For the purpose of this chapter, the Township of Union is hereby divided into the following zone districts with additional overlays and redevelopment areas:

The following Redevelopment Plans have been adopted by the Township of Union. Specific zoning requirements can be found within each, available from the Township.

Portions of the foregoing zone districts are further included in flood hazard area zones, which are defined and regulated in Article 18.

Purpose. The purpose of this section is to permit single-family detached housing, to advance opportunities for light, air, and open space in residential zones of Union Township.

Use standards. Refer to the Schedule of Limitations (Attachment 4) for use standards.

Area, yard and bulk standards. Refer to Schedule of Zoning Requirements (Attachment 5) for area, yard and bulk standards.

Purpose. The purpose of this section is to permit two-family housing, to meet the wide range of housing needs and desires for Union residents.

Use standards. Refer to the Schedule of Limitations (Attachment 4) for use standards.

Area, yard and bulk standards. Refer to Schedule of Zoning Requirements (Attachment 5) for area, yard and bulk standards.

Purpose. The purpose of this section is to permit multifamily housing in select areas of Union Township.

Use standards. Refer to the Schedule of Limitations (Attachment 4) for use standards.

Area, yard and bulk standards. Refer to Schedule of Zoning Requirements (Attachment 5) for area, yard and bulk standards.

Dwelling unit requirements.

Accessory buildings.

Off-street parking and internal roadways. Off-street parking and internal roadways shall conform to the provisions of Article 13 and Article 26.

Purpose. The purpose of this section is to permit housing for senior citizens of low and moderate incomes. This section is adopted to facilitate development of senior citizens' housing consistent with the declaration of policy set forth in N.J.S.A. 55:14K-1 et seq., known as the "New Jersey Housing and Mortgage Finance Agency Law of 1983." For purposes of this chapter, a "senior citizen" shall be a person 62 years of age or older. Except for the spouse of a senior citizen tenant or a person whose presence is essential to the physical care of the senior citizen tenant, only senior citizens shall occupy such housing.

Use standards.

Area, yard and bulk standards.

Dwelling unit requirements.

Accessory buildings.

Off-street parking and internal roadways. Off-street parking and internal roadways shall conform to the provisions of Article 13 and Article 26.

Landscaping.

Occupancy.

Purpose. The purpose of this section is to permit townhomes in select areas of Union Township to meet the housing needs and desires of all residents.

Use standards. Refer to the Schedule of Limitations (Attachment 4) for use standards.

Area, yard and bulk standards. Refer to Schedule of Zoning Requirements (Attachment 5) for area, yard and bulk standards.

Dwelling unit requirements.

Accessory buildings.

Off-street parking and internal roadways.

Administration.

Purpose.

All development is subject to compliance with Chapter 190 of this Code.

Use standards for all AH Zones. Refer to the Schedule of Limitations (Attachment 4) for use standards.

AH-1 area, yard and bulk standards.

AH-2 area, yard and bulk standards.

AH-3 area, yard and bulk standards.

AH-1 parking.

AH-2 parking.

AH-3 parking.

AH Zones architecture.

Recreational/social amenities. Developments shall be required to include both interior and exterior common areas devoted to recreational, social and similar functions for residents and their guests, as follows:

Performance standards for all AH Zones.

Affordable housing in all AH Zones. All residential development shall be required to include affordable housing as a component. The following requirements shall apply:

Purpose. The purpose of this section is to create a zoning district which maintains Union Center as a viable business area.

Mixed-use development within the DC Zone. Mixed-use development consisting of a combination of residential and nonresidential uses shall be permitted in the DC Zone, and shall be governed by the bulk and yard requirements of the DC Zone. Mixed-use development within the DC Zone shall also be subject to the following provisions.

Purpose. The purpose of this section is to create a zoning district that provides an appropriate transition between the development patterns present in the DC and NC Zones.

Design standards. The design of retail sale, commercial and service uses shall comply, as closely as possible, with a style that complements the improvements initiated by the Township and the Special Improvement District.

Purpose. The purpose of this section is to permit the high-density development of land uses along the Morris Avenue and Green Lane corridors that are complementary to Union Station and the needs of Kean University students and staff. Uses are to be compatible with passenger rail service requirements, to encourage the use of existing passenger rail facilities, and to complement the adjacent Kean University campus complex facilities.

Use standards.

Area, yard and bulk standards. Refer to Schedule of Zoning Requirements (Attachment 5) for area, yard and bulk standards. In addition:

Off-street parking and internal roadways.

Purpose. The purpose of this article is to permit large-scale commercial uses along the highway corridors of Union Township. These businesses are auto-dependent and typically serve the region.

Use standards.

Area, yard and bulk standards. Refer to the Schedule of Zoning Requirements (Attachment 5) for area, yard and bulk standards.

Off-street parking and internal roadways.

Purpose. The purpose of this section is to permit a mix of retail and service uses along the neighborhood corridors of Union Township. Although proximate to residential neighborhoods, these businesses serve clientele from throughout the community but not regionally.

Use standards.

Area, yard and bulk standards. Refer to the Schedule of Zoning Requirements (Attachment 3) for area, yard and bulk standards.

Off-street parking and internal roadways.

Buffers.

Administration.

Purpose. The purpose of this section is to permit large lots and buildings for the operations of industrial, office, warehousing, distribution, manufacturing, and similar businesses that generate considerable vehicle traffic, require large indoor spaces, and/or produce otherwise undesirable externalities.

Use standards.

Area, yard and bulk standards. Refer to the Schedule of Zoning Requirements (Attachment 5) for area, yard and bulk standards.

Parking and interior roadways.

Performance standards.

Purpose. The purpose of the planned development option is to provide for the reuse of underutilized industrially zoned lands while protecting adjacent areas. The provisions and regulations set forth herein provide for commercial development, in accordance with an alternative zone plan to be approved by the Planning Board.

Standards for type, density or intensity of use.

Deviations within planned developments. Within a planned development, areas may be delineated and classified for development on the land use map in accordance with the following standards:

Approval process. The Planning Board is authorized to approve planned developments in order to promote flexibility in the arrangement of land uses in accordance with this article and pursuant to the provisions of N.J.S.A. 40:55D-39 and to grant approvals to general development plans consistent with the provisions of N.J.S.A. 40:55D-45.

Alternatives to conventional development. As an alternative to conventional development, the Planning Board may authorize planned developments for areas designated PD in accordance with plans and proposals which conform to the requirements of this section. The standards herein establish the limits of discretionary action which may be taken by the approving authority administering these provisions. No deviation from these standards may be granted pursuant to N.J.S.A. 40:55D-70.

Purpose. The purpose of this article is to provide open space, athletic facilities, and parkland for the residents of Union Township.

Use standards.

Area, yard and bulk standards.

Accessory uses.

Off-street parking and internal roadways. Off-street parking and internal roadways shall conform to the provisions of Article 13 and Article 26.

Purpose. The purpose of this article is to provide places for internment.

Use standards.

Area, yard and bulk standards.

Off-street parking. Off-street parking shall conform to the provisions of Article 13 and Article 26.

Purpose. The purpose of this district is to permit the development of multifamily residential and professional office uses in close proximity to Union Station and Kean University to encourage land use compatibility, provide the opportunity for the development of supportive land uses around Union Station and to address the Township's affordable housing unmet need obligation. The MUOD District promotes affordable residential development opportunities in close proximity to the train station or other mixed-use areas along Morris Avenue.

Location; requirements.

Area bulk and dimensional regulations. Refer to Schedule of Zoning Requirements (Attachment 5) for area, yard and bulk standards.

Purpose. To address its affordable housing unmet need obligation, the Township shall implement an Inclusionary Overlay Zone Ordinance that creates a realistic opportunity for housing in the Township that is affordable to low- and moderate-income households. This article establishes the Inclusionary Overlay Residential Zone and permits the creation of multifamily housing within certain areas, provided that such housing complies with a required inclusionary set-aside requirement and with the requirements of this article.

Location. The Inclusionary Overlay Residential District consists of the following tax parcels: Block 5711, Lot 1, and Block 3303, Lot 8.

Design standards.

Performance standards.

Area bulk and dimensional regulations. The bulk standards of the underlying zones shall be superseded by the following standards for any new multifamily development, provided that it conforms to the inclusionary set-aside standards of this article, as follows:

Whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of said lots may have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law, and one or more of said individual lots should, by reason of exceptional shallowness, topographical conditions, substandard area or yard space or similar measurements, not conform with the minimum lot area and dimension requirements for the zone in which it is located, the contiguous lots of said owner shall be considered as a single lot.

Whenever the owner of a lot existing at the time of adoption of this chapter has dedicated or conveyed land to the Township in order to meet the minimum street width requirement of the Official Map or Master Plan of the Township, the Construction Code Official and Secretary of the Board of Adjustment shall issue building and occupancy permits for the lot whose depth and/or areas are rendered substandard in area only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.

Any existing lot on which a building or structure is located and which lot does not meet the minimum lot size, or a structure which violates any yard requirements, may have additions to the principal building and/or construction of an accessory building without an appeal for variance relief, provided that:

Any vacant lot existing at the effective date of adoption of this chapter, whose area or dimensions do not meet the requirements of the district in which the lot is located, may have a building permit issued by the Construction Code Official for a detached dwelling and its permitted accessory uses without an appeal for variance relief, provided that:

Flea markets.

The storage, use or manufacture of liquefied petroleum gases, hydrogen gas or other material whether in liquid or gaseous phase, which is flammable or explosive when mixed with air in sufficient proportions or which may be toxic or poisonous if inhaled by any person, except for such storage, use or manufacture by a public utility regulated by the Bureau of Public Utilities or for the installation of a natural gas fueling station (CNG) when such installation is located in a industrial zone district and complies with all national, state and local safety regulations and is used to comply with the requirements of the Clean Air Act Amendment (CAAA) of 1990 and the Energy Policy Act of 1992 (EPACT) by providing an alternative fuel to vehicles owned or leased by the owner or lessee of the real property where said fueling station is located; provided, however, that nothing in this subsection shall be deemed to prohibit the use as fuel for domestic purposes of liquefied petroleum gases when stored in cylinders constructed in accordance with regulations of the Interstate Commerce Commission and located on the exterior of the building supplied; and provided, further, that the systems in connection with said cylinders are listed by the Underwriters Laboratories, Inc. The existing storage and use of anhydrous ammonia as of the effective date of this chapter shall be and the same is authorized to continue.

Towing business, whether the principal or ancillary use, and the outdoor parking or storage of tow trucks or flatbed car hauling trucks in any zone district except that in gas stations one tow truck is allowed to be used to service the station's customers and not to be used as a towing business.

Methadone clinics.

Unless otherwise permitted in the zoning standards of a particular zone district, only one principal building may be erected on a lot, except for related buildings forming one principal use and limited to the following:

Unless otherwise permitted by regulations in this chapter, no building shall be located closer to another building on the same lot than the height of the taller building, but in no event less than 15 feet.

Structural alterations shall be permitted to accommodate the needs of individuals with disabilities which do not conform to the requirements of this code, provided that a deed restriction is recorded preventing the transfer of title until such altered structures are restored or made to conform. Exterior structures shall be limited to open structures and may vary from requirements only to the minimum degree necessary.

Accessory structures in residential districts.

Accessory structures in nonresidential districts.

Excepting height limitations, the provisions of Subsections A and B above shall not apply to the following:

No open space provided around any principal building for the purposes of complying with the front, side, rear or other yard provisions of this chapter shall be considered as providing the yard provisions for another principal building.

Required yards. Every lot must provide front, side and rear yards as required for its zone. All front yards must face upon a dedicated public street or private street approved by the Township Committee.

Front yards on streets less than 50 feet wide. On streets less than 50 feet in width, the depth of the required front yard shall be increased by 1/2 the difference between the width of the street and 50 feet.

Yards for corner lots. A structure erected on a corner lot shall meet the front yard requirement along the narrower frontage of the lot, and the minimum rear yard requirement shall be met in the yard lying opposite the narrower frontage of the lot.

Traffic visibility on corner lots. On a corner lot, a fence structure or planting over 30 inches in height above the curb or edge of the roadway shall not be erected or maintained closer than 25 feet to the intersecting street right-of-way lines.

Projections into required yards. Notwithstanding any other provision of this chapter, the following may project into any front, side or rear yard required in the various zones: uncovered steps leading to the first floor of a building; chimneys; and portions of a building, including but not limited to eaves, bay windows, oriels, balconies, overhangs and coverings over steps, provided that no such portion of a building shall project more than 18 inches into any required front, side or rear yards or exceed eight feet in width.

In all zones, all free ground area in front, rear and side yards shall be suitably graded and stabilized with appropriate ground cover, such as a grass lawn, pachysandra, ivy and spreading evergreen, supported by at least four inches of topsoil, as approved by the Township Engineer. Mulch, stone and similar ground cover may be used only as secondary accent material. Paver blocks shall likewise not be used as primary ground cover, but may be used for walkways and accent purposes. Stone, gravel and mulch must be prevented from spreading beyond the areas they are intended to cover. All primary ground cover shall consist of material vegetation.

Buffers required for Commercial/Industrial CI Districts.

Buffers required for Planned Development Option Commercial/Industrial CI Districts.

The height provisions of this chapter shall not apply to the erection of church steeples, spires, belfries, cupolas and towers designed exclusively for ornamental purposes.

Bulkheads, elevator enclosures, chimneys, flues, water tanks or similar appurtenances and accessory structures shall not occupy more than an aggregate of 10% or less of the area of the roof on which they are located, and further shall not exceed the height limit by more than 10 feet.

Nothing in this chapter shall prevent the erection above the height limitation of a parapet wall or cornice extending above such height limit not more than three feet.

Height restricted; use in yard areas. On any lot in any district other than the C/I Commercial/Industrial Zone District, no wall or fence shall be erected or altered so that said wall or fence shall be over six feet in height in side yard areas and six feet in height in rear yard areas. In residential zones, fences may be constructed in side and rear yards no closer than two inches to a property line subject to other applicable provisions of this article. Fences shall be prohibited in front yard areas of all zones. On corner lots, a twelve-foot side yard setback shall be maintained within 15 feet of the rear property line when the same abuts a front yard or when necessary to provide adjacent property sight distance. This provision may be waived or modified by the Construction Code Official if, in his determination, a sight distance concern does not exist.

Barbed wire and metal spikes. No fence shall be erected of barbed wire, topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons or animals, except that fences permitted for industrial uses may be topped by a barbed wire protective barrier not less than eight feet in height. Fences shall not be permitted to extend closer than the minimum required front setback line in any industrial zone.

Dog runs and privacy areas. A dog run or privacy area may have fencing a maximum of six feet in height, provided that such area is located in rear yard areas only and is set back from any lot line at least 15 feet.

Sport fencing.

Finished side to face adjacent property. The finished side of all fences, walls or other structures in the nature of a fence shall face towards the property adjacent to the property upon which said fence, wall or other structure in the nature of a fence has been erected.

Decks, patios, sidewalks and similar installations are subject to impervious coverage limitations unless otherwise described below.

Decks.

Patios.

Prior to the issuance of a construction permit for any lot(s) the street right(s)-of-way contiguous to said lot(s) shall be suitably improved with pavement, curbing, sidewalks and drainage in accordance with the improvement standards established in this Part 4 of this chapter and, if applicable, Article 18, Stormwater Management and Control, and plot grading approval obtained from the Township Engineer for any development of said lot. The Township Engineer is hereby authorized to promulgate regulations required in this regard.

Existing pavement, curbing, sidewalks and drainage may be required to be reconstructed and/or relocated when, in the opinion of the Township Engineer, said pavement, curbing, sidewalks or drainage is deteriorated, does not meet the requirements of Township specifications or is located improperly or not in conformance with the purpose and intent of this chapter.

All dwellings for three or more dwelling units shall provide closed containers for the storage of refuse and recyclable materials. The capacity of said containers shall be consistent with anticipated accumulation and removal rates. Storage areas shall be designed to protect against the spread of litter, infestations of vermin, persistent odors, saturation by precipitation or flooding and the theft of valuable materials. Storage areas shall be situated to provide unobstructed access. Appropriate directional signage and labeling shall be provided with containers for recyclable materials clearly distinguished from those for refuse.

For every use, the applicant shall provide an estimate of the amount of trash, garbage and other solid waste, including recyclable and nonrecyclable materials. The applicant shall also submit a description of the proposed means of storage of all waste material, the nature and frequency of collection or removal from the site and the number, sizes and locations of containers. The applicant shall demonstrate that the containers to be provided have sufficient capacity to accommodate all waste materials based upon anticipated generation rate, sizes of containers and frequency of collection.

At least one refuse location shall be provided for each building. Said area shall be separate from parking spaces by either a location within the building or in a pickup location outside the building obscured from view from parking areas, streets and adjacent residential uses or zoning district by a fence, wall, planting or combination thereof. If located within the building, the doorway may serve both the loading and refuse functions and, if located outside the building, may be located adjacent to or within the general loading area(s), provided that the container in no way interferes with or restricts loading and unloading functions.

All refuse containers shall be completely enclosed and constructed of steel and shall comply with requirements of the Federal Consumer Product Safety Commission.

In multifamily residential developments containing 25 or more units and in nonresidential developments utilizing 1,000 square feet or more of land area, the applicant shall submit the location and description of provisions for the recycling of recyclable materials in accordance with Chapter 496, Solid Waste.

All site plans shall, to the greatest degree possible, follow energy-efficient design principles and maximize the use of renewable energy sources. Within the limits of practicability and feasibility, the criteria listed below shall be followed.

Except as otherwise provided in this chapter, for all new buildings or uses or additions to existing buildings or uses in all zone districts, except the Downtown Core and Downtown Transition District as described herein, there shall be provided the number of parking spaces required by the specific use as prescribed in the following schedule.

Additional parking shall not be required for any change in use within the Downtown Core, provided the proposed use is a permitted use within the zone district or is not part of a new mixed-use development.

The minimum number of off-street parking spaces specified may be reduced at the discretion of the Board if the applicant can demonstrate adequate parking for the proposed use. However, the applicant shall reserve the land required to meet the minimum number of spaces for future use should the additional parking spaces become necessary, or, if eligible, seek to participate in the Township's Payment in Lieu of Parking ("PILOP") Program, pursuant to § 170-1303. Such reserved land shall be appropriately landscaped in the interim.

When parking spaces are provided within a garage or other structure, said structure shall adhere to the proper accessory or principal building setbacks.

Off-street loading. In all districts, for every building or use requiring the receipt or distribution in vehicles of materials or merchandise, there shall be maintained on the same premises with such building at least one off-street loading space.

Minimum loading requirements.

An applicant requesting approval of a shared parking approach shall prepare and submit a shared parking analysis report to the Board and its professionals for review. In preparing the analysis, the applicant shall follow the procedures for shared parking specified in the current edition of the Institute of Transportation Engineers (ITE) Parking Generation. The report shall evaluate and illustrate the temporal distribution of the parking demand for all of the uses proposed and confirm that the peak parking demand can be met either fully on site or through an approved off-site parking arrangement with the Township for utilization of a municipally owned parking lot or facility.

For the purpose of calculating the peak parking demand for a shared parking approach, the minimum number of parking spaces for each use shall be as follows:

When using an off-site parking arrangement with the Township as part of a shared parking approach, all or a portion of the parking may be provided as off-site parking at a municipally owned lot or parking facility located within the same shared parking zone as the proposed development site. Shared parking zones include areas within the DC and DT Districts plus additional areas as described in the accompanying Shared Parking Zone Map adopted as part of this section and are generally described as follows:

The net additional parking demand on municipal parking shall be calculated pursuant to the shared parking analysis as follows:

The applicant shall pay a fee to the Township of $1,000 per space for the net additional parking demand on municipal parking.

Annual parking permits for residential uses.

Purpose. When the proposed construction and use of any new building or structure or the proposed enlargement or increase in the capacity of new use of any existing building or structure results in practical difficulty or undue hardship in complying with the off-street parking requirements of the Township's Land Development Ordinance, the Board may permit the applicant to elect to enter into a Payment In Lieu of Parking ("PILOP") agreement with the Township in lieu of providing the total number of parking spaces required, upon finding(s) that such difficulty or undue hardship exists.

Eligible areas.

Applicability.

Fees. The Township has determined 300 square feet to be the standard for a nine-foot-by-twenty-foot parking stall, including drive aisles and other common areas associated with the development of a parking lot. The Township has further determined $27.19 to be the average price per square foot of land in Union Township. As such, the PILOP payment shall be established at $8,000 per required parking space for all uses and $4,000 per required parking space for any affordable housing unit. The established fees herein shall be reexamined, and may be modified, from time to time, to ensure that the fees are appropriate for intents and purposes of the PILOP program.

Fee administration.

For the purposes of this chapter, nonresidential properties shall include lots, structures, and parcels of record with any principal use other than or in addition to residential.

Off-site signage.

Visibility and illumination.

Each sign shall have prominently displayed a permit number as assigned by the Construction Department indicating approval for erection.

Sign location.

Sign dimensions.

Exempt signs. The following exemptions shall apply only to the requirement for a sign permit and shall not be construed as relieving the owner of the sign from the responsibility for its erection and maintenance in good and safe condition:

Prohibited signs.

Temporary signs.

A nameplate sign, situated within the property lines and bearing only the name and address of the principal occupant, provided that the sign does not exceed two square feet in total area.

Either one wall sign or one ground sign, not exceeding four square feet in area, advertising or indicating the home office or home occupation as permitted in the district. Any such ground sign shall be set back at least 15 feet from the street right-of-way.

An approved multifamily housing development may display one ground sign at each street entrance to the development, designating only the name of the development, the address and name of the owner and the names of any buildings located therein, provided that the area of said sign shall not exceed 35 square feet and shall be set back 15 feet from a street or property line.

Permitted or approved nonresidential uses in any residential zone district are allowed one wall or ground sign not exceeding 20 square feet. No such sign shall be located closer than 15 feet to a property line or street right-of-way line.

Open house directional signs.

Signs as permitted and regulated in § 170-1404 above are permitted in connection with such uses when located in a mixed use district.

No signs shall be permitted which are not accessory to a business or use conducted on the property.

Wall signs. Wall signs are permitted on each commercial building wall that faces on a street or parking areas, subject to the following limitations and requirements:

Ground signs. One ground sign shall be permitted for each commercial building, subject to the following limitations and requirements:

Pole signs. Provided that there is no ground sign, a commercial property having a street frontage of at least 300 feet shall be permitted one pole sign, subject to the following limitations and requirements:

Suspended signs. Notwithstanding the foregoing provisions, a commercial building containing an overhang along the building wall and over a sidewalk shall be permitted signs as follows:

Window signs.

Directories and menus located at a building's main entry are permitted, and may not exceed three square feet.

Uniformity of signs. If a building contains more than one establishment, the signs shall be uniform in terms of design, colors, height or background, style and height of lettering and position on the building wall. In the case of a new sign for an individual establishment in a preexisting multiuse building, the new sign shall be consistent with the design of existing signs; where a uniform pattern has been established, the new sign shall, to the greatest extent possible, follow the pattern of the existing sign or signs which most closely fulfill the objectives of these regulations. The owner as well as individual tenants of multiuse buildings shall be responsible for compliance with these regulations.

All sign types permitted in mixed-use zone districts are permitted in Downtown Core and Downtown Transition Districts, in addition to the following sign types.

Pedestrian signs, permitted without a permit, provided the pedestrian sign meets the following criteria:

Projecting signs are permitted in the Downtown Core and Downtown Transition Districts, provided they meet the following criteria:

Signs as permitted and regulated in § 170-1404 above are permitted in connection with such uses when located in a CC or C/I District.

No sign shall be permitted which is not accessory to a use conducted on the property.

Wall signs, subject to the following:

Ground signs, subject to the following:

Pole signs. Provided that there is no ground sign, a commercial property having a street frontage of at least 300 feet shall be permitted one freestanding pole sign, subject to the following limitations and requirements:

Covered walk signs. Notwithstanding the foregoing provisions, a commercial building containing an overhang along the building wall and over a sidewalk shall be permitted signs as follows:

Permitting.

Sign removal and repair.

Nonconforming signs.

Notwithstanding the foregoing provisions of this article, motor vehicle service stations may display only the following signs:

Construction permit application. Before application is made for a construction permit for an in-ground pool, the plans and specifications therefor, bearing the seal of an architect or professional engineer licensed by the State of New Jersey, accompanied by a completed and filed electrical inspection form, together with pertinent explanatory data, shall be submitted to the Board of Health and Township Engineer for approval, insofar as the same pertains to the protections of the public health, safety and drainage, which said approval shall be endorsed upon said plans and specifications. Upon such approval, the application shall be accompanied by two sets of plans and specifications and the plot plan of the property, which said plot plan shall show the accurate location of the proposed swimming pool and the location, height and type of all fencing or wails and a topography of the premises showing existing and proposed grades and elevations and showing that all surface water runoff and pool overflow will be directed away from adjoining properties. Construction permit fees for in-ground pools shall be in accordance with the fee schedule of the Township of Union for construction permits.

Location.

Construction standards.

Filling and draining.

Nuisances; hours; noise; lights.

Abandonment. Should the owner abandon the pool, he shall arrange to remove the depression and return the surface of the ground to its original grade and approximately the same condition as before the pool was constructed, and he shall further notify the Township Clerk of the abandonment of said pool, so that the inspection of the site may be made and the records of the license marked accordingly.

Certificate of registration. Every person, firm or corporation now or hereafter maintaining a swimming pool as herein defined shall file a certificate of registration with the Township Clerk upon such form as may be provided by the Township Clerk, which said certificate of registration shall certify the existence of a swimming pool as herein defined. There shall be no fee for the filing of said certificate of registration. In the instance of existing swimming pools, said certificate of registration shall be filed within 30 days after the adoption of this chapter. In the instance of a swimming pool hereafter constructed or installed, said certificate of registration shall be filed not later than 10 days after the completion of the installation of said private swimming pool.

Compliance with other laws required. In the construction, installation, operation and maintenance of any swimming pool, state laws and the rules, regulations and requirements of the State Department of Health shall be observed. In the event of any conflict between the provisions of this chapter and any provision of state law or requirement, rule or regulation of the State Department of Health, the provision imposing the higher standard or the more stringent requirement shall be controlling.

In residence districts, outdoor storage is prohibited except for storage of items normally kept out of doors, including but not limited to lawn furniture, firewood for use on the premises, and the temporary storage of refuse and recyclable materials in suitable containers for a period not to exceed two weeks while awaiting collection. All such storage shall be limited to side and rear yards.

Except for recyclables, trash and garbage kept in suitable containers and awaiting collection, outdoor storage is prohibited in the Mixed Use and OSR, and C Districts.

By resolution of the Township Committee, occasional outdoor display and sales of goods and merchandise only may be authorized in CC and C/I Districts.

With the exception of Subsection C above, in CC and C/I Districts, no article or material shall be kept stored or displayed outside the confines of the building unless the following is met:

Noncommercial communication antennas and towers, exclusive of satellite dish antennas, shall not extend more than 75 feet above the ground level, whether attached to the building or erected on the ground. In addition, said structures shall be subject to the following regulations:

Ground-mounted satellite dish antennas shall be considered accessory structures and be governed by the following specific regulations:

The property shall meet the minimum lot size requirement of the zone district.

The professional person shall reside on the premises.

No more than two business clients may visit on any day.

Not more than two persons not residing in the dwelling shall be employed in the office.

Not more than 900 square feet of floor area shall be devoted to such use, and, if located on the main floor, not more than 1/2 the floor area of the main floor shall be devoted to such use.

The professional office shall not usurp any part of the minimum floor area required for the dwelling.

The residential character of the lot and building shall not be changed.

No occupational sound shall emanate from the building.

No such use shall cause interference with radio and television reception in neighboring residences.

Off-street parking areas shall be located at least five feet from a building, 10 feet from an adjoining property, 10 feet from a street right-of-way line and at least 25 feet from the point of intersection of any two street right-of-way lines.

There shall be no outdoor storage or display of any kind in connection with the use.

Only one sign, as regulated in § 170-1404, shall be permitted.

Except for the sign as permitted above, there shall be no exterior evidence of the professional use being conducted in the building.

Flex spaces may be occupied by retail sales and services, places of assembly, and instructional use.

Flex spaces may not have a commercial kitchen or operate a restaurant use.

Accessory uses are limited to those permitted in the CC District.

The accessory use may occupy not more than 2,500 square feet or 20% of gross floor area (GFA), whichever is less.

Retail sales and services shall be limited to the building occupant.

Ninety percent of material to be retailed shall be regularly sold, manufactured or distributed by the building occupant, with the remaining 10% being incidental or accessory to the main use.

Alterations to the facility shall allow for reversion to other C/I District uses.

Parking shall be provided as required in the CC Districts.

Lighting, landscaping and signs shall be upgraded to conform with the requirements of the CC District.

Peak traffic generation shall not coincide with the industrial traffic peak hour.

Solar installations are permitted as an accessory principal uses in a zone, with the purpose of reducing or meeting the energy needs of the property's principal use.

Ground-mounted systems.

Roof-mounted systems.

Signage. Safety signage needed to provide emergency responders with appropriate warning and guidance with respect to isolating the solar electric system shall be permitted.

Permitting. A building permit reviewed by department staff shall be obtained for a solar energy system. All design and installation work shall comply with all applicable provisions in the National Electric Code (NEC), the International Residential Code (IRC), International Commercial Building Code, State Fire Code, and any additional requirements set forth by the local utility (for any grid-connected solar systems).

The minimum lot area for the zone district in which the use is located shall be met.

All yard and setback requirements of the zone district shall be met; provided, however, that no yard shall be less than the height of the facility, nor shall any facility be located within 100 feet of a residential district boundary line.

Adequate off-street parking shall be provided. Parking areas and driveways shall meet the parking setback requirements of the zone district.

Applicability. The provisions in this article apply to all underground facilities used for the storage of flammable or hazardous materials and wastes in all zones.

Permit required. Any applicant, before installing or obtaining any tank for the storage of flammable or hazardous materials, shall first obtain a permit from the Building Department. The permit shall be issued upon Department approval only after review of all required plans and specifications to assure compliance with the Department's requirements.

Permit application. An application shall be submitted to the Building Department, containing the following information:

Secondary containment and monitoring equipment required. No permits shall be issued to install a tank or tank piping that does not provide secondary containment and a monitoring system designed to detect product leakage in advance of entry to soil and groundwater.

Nothing in this code shall prohibit the delivery of cannabis within the Township to consumers by a properly licensed cannabis delivery service. To the extent a cannabis delivery service shall store cannabis products for future delivery, such use shall be permitted as a conditional use in the Industrial District subject to the same conditions as a cannabis distributor or wholesaler.

Cannabis microbusinesses are permitted as conditional uses within any area where cannabis businesses are permitted within the Township according to their use category (e.g., retail dispensary, cultivation, manufacturing, etc.). Microbusinesses may also be located on the same premises as a full licensee as long as training, business incubators, and/or mentorship is being conducted. Certified copies of such agreements between entities shall be required.

Samples of cannabis products offered for sale may be displayed on shelves, counters and display cases. All bulk cannabis products shall be locked within a separate vault or safe, with no other items in the safe, securely fastened to a wall or floor, as coordinated with the Union Township Police Department and allowable under permitting authority regulations and state legislation.

External signage, including window signage, must be limited to text identifying the business and the logo of the business, provided that said logo does not include a cannabis plant leaf and/or outward glorification of cannabis consumption, in graphic or verbiage, where applicable. All other Township sign regulations apply.

Outside generators and other mechanical equipment used for any kind of power supply, cooling or ventilation shall be enclosed and have appropriate baffles, mufflers, and/or other noise reduction systems to mitigate noise pollution.

In the event of a conflict between the Township bulk standards and the Act or the permitting authority's regulations, the Township shall consider the pertinent statute or regulation as justification of any variance and/or design waiver.

No building shall exceed the height limit of its zone district except as provided in § 170-1214.

There shall be minimum lot area of two acres measured within 450 feet of the front street right-of-way.

All buildings shall be located at least 50 feet from a street property line, at least 25 feet from a side property line and 50 feet from a rear property line.

Off-street parking shall be provided in accordance with § 170-1301. All parking areas and driveways shall be located at least 10 feet from a street, building or property line.

There shall be a minimum distance between buildings of 25 feet, but not less than the height of the taller building.

The lot or parcel of land shall meet the minimum lot size requirements for its zone district.

The lot or parcel of land so to be used shall have a street frontage of at least 150 feet.

The walls of the building or structure shall be set back at least 25 feet from every property line and at least 40 feet from a street line.

The nearest boundary line of the lot or parcel of land so to be used shall be at least 300 feet from any boundary line of property which is used as or upon which is located:

The nearest boundary line of the lot or parcel so to be used shall be at least 1,500 feet from another repair garage or service station, except, however, that this limitation shall not apply where the garage or service station is located on the opposite side of a street or highway of four or more lanes, which is divided by a median or barrier.

Associated convenience retail may not exceed 4,000 square feet of gross floor area in CC and C/I Zones; associated convenience retail may not exceed 2,500 square feet of gross floor area in NC Zones.

Gasoline pumps and other apparatus shall be so located as to permit safe and convenient traffic circulation. Every gasoline or oil tank, pump or other device, appliance or apparatus shall be located at least 25 feet from a street right-of-way line, at least 50 feet from a residential zone boundary and at least 25 feet from any property line.

Associated convenience retail may not exceed 4,000 square feet of gross floor area in CC and C/I Zones, or 2,500 square feet of gross floor area in NC Zones.

No part of any automotive service station operation or paved area shall be conducted within 25 feet of a residential zone boundary. A six-foot-high unpierced fence shall be installed along any residential zone boundary.

All paved areas within the property shall be at least 10 feet from a property line or a street right-of-way line.

Adequate parking for automobiles of employees and patrons shall be provided.

There shall not be outdoor storage of supplies, materials or automobile parts, whether for sale, storage or waste, nor shall any trailers or temporary structures be used for storage or otherwise be located on the site.

Excepting incidental, minor repair work, such as installing windshield wipers, replacing light bulbs and lenses and routine maintenance checks, repairs shall be conducted entirely within the confines of the building, and all repair or service apparatus shall be located within the building.

It shall be unlawful to park tractors, trailers or trucks outdoors in a gasoline service station overnight. Not more than five passenger vehicles awaiting repairs or parts shall be stored outdoors in a gasoline service station for more than three days.

All of the aforementioned provisions of this section and others as may apply shall apply to any said use whether nonconforming or conditional.

Community residences, shelters, and adult family care homes are generally permitted in all residential districts by law, and the requirements shall be the same as for single-family dwelling units located within such districts, in accordance with § 40:55D-66.1 of the Municipal Land Use Law.

In such cases where the characteristics of a facility do not qualify it as a community residence, shelter, or adult family care home as described in the Municipal Land Use Law, the use shall be considered a conditional use and subject to the following:

There shall be a minimum lot area of two acres.

All buildings shall have a minimum setback of 50 feet from any street line, 25 feet from a side property line, and 50 feet from a rear property line.

Off-street parking shall be provided in accordance with § 170-1301. All parking areas and driveways shall be set back at least 10 feet from a street, building or property line.

No building shall exceed three stories in height or 35 feet.

Building coverage shall not exceed 50% of the area of the lot.

No building shall be constructed as long-term care facility which contains fewer than 30 units for the accommodation of residents.

The lot on which the use is to be located is adjacent to and has an adjoining property line with the CC District.

Customer vehicular access is solely from and to New Jersey State Highway Route 22, either directly or by means of a street or an access drive through another lot or lots. Such street or access drive shall not connect to any other street and shall not permit access through other drives or parking areas to any other street.

Truck and delivery access may be provided through streets other than as limited in Subsection B above, provided that such access is to and from New Jersey State Highway 22, the site is designed to prohibit truck access to and from any residential zone and there is no on-site interconnection between the customer drives and parking areas with the truck and delivery areas.

The size of any particular parcel used for any such conditional use shall not exceed 15 acres.

The use shall be regulated pursuant to the bulk standards in the CC District to which it is adjacent.

Bulk standards:

Accessory structures:

Maximum coverage:

Parking subject to requirements of § 170-1301.

A place of assembly may include one residential structure or unit on the same grounds.

Suites must have a minimum size of 350 square feet.

Conference and meeting facilities accessory to the living suites may not accommodate more than 35 persons.

Restaurant and retail uses accessory to the living suites may not exceed a cumulative area of 1,000 square feet.

A minimum of five on-site holding or queuing spaces with minimum space dimensions 18 feet by nine feet must be provided as an approach lane or lanes to the car wash.

A minimum of two holding or queuing spaces after the car passes through the complete wash cycle.

The queuing lanes shall not conflict with the ingress or egress of any pump island or bay, and shall not block sidewalks.

Any sport, athletic, exercise, group instruction or other activity conducted in a fitness center shall not involve the participation of more than 50 individuals during any period of time.

Required parking hall be met on-site unless there exists a municipal parking lot located within 250 feet of the facility.

An adult business may not be located within 1,000 feet of any existing adult business, place of assembly, school, school bus stop, public playground or park, public facility, hospital, childcare center, or area zoned for residential use.

A sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width with landscaping and/or fencing sufficient to impede the view of the interior of the premises in which the business is located.

Signage shall comply with the requirements of Title 2C:34-7 of the New Jersey Code of Criminal Justice.

No merchandise, photos or pictures of the products or entertainment on the premises may be displayed on signage, or in or immediately behind window areas or any other area that can be viewed from outside establishment.

Bulk and lot requirements of the zone must be met.

Minimum parking requirements established in § 170-1301 must be met.

Bulk and lot requirements of the zone must be met.

Minimum parking requirements established in § 170-1301 must be met.

The minimum percentage of very-low-, low- and moderate-income housing shall be 15% of the total number of dwelling units for rental affordable units and 20% of the total number of dwelling units for for-sale affordable units.

In any multifamily development having five or more residential units, at least one unit must be established as affordable to low- and moderate-income households.

All affordable units must comply with the Township's Affordable Housing Ordinance.

Very-low-, low- and moderate-income housing shall be constructed and rented in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq., and the Uniform Housing Affordability Controls (UI-IAC) at N.J.A.C. 5:80-26.1 et seq., including standards for the split between very-low-, low- and moderate-income housing, provided a minimum of 13% of the affordable units are very-low-income units at 30% of the median income and 37% of the affordable units are low-income units with the 50% balance of units allowed at moderate income; bedroom distribution; range of affordability; pricing and rent of units; affirmative marketing; thirty-year minimum affordability controls and construction phasing with the market rate units developed on the tract.

Affordable housing units shall not be age-restricted.

The Township-designated Affordable Housing Administrator shall be responsible to affirmatively market, administer and certify the occupant of each affordable unit, with all administrative costs to be paid by the developer.

Accessory dwelling units are permitted in the RA and RB Zones on lots with a minimum of 5,000 square feet.

ADUs are permitted only as accessory to a single-family detached home. Townhomes and two-family homes are ineligible for an accessory dwelling unit.

A maximum of one accessory dwelling unit per lot is permitted.

An accessory dwelling unit must be located within an owner-occupied dwelling. The property owner may occupy either the principal dwelling or the accessory apartment.

Residences containing accessory dwelling units must be indistinguishable from the public right-of-way, without a second point of egress on the front facade or other architectural features signifying a second unit.

Accessory dwelling units shall not be permitted in basements, garages, or accessory structures.

Accessory dwelling units must include a full kitchen and bath.

Accessory dwelling units shall occupy no more than one-third of the net floor area of the building in which they are located, up to a maximum of 1,200 square feet.

The floor area of the accessory dwelling unit shall be calculated to include one-third of the area of shared storage or utility areas.

Residences seeking an accessory dwelling unit which exceeds 1,200 square feet or more than one-third of the net floor area shall be classified as a two-family home.

A minimum of one off-street parking space is required for an accessory dwelling unit.

A planning or zoning application for an accessory dwelling unit shall include a floor plan drawn to scale which delineates the boundaries of the accessory apartment within the footprint of the structure in which it is located. A demonstration of available on-site parking must also be provided.

All owners of a property containing an accessory dwelling unit must register with the Township remain in full compliance with all requirements of Municipal Code Chapter 419.

Cannabis businesses are limited to parcels zoned CC that are located within 1,000 feet of the Route 22 right-of-way.

Adherence of the site design standards of the Township Land Development Ordinances and Redevelopment Plans through a review by the Zoning Official, and the Township Planning board, is required.

Dispensaries must be in full compliance with Chapter 351 of the Union Code, and must be issued a Union Township cannabis business license.

Site plan approval is required.

In no case shall a dispensary be within a drug-free school zone.

Dispensaries shall not be located within 1,500 feet of a residential use or zone.

Dispensaries shall limit their hours of operation to between 8:00 a.m. and 10:00 p.m. Monday through Sunday, or as otherwise provided for within a special use permit.

Cannabis dispensaries shall not be located within 1,500 feet of another cannabis dispensary.

Medical cannabis dispensaries may sell usable cannabis-related product only to individuals with an active Medical Marijuana Program (MPP) identification card or caregiver identification card.

Dispensaries must be in full compliance with Chapter 351 of the Union Code, and must be issued a Union Township cannabis business license.

Adherence of the site design standards of the Township Land Development Ordinances and Redevelopment Plans through a review by the Zoning Official, and the Township Planning board, is required.

Cannabis businesses are limited to parcels zoned C/I.

Facilities shall not be located within 250 feet of a residential use or zone.

Site plan approval is required.

Cannabis facilities shall not be located immediately adjacent to school property used for school purposes where children are present.

Facilities must be secured in accordance with all applicable provisions as defined by the state and the licensing requirements of the Union Township municipal code.

No signage other than directional or discrete building identification signage shall be permitted. Signage shall remain innocuous and part of the general directional signage typically found in industrial manufacturing facilities. Facade signs will be limited to those at the point of entry to the facility and may not be more than six square feet.

Unusual odors shall be prohibited. Odor mitigation filtration systems must be installed and maintained in perfect working order at all times.

Light spillage must be 0.5 footcandle or less at any property line.

Noise beyond the decibel level permitted by the Township noise ordinances shall be prohibited.

Facilities must be in full compliance with Chapter 351 of the Union Code.

Cannabis businesses are limited to parcels zoned CC that have frontage on Route 22 or Lehigh Avenue. Any retail component must be on these frontages and other corridors that the governing body deems acceptable.

Adherence of the site design standards of the Township Land development Ordinances and Redevelopment Plans through a review by the Zoning Official, and the Township Planning Board, is required.

Facilities may only serve patients with an active Medical Marijuana Program (MPP) identification card or caregiver identification card.

Site plan review is required. Facilities are subject to the site design standards of the Township of Union through a review by the Zoning Official and/or the Township Planning Board.

If a dispensary is co-located with a cultivation center, the area of the proposed premises utilized for cultivation shall be physically separated from the area of the premises utilized for the dispensing of medical cannabis and open to the public or to patients. Walls, barriers, locks, signage, and other means shall be employed to prevent the public or patients from entering the area of the premises utilized for cultivation of medical cannabis.

Body art establishments are limited to parcels zoned CC that are located within 1,000 feet of the Route 22 right-of-way.

No body art establishment shall be located within 1,000 feet of any existing body art establishment as defined herein. The distance between the businesses shall be measured from the nearest entrance of an existing business to the nearest entrance of the proposed new business.

An existing lot or tract of any size in any location on the property shall not be disturbed causing property grades to change whether by regrading or filling so as to divert surface runoff from its natural or preexisting pattern without first filing a topographical contour map indicating existing and proposed property grades with and receiving approval of the Township Engineer.

The leader pipes and/or roof drains of any preexisting use in any zone shall be directed towards the street gutter or storm drainage facility and shall not be directed towards adjacent properties.

All new nonresidential site construction, with a disturbance of less than one acre, in any zone shall conform to the requirements of § 170-2506 of this chapter. All new residential subdivision construction shall conform to the requirements of § 170-2506 of this chapter.

All new and expansion one- and two-family residential construction shall provide seepage pits which capture stormwater from leader pipes and/or roof drains via a system of underground pipes of a size and material approved by the Township Engineer. The seepage pit shall be designed for one inch of rainfall over the entire roof area and provide an overflow outlet to the street gutter.

Grades steeper than one (vertical) to three (horizontal) should be avoided. In cases where these grades are unavoidable, provisions for soil stabilization, access and maintenance of those areas must be provided to the Township Engineer for approval.

Policy statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure best management practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low-impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.

Purpose. The purpose of this article is to establish minimum stormwater management requirements and controls for major development, as defined below in § 170-1802.

Applicability.

Compatibility with other permit and ordinance requirement.

Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:

The standards in this article apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or water quality management plan adopted in accordance with Department rules.

The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 170-1810.

Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).

The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 170-1804P, Q and R:

A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 170-1804O, P, Q and R may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:

Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 170-1804O, P, Q and R. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f), Tables 5-1, 5-2 and 5-3, and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at https://dep.nj.gov/stormwater/bmp-manual/.

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

An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with § 170-1806B. Alternative stormwater management measures may be used to satisfy the requirements at § 170-1804O only if the measures meet the definition of "green infrastructure" at § 170-1802. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection O(2) are subject to the contributory drainage area limitation specified at Subsection 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 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 § 170-1804D is granted from § 170-1804O.

Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact on the groundwater table and design the site, so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.

Design standards for stormwater management measures are as follows:

Manufactured treatment devices may be used to meet the requirements of this article, 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 § 170-1802 may be used only under the circumstances described at § 170-1804O(4).

Any application for a new agricultural development that meets the definition of "major development" at § 170-1802 shall be submitted to the soil conservation district for review and approval in accordance with the requirements at § 170-1804O, P, Q and R and any applicable soil conservation district guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.

If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 170-1804P, Q and R shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.

Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the office of the Union 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 § 170-1804O, 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 § 170-1810B(5). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.

A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to § 170-1804 of this article 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 Union 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 Subsection M above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection M above.

Green infrastructure standards.

Groundwater recharge standards.

Stormwater runoff quality standards.