including the maintenance requirements under Chapters 8 and 9 of the NJDEP Stormwater BMP Manual.
The mitigation project may also provide mitigation that is not equivalent to the impacts for which the variance or exemption is sought, but that addresses the same issue. For example, if a variance is given because the 80% TSS requirement is not met, the selected project may address water quality impacts due to a fecal impairment.
The developer may provide funding or partial funding to the municipality for an environmental enhancement project that has been identified in the Municipal Stormwater Management Plan. The funding must be equal to or greater than the cost to implement the mitigation outlined above, including costs associated with purchasing the property or easement for mitigation and the cost associated with the long-term maintenance requirements of the mitigation measure.
The applicant can select one of the following projects listed to compensate for the deficit from the performance standards resulting from the proposed project. More detailed information on the projects can be obtained from the Township Engineer. Listed below are specific projects that can be used to address the mitigation requirement.
(1) 
Sparta Glen Park/Sparta Glen Brook.
The purpose of this project is to restore the stream and the stream environs to significantly reduce non-point source pollution. The limit of the project is approximately 5,700 feet length of the Sparta Glen Brook through the Sparta Glen Park - Block 7, Lot 57.
The major components of the project consist of re- channelization of the stream, re-establishment of in stream habitat environs, re-stabilization of stream bank and re-vegetation of the riparian buffer zone and upland forest transition area.
(2) 
Station Park/Wallkill River.
The major components of the project consist of re- channelization of the stream, re-establishment of in stream habitat environs, re-stabilization of stream bank and re-vegetation of the riparian buffer zone.
(3) 
Wallkill River from confluence with Sparta Glen Brook downstream to Station Road County Bridge Q-08: The major components of the project consist of re-channelization of the stream, re-establishment of in stream habitat environs, re-stabilization of stream bank and re-vegetation of the riparian buffer zone.
(4) 
Drainage improvements, including solids removal at Balsam Parkway, Birch Parkway, Cherry Tree Lane, and Hopkins Corner Road retention basin overflow.
(5) 
Price's Lane landfill closure soil stabilization installation and maintenance.
(6) 
Existing stormwater discharges within close proximity (<100 feet) of surface waters shall be equipped with structural stormwater management measures as defined in Chapter 9, NJ Stormwater Best Management Practices Manual. Such techniques are applicable in existing developed areas, where low impact development techniques are not easily implemented.
(i) 
Rivers/Streams.
Priority shall be given to C-1 designated streams and those with a defined TMDL. (Reference NJDEP Geode for latest information on C-1 designated streams.
(ii) 
Lakes/Ponds.
Lakes and ponds are divided into two categories as follows:
Moderate to Heavily Developed at Present
Seneca Lake
Lake Grinnell
Sparta Lake
Fox Hollow Lake
Lake Saginaw
Sunset Lake
Lake Mohawk
Beiser Pond
Upper Lake Mohawk
Fox Trail Lake
Arapaho Lake
Madonna Lake
Low Developed at Present
Rock Island Lake
Glen Lake
Ryker Lake
White Lake
Blue Heron Lake
Morris Lake
Mud Pond
Green Ridge Lake
Hawthorne Lake
Priority shall be given to more heavily developed areas where stormwater controls would result in the greatest benefit.
An applicant may propose a specific mitigation project. All projects shall be prioritized and approved by the Township Engineer, Director of Planning, and the Sparta Township Planning Board and shall be at the sole discretion of Sparta Township.
5. 
Calculation of Stormwater Runoff and Groundwater Recharge:
(a) 
Stormwater runoff shall be calculated in accordance with the following:
(1) 
The design engineer shall calculate runoff using one of the following methods:
(i) 
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://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(ii) 
The Rational Method for peak flow and the Modified Rational Method for hydrograph computations. The rational and modified rational methods are described in "Appendix A-9 Modified Rational Method" in the Standards for Soil Erosion and Sediment Control in New Jersey, January 2014. This document is available from the State Soil Conservation Committee or any of the Soil Conservation Districts listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number for each Soil Conservation District is available from the State Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625. The document is also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
(2) 
For the purpose of calculating runoff coefficients 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 "runoff coefficient" applies to both the NRCS methodology above at Subsection 18-5.3f5(a)(1)(i) and the Rational and Modified Rational Methods at Subsection 18-5.3f5(a)(1)(ii). A runoff coefficient 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 have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(3) 
In computing pre-construction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce pre-construction stormwater runoff rates and volumes.
(4) 
In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 - Urban Hydrology for Small Watersheds or other methods may be employed.
(5) 
If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.
(b) 
Groundwater recharge may be calculated in accordance with the following: The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/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.
6. 
Sources for Technical Guidance:
(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://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(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://www.njstormwater.org/maintenance_guidance.htm.
(b) 
Submissions required for review by the Department should be mailed to: The Division of Water Quality, New Jersey Department of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
7. 
Solids and Floatable Materials Control Standards:
(a) 
Site design features identified under Subsection 18-5.3f4(f) above, or alternative designs in accordance with Subsection 18-5.3f4(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 18-5.3f7(a)(2) 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:
(i) 
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
(ii) 
A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.
(iii) 
For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.
(2) 
The standard in paragraph (a)(1) above does not apply:
(i) 
Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than 9.0 square inches;
(ii) 
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;
(iii) 
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:
[a] 
A rectangular space four and 4.625 inches long and 1.5 inches wide (this option does not apply for outfall netting facilities); or
[b] 
A bar screen having a bar spacing of 0.5 inches.
Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).
(iv) 
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
(v) 
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.
8. 
Safety Standards for Stormwater Management Basins:
(a) 
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.
(b) 
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsections 18-5.3f8(c)(1), 18-5.3f8(c)(2) and 18-5.3f8(c)(3) for trash racks, overflow grates, and escape provisions at outlet structures.
(c) 
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
(1) 
A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the Stormwater management BMP to ensure proper functioning of the BMP outlets in accordance with the following:
(i) 
The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;
(ii) 
The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;
(iii) 
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
(iv) 
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:
(i) 
The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.
(ii) 
The overflow grate spacing shall be no less than two inches across the smallest dimension.
(iii) 
The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.
(3) 
Stormwater management BMPs shall include escape provisions as follows:
(i) 
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection 18-5.3f8(c), a free-standing outlet structure may be exempted from this requirement;
(ii) 
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than two and one-half 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 Subsection 18-5.3f8(e) for an illustration of safety ledges in a stormwater management BMP; and
(iii) 
In new stormwater management BMPs, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.
(d) 
Variance or Exemption from Safety Standard. A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.
(e) 
Safety Ledge Illustration.
Elevation View - Basin Safety Ledge Configuration
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 Subsection 18-5.3f, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection 18-5.3f9(c) 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 Subsection 18-5.3f.
(3) 
The applicant shall submit the required number of copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection 18-5.3f9(c).
(b) 
Site Development Stormwater Plan Approval. The applicant's Site Development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this Subsection 18-5.3f.
(c) 
Submission of Site Development Stormwater Plan. The following information shall be required:
(1) 
Topographic Base Map.
The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown.
(2) 
Environmental Site Analysis.
A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.
(3) 
Project Description and Site Plans.
A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.
(4) 
Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of Subsections 18-5.3f3 through 18-5.3f5 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:
(i) 
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.
(ii) 
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.
(i) 
Comprehensive hydrologic and hydraulic design calculations for the pre- development and post-development conditions for the design storms specified in Subsection 18-5.3f4.
(ii) 
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 Subsection 18-5.3f10.
(8) 
Waiver from Submission Requirements.
The municipal official or board reviewing an application under this Subsection 18-5.3f may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection 18-5.3f9(c)(1) through Subsection 18-5.3f9(c)(6) 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.
10. 
Maintenance and Repair:
(a) 
Applicability. Projects subject to review as in Subsection 18-5.3f1(c) shall comply with the requirements of Subsection 18-5.3f10(b) and 18-5.3f10(3)(c).
(b) 
General Maintenance.
(1) 
The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.
(2) 
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
(3) 
If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.
(4) 
Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.
(5) 
If the party responsible for maintenance identified under Subsection 18-5.3f10(b)(3) above is not a public agency, the maintenance plan and any future revisions based on Subsection 18-5.3f10(b) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(6) 
Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.) of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of non-vegetated linings.
(7) 
The party responsible for maintenance identified under Subsection 18-5.3f10(b)(3) above shall perform all of the following requirements:
(i) 
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;
(ii) 
Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and
(iii) 
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 Subsections 18-5.3f10(b)(6) and 18-5.3f10(b)(7) above.
(iv) 
The maintenance and repair information listed herein shall be made accessible for review by Sparta Township representatives when requested.
(8) 
The requirements of Subsections 18-5.3f10(b)(3) and 18-5.3f10(b)(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) 
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.
(1) 
A maintenance guarantee, with a two-year term for specifically stormwater management facilities shall be posted with Sparta Township, and shall be applicable to initial defective workmanship and materials, and not routine operating and maintenance tasks. This security shall be required from the developer for all stormwater facilities, including facilities to be dedicated to Sparta Township or another public entity; or to those remaining under private ownership and operation.
(2) 
A twenty-five-year term, sinking fund escrow account shall be posted with Sparta Township to cover operating and maintenance costs of stormwater management facilities, which are dedicated to Sparta Township. The maintenance costs, as referenced in Subsection 18-5.3f9(b)(2) shall be approved by the Township Engineer. This fund shall be established in a Developer's Agreement with the Township Council.
(3) 
A "Sparta Township Stormwater Management Facility Operating & Maintenance" permit shall be secured by the property owner from Sparta Township. The permit fee is as established under Section 18-8, Fees of the Township of Sparta Comprehensive Land Management Code.
11. 
Penalties.
(a) 
Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this Subsection 18-5.3f shall be subject to the penalties defined in Township of Sparta's Comprehensive Land Code, Section 18-7, Administration and Enforcement (Subsection 18-7.2 Penalties).
g. 
Top Soil Protection. Top soil which shall be moved in the course of regrading or building within a subdivision shall not be used as spoil or be removed from the subdivision site. Such top soil shall be redistributed over building sites and stabilized by seeding or planting.
h. 
Parking Standards.
[Amended 7-23-2024 by Ord. No. 2024-07]
1. 
Standards for Off-Street Parking Requirements:
(a) 
All nonresidential uses shall provide off-street parking facilities. The number of parking spaces required shall be based on the following standard for parking ratio requirements:
Type of Use
Specific Uses
Required Spaces
Commercial
Retail
1/200 square feet of gross leasable area
Office and banks
1/200 square feet of gross leasable area
Medical
1/200 square feet of gross leasable area
Hotels, motels
1 per sleeping room
Funeral homes
10 plus 1 for every 50 square feet of gross floor area
Restaurants
1 for each 3 seats or 1 for each 50 square feet of service and eating area (excluding kitchen and storage, whichever is greater)
Real estate offices for commercial or residential properties
1/200 square feet of gross area
Indoor Commercial Recreation
1 parking space per 750 square feet of gross floor area for athletic activities, plus 1 parking space per 75 square feet of gross floor area of spectator viewing or gathering areas outside of the athletic space. Regardless of the above, there shall be a minimum of 50 spaces for the use.
Where tournament play is anticipated, an additional 1 space for every 3 anticipated spectators shall be in addition to the parking standard for the athletic space.
Health Club
1 parking space for each 100 square feet of gross leasable floor area
Fitness Studio in the ED, PDRM-1, and PDRM-2 Zones
1 parking space for each 200 square feet of gross leasable floor area, or 1 parking space for each 100 square feet of gross leasable floor area when the use is shared with another use on site.
Fitness Studio in all other Zones
1 parking space for each 100 square feet of gross leasable floor area
Industrial
Warehousing
1/employee or 1/500 square feet
Light manufacturing
1/employee or 1/500 square feet
Heavy manufacturing
1/employee or 1/500 square feet (whichever is the greater)
Institutional
Wholesale store, building materials store, appliance and furniture store
1 for each 300 square feet of gross leasable floor area
Churches, auditoriums, theaters, assembly halls, dance halls, community buildings
1 for each 3 seats
Hospitals, nursing homes, medical institutions
1 for each 2 beds
Senior citizen assisted living, residential care and/or independent living units
0.20 parking spaces per bed for assisted living or similar use and 1 space per unit for independent living units or similar use. There shall be at least 1 space per employee and 10% of the total parking shall be added to the total as visitor parking
(b) 
Each such parking space shall have an area of not less than 180 square feet exclusive of access drives or aisles, and shall be a minimum of nine by 20 feet. In commercial zones, parking is not permitted in the front or side yards unless specifically approved by the Planning Board with a site plan waiver.
(c) 
Any building containing more than one use shall meet the combined parking space requirements for all uses in the building. Any change in use within a building shall be required to meet the minimum parking requirements for the new use.
(d) 
Where appropriate, because of defined use schedule separation, parking requirements may be shared, in full or part, if specifically approved by the Planning Board.
(e) 
If it can be clearly demonstrated that because of the peculiar nature of any use all of the required parking is not necessary, the Planning Board may permit a reduction in the amount of parking area to be paved; provided, however, that the entire required parking area shall be shown on the site plan so that it will be available in the event future conditions should so require.
(f) 
All off-street parking areas other than agricultural and residential parking areas shall be paved with bituminous concrete two inches thick after compaction, on a stable base of soil aggregate class 5 Type "A" four inches thick after compaction and approved by the Township Engineer. The Planning Board may approve an exception to the above, subject to approval by the Township Engineer and Fire Official, to allow for alternatives to traditional pavement which may include: pervious asphalt, pervious concrete, pervious interlocking pavers, and plastic grid pavers.
(g) 
All parking and loading areas shall be graded and equipped with adequate drainage facilities as approved by the Township Engineer.
(h) 
All parking and loading spaces shall be appropriately marked with painted lines four inches wide.
(i) 
Lighting in connection with off-street parking shall be so arranged and shielded as to reflect the light downward away from adjoining streets or properties. An average of 0.5 foot candle intensity shall be the minimum intensity in a parking area.
(j) 
All parking areas shall provide for adequate ingress and egress and safe, convenient traffic circulation and the following minimum standards:
(1) 
Any off-street parking area with 40 or less parking spaces and not exceeding 200 feet in length from the remotest point to the point of access to a public cartway and which has at least one hammerhead turnaround at or near the remotest point, may have one means of ingress-egress.
(2) 
Any off-street parking area with greater than 40 but less than 120 parking spaces and which does not exceed 600 feet in length from the remotest point to the point of access to a public cartway and which has at least one full turnaround as required by Subsection 18-5.3j5 to provide full clearance for a fire truck and/or standard trailer moving van at or near the remotest point may have one means of ingress-egress.
(3) 
All other conditions shall require as a minimum at least two separate means of ingress-egress with one-way circulation loops preferred.
(k) 
The off-street parking area shall be effectively screened on any side which adjoins or faces premises situated in any residential zones, by a fence or wall not less than four nor more than six feet in height, maintained in good condition provided, however, that a screening or hedge or other natural landscaping may be substituted for the required fence or wall if approved by the Planning Board. The fence as required by this subsection may be waived by the Planning Board if, in the Board's judgment, because of topographical or other unusual conditions, said fence is not necessary to screen adjoining residential property.
(l) 
Off-street parking areas shall be used solely for the parking of passenger automobiles and no commercial repair work or service of any kind shall be conducted on the parking lot nor shall such lots be used for the parking of disabled, dismantled, inoperable or unregistered vehicles.
(m) 
No signs other than "entrance", "exit", or conditions of use signs shall be maintained not to exceed one square foot for each face.
(n) 
Parking areas shall be enclosed by concrete curbing six inches above the paved surface or granite block as approved by the Planning Board, and unless otherwise required by this subsection, located at least five feet from any property line or nearest structural wall of a building, except that in the commercial zones parking areas may be constructed up to the property line which abuts a parking area on property in the commercial zones and further provided proper access and circulation between the two parking areas is provided.
(o) 
All parking areas shall be designed with service aisles to meet the following standards:
Angle
Aisle Width
Parallel parking
12 feet
30° angle parking
11 feet
45° angle parking
13 feet
60° angle parking
18 feet
90° angle parking
24 feet
(p) 
All portions of the property not used for off-street parking shall be attractively landscaped with grass lawns, trees and shrubs as required in Subsection 18-5.3o.
(q) 
All off-street parking areas shall be subject to the approval of the Planning Board to insure their adequacy, relation to traffic safety and protection of the adjacent properties.
(r) 
Off-Street Parking Exceptions. Any owner or group of owners of a nonresidential building, buildings or uses in commercial or industrial districts may jointly sponsor off-street parking facilities provided that the area of the parking facilities equals the total parking area requirements of each owner participating therein, that such jointly sponsored facilities comply with all the other requirements of this chapter and further provided that any participating use is no farther from the parking area than 300 feet.
(s) 
Off-Street Loading Spaces. In all zones for every building or use requiring the receipt or distribution in vehicles of materials or merchandise, there shall be provided on the same property with such building or uses off-street loading spaces in relation to the floor area as follows:
Floor Area in Square Feet
Number of Spaces
9,999 or less
1
10,000 to 19,999
2
20,000 to 49,999
3
50,000 to 100,000
4
Each additional 100,000 or part thereof
1
(1) 
Each loading space shall be at least 12 feet in width, 30 feet in length and have a fourteen-foot clearance above grade, provided, however, that the Planning Board may require additional length of up to 55 feet depending on the length of vehicles using said space.
(t) 
Setbacks. All off-street parking areas shall be separated from sidewalks by a minimum setback of four feet and from other vehicular paved areas by a minimum of eight feet.
(u) 
Planting. Planting shall be in accordance with Subsection 18-5.3o, Landscaping Design Standards.
(v) 
Residential Off-Street Parking Standards.
(1) 
Provisions shall be made for two off-street parking spaces for every dwelling unit, one of which shall be in an enclosed garage for each single family detached dwelling unit constructed subsequent to 1977, Ordinance No. 518.
Such off-street parking areas and all driveways shall be constructed in accordance with the specifications contained in Subsection (2) below.
(2) 
Residential off-street parking spaces and driveways which slope toward any street, at an average grade of more than 3% within 50 feet of the street shall be constructed in accordance with the following specifications, except as provided in Subsection (5) below:
(i) 
Base Material — Minimum four inches of Soil Aggregate, Type 5, Class "A".
(ii) 
Surface Material — F.A.B.C. - 1, two inches thick as per the New Jersey Department of Transportation Specifications.
(3) 
Driveway grades shall not exceed 15% at any point along its entire length. In addition, the driveway grade shall not exceed 8% for a distance of eight feet from the curbline and a vertical curve provided between said 8% grade and any increase in grade. Driveway grades shall be no more than 8% within 12 feet of a garage.
(4) 
The side slopes of driveways shall be topsoiled, seeded, fertilized and mulched to prevent erosion. If banks reach or exceed a 2:1 slope, crownvetch or some other stabilizing material shall be planted or retaining walls constructed based on recommendation of the Township Engineer.
(5) 
Notwithstanding the foregoing provisions, driveways in excess of 100 feet in length with grades not exceeding 4% may, in lieu of the requirements in Subsections (2)(i) and (2)(ii), be constructed of shale, stone or other material as approved by the Township Engineer to a minimum depth of two inches. All other requirements of Subsections (3) and (4) shall apply. Driveways in excess of 100 feet in length exceeding a grade of 3% shall be constructed in accordance with standards and specifications as recommended by the Township Engineer.
(6) 
Individual lots shall have a driveway located no closer than five feet from an adjoining property line.
i. 
Swimming Pools.
1. 
Private Swimming Pools.
(a) 
Application for Permit. No person shall locate and construct, alter or install a private swimming pool without first having obtained a permit therefor as hereinafter prescribed, except that a permit for construction or installation of a wading pool is not required. Before excavation or any other work is commenced on the construction or installation of a pool or the alteration, enlargement, remodeling or other improvement thereof, an application shall be made to the Construction Official in a form approved by the Council, which shall be accompanied by final plans, specifications and reports showing the following data:
(1) 
Detailed plat plan of the entire property showing existing structures on the premises and adjoining premises, including the location of nearby septic tanks, disposal fields and seepage pits, as well as the proposed pool drawn to scale, with pertinent dimensions and grade elevations shown at pool, buildings and property lines.
(2) 
Detailed plans to scale with dimensions and specifications for the construction of the pool (or other change in existing pools) including piping arrangement, pumps, water treatment facilities, including operating instructions therefor, source of water to be used and report showing quality thereof for potable purposes, provisions for emptying pool and disposal of waste water and all other facilities proposed by the applicant or required by this chapter.
(b) 
Issuance of Permit; Certificate of Occupancy. When the plans and specifications are filed in a form complying with this section, and have been approved by the Construction Official, Sanitarian and Plumbing Inspector, a permit to construct the same shall be issued. Upon completion, no pool shall be used until inspected by the Construction Official, Sanitarian and Plumbing Inspector and a certificate of occupancy has been issued by the Construction Official.
(c) 
Design and Construction Requirements. No permit shall be issued for the construction or other change in a pool unless the construction or installation conforms to the following minimum standards.
(1) 
No pool shall be designed or located so as to constitute a nuisance or hazard to nearby owners of property or the public.
(2) 
Outdoor pools must be located within the setback lines prescribed by the zoning regulations of the Township and in no event shall a pool be located so that water therein will be closer than 10 feet to any outside property lines or any building on the premises or adjoining premises. The body of a pool (that part used for swimming or bathing) may not be closer than 25 feet to a septic tank, disposal field or seepage pit.
(3) 
The surface area of the water in the pool shall not exceed 50% of the side, front or rear yard area where it is located.
(4) 
Fences. The Township Council expressly declares that pools which are not properly fenced are detrimental to the health, safety and welfare of the residents of the Township. Therefore, all pools now existing or hereafter constructed, installed, established or maintained shall be completely enclosed by a permanent fence or wall enclosure of durable material not less than four feet in height but otherwise conforming to other applicable ordinances limiting fence height, and shall be constructed with no openings, meshed holes or gaps larger than four inches in dimension either in the fence or beneath it and should reasonably prevent any person from gaining access beneath any parts of the fence. If a picket fence is erected or maintained, the spaces between the pickets shall not be in excess of four inches. A dwelling or accessory building may be used as part of such enclosure. All fence openings or points of entry into the pool area enclosure shall be equipped with self-enclosing and self-latching devices placed at the top of the gate and made inaccessible to small children. Above-the-ground pools with straight sides four feet or more in height are excluded from the provisions of this section. Any access ladder or steps used with any of the above-ground type pools whether permanent or portable, shall be removed from the pools when not in use. Removal shall be defined as not capable of being used to enter the pool.
(5) 
The pool must be constructed of an impervious material which provides a watertight tank. Sand or dirt bottoms or sides are therefore prohibited.
(6) 
The grade of the area surrounding the pool or its construction shall not allow the flow of surface water into the pool.
(7) 
The water to be used for filling or makeup purposes shall be of drinking water quality and the pool shall not be filled from lakes or streams not meeting these standards. No cross connection between a pool and a public water supply is permitted.
(8) 
The pool must be equipped with a pressure gauge and filter, having a relief valve, a diatomaceous filter or an approved equivalent having sufficient capacity to provide complete recirculation of the pool water in eight hours or less.
(9) 
Adequate provision shall be made for the disposal of pool water when emptying same and for the disposal of backwash water. Effluent may be used upon or in lawns, fields, woods or dry wells provided such disposal areas are entirely on the property of the applicant. Water emptied into streams or lakes must be treated so as to have between one and six parts per million of chlorine. Where feasible, public storm drains may be used provided the applicant, after written application, receives written permission therefor from the Township Engineer.
(10) 
Piping and drains shall comply with the Township Plumbing Code. A fill pipe is not required and the pool may be filled with a hose. The fill pipe or hose must be a minimum of six inches above the trim of the pool. Prefabricated pools shall be assembled according to manufacturer's specifications.
(11) 
Electrical Requirements.
(i) 
No overhead current carrying electricity conductors shall cross pools or be located within 10 feet of such pool.
(ii) 
All metal fences, enclosures or railings near or adjacent to pools which might become electrically alive as a result of contact with broken overhead conductors or from any other cause shall be effectively grounded.
(iii) 
Lights used to illuminate any pool shall be so arranged and shaded as to reflect light away from the adjoining premises. No unshielded lights shall be permitted.
(iv) 
Underwater lights shall be prohibited unless they are 30 volts or less.
(v) 
All electrical equipment shall comply with the New Jersey Uniform Construction Code.
(d) 
Regulation of Use.
(1) 
No pool shall be maintained or used in such a manner as to violate the design or construction standards.
(2) 
The gate or gates in the fence or enclosure around the pool shall be kept securely locked at all times with a padlock or other lock and key when the pool is not in use.
(3) 
No commercial use of a pool is permitted.
(4) 
The entire volume of water shall be filtered and chemically treated by circulation through the filter system once each day during the swimming season.
(5) 
Approved disposal of water must be used in emptying pool or disposing of backwash water as provided by Subsection i1(c)(9).
(6) 
The police, Sanitarian and Construction Official shall be permitted to inspect the pool area at any time.
(7) 
Pool water shall be tested monthly during the swimming season for residual chlorine by the orthotolindine text and color comparator. Residual chlorine must be maintained between 2/10 and 6/10 parts per million during the period when the pool is in use. The pH of the pool water shall range from neutral 7.0 to slightly alkaline (not to exceed 7.6).
(e) 
Penalty. The provisions of Subsection 18-7.2 of this chapter shall be applicable to this Subsection i1.
2. 
Public Swimming Pools. This section shall not be deemed to apply to or include private swimming pools as defined in § 18-2.
(a) 
Adoption of Swimming Pool Code of New Jersey.
(1) 
The Swimming Pool Code of New Jersey (1970) is hereby incorporated in this subsection by reference and made a part hereof as fully as though it had been set forth at length herein.
(2) 
In accordance with law, 10 printed copies of the Swimming Pool Code of New Jersey (1970) have been placed on file in the office of the Township Clerk and in the office of the Sanitarian of the Township and shall remain on file in said offices for the use and examination of the public so long as this subsection shall remain in effect.
(3) 
The Swimming Pool Code of New Jersey (1970) shall mean and refer to that certain code approved by the State Department of Health, for adoption by reference by local boards of health in accordance with law, being a code:
(i) 
Regulating and controlling the location and construction, alteration and operation of swimming pools as therein defined;
(ii) 
Regulating and controlling the issuance of licenses to locate and construct, alter or operate swimming pools as therein defined; and
(iii) 
Declaring and defining certain swimming pools as nuisances.
(4) 
Whenever the following words, terms or phrases are used in the Swimming Pool Code of New Jersey (1970), they shall have the following meanings herein given:
BOARD OF HEALTH
Shall mean and refer to the Health Department of the Township.
REGISTERED MAIL
Shall include certified mail.
(b) 
Expiration of Permits and Licenses; License Renewals.
(1) 
Permits to locate and construct or alter a swimming pool shall expire nine months after issuance unless extended by the issuing authority for cause.
(2) 
Licenses issued for the operation of swimming pools shall expire on May 29 following the date of issuance.
(3) 
Applications for license renewals together with the required license fee shall be submitted prior to operation in each new license year.
(c) 
Denial or Suspension or Revocation of Permit or License.
(1) 
A permit or license required under this section may be denied or suspended or revoked by the Sanitarian or Construction Official for failure to comply with any provision of this section including the Swimming Pool Code of New Jersey (1970) incorporated herein by reference.
(2) 
The person whose license has been denied or suspended or revoked may take an appeal to the Township Council within 45 days of the denial or suspension or revocation.
(d) 
Penalty. The provisions of Subsection 18-7.2 of this chapter shall be applicable to this Subsection i2.
j. 
Fire Protection Systems.
[Amended 9-8-2020 by Ord. No. 2020-09]
1. 
All site plans shall provide a fire protection system meeting the following minimum requirements:
(a) 
All fire protection systems shall conform to all applicable standards of the National Fire Protection Association (NFPA), International Fire Code, American Water Works Association (AWWA), N.J.A.C. 7:10-1 through 7:10-11.3 (commonly known as the "Safe Drinking Water Act Regulations") and any revisions or amendments thereto.
(b) 
Total firefighting water supply shall be no less than 2,000 gallons per building.
(c) 
Water storage facilities for firefighting water shall be designed to automatically maintain the required capacity for fire protection purposes.
(d) 
Each fire hydrant shall be capable of supplying a minimum flow of 500 gallons per minute at no less than 20 p.s.i. residual system pressure at the highest elevation of the water system.
(e) 
All components of the fire protection system shall comply with the design standards as specified in Subsection 18-5.3k, Central Water Facilities where applicable.
2. 
All occupancies other than R-4 as defined by the International Building and Fire Code shall meet the following requirements:
(a) 
Minimum firefighting water supply requirements shall conform to NFPA 1142 Standard on Water Supplies for Suburban and Rural Fire Fighting.
(b) 
The maximum distance from an occupancy or structure to the firefighting water source shall not exceed 500 feet by way of a hard surfaced and maintained road or designated fire lane.
(c) 
If a drafting standpipe is used for firefighting purposes, then plans and specifications shall meet the approval of the Sparta Township Fire Prevention Bureau.
3. 
All site plans must be designed in accordance with the International Fire Apparatus Road requirements to allow for the access of emergency vehicles, including fire apparatus, ambulances and police cars. Fire lanes shall be provided for commercial and industrial type developments to provide access to fire protection facilities.
4. 
If a stream or pond exists on a property that requires a central water system, and the stream or pond can be developed into an adequate and reliable water supply, then a standpipe shall be constructed as a backup supply of water to the central water system for fire protection purposes.
5. 
Prior to final approval of any site plan which requires a firefighting water supply system, the Fire Prevention Bureau shall conduct or witness any and all tests necessary to ensure that the system meets the firefighting requirements of the Sparta Fire Department. The Fire Prevention Bureau shall then issue a letter to the Planning Board indicating that the system has been tested and is accepted by the Fire Prevention Bureau. This requirement is in addition to the tests and inspections conducted by the Township Engineer, Water Department, and inspections conducted by or other required agencies.
6. 
Existing occupancies other than use group R-4 shall be required to conform to the requirements of NFPA Standard 1142 whenever an application for site plan approval is submitted in order to provide the minimum water supply requirements for firefighting purposes for the entire site.
k. 
Central Water Facilities.
[Amended 9-8-2020 by Ord. No. 2020-09]
1. 
Any subdivision or site plan on property that is located within 2,000 feet of a central water facility shall provide all necessary central water facility systems to support itself after interconnecting with the existing approved central water facility.
2. 
Any multi-family development shall provide central water.
3. 
Any major subdivision or major site plan shall provide central water.
4. 
Any major subdivision that is not capable of being subdivided into 15 lots or more after applying the applicable zoning requirements and constraint calculations shall still provide all components of a central water system, except that the Planning Board may waive the requirement of a source of water and treatment facilities as recommended by the Township Engineer. If a source of water is waived by the Planning Board, each dwelling shall be serviced by an individual well until such time as the distribution system is interconnected with an approved central water system. At that time each dwelling owner shall be required to properly abandon his well and finalize his connection to the central water system. A deed restriction to this effect shall be placed on the final subdivision plat.
5. 
All central water facilities shall conform to N.J.A.C. 7:10-1 through 7:10-11.13, commonly known as the "Safe Drinking Water Act Regulations" and any revisions or amendments thereto, except where the standards contained herein exceed those contained in the "Safe Drinking Water Act Regulations," in which case the standards contained herein shall apply.
6. 
All construction of central water facilities shall comply with all applicable standards as set forth by the American Water Works Association (AWWA) as said standards apply to the various components of a central water facility.
7. 
All central water systems shall be designed to operate as a pump-storage type of system using gravity flow.
8. 
Wellhouse. The following information shall be required in addition to all the other requirements specified in the standards referenced hereinabove.
(a) 
Architectural plans of the proposed wellhouse shall be submitted, showing plan view, elevation views of all sides, typical sections, landscaping plan and a plot plan showing all site improvements to be installed to service the wellhouse, including but not limited to the following items:
(1) 
Driveway.
(2) 
Fencing.
(3) 
Lighting.
(4) 
Drainage.
The wellhouse shall be sized to provide at least three feet of clearance around the various components of the water system to permit ready access to the plant operators.
(b) 
A complete auxiliary generator system with interconnecting-wiring shall be provided for all central water facilities.
(c) 
Pressure gauges graduated in increments not higher than five p.s.i. shall be provided at appropriate locations in the wellhouse piping system.
(d) 
Sampling taps shall be provided for raw water samples and finished water samples in the wellhouse. There shall be at least 18 inches of clearance below these taps to permit the use of large sampling bottles.
(e) 
Floor drains in wellhouses shall be piped to an approved discharge.
(f) 
Well water level indicators shall be provided with indicator gauges that can be calibrated to read the water level in the well directly on the gauge. An air pump shall be supplied as part of the standard equipment in the wellhouse.
(g) 
A test sink shall be provided in the wellhouse to test for chlorine residual. The waterline serving this sink shall be tapped into the watermain and supplied with a separate curb stop and curb box. The tap shall be located a sufficient distance away from the point of chlorination to allow at least the minimum amount of contact time specified by the New Jersey Department of Environmental Protection. Calculations shall be submitted to support the proposed design.
(h) 
All central water systems shall be provided with the following materials and equipment in a storage cabinet furnished in the wellhouse.
(1) 
D.P.D. test kit with one year's supply of reagents to test for chlorine residual.
(2) 
Repair parts needed to service any treatment equipment or pumping equipment installed in the wellhouse.
(3) 
A pre-cut bypass pipe with the necessary fitting to permit the removal of the main meter in the wellhouse for servicing while keeping the water system operable at the same time.
(4) 
One year's supply of reagents used in the treatment processes performed in the wellhouse.
(5) 
A comprehensive manual containing manufacturers information on all components of the central water system, suppliers and service representatives, serial numbers and model numbers of all components and warranties.
(6) 
Two prints of an as-built map showing the layout of the central water system, complete with ties from permanent structures to every gate valve and curb box in the system.
(7) 
A gate valve wrench and curb box wrench large enough to operate every valve in the system.
(8) 
An industrial size first aid kit.
(i) 
Warning signs shall be posted on the exterior of the wellhouse indicating any dangerous chemicals or substances used in the wellhouse.
(j) 
All central water systems shall be provided with at least two wells, regardless of the number of users or average daily water demand on the system. The two wells shall be located at least 100 feet apart.
9. 
Storage Tanks. The following information shall be required in addition to all the other requirements specified in the standards referenced hereinabove.
(a) 
Storage tank(s) shall be sized to provide at least one and one-half days water requirements based on the average annual demand, plus the volume of water as required for fire protection.
(b) 
A method of corrosion control shall be provided for the storage tank(s).
(c) 
Level control in storage tank(s) shall be by float control method.
(d) 
Visible and audible alarm systems shall be installed in the central water system wellhouse to indicate low or highwater levels in the water storage tank(s).
(e) 
Manual methods of measuring the water level in any water storage tank(s) involved with the central water system shall be provided, along with an appropriate measuring device.
(f) 
Telemetry shall be provided from each well house and storage tank to the central station at Germany Flats.
10. 
Distribution Systems. The following information shall be required in addition to all the other requirements specified in the standards referenced above.
(a) 
All distribution lines shall be looped to eliminate dead-end waterlines in the water system. The distribution lines shall be extended to the main road(s) that the subdivision fronts on and constructed along the entire frontage on said main road(s) from outermost property line to outermost property line to permit future tie-ins. The distribution lines shall also be extended to the outside property lines of the subdivision in areas where future expansion is possible on adjacent property to promote additional looping of the distribution system. The size of said distribution lines shall be as recommended by the Township Engineer.
(b) 
A Hardy-Cross analysis of the proposed central water system shall be provided showing that the flow required for fire protection at a fire hydrant can be achieved without lowering the water pressure on the first floor of any dwelling units served by the water system to less than 20 p.s.i.
(c) 
Watermain pipe shall be ductile iron, Class 52 or higher, double cement lined. Bronze wedges supplied and approved by the watermain pipe manufacturer shall be installed in each joint to assure electrical conductivity. Watermain pipe shall be buried to provide at least 4.5 feet of suitable cover material over the top of the pipe. Concrete sand shall be placed around the watermain pipe to provide at least six inches of concrete sand below and above said pipe, and at least 12 inches on each side of said pipe.
(d) 
Watermain fittings, including but not limited to tees, wyes, bends, and offsets shall be mechanical joint type, and be provided with integrally cast lugs to accommodate reinforcing rods and other types of restraint devices. Each watermain fitting shall be provided with concrete thrust blocks poured against virgin earth. The size of each thrust block shall be sufficient enough to withstand at least twice the maximum thrust force that the fitting is ever expected to experience.
(e) 
Gate valves shall be provided on all legs of any tee, wye or cross-type fitting, on each fire hydrant lead, on each blowoff pipe, and at the terminus of any watermain that may be extended in the future. Each gate valve shall be double rodded back to the nearest fitting for restraint. Gate valves shall open by turning the operating nut in a counterclockwise direction when viewed from the top.
(f) 
Valve boxes of the slide type shall be provided on all gate valves. The internally cast lugs of the top section of the valve box shall not bear directly on the lower portion of the valve box or any extension. The top portion of the valve box shall be one-half inch below finished grade. The valve box cover shall have the word "water" integrally cast in it.
(g) 
In locations where vent pipes or blowoffs may discharge water, suitable protection must be provided to prevent erosion and/or discharge onto adjacent properties. Easements permitting the open discharge of water from the central water system through blowoffs must be provided.
(h) 
Each dwelling unit shall have its own individual service line, complete with individual corporation stop, curb stop, curb box, and meter. The curb box shall be located at least three feet from the face of the curb, but within the right-of-way of the roadway. The size of each service line shall be calculated to supply each dwelling unit with sufficient water at sufficient pressure to meet the requirements of the local building codes, but in no event shall the service line be less than three-fourths inch in diameter. The service line shall be constructed using type "K" copper water service tubing.
(i) 
The distribution system shall be subjected to a static pressure test(s) and dynamic flow test(s) prior to being accepted. Said tests shall be witnessed by the Township Engineer or his representative and a representative of the Fire Department.
11. 
General Provisions. The following information shall be required in addition to all the other requirements specified in the standards referenced hereinabove.
(a) 
All components of the central water system, including but not limited to wellhouses, gate valves, and storage tank covers shall be secured with commercial grade padlocks or door locks keyed alike. Panic bar hardware shall be provided on all doors.
(b) 
All components of the central water facility shall be designed to be compatible and standardize with equipment that presently exists in the water system being tied into, or other water supply facilities owned and operated by the Township of Sparta.
(c) 
A cost estimate for the construction of the central water facility shall be provided.
(d) 
The annual cost of operating and maintaining the central water system shall be calculated and submitted. The estimated quarterly charge to the users of the central water system shall also be calculated and submitted.
(e) 
A hydraulic profile of the water system shall be provided starting at the source of the water, through the wellhouse and distribution system to the user's tap.
l. 
Central Sewage Facilities. (Reserved)
m. 
Signs.
1. 
Purpose and Intent.
(a) 
The purpose of this subsection is to control the size, location and character of all exterior and on-premises signs so as to provide for attractive, coordinated and efficient signage in the Township. Also it is the intent of this chapter to promote signs which are 1) compatible with their surroundings, expressive of the identity of the individual proprietors and of community character; 2) orderly, readable and appropriate to the activity to which they pertain; and 3) nondistracting to motorists and do not constitute a traffic hazard.
2. 
Applicability of Regulations. The following regulations shall apply to all signs and outdoor advertising and shall be in addition to other regulations for specific uses elsewhere in this chapter.
3. 
General Provisions. The following general provisions are applicable to all zones and shall apply to all permitted and pre-existing nonconforming signs.
(a) 
Sign Permit Required. No sign, either permanent or temporary, shall be constructed or displayed unless a construction and/or sign permit shall have first been obtained from the Construction Official. Nonstructural maintenance and/or repairs do not require a permit.
(1) 
Exemptions.
(i) 
Customary warning, trespassing and posted signs, traffic directional signs, and safety signs.
(ii) 
Garage sale or similar activity, such signs are not to exceed one square foot and shall be removed within 48 hours after the event has taken place.
(iii) 
Railroad crossing.
(iv) 
Mailbox signs not exceeding two square feet.
(v) 
Temporary signs, including political signs.
(b) 
All signs shall relate to the premises upon which they are displayed or erected, unless otherwise stated. Advertising signs shall not be permitted in any zone district in the Township.
(c) 
Any signs not specifically permitted are hereby prohibited.
(d) 
Signs, whether portable, permanent or temporary, shall not be displayed or erected within the street right-of-way, nor shall any sign be located so as to interfere with traffic visibility or constitute a traffic hazard.
(e) 
The area of a sign shall be computed as the total square foot content upon which the lettering, illustration or display is presented. If there is no background, the sign area shall be computed as the product of the largest horizontal width and the largest vertical height of the lettering, illustration or display. No portion of the supporting members of any sign which is used solely for such purpose shall be included when computing the area of any sign. For a sign with two display faces, the maximum area requirement shall be permitted for each face. Signs with more than two display faces are prohibited.
(f) 
The use and display of spinners or similar objects and devices across, upon, over or along any premises or building, whether as a part of any sign or for advertising or public attraction or otherwise, is prohibited in any zone; provided, however, that this provision shall not apply to decorations customarily used for locally celebrated holiday displays or Township celebrations.
[Amended 10-22-2019 by Ord. No. 19-17]
(g) 
Permanent signs within the interior of the structure designed to be seen and read from the exterior such as those painted on glass windows or neon signs shall be considered as part of any maximum sign area.
(h) 
No flashing, moving or apparently moving signs shall be permitted.
(i) 
No sign as permitted shall extend or project above the highest elevation of the wall or parapet to which it is attached nor shall any sign be erected on or attached to the roof of a building. Signs attached to and parallel to the face of a wall shall not extend farther than six inches from the face of the building upon which it is attached.
(j) 
Illuminated signs shall be either indirectly lighted or of the diffused lighting type. No sign shall be lighted by means of flashing or intermittent illumination.
(k) 
The area surrounding freestanding signs shall be kept neat, clean and landscaped. The tenant, owner, or occupant to which the sign applies shall be responsible for maintaining the condition of the areas.
(l) 
All signs shall be kept in good repair, which shall include replacement or repair of broken structural elements, casings or faces and the maintenance of legibility. All lighting elements shall be kept working.
(m) 
If and when any sign is altered, moved or replaced, but not including minor and nonstructural maintenance and/or repairs, the so changed sign shall conform to all requirements of this chapter.
(n) 
Directional signs having areas of less than three square feet are exempt from area and location regulations but shall be shown on an approved site plan and further provided they do not constitute a hazard to the traveling public.
(o) 
Any location where business goods are no longer sold or produced or where services are no longer provided shall have 90 days to remove any remaining or derelict on-premises signs following notification by the Township and at the expense of the owner of such property. Where due written notification has been given by the Township and compliance has not been made within the required ninety-day period, the Township may cause removal of such signs and charge the cost of such removal to the owner.
(p) 
Whenever a sign becomes structurally unsafe or endangers the safety of the building or the public, the Construction Official shall order such sign to be made safe or removed. Such order shall be complied with within 10 days of the receipt thereof by the person, firm, or corporation owning or using the sign or the owner of the building or premises on which such unsafe sign is affixed or erected.
(q) 
Applicant shall also comply with all applicable County, State and Federal sign regulations.
(r) 
Each site plan shall include a sign plan showing the specific design, location, size, color, letter style, etc. for all signs to be utilized on the site. To the maximum extent possible the sign plan shall include details on any freestanding, affixed signs to the buildings, directional, directory signs and other assorted signs.
(s) 
Institutional Signs. Signs of schools, colleges, churches and other institutions of a similar public or semi-public nature may be erected and maintained provided that:
(1) 
The size of any freestanding sign shall not exceed 30 square feet and not more than one such sign is placed on a property, unless such property fronts upon more than one street, in which instance a sign may be erected on each frontage. Said sign shall be 20 feet from the street right-of-way line or any property line.
(2) 
Signs affixed to the facade of the structure shall be permitted, provided the sign shall not exceed 5% of the building facade.
(t) 
Signs for multi-use developments, shopping centers or industrial parks, planned residential developments, multi-tenanted structures of multi-structure uses shall be governed by the following regulations:
(1) 
Each such development shall submit a sign plan to the Planning Board or Zoning Board of Adjustment where applicable for approval. Such sign shall include details on:
(i) 
Letter style.
(ii) 
Lighting.
(iii) 
Color.
(iv) 
Construction and materials.
(v) 
Height of sign.
(vi) 
Height above grade or below roof line.
(vii) 
Locations.
(viii) 
Standards.
(2) 
The sign plan shall be based on an integrated design theme to include all of the elements mentioned in Subsections m3(t)(1)(i) — (viii). All of the above elements shall be designed to be in harmony and consistent with each other, the architecture and materials of the principal structures and the landscaping plan. Replacement of signs approved as part of an overall sign plan, shall be consistent in details with the approved sign plan. Additionally, it is the intent of this subsection to encourage the use of one or more directory signs, located within the interior of the site, listing the names and location of specific tenants and to have a sole freestanding identification sign for the site located near the roadway. The use of the freestanding sign near the roadway should not be used to list individual tenants located within the building(s) or complex but instead should serve as a site identification sign.
Directory signs, located within the interior of a site and approved by the Planning Board or Zoning Board of Adjustment as part of any site plan approval, shall not be considered additional freestanding signs. The Planning Board or Zoning Board of Adjustment where appropriate, in its sole discretion, shall determine if a proposed sign plan meets the goals and objectives of this subsection.
(3) 
The total area of all signs affixed to a structure shall not exceed 5% of the building facade of the structure. The Planning Board may permit a total sign area of up to 7% if, in the Planning Board's judgment, such additional area shall assist in developing a harmonious and integrated sign plan in accordance with the goals and objectives of this subsection.
(u) 
Automotive service stations and public garages may display the following signs:
(1) 
One freestanding or pylon sign advertising the name of the station or garage or the principal products sold on the premises, including any special company or brand name, insignia or emblem, provided that this one sign shall not exceed 24 square feet in area on a side and shall be hung or supported not more than 18 feet above the ground and shall be at least five feet from any property line. A pricing sign may be included as part of this freestanding or pylon sign.
(2) 
Directional signs or lettering displayed or individual entrance doors or bays, consisting only of words "washing," "lubrication," repair," "mechanic on duty," or other words closely similar in import provided that there shall be no more than one such sign over each entrance or bay, that the letters thereof shall not exceed 12 inches in height, and that such letters shall be limited to a single line which does not exceed 12 feet in total length.
(3) 
Customary lettering or other insignia which are a structural part of a gasoline pump and canopy consisting of the brand name of gasoline sold, lead warning sign, a price indicator, and any other sign required by law, and not exceeding a total of three square feet on each pump and if illuminated, such signs shall be nonflashing and shall not in any manner constitute a traffic hazard with respect to adjacent streets or intersections.
(4) 
One nonilluminated credit card sign not exceeding two square feet in area on each side.
(5) 
Signs or insignias incorporated into the side of an overhead canopy shall not exceed 10% of the area of the canopy side on which it is displayed.
4. 
Permitted Signs in Residential Zones.
(a) 
Nameplate and identification signs provided that the sign shall be no larger than two square feet. A permitted home occupation may be included as part of said sign. If such a sign is illuminated, the direct source of light shall be shielded in such a manner that it is not visible from the street or any adjoining residential property.
(b) 
Nonilluminated for sale/for lease/for rent signs. One such sign not exceeding six square feet shall be permitted upon the premises upon which it is placed. These signs must be promptly removed upon sale or lease of property.
5. 
Permitted Signs in the C-1 Zone.
(a) 
A business establishment may display one or more signs relating to its business. The total area for all signs affixed to the building face fronting on the street shall not exceed 5% of the area of said face. No individual sign shall exceed 24 square feet. The maximum height of any sign shall not exceed 10% of the wall height or two feet, whichever is less. The maximum width of any sign shall not exceed 50% of the width of the wall to which it is attached or 12 feet, whichever is less.
(b) 
One freestanding sign per lot may be permitted provided the area of the sign shall not exceed 12 square feet in area. The maximum height of any permitted freestanding sign shall not exceed eight feet and such sign shall be at least five feet from any property line.
(c) 
Overhanging signs, that is a sign attached to and perpendicular to the building are prohibited if larger than six square feet per face. Time and temperature signs are permissible subject to the limitations set forth in the general provisions of this subsection.
(d) 
Traffic direction signs.
(e) 
For Sale/For Lease/For Rent Signs. One such sign to be placed on the property is permissible provided that it does not exceed eight square feet and a sign permit is obtained.
(f) 
A temporary permit can be obtained to allow for special signs advertising the opening of a business or commercial enterprise, subject to the following conditions:
(1) 
Such signs are located on the same property as the business.
(2) 
Such signs shall be located so as to not interfere with traffic visibility or traffic safety.
(3) 
Such signs shall not include any flashing, rotating, intermittent or rotating illumination.
[Amended 10-22-2019 by Ord. No. 19-17]
(4) 
Except in number and size, such signs shall conform to all other requirements for signs in the zone.
(5) 
Such signs shall be maintained in an orderly manner at all times.
(6) 
Such signs shall be removed immediately upon expiration of permit.
6. 
Permissible Signs in the C-2 Zone. Either one freestanding or one wall mounted sign advertising the name of the building and names of tenants or services provided within said buildings shall be permitted provided:
(a) 
The maximum area of any sign shall not exceed 12 square feet per face or side. In cases of corner lots one sign, either freestanding or wall mounted, may be permitted along both frontages.
(b) 
The maximum height of any permitted freestanding sign shall not exceed eight feet and such signs shall be at least 10 feet from any property line. The maximum area of a freestanding sign shall not exceed 12 square feet.
(c) 
For Sale/For Lease/For Rent Signs. One such sign to be placed on the property is permissible provided that it does not exceed eight square feet and a sign permit is obtained.
7. 
Permissible Signs in the C1-H, C2-H and the R-4 Zones.
(a) 
To coincide with the historic preservation goals of the Cl-H, C2-H, and R-4 Zones, signs shall be constructed, to the maximum extent feasible, of natural materials, i.e., wood, stone, etc. and the design shall be consistent with the architecture of the building situated on, or contemplated for, the premises. The design, i.e., colors, shape, lettering, and materials shall be coordinated with the architectural theme of the building.
Internally lit signs are discouraged in the historic zones. Indirect lighting is recommended, with the source of light concentrated upon the sign face in such a manner as to prevent glare upon the street or adjacent property. No sign shall be erected, relocated or maintained in such a manner as to cover or intrude upon any architectural features of buildings such as windows, columns, molding, or any major decoration or architectural feature.
(b) 
One freestanding sign may be permitted provided the area of the sign shall not exceed 12 square feet in area. The maximum height of any permitted freestanding sign shall not exceed eight feet and such sign shall be at least five feet from any property line.
(c) 
For Sale/For Lease/For Rent Signs. One such sign to be placed on the property is permissible provided that it does not exceed eight square feet and a sign permit is obtained.
8. 
Permissible Signs in the ED and ED-1 Zones.
(a) 
One freestanding sign may be permitted provided that the area of the sign shall not exceed 48 square feet. Signs erected back to back (double-faced) are permitted. The freestanding sign shall be set back at least 25 feet from the street right-of-way line and shall not be in excess of 16 feet in height.
(b) 
The maximum area of all signs on a lot shall not exceed 100 square feet.
(c) 
Signs attached to a building are permitted provided the size of any sign shall not exceed 3% of the area on which the sign is located. The height of said sign shall not exceed two feet and the length shall not exceed 25 feet.
(d) 
In conjunction with Subsection m3(t), as a part of any subdivision in the ED and ED-1 Zones, an overall sign plan shall be submitted for the entire development, as well as for individual lots where practical. This plan shall include details on directory sign(s), directional sign(s), address signs and individual tenant signs. There shall be a consistent design theme throughout the development.
(e) 
For Sale/For Lease/For Rent Signs. One such sign to be placed on the property is permissible provided that it does not exceed 32 square feet and a sign permit is obtained.
9. 
Permitted Temporary Signs.
(a) 
Signs advertising major subdivisions. Developments with four or more homes for sale or industrial properties may be advertised on a temporary sign not to exceed 32 square feet. If the development fronts on more than one street, one such sign shall be permitted along each frontage. All development signs shall be removed when 95% of the lots have been sold.
(b) 
For Sale/For lease signs on individual lots within a subdivision must comply with the maximum size restrictions for those type signs in the particular zone district in which they are located.
10. 
Temporary Signs.
(a) 
Temporary signs are prohibited in all districts, except that the owner or owners of premises may post, display or erect a maximum of three temporary signs on their premises, subject to the following conditions:
(1) 
Temporary signs shall not exceed 12 square feet in area, which area shall be calculated pursuant to Subsection 18-5.3m3(e).
(2) 
Temporary signs shall not be posted, displayed or erected prior to 40 days of the date of the related event, occasion or election and must be removed within seven days after the event, occasion or election related to the sign.
(3) 
Temporary signs are subject to all other general provisions set forth in Subsection 18-5.3m3, and no temporary sign shall be displayed within 10 feet of any intersection.
n. 
Fences and Walls. Fences and walls above grade shall be subject to the following limitations:
1. 
No fence shall be erected within 25 feet of a street centerline nor within five feet of a street right-of-way line.
2. 
Fences erected in a front yard shall not exceed four feet in height and shall not be more than 50% solid.
3. 
All fences must have finished side facing out from property.
4. 
Electrified fences shall be permitted in all residential zones in the side and rear yard only under the following conditions. The electric fence must be placed five feet from any property boundary. A traditional fence must be placed along the property line in front of the electric fence. Permitted agricultural uses in the RR, RC-1, RC-2 and commercial zones are exempt from this standard.
5. 
No walls shall be located in the proposed right-of-way of a public or private road. No walls shall be higher than four feet in height.
6. 
Fences erected in the side or rear yards shall not exceed six feet in height along or in combination with a wall except for commercial or economic development property where maximum height shall be 10 feet. In addition, fences erected in the rear yard of lake front properties shall conform to the requirements of Subsection 2 for front yard fences.
7. 
The foregoing limitations shall not apply to fences used in connection with agricultural uses provided the same do not obstruct vision for purposes of traffic safety, nor shall said limitations apply to fences or walls required by the Planning Board in connection with site plan approval.
8. 
A building permit shall be required to construct bulkheads or any wall 3.5 feet high or higher. Walls shall not exceed eight feet in height. Walls shall be separated by a distance of at least 1 1/2 times the wall height of the wall with the greatest vertical height. Timber walls shall not exceed 3 1/2 feet in height.
9. 
Retaining walls shall not be erected within 25 feet of a street centerline nor within five feet of a street right-of-way line, side or rear property lines. A retaining wall constructed at the required minimum setback shall not exceed 3.5 feet in height. The height of retaining walls constructed beyond the minimum required setback shall not exceed 2/3 of the distance from the wall to the property line. These requirements may be waived in instances where repair or construction of new walls may be required for replacement and/or alteration of a failing septic system or similar such circumstance where the public safety and welfare would be imperiled.
10. 
Railroad tie retaining walls may be constructed to a maximum height of eight ties above grade. If a railroad tie retaining wall exceeds eight ties, the wall shall be designed as a closed face timber crib retaining wall with a maximum height of 12 feet. Walls in excess of eight ties high or bulkheads shall be designed by a professional engineer or architect.
11. 
Railroad tie retaining walls and timber crib retaining walls shall be constructed in accordance with Section 1310, Retaining Walls and Section 1315, Protection Against Decay and Termites of the BOCA Code. The ties shall be in accordance with the American Wood Preserver Bureau Standards as referenced in Appendix "A" of the BOCA Code.
12. 
Railroad tie retaining walls shall conform to the following minimum requirements.
(a) 
Tiebacks shall be a minimum length of seven feet and shall be provided with four-foot minimum length dead mean.
(b) 
Tiebacks shall be installed on alternate courses at 16 feet on center and shall be offset horizontally eight feet from the tieback below.
(c) 
The face of the wall shall have a minimum batter of two inches per foot.
(d) 
The bottom course of the tie wall shall be set in an eight inch sand bed and shall be pinned to firm ground with 2 1/2 inch diameter steel rods per bottom tie. The rods shall have a minimum length of 30 inches. The top of the bottom course tie shall be set at the finished grade at the bottom of the wall.
(e) 
All ties shall be spiked with four drift pins per tie and shall be of sufficient length to penetrate two members and four inches into the third member.
(f) 
All cuts or bored holes shall be swabbed with two coats of the same preservative used to treat the timber.
(g) 
Crib wall fill shall be clean stone or porous fill. The backfill above the wall may not exceed a slope of 2:1 and should not exceed the height of the wall or adjacent crib. Walls shall be positively drained by providing sufficient underdrain installation. Surface drainage shall not be permitted to flow directly against the face of the wall.
o. 
Landscaping.
1. 
Design Standards for Landscaping. The following standards shall apply to the installation and maintenance of all landscaping, screening and barriers required by provisions of this section.
(a) 
Landscaping plan at a scale of one inch equals 20 feet shall be submitted as part of site plan. The landscaping plan shall be drawn to scale, including dimensions and distances, and clearly delineate all existing and proposed structures, walkways, parking spaces or other vehicle areas, access aisles, driveways, and the location, size, common name, botanical name of all landscaping materials.
(b) 
Generally, planting required by this subsection should be an irregular line and spaced at random.
(c) 
Existing vegetation which is suitable for use in compliance with the requirements of this subsection to provide planting and screening may and should be used as required planting.
(d) 
A percent of the site equal to a minimum of 30% of all impervious surfaces shall be dedicated to plant mass areas.
(e) 
All specimen trees with sixteen-inch diameter or greater (measured 4 1/2 inches above ground) shall be preserved to the greatest extent possible.
2. 
Interior Parking Lot Landscaping.
(a) 
Any parking lot of 20 or more spaces shall be provided with interior landscaping covering not less than 5% of the total area of the parking lot. Such planting shall be in addition to foundation planting or landscaping within six feet of a building, planting or landscaping required as peripheral planting and transitional screening as may be required.
(b) 
The primary landscaping materials used in interior parking lot landscaped areas shall be deciduous shade trees suitable for a parking lot environment. Shrubs and other live planting material shall be used to complement the tree landscaping but shall not be the sole contribution to the landscaping.
(c) 
The landscaping shall be dispersed throughout the parking lot.
3. 
Peripheral Parking Lot Landscaping. All parking lots shall be provided with peripheral parking lot landscaping. In areas of the property where transitional screening is required the peripheral parking lot landscaping is not required. Peripheral parking lot landscaping shall be required as follows:
(a) 
Where the property line abuts land not in the right-of-way of a street:
A landscaping strip at least five feet in width shall be located between the parking lot and the abutting property lines, except where driveways or other openings may necessitate other treatment. For each 100 lineal feet of curbline, the landscaping strip shall consist of a mixture of shrubbery and trees generally consisting of not less than the following:
(1) 
Eight low shrubbery (three feet maximum growth height).
(2) 
Twelve medium shrubbery (seven-foot maximum growth height).
(3) 
Four large shrubbery (twelve-foot maximum growth height).
(4) 
Two trees (maximum growth height over 12 feet).
(5) 
No greater than 50% of the plant material may be deciduous varieties.
(6) 
Spacing of shrubbery and trees shall be designed to fill within three years.
(7) 
Shrubbery planted in sight triangles shall have no greater than eighteen-inch maximum growth height.
(8) 
At least one deciduous tree for each 50 feet shall be planted in the landscaping strip; however, this shall not be construed as requiring the planting of the trees on 50 centers.
(b) 
Where the property line abuts the right-of-way of a street: A landscaping strip 10 feet in width shall be provided for any parking areas in the front yard. The landscaping strip shall not include the sidewalk area. The landscaping strip shall be planted as outlined in Subsection o1 except that there shall be at least one deciduous tree for each 40 feet of frontage and the number of shrubs required shall be doubled for each 100 feet of frontage.
4. 
Transitional Screening.
(a) 
Transitional screening shall be provided at the outer boundary of any proposed C-1 Commercial, E-D Industrial, multifamily or conditional use which adjoins or is across the street from lands zoned for residential use.
(b) 
Transitional screening area shall consist of an unbroken strip of open space a minimum of 25 feet wide. There shall be one large deciduous tree with an ultimate height of 50 feet or greater for every 15 linear feet of strip plus one medium evergreen tree with an ultimate height of 20 feet to 40 feet for every five linear feet of strip and one medium evergreen shrub with an ultimate height of 12 feet or less for every linear foot of strip.
(c) 
In certain circumstances of topography or to alleviate certain specific problems such as the blocking of glare, muting of noise etc., the Board may require use of earth berms, masonry walls, wood fences, or dense evergreen hedges to enhance the transitional screening.
5. 
Transitional Screening Waivers and Modifications.
(a) 
Transitional screening barriers may be waived or modified by the Board in any of the following circumstances. The Board may attach conditions to any waiver or modification which would assure that the results of the waiver or modification would be in accordance with the purpose and intent of this section.
(1) 
Transitional screening and barriers may not be required between uses that are to be developed under a common development plan or series of development plans within a common site plan.
(2) 
Where the strict provisions of this section would reduce the usable area of a lot due to lot configuration or size to a point which would preclude a reasonable use of the lot, transitional screening and/or barriers may be waived or modified by the Board where the side of a building, a barrier and/or the land between that building and the property line has been specifically designed to minimize adverse impact through a combination of architectural and landscaping techniques.
(3) 
Transitional screening and barriers may be waived or modified where the adjoining land is designated in the adopted comprehensive plan for use which would not require the provision of transitional screening between the land under site plan and the adjoining property.
(4) 
Transitional screening and barriers may be waived or modified where the adjacent property is zoned to allow a use similar to that of the parcel under site plan.
(5) 
Transitional screening and barriers may be waived or modified where the adjoining property is used for any public purpose other than a school or hospital.
(6) 
The Board may waive or modify the barrier requirements where the topography of the lot providing the transitional screening and the lot being protected is such that a barrier would not be effective.
6. 
Maintenance.
(a) 
The owner, or his agent, shall be responsible for the maintenance, repair and replacement of all landscaping materials and barriers as may be required by the provisions of this section.
(b) 
All plant material shall be tended and maintained in a healthy growing condition, replaced when necessary and kept free of refuse and debris.
(c) 
Fences and walls shall be maintained in good repair.
p. 
Cut and Fill. All subdivisions and site plans shall maintain at least a 2:1 grade in area where slope disturbance is proposed and in areas where yards are proposed, a maximum of 3:1.
q. 
Two Septic System Disposal Areas, Percolation Tests and Soil Logs. The following standards shall be applied by the Planning Board for the creation of new building lots or the approval of new structures through site plans or subdivisions.
For all new lots, two septic system disposal areas are required, both of which shall meet applicable requirements. Only one disposal area needs to be constructed initially, the other shall be available if a repair or expansion of the system is necessary. One percolation test and one soil log is required for each individual disposal area and they shall be witnessed by a representative of the Health Department. An additional soil log shall be conducted within each disposal area prior to the issuance of a septic system permit.
r. 
Setbacks of Structures and Improvements from Lakes and Waterways. Any building structure or improvements shall be set back from any lake, pond, river, stream or waterway by the following minimum distances:
1. 
Setbacks to lakes or ponds of a size of one acre or greater. All structures and improvements, including roadways and parking area shall be set back a minimum of 100 feet from the ordinary high water mark of any lakes or ponds.
2. 
Setbacks to ponds of a size of less than one acre, rivers, streams, and waterways. All structures or improvements, including roadways and parking areas shall be set back 75 feet from the ordinary high water mark of any rivers, streams and waterways.
However, in the case of ponds, rivers, streams or waterways providing a habitat for endangered species as identified by the State of New Jersey or the United States of America, the minimum setback shall be 100 feet.
These minimum setback areas shall not be disturbed, regraded or constructed upon and to the extent reasonably practical these areas shall be maintained in open space and natural vegetation. These setback areas may include the rear, front or side yards of permitted residential, commercial or industrial uses but shall not include any septic systems. These minimum setback requirements shall apply regardless of any additional or more restrictive requirements of other governmental agencies. In the event of more restrictive requirements by other governmental agencies, the more restrictive requirements shall apply. In the event of less restrictive requirements by other governmental agencies, then these minimum setbacks shall apply.
s. 
Building Design and Layout.
1. 
The design and layout of buildings and parking areas shall be presented to the reviewing board by means of preliminary architectural renderings, sketches and/or photographs of the existing buildings and sketches of the proposed changes.
2. 
The design and layout of buildings and parking areas for commercial uses shall be reviewed so as to provide an exterior architectural design and a proposed plan for the structure, which when constructed, will not be so different from those structures already constructed or in the course of construction in the immediate neighborhood as to cause substantial depreciation of the property values of said neighborhood. Particular attention shall be given to safety and fire protection; handicapped access; impact on surrounding development and contiguous and adjacent buildings and lands; and environmental and ecological considerations.
3. 
Applicants for commercial site plan approval or waivers shall submit to the Board preliminary architectural plans, sketches or handwritten drawings of the proposed elevations of the building and photographs of the existing facades. The applicant shall provide to the Board copies of brochures or samples of the materials to be utilized in the proposed changes to the facade and alternatives that the applicant is considering. The applicant shall present to the reviewing board the proposed colors and material sections and any options that the applicant would consider.