(1)   Where the area and bulk standards for the applicable zoning district require buffers, such buffers shall be shown on all site plans and subdivision plans for development in such zoning districts.

      (2)   The composition of buffers, including, but not limited to, landscaping and fencing, shall be applied as design standards, not zoning criteria, and are for the primary purposes of eliminating views, and reducing noise perception beyond the lot.

      (3)   No buildings, structures other than fences, storage of materials, parking areas, roads or drive aisles or any other improvements shall be permitted within the buffer areas; buffer areas shall be maintained and kept free of all debris, rubbish, weeds, and tall grass.

      (4)   Buffer widths shall be measured horizontally. The design of buffers shall consider the use being buffered, the distance between the use and the property line, differences in elevation, the types of buffers and screens such as dense planting, existing woods, buffer height and width and other combinations of man-made and natural features. The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to the property line or the more intense the use, the more effective the buffer area must be in obscuring light and vision and reducing noise beyond the lot. The typical 25-foot wide buffer shall be comprised of three rows of trees and/or shrubs as specified planted five feet on center.

The typical 50-foot wide buffer shall be a doubling of the 25- foot wide buffer. The use of berms are encouraged as appropriate, and may be required.

      (5)   All buffer and other landscaping areas shall be planted and maintained with either grass or ground cover, together with trees and shrubs, and the following criteria shall be used as a guideline:

         (a)   Shrubs shall be at least three feet in height when planted and be of such density as will obscure, throughout the course of the year, the glare of headlights. Deciduous trees shall have a minimum caliper of two and one half to three inches. Evergreen trees shall be at least five feet in height when planted.

         (b)   Any plant material which does not live shall be replaced within 1 growing season.

         (c)   Buffer plantings and landscaping shall open at points of vehicular and pedestrian access to assure a clear sight triangle.

      (6)   Notwithstanding anything else contained in Title 15, if the area required for any setback, including all buffer areas, adjacent to a residentially zoned property contains pre-existing natural vegetation, trees, shrubs or other buffer-type materials, the entire required setback area adjacent to the residentially zoned property shall be maintained, as much as possible, in its natural, pre-existing state with the allowance of a fence to be installed on a residentially zoned property within the buffer contained on that lot. Any disturbance of such area required during construction must be restored with the planting of additional, similar trees and shrubs in accordance with this § 154.006(A).

      (7)   The reviewing board may grant a variance from the required minimum buffer width set forth in Section 152 if, based upon the exceptional narrowness, topography or other natural features of the land or conditions and circumstances beyond the reasonable control of the applicant or the property owner, strict conformance with such requirement would severely limit the reasonable use and development of such property. Such variance may be granted only if other improvements (such as fencing or berms) or additional landscaping is provided in the

finally approved buffer area so as to satisfy the purpose and intent of the buffer requirement.

      (8)   Where large-scale non-residential development is proposed adjacent to existing residential development (or residentially zoned development), and where at least a minimum 50 foot wide buffer is required, the following buffer design standards shall apply. For purposes of this section, large-scale, non- residential development shall be considered any project with a proposed aggregate gross floor area of 50,000 square feet or more.

         (a)   Every 100 linear feet or buffer (or prorated portion thereof) shall contain each of the following elements:

            1.   A minimum of 18 evergreen trees to be planted as follows:

               a.    Minimum planting height of seven feet.

               b.    Planted in clustered groups with a maximum plant spacing of ten feet (on center).

               c.    Planted in a configuration that provides a continuous screen along the length of the buffer.

            2.   A minimum of 40 shrubs to be planted as follows:

               a.    Planted in several masses with individual groupings containing eight or more shrubs per mass.

               b.   The layout of the shrubs is to be utilized for both visual interest and screening, and shall have a minimum planting height of 30 inches.

               c.   A minimum of 50% of shrub plantings shall be evergreen species.

            3.   A minimum of three ornamental trees to be planted as follows:

               a.    Minimum planting height of eight feet.

            4.   A minimum of two shade trees to be planted as follows:

               a.    Minimum caliper of 2½ to 3 inches at time of planting.

            5.   A continuous earthen berm constructed to a minimum height of six feet above the final design elevation of the adjoining proposed non-residential or the adjoining residential property, whichever is higher in elevation. The minimum berm height of six feet shall be maintained along the entire length of the buffer area unless it is determined by the Board that a discontinuation or break in the berm design can be accommodated without impacting the effectiveness of the intended screen to the adjacent residential use.

            6.   A continuous six feet high decorative solid wood or vinyl fence shall be provided along the top of the berm. Proposed plantings shall be located on the residential side of the fence. The fencing shall also be constructed such that the decorative side of the fence faces the residential properties.

         (b)   The above noted plantings shall generally be located on the upper elevations of the berm and planted on a continuous four inch deep shredded hardwood mulch bed. Refer to detail for visual reference.

         (c)   In situations where existing vegetation can be preserved within the 50 foot buffer,

the screening quality of the vegetation and its ability to provide an effective year-round buffer shall be evaluated by the Board prior to recommending a reduction in the required buffer design standard. As a minimum, existing vegetation shall be supplemented with evergreen trees at a rate of 10 trees per 100 feet or buffer and a continuous six foot high decorative solid wood or vinyl fence. The Board may require that supplemental screening for existing vegetative buffers be provided outside of the 50 foot buffer area to avoid disturbance to established trees.

         (d)   All required buffer plantings shall be irrigated. The plans shall indicate what means will be used to provide irrigation to the buffer plantings.

      (1)   Landscaping shall be provided as approved by the reviewing board to provide shade, designate entrances, screen parking from roads, buffer utility areas and provide aesthetic interest throughout the year. Along Route 73, a berm and plantings are required to screen parking from the road. The minimum tree size along Route 73 shall be three and one half to 4 inches in caliper, either 50 feet on center or equivalent.

      (5)   Only nursery-grown plant materials shall be acceptable; and all trees, shrubs, and ground covers shall be planted according to accepted horticultural standards.

      (1)   Trash and recycling areas shall be enclosed on three sides by masonry walls not less than six feet nor more than eight feet in height and must be compatible with the architectural scheme of the development.

      (2)   The enclosure gates shall be constructed of solid welded steel panels.

      (3)   Landscaping consisting of six foot high evergreen trees shall be installed to screen the perimeter of the masonry walls.

      (4)   Trash and recycling pickup shall only be permitted between the hours of 7:00 a.m. and 10:00 p.m.   

      (1)   Removal of trees having a caliper of five inches or greater as measured 36 inches above

ground from any lot is prohibited in the process of grading or installing improvements. Where, in the judgment of the reviewing board, such removal is unavoidable and constraints incident to the land itself (including, without limitation, extreme topography, unsuitable soils, rock outcrops and existing uninterrupted dense canopy) render it impractical to locate on the lot the required number of compensatory trees, then, at the election of the reviewing board, the applicant shall either install a portion of the required compensatory trees on other public lands within the Township or make a contribution in lieu thereof in accordance with division (E)(4) of this section, said contribution to be based upon the estimated cost of those trees which cannot practically be installed on the property as determined by the reviewing engineer.

      (2)   Notwithstanding the five-inch caliper limitation set forth above, no substantial area of smaller trees or shrub cover shall be removed without the provision of comparable replacement as approved by the reviewing board. The site plan or subdivision plan approval applications shall include a tree removal and replacement plan and statement indicating the trees and/or material to be removed and the plan for compensatory replacement pursuant to this § 154.006(E).

      (3)   The following shall be exempt from the requirements of this § 154.006(E):

         (a)   Managed woodlands and agricultural uses.

         (b)   Trees removed during normal homeowner maintenance and not exceeding an area of disturbance of more than 500 square feet. Examples of normal homeowner maintenance would include trees removed due to storm damage or disease and those removed to prevent damage to roofs, swimming pools, utilities, driveways and landscaping.

         (c)   Trees removed due to clearing for the following:

            1.   Road, utility and pedestrian right-of-ways;

            2.   Areas within the foundation lines of a proposed building; or

            3.   Areas within front yard areas required for the installation of utility service lines, entry walks and driveways.

      (4)   Notwithstanding anything to the contrary, in no event shall the fee under this section for compensatory planting for a single unit, single residential property exceed $5,000 for a residential lot of one acre or less, or exceed $10,000 for a residential lot greater than one acre. This exception shall not apply to commercial developers owning and developing residential lots for sale to others.

      (5)   Any money deposited or paid to the Township pursuant to division (E)(1) above, or previously paid to the Township for compensatory plantings consistent with the Voorhees Township Code, shall be paid into the Township Open Space Fund.

         (a)   All landscape plants shall be typical full specimens conforming to the American Association of Nurserymen Standards (ANA) for quality and installation.

         (b)   Local soil conditions and water availability shall be considered in the plant selection. All plants shall be tolerant of specific site conditions. The use of indigenous species may be appropriate.

         (c)   Landscaping shall not inhibit access by emergency vehicles or inhibit visibility within required vehicular sight triangles.

         (d)   Irrigation systems are to be provided for all new plantings.

         (e)   An appropriate variety of tree species shall be provided to avoid die-out due to species-specific diseases.

         (a)   The placement of street trees shall conform to diagrams 1 and 2.

         (b)   The number of street trees shall average one for every 35 linear feet of property frontage.

         (c)   Spacing between trees shall be determined based upon species selection. In general, trees should be between 30 and 50 feet on center.

         (d)   Trees should be a minimum of three and one-half to four inches caliper, based on ANA standards.

         (e)   Trees are to be disease resistant and tolerant of road salts and air pollution.

         (f)   On properties with more than one tree species, species shall not be alternated one-by-one; instead a single species shall be grouped together to create a canopy effect.

         (g)   Branching height shall bear a relationship to the size and species of tree but shall have a minimum clearance height of seven feet above grade before branching begins.

         (h)   All trees to be installed shall be balled and burlapped in accordance with ANA standards.

         (i)   All trees shall be mulched to a depth of three inches in a minimum six-foot diameter ring around the base of each tree.

         (j)   Acceptable street tree species shall be chosen from the following list of street trees, unless the applicant proves to the Township Engineer or Landscape Architect that another species will meet the above criteria:

   -Unacceptable trees include:

         (a)   A shrub mass of deciduous and/or evergreen species shall be planted within the required buffer area to provide for a visual and physical screen along the entire frontage. Shrubs within the buffer shall primarily include evergreen species, although deciduous plants may be used provided that their use does not result in significant visual openings during the winter season. This landscape mass shall be interspersed with the required ornamental and evergreen trees to provide for a natural, random and visually interesting plant scheme. The purpose of the buffer plantings is to define the corridor visually as a pedestrian way by providing scale and to lessen the impact of a harsh edge due to development.

         (b)   The location, placement and spacing of plant material shall conform to diagrams 1, 1a and 2.

         (c)   The selection of plants species shall provide for a variety and mixture of landscaping. Varieties shall consider susceptibility to disease, shapes, seasonal display, textures, flowers, and foliage.

         (d)   The plant quantities constituting the buffer shall include:

         *Shrubs averaging 25 per 100 linear feet of frontage.

         *Ornamental trees averaging two per 100 linear feet of frontage.

         *Evergreen trees averaging two per 100 linear feet of frontage.

         *Lawn or groundcover to complete the required 10-foot wide landscape buffer outside of the required shrub/tree planted area.

         (e)   The planting mass of the mix of shrubs/trees shall be mulched to a depth of three inches in a continuous bed.

         (f)   Required plantings in the buffer area shall meet the minimum size requirements as follows:

         *Shrubs: planted size is to be a minimum of 24 inches to 36 inches in height.

         *Ornamental trees: planted size is to be a minimum of five feet to six feet in height.

         *Evergreen trees: planted size is to be a minimum of five feet to six feet in height.

         (a)   The location and placement of flower pockets shall conform to diagrams 1, 2 and 3.

         (b)   A minimum of 200 square feet of wildflowers and/or perennials constitutes one pocket. One pocket shall be provided per 100 linear feet of frontage with additional pockets provided at driveway crossings.

         (c)   Wildflowers, if used, are to be hardy and native regional mixtures. Mixture selection shall provide for a blend of species in approximate equal amounts. Mixtures shall include a variety of colors. The selection of mixtures should consider the existing soil conditions. The specific blend is subject to the approval of the Township Engineer or Landscape Architect. Wildflower pockets shall be mowed once a year. Mowing shall occur in the late fall while the wildflowers are dormant.

         (d)   Perennials shall be hardy and include either a mix of colors or single stands of one color. Perennials shall be approved by the Township Engineer or Landscape Architect.

         (a)   Berms shall be limited to the areas indicated in diagrams 1, 1a and 2.

         (b)   Berms are to be both vertically and horizontally meandering to achieve a naturalistic landscape by de-emphasizing the linearity of the Route 73 corridor. Requirements for berm design are noted in diagrams 1 and 2. Berms are not to be continuous for the entire length of the frontage but shall allow for

breaks as indicated in diagrams 1 and 2. Berms are not to be terminated abruptly at the ends of the lot lines but are to transition to existing grade in a naturalistic fashion.

         (c)   Berm design shall not adversely affect natural drainage.

         (d)   Berms at driveway openings should conform to diagram 2.

         (a)   A bituminous multi-purpose path shall be provided along both sides of Route 73.

         (b)   The location and placement of a multi-purpose path shall conform to diagrams 1,1a and 2.

         (c)   Standard Township construction details for the multi-purpose path shall be utilized and shall be approved by the Township Engineer.

         (a)   Painted crosswalks shall be in provided in accordance with the following:

            1.   The location and placement of painted crosswalks shall conform to diagram 2.

            2.   Standard Township construction details for such striping shall be utilized and shall be approved by the Township Engineer. In the event that the Township has not adopted such standards, then generally accepted engineering standards, as set forth in engineering and construction manuals shall be used as approved by the Township Engineer.

            3.   Painted crosswalks shall be skid-resistant.

         (b)   Handicapped ramps shall be provided in accordance with the following:

            1.   The location and placement of handicapped ramps shall conform to diagram 2.

            2.   All multi-purpose paths shall taper down to meet grade at the intersection with a driveway. Ramps shall be provided in these areas to allow for full accessibility as per Americans with Disabilities Act (ADA) guidelines. Standard Township construction details for such ramps shall be utilized and approved by the Township Engineer. In the event that the Township has not adopted such standards, then generally accepted engineering standards, as set forth in engineering and construction manuals shall be used as approved by the Township Engineer.

         (c)   A raised median shall be provided if the driveway opening into the developed property exceeds two lanes and shall conform to the following:

            1.   A median shall be placed at the centerline of all new driveways and extend from the intersection with the Route 73 right-of-way to the 50 foot minimum setback line required for parking and/or interior drives into new developments.

            2.   The median shall be a four-foot wide brick paver island edged by a six-inch vertical granite block curb.

            3.   Brick shall be a four-inch by eight-inch rectangular shape and placed in a herringbone pattern. Brick color shall be a red/charcoal blend.

            4.   The median shall allow for an opening at the crosswalk locations. Location and placement of crosswalks shall conform to diagram 2.

         (d)   Bollards shall be provided wherever a multi-purpose path engages a driveway in accordance with diagram 2 and the following:

            1.   An eight-inch square wood timber bollard with chamfered top and an approximate height of 36 inches, shall be located and placed in accordance with diagram 2. The bollards shall be placed at the centerline of the multi-purpose path to preclude entry of vehicles for the purposes of pedestrian safety.

            2.   A bollard shall be a treated wood bollard of a type that visually is consistent with the overall corridor aesthetic and image.

            3.   Lighted bollards shall be located and placed in accordance with diagram 2. The purpose of the bollards is to warn both pedestrians and motorists of each other’s presence at the crosswalks. Lighted bollards will provide visual cues to motorists.

            4.   Lighted bollards shall be a minimum 36 inches in height with a 100-watt metal halide or high-pressure sodium lamp. Bollards should provide a minimum maintained level of 0.5 footcandles in the crosswalk area.

      (9)   Corner treatment details. The following elements are required to be implemented at intersecting roadways. The purpose of the corner treatment is to create visually pleasing focal points and to provide uninterrupted transitions from the sidewalks and multi-purpose paths to the intersection crossings. The arrangement of the design elements is depicted in diagram 3.

         (a)   Decorative paving shall be in accordance with the following:

            1.   The location and placement of decorative paving shall conform to diagram 3.

            2.    Decorative paving shall be colored stamped concrete. Color of concrete is to be a tan/beige blend. Pattern is to be as noted in the body of diagram 3.

            3.   An eight-inch wide brick paver band shall delineate the changes in paving pattern. Brick pavers shall be a four-inch by eight-inch rectangular shape and placed in a soldier course pattern. Brick color shall be a red/charcoal

blend.

         (b)   An ornamental banner pole and banner shall conform to the following:

            1.    The location and placement of banner pole shall conform to diagram 3.

            2.   The banner pole shall be 15 feet high. Banner pole and banner type is to be selected by the Township.

         (c)   Placement of shrubs shall be in accordance with the following:

            1.   The location and placement of shrubs shall conform to diagram 3. Shrubs are to help define the shape of the pedestrian space and to add interest.

            2.   Shrubs are to be selected for their ornamental characteristics such as flowers, bark and fall color to hi-light and provide a backdrop for the paved pedestrian space.

            3.    Selection of shrubs should take into consideration tolerance to pollution, and dry, sunny conditions at the intersections. Shrub selection is to be approved by the Township Engineer or Landscape Architect.

            4.   The planting mass of the shrubs shall be mulched to a depth of three inches in a continuous bed.

            5.   Shrubs are to be planted at a minimum 24 inches to 36 inches in height.

         (d)   Placement of groundcover/ perennial plantings shall be in accordance with the following:

            1.   The location and placement of groundcover/perennials shall conform to diagram 3.

            2.   Either groundcover or perennials, or a combination of both, may be used on the ground plane in the defined area.

            3.    Groundcover/ perennials shall be hardy. Perennials may include a mix of colors or single stands of one color. Groundcover/perennials shall be approved by the Township Engineer or Landscape Architect.

         (e)   Handicapped ramps shall be in accordance with the following:

            1.   The location and placement of ramps shall conform to diagram 3.

            2.   Ramps shall be provided in the crosswalk areas to allow for full accessibility per Americans with Disabilities Act (ADA) guidelines. Standard Township construction details for such ramps shall be utilized and shall be approved by the Township Engineer. In the event that the Township has not adopted such standards, then generally accepted engineering standards, as set forth in engineering and construction manuals shall be used as approved by the Township Engineer.

      (10)   The terms and provisions of this subsection shall apply to all subdivision and site plan applications filed after October 22, 2001.

      (1)   Where large scale retail development is proposed adjacent to existing residential development or properties zoned for residential use and where at least a minimum 100-foot rear yard setback is required, strict compliance with the parking regulations set forth in § 152.187(A) may be waived by the reviewing Board as set forth below. For purposes of this section, large scale retail development shall be considered any development with a proposed aggregate gross floor area of 50,000 square feet or more. It being the purpose of this section to provide an incentive to increase the rear yard setback from adjoining residential properties by providing for a waiver of strict compliance with the number of parking spaces as would otherwise be required.

         (a)   For the first additional 50 feet of rear yard setback, the number of parking spaces may be reduced by five percent of what is otherwise required in the parking regulations set forth in § 152.187(A).

         (b)   For the next additional 25 feet of rear yard setback, the number of parking spaces may be reduced an additional five percent of what is required in the parking regulations set forth in § 152.187(A) .

         (c)   For the next additional 25 feet of rear yard setback, the required number of parking spaces may be reduced an additional five percent of what is required in the parking regulations set forth in § 152.187(A) .

      (2)   In no event shall the number of parking spaces be reduced more than 15% from what is required under the parking regulations set forth in § 152.187(A) .

      (3)   The applicant shall submit a parking analysis and a comparison of parking counts from other similar uses which demonstrate that any parking space reduction as provided for in this subsection is adequate to support the proposed retail use.

      (4)   Nothing contained herein shall alter or alleviate the obligation of the applicant to comply with any other zoning, setback or buffer requirements in the ULDO.

(Ord. 945-99, passed 9-13-99; Am. Ord. 19-01, passed 10-9-01; Am. Ord. 20-01, passed 10-9-01; Am. Ord. 22-01, passed 10-22-01; Am. Ord. 85-06, passed 4-24-06; Am. Ord. 266-15, passed 5-11-15; Am. Ord. 391-21, passed 10-12-21; Am. Ord. 455-24, passed 7-8-24)

      (1)   All electric, telephone, television, cable, optical, and other similar utilities, both main and service lines servicing new developments, shall be provided by underground wiring within easements or dedicated public rights-of-way, installed in accordance with the prevailing standards and practices of the utility or other companies providing such services.

      (2)   Lots that abut existing easements or public right-of-way, where overhead electric or telephone distribution supply lines and service connections have heretofore been installed, may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground.

         (a)   All lighting shall conform with the Illuminating Engineering Society Handbook, most recent edition, and the American National Practice for Roadway Lighting (RP-8), approved by the American Standards Institute, recent edition.

         (b)   All exterior lights shall be designed, located, installed and directed to prevent objectionable light and glare across property lines and above a 90 degree, horizontal plane. Lamps shall be recessed in the luminaire so as to prevent glare.

         (c)   The preferred source of all lighting is metal halide or LHD lamps and fixtures.

         (d)   Shielding and/or cutoff optics shall be required in all installations.

         (e)   Searchlights and laser lights used for advertising or entertainment are not permitted.

         (f)   All lighting shall be shielded to prevent glare for drivers or pedestrians, light trespass beyond the property line and light above the 90 degree horizontal plane.

         (g)   The maximum illumination at the common property line with adjacent properties shall not exceed 0.2 footcandle.

         (h)   Emergency lighting by police, fire and rescue and other authorities is exempt from this Code.

         (a)   The average maintained illumination and the average level-to-minimum point ratio of illumination shall conform with the following:

 

         (b)   The maximum mounting height of exterior lighting shall conform to the following schedule:

 

 

         (c)   In business, office and/or research and industrial areas, circuits shall be arranged so that at least 50% of all lighting (alternate luminaires) shall be turned off after business hours, when only lights necessary for security purposes shall be left on.

         (d)   The average maintained illumination for security purposes shall be 0.3 footcandles.

         (e)   Provisions shall be made for “cutoff” illumination of loading docks, entrances and other special areas where greater illumination may be required. Each special area shall be on a separate circuit which shall be turned off when the area is not in use.

         (f)   The lighting plan shall be designed by an experienced expert lighting designer who shall certify that the lighting plan conforms with these standards. The detailed lighting plan, luminaire manufacturer's details and illumination diagrams and specifications shall be submitted to the Planning Board for review.

         (g)   The Planning Board may modify the above requirements where there is sufficient evidence said requirements are inapplicable, unnecessary or unreasonable.

(Ord. 945-99, passed 9-13-99; Am. Ord. 266-15, passed 5-11-15)

   Except as specifically set forth in Title 15, the Residential Site Improvement Standards adopted by the State of New Jersey under N.J.S.A. 40:55D-40.4 and N.J.A.C. 5:21-1 through 5:21-8 are hereby adopted as the site improvement standards for residential and non-residential development in the township. Notwithstanding the foregoing, RSIS do not apply where facilities are not available, such as public water and sanitary sewer facilities, or where the proposed development is already served by existing streets. Whether or not deminimus changes from RSIS should be made by the applicant as part of its site plan or subdivision plan application shall be determined by the reviewing board engineer on a case by case basis, with the input of the Township Engineer, and, if necessary, such deminimus changes should be approved by the Department of Community Affairs as the reviewing board engineer and the Township Engineer shall determine.

(Ord. 945-99, passed 9-13-99)

   (A)   All development of lots bordering on the bicycle routes established pursuant to the Voorhees Township Master Plan adopted by the Planning Board on September 23, 1998, as the same may be supplemented, modified or clarified from time to time, shall include the design and construction of such bicycle route in the site plan or subdivision plan submitted for such development.

   (B)   The construction of bicycle routes as required under this Section 154.80 shall comply with the specifications set forth in N.J.A.C. 5:21-4.18, and NJDOT Bicycle Compatible Roadway and Bikeways Planning and Design Guidelines, as the same may be amended, supplemented or superseded.

(Ord. 945-99, passed 9-13-99)

         (a)   The required number of parking spaces is 20 or greater.

         (b)   The open space area to be substituted in lieu of parking spaces shall be designated both as open space and as future reserved parking. In no instance shall the future reserved parking area be included in the calculation used to determine compliance with the township open space provisions.

         (c)   The applicant shall submit a deed restriction, covenant or other suitable instrument which grants to the Planning Board or Zoning Board the right to require, within five years of the final site plan approval, the present or future owner of record to install all or part of the future reserved parking as designated on the approved plan. The appropriate Board may, upon the receipt of a finding of inadequate parking from the Zoning Officer, resolve to require the installation of all or part of the future reserved parking if, in its opinion, the health, safety and general welfare of the pubic shall be promoted.

         (d)   An adequate performance guaranty shall be posted, not to exceed in duration five years from the date of final site plan approval, equal to 120% of the estimated cost of the installation of the future reserved parking as determined by the township or Board Engineer.

         (e)   The deed restriction, covenant or similar instrument and the performance guaranty shall be subject to the approval of the township or Board Solicitor.

         (a)   Commercial, office, industrial and government uses - nine feet wide by 18 feet deep with a clear two feet overhang.

         (b)   Parallel spaces for any use - nine feet by 22 feet wide.

   AISLES

 

 

 

      (5)   Ingress and egress to parking areas. Access to parking areas from pubic streets shall be limited to one per street frontage up to a maximum of two per site, with the following exceptions:

         (a)   Two entrance drives on one public street shall be permitted for lots or premises with frontage in excess of 300 feet, up to a maximum of three per site.

         (b)   Gasoline service stations shall be permitted two entrance drives on one pubic street, up to a maximum of three per site, provided that the center lines of the two entrance drives on one street frontage are not less than 60 feet apart.

      (7)   Landscaping, loading areas. All loading areas shall be landscaped and screened sufficiently to obscure the view of the loading platform or other loading facility from any pubic street, residential use or zone and the front yards of adjacent commercial or industrial use. Such screening may consist of fencing or walls, and shall be in conformance with the landscaping requirements of the Township Code.

      (13)   Traffic islands. Traffic islands shall be provided to separate each parking area of double stacked parking rows from any internal collector drive. The minimum width of the traffic island shall be eight feet. For parking areas in excess of 250 cars, one traffic island, a minimum width of 10 feet, separating the two rows of parking in one parking bay, shall be provided for each four rows in an alternating pattern. Each traffic island shall be landscaped in accordance with township regulations.

         (a)   Trash and recycling shall be enclosed on three sides by masonry walls not less than six feet nor more than eight feet in height and must be compatible with the architectural scheme of the development.

         (b)   The enclosure gates shall be constructed of solid welded steel panels.

         (c)   Landscaping consisting of six foot high evergreen trees shall be installed to screen the perimeter of the masonry walls.

         (d)   Trash and recycling pickup shall only be permitted between the hours of 7:00 a.m. and 10:00 p.m.

(Ord. 945-99, passed 9-13-99; Am. Ord. 24-00, passed 9-11-00)

   (A)   Maximum impervious cover requirements for each Zoning District are described in Chapter 152. The maximums were created to address stormwater management, aesthetic, landscaping/buffering, and passive open space objectives stated in the municipal master plan. The goals and objectives of the master plan can be furthered by allowing for an open space buy-down program whereby a contribution is made to the township by the developer toward the purchase and preservation in perpetuity of passive open space in Voorhees Township. The contribution is made in lieu of meeting a portion of their open space requirement on the site to be developed. The monies contributed are then applied toward the preservation and maintenance of passive open space at higher priority locations in the township.

   (B)   The maximum impervious cover of commercial and industrial sites may be increased from the permitted 60% to an adjusted maximum of 75% subject to township requirements for landscaping, buffering, setbacks and stormwater management as provided in Chapter 152 and 154, and federal and state regulations involving freshwater wetlands and stream encroachment, by the developer paying a cash contribution of $2.00 per each additional square foot of space on site which is treated with an impervious cover. The contribution shall be submitted to the township for deposit into an account dedicated to township passive open space preservation and maintenance.

(Ord. 945-99, passed 9-13-99)

 

      (1)   The applicant must provide for community and recreation uses. This includes but is not limited to public gathering areas and facilities for public activities which are generated or could be by the uses being developed. In addition to providing spaces for these activities, ways and means shall be provided for pedestrian linkages between these uses and the public areas. Acceptable recreation and open space facilities may include but are not limited to jogging and biking paths, interpretive trails, sidewalks, multi-purpose fields, ampitheaters, gazebos, seating areas and plaza.

      (2)   Design and location of these facilities shall be consistent with the overall development. In lieu thereof, the applicant may contribute a sum equal to $2.00 per square foot of the gross floor area for th proposed square footage in the development that is the subject of the application.

(Ord. 85-06, passed 4-24-06)

         (a)   All buildings in a development approved as a single project shall be compatible in design as to facade material, proportionality of features, color and texture.

         (b)   There shall be an apparent change in features, material, color and texture for each separate user or for every 40 feet of the primary facade.

         (c)   The material and design elements used on the front or primary facade shall be replicated on any side or rear elevation visible to the general public from rights-of-way or adjacent properties.

         (d)   No more than two-thirds of the building shall be at the same setback line and the offset shall be at least equal to 10% of the average depth of the building and there shall be two separate breaks for every 100 feet of facade length.

         (e)   The aforementioned design regulations shall apply to all non-residential zones.

         BUFFER. An area within a property or site; generally adjacent to and parallel with the property line, either consisting of existing natural vegetation or created by the use of trees, shrubs, berms, and/or fences, and designed to limit views and sounds from the development tract to adjacent properties and vice versa.

         (a)   The Zoning Map adopted on April 12, 1999 as Ordinance No. 919-99, and any and all amendments thereto adopted from time to time by the Township Committee as required by law, is hereby incorporated herein, and made a part of this Unified Land Development Ordinance (ULDO), as if same were fully set forth herein. In the event of any conflict between this ULDO and the Zoning Map or between the Zoning Map and any ordinance duly adopted as required by law after the effective date of this ULDO, the ULDO or such ordinance, as the case may be, shall govern and control.

         (b)   The Architectural and Design Standards set forth herein shall apply to all parcels, hereafter developed or redeveloped, with access to Route 73.

         (a)   Building layout shall be constructed in a manner to position at least 50% of the building facade along the Route 73 Corridor required front yard building setback.

         (b)   All buildings on corner lots within all zoning districts along the Route 73 right-of-way should be placed proximate to the intersection of the front yard setback lines.

         (c)   Parking may not encompass more than 50% of the lot frontage within 170 feet of the Route 73 right-of-way.

         (d)   Developments with multiple buildings shall be maintained positioning the buildings along Route 73 frontage and provide consistent setback depth as set forth herein.

         (e)   All parking lot or parking areas located along the highway buffer must be screened by a densely planted evergreen hedge with plants three feet in height at the time of planting or a solid masonry wall screen that matches the facade of the building.

         (a)   Shrub, evergreen trees and walls that match the facade shall be used to screen loading docks from the public view. Loading docks shall be positioned in a manner that makes them less visible from the public view. Loading docks shall not be visible from the road. Loading docks shall be consistent in overall appearance with the building. Whenever possible, loading of merchandise should occur through the entrance or exit doors to avoid the construction of loading docks.

         (b)   Trash receptacles and refuse areas shall meet the setback requirements for parking lots and structures. All trash receptacles and refuse areas shall be enclosed with solid walls that match the facade of the building or buildings it serves. Gates and doors that provide access shall compliment the color scheme of the walls. No chain-link doors are permitted. The doors shall be constructed of a solid material like metal or wood. All wall screening refuse areas shall be eight feet in height. Landscaping shall be utilized to soften the appearance of any such wall.

         (a)   Unless otherwise specified herein, all non-residential off-street parking shall be governed by the provisions of § 154.010.

         (b)   Parking shall not occupy more than 50% of the frontage of any parcel and shall be screened to create a defined edge.

         (c)   Ten percent of the area within the parking area (excluding buffers and setbacks) shall be landscaped with evergreen and deciduous trees.

         (d)   For every ten parking spaces, 1.5 trees with a minimum caliper of three inches shall be required.

         (e)   To the greatest extent possible, all existing trees and vegetation shall be maintained.

         (f)   All parking areas that abut Route 73 and/or any other local or county roads shall be screened by a dense evergreen hedge at least three feet in height at the time of planting along the entire length of the parking area. Plants shall be selected to achieve a minimum height of five feet at maturity.

         (g)   No temporary structure may be erected within a parking area without a zoning permit which shall review placement, circulation and access. A sketch showing necessary details and dimensions shall be required.

         (a)   Unless otherwise specified herein, all pedestrian and bicycle facilities shall be governed by the provisions of § 154.009.

         (b)   Pedestrian walkways to building entry(s) shall be prominent, clearly and readily identifiable.

         (c)   A clear and direct pedestrian linkage from parking areas to building entry(s) is required.

         (d)   Pedestrian walkways shall be physically separated from vehicular areas to insure safety at crossings and driveways.

         (e)   Pathways and walkways shall be used to link plazas and gardens and access to all buildings.

         (f)   The use of a variety of enriched textures and paving surfaces for walking surfaces shall be required.

         (g)   Bicycle racks or lockers shall be provided at all shopping and office complexes.

         (h)   Textured pedestrian crosswalks shall be provided from parking areas to all buildings.

         (a)   Lighting fixtures for properties along the Route 73 Corridor shall utilize Hadco Hagerstown fixtures or approved fixtures of similar style. Poles and bollards shall utilize black decorative lamp poles. The pole type shall be Hadco Classic I or approval equal. Concrete foundation pads shall not exceed six inches in height above grade where used to mount the light poles.

         (b)   Along all streets, parking areas, sidewalks and walkways, 12-foot lampposts shall be provided at regular intervals. In parking lot areas, the lampposts may be increased to 16 feet. Use of minimum wattage is recommended to avoid light pollution while still achieving visibility. A 0.9 foot-candle maximum is allowed in parking areas in walkways for non-residential uses. A maximum 0.6 to 0.7 foot-candles measured at the property line is allowed in areas that abut residential zones. House side shields shall be required to reduce lighting spillover. At access drives and at driveway intersections, stronger illumination coverage should be provided for increased visibility and safety.

         (c)   Mounted light fixtures on buildings shall be permitted in order to add to the architectural quality of the building. Such fixtures shall not extend above the roofline and shall be directed downward. Fixture types shall be compatible with the architectural style and appearance of the building.

         (d)   Within the Route 73 buffer area, approved lighting fixtures and other street fixtures should be consistently used.

         (a)   If any portion of the building wall exceeds 100 linear feet, the building wall shall contain roofline offsets. Flat roofs are discouraged but are permitted if they are enclosed with a continuous parapet. All flat roofs shall have an articulated cornice line. A building with a pitched roof is preferred. Permitted roof materials for pitched roofs include: cedar wood shingles; dimensioned asphalt; composite tile; and standing seam copper or anodized aluminum.

         (b)   Special architectural features such as clock towers, bell towers, cupolas and ornamental portions of parapet walls may exceed the height limit by up to ten feet, but shall not encompass more than 10% of the building facade wall. Signage shall not be included within the additional height.

         (a)   Windows, doors display windows, or arcades shall make up at least 50% of building walls that face streets. Windows shall be architecturally attuned with the style, materials, color and details of the building. Upper story windows shall be vertically aligned with windows and doors on the ground level.

         (b)   Only one solid, blank windowless wall or service area is permitted per building. When the construction of a blank wall is absolutely necessary, the facade shall be articulated with false windows, architecturally articulated masonry, or by recessed display window cases.

         (c)   All entrances and doors to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticos, porches, or overhangs. Any such features shall be compatible to the style and color of the building as a whole.

         (a)   Wherever possible, harmonization of colors, consistent with the Corridor's design is preferred. Design features on buildings and the color of signage shall be consistent and compatible.

         (b)   Buildings shall be constructed of full brick, natural stone, stucco, wood or a combination of these materials. Stucco shall have a smooth finish and shall contain some color or pigment. Earth tone colors and white tones shall be used. Colors shall be chosen to be compatible and harmonious. Accent colors may be used to highlight architectural elements.

         (c)   Buildings with multiple storefronts shall be unified through the use of architectural common materials, colors and details.

         (a)   Detention basins and other storm management drainage improvements shall be screened with planting and berms. Such improvements shall be situated in the least visible location in keeping with the natural topography and when possible, to expand the buffers that separate residential and non-residential uses. Detention basins shall not be included in the required buffer area. Detention basin embankments and the basin itself shall be extensively landscaped with wet site tolerant plant materials.

         (b)   The detention facility shall be sized to accommodate the future growth of vegetation planted in the basin. Retention basins shall be designed as a site feature and suitably sited and landscaped. Instead of peripheral fencing, retention/detention basin edges shall be contoured and shaped to form low angles at the primary water line, insuring greater pedestrian safety. If peripheral fencing is required, open fences and gates (conforming to the minimum requirements of the Uniform Construction Code) made of maintenance free materials, such as cast aluminum, in dark or earth tone colors, shall be used as appropriate. Woven wire (chainlink), stockade fences or solid fences shall be prohibited.

(Ord. 42-04, passed 3-8-04; Am. Ord. 85-06, passed 4-24-06; Am. Ord. 110-07, passed 7-9-07; Am. Ord. 266-15, passed 5-11-15)

      (1)   For the purposes of this section the following definitions shall apply:

      (2)   In addition, the specific purposes and intent of this section are to:

         (a)   Reduce the amount of nutrients, sediment, organic matter pesticides, and other harmful substances that reach watercourses, wetlands, subsurface, and surface water bodies by using scientifically-proven processes including filtration, deposition, absorption, adsorption, plant uptake, biodegradation, denitrification and by improving infiltration, encouraging sheet flow, and stabilizing concentrated flows.

         (b)   Improve and maintain the safety, reliability and adequacy of the water supply for domestic, agricultural, commercial, industrial and recreational uses along with sustaining diverse populations of aquatic flora and fauna.

         (c)   Regulate the land use, siting and engineering of all development to be consistent with the intent and objectives of this section, accepted conservation practices, and to work within the carrying capacity of existing natural resources.

         (d)   Assist in the implementation of pertinent state laws concerning erosion and sediment control practices.

         (e)   Conserve the natural features important to land and water resources (e.g., headwater areas, groundwater recharge zones, floodway, floodplain, springs, streams, wetlands, woodlands, prime wildlife habitats) and other features constituting high recreational value or containing amenities that exist on developed and undeveloped land.

         (f)   Work with floodplain, steep slope, and other ordinances that regulate environmentally sensitive areas to minimize hazards to life, property, and stream features.

         (g)   Conserve natural, scenic, and recreation areas within and adjacent to stream areas for the community's benefit.

         STREAM BUFFER CONSERVATION ZONE. Areas surrounding municipally designated surface water bodies, including creeks, lakes and intermittent watercourses that intercept surface water runoff, wastewater, subsurface flow, and/or deep groundwater flows from upland sources and function to remove or buffer the effects of associated nutrients, sediment, organic matter, pesticides, or other pollutants prior to entry into surface waters. This area may also provide wildlife habitat, control water temperature, attenuate flood flow, and provide opportunities for passive recreation. This buffer area may or may not contain trees and other native vegetation at the time of ordinance enactment.

         (a)   The establishment of the Stream Buffer Conservation Zone applies to the following areas which are identified on the municipal Stream Buffer Map:

            1.   Lands adjacent to municipally designated streams within the municipality.

            2.   Lands adjacent to municipally designated intermittent water courses within the municipality.

            3.   Lands at the margins of municipally designated lakes.

         (b)   The measurement of the Stream Buffer Conservation Zone shall extend a minimum of 75 feet from each defined edge of an identified watercourse or surface water body at bankfull flow or level, or shall equal the extent of the 100-year floodplain, whichever is greater. The District will consist of two distinct zones designated as:

               a.   Where steep slopes (in excess of 25%) are located within 25 feet of a municipally designated watercourse, Zone One shall extend the entire distance of this sloped area. If the distance of this sloped area is greater than 75 feet, there will be no requirement for the establishment of Zone Two. If the distance is less than 75 feet, the width of Zone Two will be adjusted so that the total buffer width (Zone One and Zone Two) will be 75 feet maximum.

               a.   Where the 100-year floodplain extends greater than 75 feet from the waterway, Zone One shall remain a minimum of 25 feet wide, and Zone Two shall extend from the outer edge of Zone One to the outer edge of the 100-year floodplain.

               b.   Width determination. The developer, applicant, or designated representative shall be responsible for the initial width determination of the stream buffer and identifying this area on any plan that is submitted to the municipality for subdivision, land development, or other improvements that require plan submissions or permits. This initial determination shall be subject to review and approval by the municipal engineer, governing body, or its appointed representative.

   (C)   Uses permitted in the Stream Buffer Conservation Zone. The following uses are permitted, either by right or after review and approval by the municipality in the Stream Buffer Conservation Zone. However, within any buffer, no construction, development, use, activity, or encroachment shall be permitted unless the activity is described in the Stream Buffer Management Plan, as outlined in division (H) below.

            1.   Wildlife sanctuaries, nature preserves, forest preserves, fishing areas, passive areas of public and private parklands, and reforestation in compliance with the guidelines of the Stream Buffer Management Plan.

            2.   Streambank stabilization in compliance with the guidelines of the Stream Buffer Management Plan.

            1.   Open space uses including wildlife sanctuaries, nature preserves, forest preserves, passive areas of public and private parklands, and recreational trails.

            2.   Reforestation in compliance with the guidelines of the Stream Buffer Management Plan.

            3.   Minimum required front, side, and rear yards on private lots, provided that no yard may extend into Zone Two more than half the distance between the outer boundaries of Zone One and Zone Two.

            4.   Agricultural uses existing at the time of adoption of this section.

            1.   New agricultural uses.

            2.   Buffer crossings by farm vehicles and livestock, roads, railroads, centralized sewer and/or water lines, and public utility transmission lines provided that any disturbance is at a minimum, offset by buffer improvements identified in the Stream Buffer Management Plan.

            3.   Centralized sewer and/or water lines and public utility transmission lines running along the buffer, provided that any disturbance is, at a minimum, offset by buffer improvements identified in the Stream Buffer Management Plan. These lines shall be located as far from Zone One as practical.

            4.   Selective cutting of trees when removal is consistent with approved standards in the Stream Buffer Management Plan.

            5.   Areas such as camps, campgrounds, picnic areas and golf courses. Active recreation areas such as ballfields, playgrounds, and courts provided these uses are designed in a manner that will not permit concentrated flow.

            6.   Naturalized stormwater basins in compliance with the guidelines in the Stream Buffer Management Plan. The entire basin shall be located a minimum of 50 feet from the defined edge of identified watercourses.

      (1)   Clear-cutting of trees and other vegetation.

      (2)   Selective cutting of trees and/or the clearing of other vegetation within Zone One, except where such clearing is necessary to prepare land for a use permitted under division (C)(1) above and where the effects of these actions are mitigated by revegetation, as specified under division (H) below.

      (3)   Selective cutting of trees and/or the clearing of other vegetation within Zone Two, except where such clearing is necessary to prepare land for a use permitted by division (C)(2) above and where the effects of these actions are mitigated by revegetation, as specified under division (H) below.

      (4)   Removal of trees in excess of selective cutting, except where such removal is necessary as a means to eliminate dead, diseased, or hazardous tree stands that jeopardize public safety or as part of a reforestation project, provided that the removal is in compliance with a Stream Buffer Management Plan approved by the municipal engineer, governing body, or its appointed representative.

      (5)   Removal or disturbance of vegetation in a manner that is inconsistent with erosion control and buffer protection.

      (6)   Storage of any hazardous or noxious materials.

      (7)   Use of fertilizers, pesticides, herbicides, and/or other chemicals in excess of prescribed industry standards or the recommendations of the Camden County Conservation District.

      (8)   Roads or driveways, except where permitted as buffer crossings in compliance with division (C)(1)(a)2. or (C)(2)(b)2. above.

      (9)   Motor or wheeled vehicle traffic in any area not designed to accommodate adequately the type and volume.

      (10)   Parking lots.

      (11)   Any type of permanent structure, including fences, except structures needed for a use permitted in division (C) above.

      (12)   Subsurface sewage disposal areas.

      (13)   Sod farming.

      (1)   Existing nonconforming structures or uses within Zones One or Two that are not permitted under division (C) above may be continued but shall not have the existing building footprint or uses expanded or enlarged.

      (2)   Discontinued nonconforming uses may be resumed any time within one year from such discontinuance but not thereafter when showing clear indications of abandonment. No change or resumption shall be permitted that is more detrimental to the Stream Buffer Conservation Zone, as measured against the intent and objectives under division (A) above, than the existing or former nonconforming use.

      (3)   This one-year time frame shall not apply to agricultural uses which are following prescribed best management practices for crop rotation.

      (1)   When a landowner or applicant disputes the Zone (One or Two) boundaries of the stream buffer or the defined edge of a watercourse, surface water body, the landowner or applicant shall submit evidence to the municipality that describes the boundary, presents the landowner or applicant's proposed boundary, and presents all justification for the proposed boundary change.

      (2)   The municipal engineer, governing body or appointed representative shall evaluate all material submitted and shall make a written determination within 45 days, a copy of which shall be submitted to the Voorhees Township Committee and Planning Board, and landowner or applicant.

      (3)   Any party aggrieved by any such determination or other decision or determination under this section may appeal to the Voorhees Township Committee under the provisions this section. The party contesting the location of the district boundary shall have the burden of proof in case of any such appeal.

      (1)   Lands within or adjacent to an identified Stream Buffer Conservation Zone will be inspected by the municipal representative when:

         (a)   A subdivision or land development plan is submitted.

         (b)   (A building permit is requested.)

         (c)   A change or resumption of nonconforming use is proposed.

      (2)   The district may also be inspected periodically by the municipal representatives for compliance with an approved restoration plan, excessive or potentially problematic erosion or at any time when the presence of an unauthorized activity or structure is brought to the attention of municipal officials.

      (2)   The landowner or developer shall submit to the municipal engineer, governing body, or its appointed representative, a Stream Buffer Management Plan prepared by a landscape architect, professional engineer or other qualified professional which fully evaluates the effects of any proposed uses on the Stream Buffer Conservation Zone. The Stream Buffer Management Plan shall identify the existing conditions (vegetation, 100-year floodplain, soils, slopes, etc.), all proposed activities, and all proposed management techniques, including any measures necessary to offset disturbances to the Stream Buffer Conservation Zone. The plan shall be approved by the municipal engineer, governing body, or appointed representative as part of the subdivision and land development process.

      (1)   In Zone One, dominant vegetation shall be composed of a variety of native stream tree, shrub species, tall grasses and appropriate plantings necessary for streambank stabilization.

      (2)   In Zone Two, dominant vegetation shall be composed of stream trees and shrubs, with an emphasis on native species and appropriate plantings necessary to stabilize the soil.

      (3)   Disturbed areas shall be revegetated with stream buffer plants, in compliance with an approved Stream Buffer Management Plan. Areas that cannot be revegetated shall be restored in compliance with an approved Stream Buffer Management Plan.

(Ord. 85-06, passed 4-24-06; Am. Ord. 110-07, passed 7-9-07)

         (a)   This section shall be applicable to all site plans and subdivisions for the following major developments that require preliminary or final site plan or subdivision review:

            1.    Non-residential major developments; and

            2.   Aspects of residential major developments that are not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21.

         (b)   This section shall also be applicable to all major developments undertaken by the Voorhees Township.

         (a)   Development approvals issued pursuant to this section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

         (b)   This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

         (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.

      EMPOWERMENT NEIGHBORHOODS. A neighborhood 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.

         (a)   Treating stormwater runoff through infiltration into subsoil; or

         (b)   Treating stormwater runoff through filtration by vegetation or soil; or

         (c)   Storming stormwater runoff for reuse.

receiving surface water body, also known as subwatershed, which is identified by a 14-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

         (a)   An individual “development,” as well as multiple developments that individually or collectively result in:

            1.   The disturbance of one or more acres of land since February 2, 2004;

            2.   The creation of one-quarter acre or more of “regulated impervious surface” since February 2, 2004;

            3.   The creation of one-quarter acre or more of “regulated motor vehicle surface” since March 2, 2021; or

            4.   A combination of 2. and 3. 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.

         (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.

         (a)   The total area of motor vehicle surface that is currently receiving water;

         (b)   A new 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.

      STORMWATER. 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.

      TIDAL FLOOD HAZARD AREA. A flood hazard area in which the flood elevation resulting from the two-, ten- or 100-year storm, as applicable, is governed by tidal flooding from the Atlantic Ocean. Flooding in a TIDAL FLOOD HAZARD AREA may be contributed to, or influenced by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent of the storm surge from a particular storm event, a flood hazard area may be tidal in the 100-year storm, but fluvial in more frequent storm events.

         (a)   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.

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

         (b)   The minimum standards for groundwater recharge, stormwater quality and stormwater runoff quantity shall be met by incorporating green infrastructure.

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

      (1)   The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with division (J) below.

      (3)   The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of divisions (D)(16), (D)(17) and (D)(18) below.

         (a)   The construction of an underground utility line provided that the disturbed areas are revegetated upon completion; and

         (b)   The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable; and

         (c)   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.

      (4)   A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of divisions (D)(15), (D)(16), (D)(17) and (D)(18) 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:

         (a)   The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means; and

         (b)   The applicant demonstrates through an alternatives analysis, that through the use of nonstructural and structural stormwater management

measures, the option selected complies with the requirements of divisions (D)(15), (D)(16), (D)(17) and (D)(18) to the maximum extent practicable; and

         (c)   The applicant demonstrates that, in order to meet the requirements of divisions (D)(15), (D)(16), (D)(17) and (D)(18) below, existing structures currently in use, such as homes and buildings, would need to be condemned; and

         (d)   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 division (D)(4)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of divisions (D)(15), (D)(16), (D)(17) and (D)(18) below that were not achievable on-site.

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

 

 

 

      (7)   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 township. 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 division (F)(2). Alternative stormwater management measures may be used to satisfy the requirements at division (D)(15) only if the measures meet the definition of green infrastructure at

division (B). Alternative stormwater management measures that function in a similar manner to a BMP listed at division (D)(15)(b) are subject to the contributory drainage area limitation specified at division (D)(15)(b) 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 division (D)(15)(b) shall have a contributory drainage area less than or equal to two and one-half 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 division (D)(4) is granted from division (D)(15).

      (8)   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.

      (9)   Design standards for stormwater management measures are as follows:

         (a)   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);

         (b)   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 division (H)(3);

         (c)   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;

         (d)   Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at division (H); and

         (e)   The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of two and one-half inches in diameter.

      (10)   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 division (B) may be used only under the circumstances described at division (D)(15)(d).

      (12)   If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at divisions (D)(16), (D)(17) and (D)(18) 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.

      (13)   Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Camden County Clerk’s Office. A form of deed notice shall be submitted to the township 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 divisions (D)(15), (D)(16), (D)(17) and (D)(18) 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 division (J)(2)(e). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the township. 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 township is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the township within 180 calendar days of the authorization granted by the township.

      (14)   A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the township, if the township determines that the proposed alteration or replacement meets the design and performance standards pursuant to division (D) of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the township for approval and subsequently recorded with the Camden County Clerk’s Office, and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with division (D)(13) above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the township in accordance with division (D)(13) above.

         (a)   This division (D)(15) specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.

         (b)   To satisfy the groundwater recharge and stormwater runoff quality standards at divisions (D)(16) and (D)(17), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at division (D)(6) and/or an alternative stormwater management measure approved in accordance with division (D)(7). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:

 

 

         (c)   To satisfy the stormwater runoff quantity standards at division (D)(18), the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with division (D)(7).

         (d)   If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with division (D)(4) is granted from the requirements of this division (D)(15), then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with division (D)(7) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at divisions (D)(16), (D)(17)and (D)(18).

         (e)   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 division (D)(15) 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 division (D)(15). Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this division (D)(15), each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at division (D)(16), (D)(17) and (D)(18), unless the project is granted a waiver from strict compliance in accordance with division (D)(4).

         (a)   This division (D)(16) contains the minimum design and performance standards for groundwater recharge as follows:

         (b)   The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at division (E), either:

            1.    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

            2.    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.

         (c)   This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or to projects subject to division (D)(16)(d) below.

         (d)   The following types of stormwater shall not be recharged:

            1.    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

         (a)   This division (D)(17) 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.

         (b)   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:

            1.   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.

            2.   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.

         (c)   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 division (D)(17)(b) 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.

         (d)   The water quality design storm is one and one-quarter 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.

 

 

         (e)   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 - (AXB)/100

            Where:

            R = Total TSS percent load

               removal from application of both BMPs, and

            A = The TSS percent removal rate applicable to the first BMP

            B = The TSS percent removal rate applicable to the second BMP

         (f)   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 divisions (D)(16), (D)(17) and (D)(18).

         (g)   In accordance with the definition of FW1 at N.J.A.C. 7:9B1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.

         (h)   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.

         (i)   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 division (D)(17) 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.

         (j)   This stormwater runoff quality standards do not apply to the construction of one individual single-family dwelling, provide that 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.

         (a)   This division (D)(18) contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.

         (b)   In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at division (E), complete one of the following:

            1.    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;

            2.    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;

            3.   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

            4.   In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with division (D)(18)(b)1., 2., and 3. 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.

         (c)   The stormwater runoff quantity standards shall be applied at the site’s boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.

      (1)   Stormwater runoff shall be calculated in accordance with the following:

         (a)   The design engineer shall calculate runoff using one of the following methods:

            1.   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/lnterne t/FSE DOCUMENTS/stelprdbl044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or

         (b)   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 division (E)(l)(a)l and the Rational and Modified Rational Methods at division (E)(l)(a)2. 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 has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

         (c)   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.

         (d)   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.

            (e)   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.

      (2)   Groundwater recharge may be calculated in accordance with the following: The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/nigs/price lst/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.

         (a)   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 provided in Tables 1, 2, and 3.

      (2)   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, NJ 08625-0420.

         (a)   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:

            1.   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

            2.   A.   A different grate, if each individual clear space in that grate has an area of no more than seven square inches or is no greater than one-half inch across the smallest dimension.

               B.    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.

            3.   For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.

         (b)   The standard in division (G)(1)(a) above does not apply:

            1.   Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than nine square inches;

            2.   A.    Where the township agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;

               B.    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:

                  (i)    A rectangular space four and five-eighths inches long and one and one-half inch wide (this option does not apply for outfall netting facilities); or

                  (ii )   a.   A bar screen having a bar spacing of one-half inch.

                     b.   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)l).

            3.   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

            4.   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.

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

      (2)   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 divisions (H)(3)(a), (H)(3)(b), and (H)(3)(c) for trash racks, overflow grates, and escape provisions at outlet structures.

      (3)   Requirements for trash racks, overflow grates and escape provisions.

         (a)   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:

            1.   The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars.

            2.   The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure.

            3.   The average velocity of flow through a clean trash rack is not to exceed two and one-half 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.

            4.   The trash rack 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.

            5.   The design engineer shall consider shapes and location of trash racks that are lower maintenance and do not impact the functionality of the outlet structure. For example, vertical trash racks or small trash racks in the vicinity of an orifice or weir tend to become obstructed.

         (b)   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:

               1.   The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.

               2.   The overflow grate spacing shall be no less than two inches across the smallest dimension.

               3.   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 squar foot.

               4.   The overflow grates shall be set at least three inches above the highest expected water level as outlined in the design. If the inclusion of the overflow grate cannot be set above the highest expected water level in the design, a trash rack shall be specified instead.

            (c)    Stormwater management basins shall include escape provisions as follows:

               1.   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 reviewing agency identified in division (H)(3), a free-standing outlet structure may be exempted from this requirement.

               2.    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. Such safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately two and one-half feet below the permanent water surface, and the second step shall be located one to one and one-half feet above the permanent water surface. See division (H)(5) below for an illustration of safety ledges in a stormwater management BMP; and

               3.   In new stormwater management basins, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.

   Elevation View-Basin Safety Ledge Configuration

         (a)   Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at division (I)(3) below as part of the submission of the application for approval.

         (b)   The applicant shall demonstrate that the project meets the standards set forth in this section.

         (c)   The applicant shall submit 15 double-sided paper copies and one electronic copy in PDF format of the materials listed in the checklist for site development stormwater plans in accordance with division (I)(3) below.

            1.   Total area to be 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.

            2.   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.

            1.    Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in division (D) above.

            2.   When the proposed stormwater management control measures depend on the hydrologic properties of soils or require a 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.

         (a)   The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.

         (b)   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 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.

         (c)   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.

         (d)    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. If the person responsible for maintenance identified under division (J)(2)(b) above is not a public agency, the maintenance plan and any future revisions based on division (J)(2)(8) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

         (e)   If the party responsible for maintenance identified under division (J)(2)(c) above is not a public agency, the maintenance plan and any future revisions based on division (J)(2)(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

         (f)   Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, and the like) 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.

         (g)   The party responsible for the maintenance identified under division (J)(2)(c) above shall perform all of the following requirements:

            1.   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;

            2.   Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and

            3.   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 divisions (J)(2)(f) and (J)(2)(g) above.

         (h)   The requirements of divisions (J)(2)(c) and (J)(2)(d) above 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.

         (i)   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 or her 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.

      (3)   Nothing in this section 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.

(Ord. 85-06, passed 4-24-06; Am. Ord. 110-07, passed 7-9-07; Am. Ord. 380-21, passed 3-23-21)