text:
Township of Robbinsville, NJ
Part I, Administrative Legislation
Ch 2 Administration of Government
Ch 7 Traffic
Ch 9 Boards, Committees and Commissions
Ch 13 Claims Approval
Ch 17 Court, Municipal
Ch 21 Criminal Background Checks
Ch 25 Defense and Indemnification
Ch 43 Personnel Policies
Ch 46 Police Department Rules and Regulations
Ch 48 Political Contributions
Ch 50 Redevelopment Entity
Ch 52 Retirement
Part II, General Legislation
Ch 66 Alcoholic Beverages
Ch 70 Amusements, Shows and Exhibitions
Ch 85 Buildings, Unfit
Ch 96 Deeds
Ch 101 Drug-Free Zones
Ch 107 Excavations
Ch 114 Firearms
Ch 118 Fire Insurance Claims
Ch 122 Fire Prevention
Ch 126 Flood Hazard Control
Ch 130 Games of Chance; Raffles and Bingo
Ch 134 Garage Sales
Ch 137 Hotel Usage Tax
Ch 139 Jewelry, Precious Metals and Gems
Ch 145 Landlord Registration Certificates
Ch 151 Littering
Ch 162 Newspaper Vending Machines
Ch 174 Parks and Recreational Areas
Ch 180 Peace and Good Order
Ch 192 Records, Public Access to
Ch 196 Rent Control for Mobile Home Dwellings
Ch 200 Sex Offender Residency Restriction
Ch 211 Smoking and Tobacco
Ch 216 Soil Removal and Importation
Ch 220 Solid Waste Management
Ch 237 Towing
Ch 241 Trees
Ch 245 Vehicles, Abandoned
Ch 253 Vehicles, Motor-Driven
Part III, Health Regulations
Ch 270 Food-Handling Establishments
Ch 274 Housing Standards
Ch 279 Nuisances
Ch 283 Sewers and Sewage Disposal
Ch 293 Vending Machines
Ch 297 Wells, Private
Ch A301 Cable Television
Derivation Table
Ch DT Derivation Table
Ch 142 Art V General Provisions and Design Standards
§ 142-33 Accessory structures and uses.
§ 142-33.1 Specific accessory structures and/or uses.
§ 142-34 Appearance of buildings.
§ 142-35 Stormwater management.
§ 142-35.1 Private storm drain inlet retrofitting.
§ 142-35.2 Maintenance of outdoor dumpsters and refuse containers.
§ 142-36 Fences, walls and sight triangles.
§ 142-37 Lighting.
§ 142-38 Lot configuration.
§ 142-39 Natural and cultural resource conservation.
§ 142-40 Nonconforming lots, structures and uses.
§ 142-41 Off-street parking, loading areas and driveways.
§ 142-42 Number of principal buildings per lot.
§ 142-43 Performance standards for all uses.
§ 142-44 Public utilities.
§ 142-45 Sanitary sewers and septic systems.
§ 142-46 Recyclable facilities for multifamily dwellings.
§ 142-47 Landscaping and landscape architecture.
§ 142-48 Signs.
§ 142-49 Streets, curbs and sidewalks.
§ 142-50 Mausoleums and columbariums.
§ 142-51 Swimming pools.
§ 142-52 Tennis courts.
§ 142-53 Water supply and fire protection.
§ 142-54 Yards.
§ 142-55 Trailer bodies used for storage.
§ 142-56 Antennas and towers.
§ 142-57 Stream corridor buffers.
New Laws (0) Index Notes
Agendas Budgets Legislation Minutes Misc. Documents
Township of Robbinsville, NJ / Land Use / Land Use
Article V General Provisions and Design Standards
The following regulations are in addition to those set forth in Article IV pertaining to the height and location of accessory buildings within each zone district:
General requirements.
Any accessory building or structure attached to a principal building shall be considered part of the principal building for the purpose of determining setbacks when: a) attached by any means to the principal building; or b) greater than 100 square feet and located within five feet of the principal building, and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings or structure.
Accessory buildings shall not be constructed on any lot prior to the principal building except for qualified farm uses. No building permit shall be issued for the construction of an accessory building prior to the issuance of a building permit for the construction of the principal building upon the same premises. If construction of the principal building does not precede or coincide with construction of the accessory building, the Construction Official shall revoke the construction permit for the accessory building until construction of the principal building has proceeded substantially toward completion.
[Amended 2-23-2012 by Ord. No. 2012-1]
The following requirements shall apply in all residential zones:
No accessory building shall be used as a dwelling unit or for the conduct of a home occupation.
No accessory building shall have floor or ground area in excess of 576 square feet, nor shall any dimension be longer than 24 feet.
Except as specifically permitted elsewhere in this article, no accessory building or structure shall exceed 15 feet in height.
Except as specifically permitted elsewhere in this article, no accessory building or structure shall be permitted in any front yard.
[Amended 12-5-2018 by Ord. No. 2018-37]
Accessory structures such as garages, sheds and gazebos shall not be located less than the minimum requirements for accessory buildings permitted in that zone district.
[Amended 11-14-2012 by Ord. No. 2012-19; 12-5-2018 by Ord. No. 2018-37]
Accessory structures such as gym or play sets, play houses, or other active structures shall not be located less than 15 feet from the rear or side property lines. The term "other active structures," as used herein, does not include recreational sports equipment such as portable and nonportable basketball systems (including poles, frames, and backboards), baseball/softball nets, and/or screens of similar type intended for use in conjunction with driveways. All accessory structures are prohibited between any part of the front building facade and the right-of-way.
Patios, decks, swimming pools, tennis courts, and other accessory structures shall be included when calculating impervious coverage.
The following requirements shall apply in all nonresidential zones, except that Subsection C(1), (2) and (4) below are not applicable to the PCD Zoning District:
Except as specifically permitted elsewhere in this article, no accessory building or structure shall exceed 15 feet or be more than one story in height.
No accessory building or structure shall be permitted in any front yard.
Accessory buildings may be built within the side yard if the distance from any such accessory building to the side lot line is equal to or greater than the distance of the side yard setback required for the principal building.
Aboveground storage tanks for combustible, flammable or other hazardous liquids are prohibited.
No accessory structure shall be closer than 10 feet to a principal structure, unless it is attached to such principal or other structure.
Accessory structures and uses shall comply with all applicable area, bulk, and yard regulations.
Poultry or livestock shelter. If ponies, horses, cows, sheep, fowl or other farm livestock are kept on any property as provided in Article IV, then in that event a building for the shelter and care of the animals shall be provided, and the building shall not be located closer than 100 feet to any property or street right-of-way line or any dwelling on the same lot.
The accessory uses and structures specifically mentioned below are subject to the following additional requirements:
Attached decks and terraces must meet the required yard setbacks for principal buildings. Attached patios may encroach into the required yard by no more than 10 feet.
Commercial vehicles, tractors and mechanized equipment. Commercial vehicles, tractors, trailers, mechanized equipment and similar vehicles and equipment shall not be parked or stored in any zone, except as follows:
One such commercial vehicle and associated equipment may be stored in an enclosed garage provided that such vehicle, machinery, trailer or equipment is directly related to the business or is used by the resident of the property.
One commercial vehicle, tractor, piece of construction machinery or equipment less than 26 feet in length may be kept on site, provided that such vehicle, machinery, trailer or equipment is directly related to the business or use of the property.
Equipment and machinery used in connection with the construction, alteration, removal or demolition of any buildings or structure or the excavation of any land shall be permitted to stand upon the premises where such work is being undertaken and while the same is continuing and ongoing.
Home occupation.
Accessory use regulations; home-based businesses. It is the intent of this subsection to regulate the operation of home-based businesses so that a neighbor, under normal circumstances, will be largely unaware of the adjacent home-based business, and that the same shall operate without interference with neighboring residential uses other than the presence of a permitted sign.
As used in this Subsection C, the following term shall have the meaning indicated:
Any business which is customarily, in whole or in part, conducted within a residence, or an aspect of a business located at another site, which is consistent with the activities of a business which could otherwise be customarily conducted within or attendant to a residence and which receives its mail at the residential address. It shall not include, however, the operation of a law, medical, chiropractic, or accounting office; or any business which would involve customers or clients coming to the home.
Criteria for home-based businesses applicable to all zone districts.
The aggregate area devoted to a home-based business shall not exceed 10% of the gross floor area of the home, excluding the garage. Where required, a home-based business shall comply with all provisions of the Americans with Disabilities Act.
No more than one business may be conducted in any residence or on any residential property.
A maximum of one person other than related members of the immediate family occupying the residence shall be employed within the residence or on the property. For those home-based businesses where the individuals are not employed within the residence, but who perform employment-related activities which are based out of the residence, there shall be a maximum of one employee for every acre of property with a maximum of five employees on properties over five acres. There shall be sufficient off-street parking, as determined by the Technical Review Committee, available to accommodate the vehicles of all employees. However, at no time should the amount of off-street parking required alter the residential character of the neighborhood.
No newspaper, periodical, or telephone directory advertising or identifying the location of the business shall be permitted.
No noise shall be generated from the home-based business which might interfere with the quiet enjoyment of neighboring residential property owners. No noise exceeding the standards of the ordinances of the Township, specifically § 142-43F, shall be permitted.
No use shall involve construction features or the use of electrical or mechanical equipment that would change the fire rating of any structure on the property.
No firearms may be used in conjunction with any home-based business, nor shall any home-based business be permitted which involves the repair or reconditioning of firearms.
Any increase in vehicular traffic or on-street parking caused by a home-based business, which in the opinion of the Zoning Officer of the Township is inconsistent with the information supplied to the Township regarding the intended conduct of the business and/or creates a nuisance to the neighborhood in which the business is located, may be grounds for the revocation of the home-based-business permit and cause application to the Zoning Board of Adjustment for the continued operation of the same.
A business use which is not otherwise permitted as a principal use in any zone districts of the Township shall not be permitted as a home-based business.
Criteria for home-based businesses applicable to properties located in the RR Zone District.
Any uses which are agricultural or agriculturally related and are proposed for property which has been qualified for farmland exemption and otherwise meet the criteria established in Subsection C(1)(c)[2] hereof are permitted.
Any uses which are not specifically prohibited as set forth in Subsections C(1)(c)[4] and C(1)(b)[9] hereof and which otherwise meet the criteria established in Subsection C(1)(b) hereof are permitted, provided any nonresidential use of the property is conducted in an area buffered by 100 feet from all property lines and within an area which does not exceed 30,000 contiguous square feet of building, outdoor storage and/or impervious or stone paving area improvements, which area is defined by a fence or other enclosures including an appropriate landscape screen.
No advertising of the business may occur on the property other than the installation of an identification sign, not to exceed 144 square inches, which may be freestanding but set back out of any rights-of-way or sight triangles.
Home-based business uses prohibited in the RR Zone District:
No retail use except for the sale of agricultural products, at least 50% of which are grown on the subject property or lands actively farmed or cultivated by the operator of the home-based business; or for the sale of goods or items made on the property or offered for sale in conjunction with goods or items made on the property by the operator of the home-based business.
No automotive or equipment sale, storage or salvage.
No truck or trailer forwarding or storage.
No business principally involving the reconstruction, manufacture, storage or assembly of equipment or parts conducted outdoors.
No business involving the storage of pesticides, herbicides or chemicals for retail sale or use in relation to a business engaged in providing application of such material.
No business involving any storage of toxic or hazardous materials except when same are stored in conjunction with any agricultural business either conducted on the property or by a resident of the property who operates an agricultural business on the property or elsewhere in the Township.
Criteria for home-based businesses applicable to all residential districts other than the RR Zone District.
Businesses which are prohibited from operating as a home-based business pursuant to Subsection C(1)(b)[9] or C(1)(c)[4] hereof or for which customers or clients are required to come to the residence to conduct business are prohibited unless such home-based business receives approval from the Zoning Board of Adjustment.
There shall be sufficient off-street parking to accommodate the vehicles of all employees. The Zoning Officer or appropriate land use board shall determine whether the parking area should be made of stone or paved material depending on the particular circumstances of the business and location of the property.
No external display or storage of goods, material, or equipment or the conduct of any outdoor activity may be conducted on the premises. No advertising of the business shall be permitted on the property other than the installation of a nonilluminated identification sign, which shall not exceed 144 square inches, and which may be affixed to the house. No external illumination focused on such sign shall be permitted.
The home-based business shall generate no air pollution, including noxious odors, or water pollution, electrical, or communications interference. No equipment shall be used in the home-based business which creates noise, vibration, glare, fumes, odors or electrical or communications interference to or with neighboring properties.
No use shall require external alterations to the dwelling unit or the site upon which it is located other than for the provision of adequate parking.
No vehicles other than automobiles or other customary family use vehicles or those vehicles which are classified as Class C vehicles as established by FHWA (Section 383-91) shall be permitted to be parked on the property if the same is less than two acres in total area. Class C trucks, including but not limited to limousines and buses, as described in the "Commercial Drivers Manual," are prohibited. No home-based business vehicle or trailer may be used for permanent or temporary storage of any type. Only one home-based business vehicle as permitted herein may be parked at the subject property for every acre of land.
Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express, or other similar delivery services providing regular service to residential uses in the zone district.
Two-story buildings may be utilized in conjunction with an approved home-based-business use, provided they meet the general requirements of the zone district as to size and location restrictions, or have been the subject of variance approval from the appropriate land use board. Should the owner-operator of a home-based business seek permission to construct an accessory building on its property for use in connection with said business, the use shall be disclosed to the Zoning Officer, and where appropriate to the designated land use board, which shall be authorized to impose appropriate restrictions on the use or impact of said building on the neighboring properties.
Accessory buildings may be utilized in conjunction with an approved home-based-business use, provided they meet the general requirements of the zone district as to size and location restrictions, or have been the subject of variance approval from the appropriate land use board. Should the owner-operator of a home-based business seek permission to construct an accessory building on its property for use in connection with said business, the use shall be disclosed to the Zoning Officer and where appropriate to the designated land use board, which shall be authorized to impose appropriate restrictions on the use or impact of said building on the neighboring properties.
The business must be serviceable by residential garbage collection.
Prior to conducting a home-based business, a property owner shall apply for and receive a zoning permit from the Robbinsville Township Zoning Officer. As part of the application, the applicant shall submit the following information and material:
A copy of a survey of the property prepared within five years of the date of application which accurately depicts the location of the principal structure, accessory structures and off-street parking areas as they existed at that time. At the time of application, an affidavit certifying that the survey is accurate at the time of filing the application will be provided by the Township and signed by the applicant. If any external improvements have been made to the property since the last survey performed by a licensed surveyor, the applicant shall be required to provide an updated survey prepared by a licensed surveyor.
A sketch of the floor plan of the house for each floor of the house shall be provided and drawn to scale. The plans shall label the use and size of each room throughout the house. The area to be dedicated to the home-based business shall be clearly marked on the plans.
A narrative description of the business use to be conducted on the property attesting to the applicant's ability to adhere to the conditions as set forth below shall be provided and properly notarized. The description shall also indicate the applicant's permission to permit inspection by the appropriate Township officials at the time of application and shall also include a right of entry to permit future inspections as may be required from time to time as a result of complaints or information submitted to Township officials indicating a deviation from the description provided pursuant hereto or from the provisions of this subsection.
If the home-based business is operated by a residential tenant of the property, the property owner of record shall consent in writing to the application.
Certain home-based businesses in existence at the time of adoption of this subsection may be deemed a lawfully created home-based business and entitled to protection as such if they meet the following criteria:
The business has existed in its present location for a continuous period of at least two years dating back to January 1, 2000.
The owner-operator has filed a completed application and a survey of the property prepared within five years of the date of the application which accurately indicates the location of the principal structure, accessory structures and off-street parking areas as they existed at that time and paid a fee of $50 on or before December 31, 2002.
If the property is located in the RR Zone District, it complies with the requirements of Subsection C(1)(c) hereof.
If the property is located within any residential district other than the RR Zone District, the application is reviewed by the Township Technical Review Committee as established by § 142-76, which determines that the continued operation of the business does not create any negative impact on the surrounding neighborhood inclusive of noise impacts. The Technical Review Committee shall conduct an administrative review of the application, at which time it may require testimony in support of the application or any additional documentary evidence, including production of affidavits of the owner/occupant, which it deems relevant to its review of the application. Should the Technical Review Committee deem the continued use of the property as a home-based business reasonable, it may impose conditions on the continued use which will be deemed binding on the owner/occupant.
Any owner/occupant of a property on which a home-based business is operated who is denied a permit to continue operation pursuant to Subsection C(1)(f) hereof, or is not approved subject to condition(s) imposed by the Technical Review Committee pursuant to Subsection C(1)(f)[4] hereof, shall be required to obtain approval from the Zoning Board of Adjustment of the Township to continue its operation.
Any property owner or tenant seeking to operate a home-based business on any property located in the Township who has not filed a completed application on or before December 31, 2002, shall apply for and receive an approval prior to the commencement of operation of the business by submitting a completed application and payment of a fee of $50 to the Zoning Officer of the Township.
Upon the sale or conveyance of any property upon which a home-based business is conducted or the sale or transfer of ownership of any business which has been established as a home-based business, the new property or business owner shall be responsible for receiving approval for the continued use of the property and/or business as a home-based business.
Any property owner who fails to abide by the provisions of this subsection shall be subject to fines and penalties as established in § 142-94.
Detailed accessory use regulations; private stables.
The minimum lot area shall be 200,000 square feet for two or more horses (includes horses, ponies, mules, donkeys, and other animals used for riding). The minimum lot area shall be 100,000 square feet when only one horse is kept.
When horses are fed by grazing on pasture (at least one season of the year), there shall be 100,000 square feet of pasture per horse if a single pasture is provided or 80,000 square feet of pasture per horse if two pasture areas are rotated.
When horses are not pastured but are fed indoors or in a dry lot, no minimum pasture area per horse shall be required.
If horses are kept inside a building, one stall shall be provided for each horse, a tie down stall shall be a minimum of 10 feet by 10 feet.
The following minimum setbacks shall be provided:
Stables, corrals, and piles of manure, feed, and bedding shall be located 75 feet from any street or nonresidential lot line and 100 feet from any residential lot line, in order to minimize odor and nuisance problems. Pasture may extend to the lot line; however, when all of the runoff from a corral or exercise area is controlled and directed over a two-hundred-foot-long grass swale before reaching the property line, the corral or unvegetated exercise area may be located a minimum of 40 feet from any street or lot line. Nothing in this subsection shall exempt a use from compliance with this chapter.
Manure piles shall be stored, removed, or applied in accordance with Robbinsville's Health Department regulations; however, manure shall not be applied on land that is closer than 100 feet to a residential lot line.
A one-hundred-foot-wide area of vegetation cover, exclusive of pasture area, shall be maintained between any corral, unvegetated exercise area, manure pile, or application area and any surface water or well, in order to minimize runoff, prevent erosion and promote quick nitrogen absorption. Nothing in this subsection shall exempt a use from compliance with this chapter.
In areas with a slope of 5% or less, corrals, unvegetated exercise areas, and manure piles shall be 150 feet from any surface water, unless the water is upgraded or there is adequate diking to comply with the Township of Robbinsville's Health Department standards.
Corrals, unvegetated exercise areas, manure piles, and manure application are prohibited in areas with slopes greater than 5%, in ten-year floodplains, in waterways, and on soils classified as very poorly drained by the Soil Conservation Service Soil Survey for Mercer County, New Jersey, January 1972. These soils include Othello, Plummer, Alluvial, Bowmansville and Plummer.
Manure shall not be allowed closer than 75 feet to a well or to any surface water, unless the water is upgraded or there is adequate diking to comply with Robbinsville's Health Department standards.
Special events, such as shows, exhibitions, and contests, shall only be permitted when a zoning permit has been granted.
Detailed accessory use regulations; private swimming pools and tennis courts.
Pools and courts, including but not limited to aprons, walls, and equipment rooms, shall not protrude into any required yard.
They shall be fenced or otherwise protected against intrusion.
They shall not be operated as a business or a private club.
Mobile dwelling, trailer and recreational equipment.
Mobile dwelling, trailer and recreational vehicles (excepting conventional passenger automobiles) whether self-propelled, towed, truck-mounted or licensed as a passenger vehicle, which include but are not limited to all sizes and descriptions of trailers, campers, boats, and buses, shall not be parked outdoors in any zone except that a resident may park such vehicle on said resident's driveway for a period not to exceed 24 hours for the purpose of loading or unloading such vehicle. Upon registration with the Police Department, permission for temporary parking of the above vehicles may be granted for a period not to exceed seven days to non-Township residents, provided such vehicles are not occupied while parked on the subject premises.
The approving authority may, upon application by the owner and notice to all property owners within 200 feet, waive the prohibition set forth in the preceding paragraph and allow parking of said vehicles in the side yard, rear yard or buildable area provided said vehicle is effectively screened from view of adjoining properties and public right-of-way by a privacy-type fence and/or evergreen shrubbery planted on five-foot centers having a minimum height of four feet or 2/3 the height of said vehicle, whichever is greater, or equivalent screening approved by the approving authority provided said vehicles are not occupied while parked on the subject premises.
Swimming pools: see § 142-51.
Satellite dish antennas as defined in § 142-7 shall be a permitted accessory use when located in the rear yard, side yard or on the roof of a principal building.
General requirements. Satellite dish antennas proposed to be constructed and operated within Robbinsville Township shall comply with all the following general requirements:
There shall be no limitation on the number of satellite dishes per principal structure for satellite dishes measuring one meter or less, and each satellite dish, regardless of size, shall be used solely for the use of such structure. No satellite dish shall be placed on a lot without a principal structure.
There shall be a maximum of one satellite dish per principal structure for any satellite dish that exceeds one meter in size, and each satellite dish, regardless of size, shall be solely for the use of such structure. No satellite dish shall be placed on a lot without a principal structure.
Ground-mounted satellite dish antennas shall be not more than 12 feet in diameter and no higher than 13 feet from the base, including the stand, to the highest point of its outer circumference, with any extensions.
Roof-mounted satellite dish antennas shall not exceed 12 feet in diameter.
The satellite dish shall contain no lettering, advertising or identification markings, other than name of manufacturer or vendor responsible for its installation.
No satellite dish antenna shall be constructed or installed without a construction permit.
Satellite dish antennas shall not be permitted within front yards.
Design and location. Minimum standards for the design and location of the satellite dish shall be as follows:
Rear yard.
Satellite dishes located in the rear yard shall observe the minimum setbacks required for accessory structures within the zone district. The setback shall be measured to the closest point of the satellite dish structure.
All wiring to and from the dish shall be placed underground.
Side yard.
The satellite dish must be at least five feet away from the principal structure, 10 feet away from any side property line and 50 feet from the front street line. The setback shall be measured to the closest point of the satellite dish structure.
All wiring to and from the dish shall be placed underground:
Rooftop.
Where practical, the satellite dish shall be placed on the rear portion of the roof.
The maximum height of the satellite dish antenna shall not extend higher than the highest point of the roof to which it is attached on structures, except where roofs are flat. The administrative officer shall review applications for flat-roof installations to ensure that the location of the satellite dish is such that visibility from residential properties is minimized.
Pole-mounted satellite dish antennas.
Pole-mounted dish antennas are permitted to be higher than 13 feet when attached to the rear facade of the principal structure.
The maximum height of the satellite dish antenna shall not extend higher than the highest point of the roof of the principal structure, except where roofs are flat. The administrative officer shall review applications for flat-roof installations to ensure that the location of the satellite dish is such that visibility from residential properties is minimized.
Waivers. Where satellite dish antenna installation in conformance with the terms of this section precludes reception of signals from the servicing satellite, the administrative officer shall grant a waiver of the requirements of this section which shall be no more than necessary to enable reception of signals from the servicing satellite.
Application for waiver shall be by written request to the administrative officer, specifying the location on the premises in question where the applicant will install the satellite dish antenna.
The waiver application shall include a certification by an authorized installer containing the statement that the requirements of this section have been analyzed, and that the satellite dish antenna cannot receive signals from the servicing satellite if installed in conformance with this section.
The administrative officer may undertake the appropriate investigation in connection with any waiver application.
Except as provided in this chapter, not more than one construction permit shall hereafter be issued for any dwelling to be erected in a housing development consisting of two or more houses if it is substantially alike in exterior design and appearance with any neighboring dwelling situated on the same or opposite sides of the street within 150 feet of a dwelling then in existence or for which a construction permit has been issued or is pending. The distance herein specified shall be construed to mean the distance between the street property lines of the respective properties.
Houses within such specified distance from each other shall be considered uniform in exterior design and appearance if they have any two of the following characteristics:
The same basic dimensions and floor plans are used without substantial differentiation of one or more exterior elevations.
The height and design of the roofs are without substantial change in design and appearance.
The size and type of windows and doors in the front elevation are without substantial differentiation.
In addition, there shall be not less than three separate basic house designs in every housing development consisting of eight or less houses; not less than four basic house designs in every housing development consisting of 15 or less houses; not less than six basic house designs in every housing development consisting of 50 or less houses; not less than eight basic house designs in every housing development consisting of 77 or less houses; and not less than 10 basic house designs in every housing development consisting of 78 or more houses.
To ensure conformity with the provisions of this chapter, floor plans for all floors and elevations of all sides of buildings shall be submitted with application for all residential zones.
New buildings shall attempt to replicate the scale, modulation, detailing and materials of adjacent buildings if those buildings have an identifiable positive architectural quality.
To ensure conformity with the provisions of this chapter, no construction permit shall hereafter be issued for more than one dwelling in any housing development until the builder shall post or cause to be posted, on each specific lot on the map of the subdivision on file with the Construction Official, the type and model of each house for which a construction permit has been or is being issued.
The provisions, requirements and standards heretofore set forth shall not be considered met where there is an attempt to make minor changes or deviations from building plans and location surveys, which changes show an obvious intent to circumvent the purpose of this section.
The Planning Board has the right to divert from Subsection A above.
Scope and purpose.
Policy statement. Flood control, groundwater recharge, and pollutant reduction through nonstructural or low-impact techniques shall be explored before relying on structural BMPs. Structural BMPs should be integrated with nonstructural stormwater management strategies and proper maintenance plans. Nonstructural strategies include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater. Source control plans should be developed based upon physical site conditions and the origin, nature, and the anticipated quantity or amount of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.
Purpose. It is the purpose of this section to establish minimum stormwater management requirements and controls for "major development," as defined in Subsection B.
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:
Nonresidential major developments; and
Aspects of residential major developments that are not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21.
This section shall also be applicable to all major developments undertaken by Robbinsville Township.
Compatibility with other permit and ordinance requirements. Development approvals issued for subdivisions and site plans pursuant to this section are to be considered an integral part of development approvals under the subdivision and site plan review process 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. 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. For purposes of stormwater control, the requirements stipulated in this section shall supersede any other references or standards applying to stormwater management found elsewhere in the Robbinsville Township Code, including but not limited to the following sections: Chapter 142, Section 35, of the Development Regulations, entitled "Stormwater management."
Definitions. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2, unless modified specifically for Robbinsville Township:
The increase in soil bulk density.
A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY
An agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
A county planning agency; or
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.
The New Jersey Department of Environmental Protection.
DESIGNATED CENTER
A State Development and Redevelopment Plan Center as designated by the State Planning Commission, such as urban, regional, town, village, or hamlet.
A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural lands, "development" means: any activity that requires a state permit; any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
DRAINAGE AREA
A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
EMPOWERMENT NEIGHBORHOOD
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.
ENVIRONMENTALLY CRITICAL AREA
An area or feature which is of significant environmental value, including but not limited to: stream corridors; natural heritage priority sites; habitats of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
MAJOR DEVELOPMENT
Any development that provides for ultimately disturbing more than one acre of land or increasing impervious cover by 0.25 acre or more. "Disturbance" for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.
Robbinsville Township.
An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm, association, Robbinsville Township, or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur or has occurred.
All unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.
STATE PLAN POLICY MAP
The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BASIN
An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
TIDAL FLOOD HAZARD AREA
A flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONE
A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.
URBAN REDEVELOPMENT AREA
Previously developed portions of areas:
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
Designated as CAFRA Centers, Cores or Nodes;
Designated as Urban Enterprise Zones; and
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS or WETLAND
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."
General standards.
Design and performance standards for stormwater management measures.
Stormwater management measures for major development shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards in Subsection D. To the maximum extent practicable, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.
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.
Stormwater management requirements for major development.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection J.
Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsection D(6) and (7).
The construction of an underground utility line, provided that the disturbed areas are revegetated upon completion;
The construction of an aboveground utility line, provided that the existing conditions are maintained to the maximum extent practicable; and
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.
A waiver from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsection D(6) and (7) 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:
The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;
The applicant demonstrates through an alternatives analysis that, through the use of nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of Subsection D(6) and (7) to the maximum extent practicable;
The applicant demonstrates that, in order to meet the requirements of Subsection D(6) and (7), existing structures currently in use, such as homes and buildings, would need to be condemned; and
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(4)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection D(6) and (7) that were not achievable on site.
Nonstructural stormwater management strategies.
To the maximum extent practicable, the standards in Subsection D(6) and (7) shall be met by incorporating nonstructural stormwater management strategies set forth at Subsection D(5) into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management measures identified in Subsection D(5)(b) below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.
Nonstructural stormwater management strategies incorporated into site design shall:
Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;
Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces;
Maximize the protection of natural drainage features and vegetation;
Minimize the decrease in the time of concentration from preconstruction to postconstruction. "Time of concentration" is defined as the time it takes for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed;
Minimize land disturbance including clearing and grading;
Minimize soil compaction;
Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers and pesticides;
Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas;
Provide other source controls to prevent or minimize the use or exposure of pollutants at the site, in order to prevent or minimize the release of those pollutants into stormwater runoff. Such source controls include, but are not limited to:
Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy Subsection D(5)(c) below;
Site design features that help to prevent discharge of trash and debris from drainage systems;
Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and
When establishing vegetation after land disturbance, applying fertilizer in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.
Site design features identified under Subsection D(5)(b)[9][b] above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection D(5)(c)[3] below.
Design engineers shall use either 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:
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 (April 1996); or
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inch across the smallest dimension.
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 basin floors.
Whenever design engineers use a curb-opening inlet, 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.
This standard does not apply:
Where the review agency determines that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
Where flows from the water quality design storm as specified in Subsection D(7)(a) are conveyed through any device (e.g., end-of-pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
A bar screen having a bar spacing of 0.5 inch.
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 Subsection D(7)(a); or
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.
Any land area used as a nonstructural stormwater management measure to meet the performance standards in Subsection D(6) and (7) shall be dedicated to a government agency, subjected to a conservation restriction filed with the appropriate county clerk's office, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the reviewing agency is maintained in perpetuity.
Guidance for nonstructural stormwater management strategies is available in the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in Subsection G, or found on the Department's website at www.njstormwater.org.
Erosion control, groundwater recharge and runoff quantity standards.
This subsection contains minimum design and performance standards to control erosion, encourage and control infiltration and groundwater recharge, and control stormwater runoff quantity impacts of major development.
The minimum design and performance standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.
The minimum design and performance standards for groundwater recharge are as follows:
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:
Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual preconstruction groundwater recharge volume for the site; or
Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from preconstruction to postconstruction for the two-year storm is infiltrated.
This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or to projects subject to Subsection D(6)(a)[2][c] below.
The following types of stormwater shall not be recharged:
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
Industrial stormwater exposed to source material. "Source material" means any material(s) or machinery located at an industrial facility that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.
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 and other subsurface structures in the vicinity or downgradient of the groundwater recharge area.
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection E, complete one of the following:
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, postconstruction runoff hydrographs for the two-, ten-, and one-hundred-year storm events do not exceed, at any point in time, the preconstruction runoff hydrographs for the same storm events;
Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the preconstruction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten-, and one-hundred-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;
Design stormwater management measures so that the postconstruction peak runoff rates for the two-, ten-, and one-hundred-year storm events are 50%, 75% and 80%, respectively, of the preconstruction peak runoff rates. The percentages apply only to the postconstruction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed. The percentages shall not be applied to postconstruction stormwater runoff into tidal flood hazard areas if the increased volume of stormwater runoff will not increase flood damages below the point of discharge; or
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection D(6)(a)[3][a], [b] and [c] above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.
Any application for a new agricultural development that meets the definition of major development at Subsection B shall be submitted to the appropriate soil conservation district for review and approval in accordance with the requirements of this section and any applicable soil conservation district guidelines for stormwater runoff quantity and erosion control. For the purposes of this section, "agricultural development" means land uses normally associated with the production of food, fiber and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacturing of agriculturally related products.
Stormwater runoff quality standards.
Stormwater management measures shall be designed to reduce the postconstruction load of total suspended solids (TSS) in stormwater runoff by 80% of the anticipated load from the developed site, expressed as an annual average. Stormwater management measures shall only be required for water quality control if an additional 1/4 acre of impervious surface is being proposed on a development site. 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. The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 1. The calculation of the volume of runoff may take into account the implementation of nonstructural and structural stormwater management measures.
(minutes)
Cumulative Rainfall
For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in Subsection G, or found on the Department's website at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in Subsection G. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be provided to the Department at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, P.O. Box 418, Trenton, New Jersey 08625-0418.
Table 2: TSS Removal Rates for BMPs
Best Management Practice
TSS Percent Removal Rate
Bioretention systems
Constructed stormwater wetland
Extended detention basin
Infiltration structure
Manufactured treatment device
See Subsection F(3)
Vegetative filter strip
Wet pond
If more than one BMP in series is necessary to achieve the required eighty-percent TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:
R = A + B - (AXB)/100
Total TSS percent load removal from application of both BMPs
The TSS percent removal rate applicable to the first BMP
The TSS percent removal rate applicable to the second BMP
If there is more than one on-site drainage area, the eighty-percent TSS removal rate shall apply to each drainage area, unless the runoff from the subareas converge on site, in which case the removal rate can be demonstrated through a calculation using a weighted average.
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the postconstruction 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 nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in Subsection D(6) and (7).
Additional information and examples are contained in the New Jersey Stormwater Best Management Practices Manual, which may be obtained from the address identified in Subsection G.
In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.
Special water resource protection areas shall be established along all waters designated Category One at N.J.A.C. 7:9B, and perennial or intermittent streams that drain into or upstream of the Category One waters as shown on the USGS Quadrangle Maps or in the County Soil Surveys, within the associated HUC14 drainage area. These areas shall be established for the protection of water quality, aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, and exceptional fisheries significance of those established Category One waters. These areas shall be designated and protected as follows:
The applicant shall preserve and maintain a special water resource protection area in accordance with one of the following:
A three-hundred-foot special water resource protection area shall be provided on each side of the waterway, measured perpendicular to the waterway from the top of the bank outwards or from the center line of the waterway where the bank is not defined, consisting of existing vegetation or vegetation allowed to follow natural succession.
Encroachment within the designated special water resource protection area under Subsection D(7)(h)[1][a] above shall only be allowed where previous development or disturbance has occurred (for example, active agricultural use, parking area or maintained lawn area). The encroachment shall only be allowed where applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable. In no case shall the remaining special water resource protection area be reduced to less than 150 feet as measured perpendicular to the top-of-bank of the waterway or center line of the waterway where the bank is undefined. All encroachments proposed under this subsection shall be subject to review and approval by the Department.
All stormwater shall be discharged outside of and flow through the special water resource protection area and shall comply with the standard for off-site stability in the Standards for Soil Erosion and Sediment Control in New Jersey, established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
If stormwater discharged outside of and flowing through the special water resource protection area cannot comply with the standard for off-site stability in the Standards for Soil Erosion and Sediment Control in New Jersey, established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., then the stabilization measures in accordance with the requirements of the above standards may be placed within the special water resource protection area, provided that:
Stabilization measures shall not be placed within 150 feet of the Category One waterway;
Stormwater associated with discharges allowed by this section shall achieve a ninety-five-percent TSS postconstruction removal rate;
Temperature shall be addressed to ensure no impact on the receiving waterway;
The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable;
A conceptual project design meeting shall be held with the appropriate Department staff and Soil Conservation District staff to identify necessary stabilization measures; and
All encroachments proposed under this section shall be subject to review and approval by the Department.
A stream corridor protection plan may be developed by a regional stormwater management planning committee as an element of a regional stormwater management plan, or by a municipality through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject to Subsection D(7)(h) has been approved by the Department of Environmental Protection, then the provisions of the plan shall be the applicable special water resource protection area requirements for that waterway. A stream corridor protection plan for a waterway subject to Subsection D(7)(h) shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in Subsection D(7)(h)[1][a] above. In no case shall a stream corridor protection plan allow the reduction of the special water resource protection area to less than 150 feet as measured perpendicular to the waterway subject to this subsection.
Subsection D(7)(h) does not apply to the construction of one individual single-family dwelling that is not part of a larger development on a lot receiving preliminary or final subdivision approval on or before February 2, 2004, provided that the construction begins on or before February 2, 2009.
Calculation of stormwater runoff and groundwater recharge.
Stormwater runoff shall be calculated in accordance with the following:
The design engineer shall calculate runoff using one of the following methods:
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook Section 4-Hydrology and Technical Release 55-Urban Hydrology for Small Watersheds; or
The Rational Method for peak flow and the Modified Rational Method for hydrograph computations.
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction 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 at Subsection E(1)(a)[1] and the Rational and Modified Rational Methods at Subsection E(1)(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).
In computing preconstruction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce preconstruction stormwater runoff rates and volumes.
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 and other methods may be employed.
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.
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Ground-Water 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 http://www.state.nj.us/dep/njgs/; or at New Jersey Geological Survey, 29 Arctic Parkway, P.O. Box 427, Trenton, New Jersey 08625-0427; (609) 984-6587.
Standards for structural stormwater management measures.
Standards for structural stormwater management measures are as follows:
Structural stormwater management measures shall be designed to take into account the existing site conditions, including, for example, 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).
Structural stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection H(2).
Structural 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, 5:21-7.4, and 5:21-7.5 shall be deemed to meet this requirement.
At the intake to the outlet from the stormwater management basin, the orifice size shall be a minimum of 2 1/2 inches in diameter.
Stormwater management basins shall be designed to meet the minimum safety standards for stormwater management basins at Subsection H.
Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized, provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by Subsection D of this section.
Manufactured treatment devices may be used to meet the requirements of Subsection D of this section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department.
Sources for technical guidance.
Technical guidance for stormwater management measures can be found in the documents listed at Subsection G(1)(a) and (b) below, which are available from Maps and Publications, New Jersey Department of Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey 08625; telephone: (609) 777-1038.
Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended. Information is provided on stormwater management measures such as bioretention systems, constructed stormwater wetlands, dry wells, extended detention basins, infiltration structures, manufactured treatment devices, pervious paving, sand filters, vegetative filter strips, and wet ponds.
The New Jersey Department of Environmental Protection Stormwater Management Facilities Maintenance Manual, as amended.
Additional technical guidance for stormwater management measures can be obtained from the following:
The "Standards for Soil Erosion and Sediment Control in New Jersey" promulgated by the State Soil Conservation Committee and incorporated into N.J.A.C. 2:90. Copies of these standards may be obtained by contacting the State Soil Conservation Committee or any of the soil conservation districts listed in N.J.A.C. 2:90-1.3(a)4.[1] The location, address, and telephone number of each soil conservation district may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey 08625; (609) 292-5540;
Editor's Note: See N.J.A.C. 2:90-1.3(a)3.
The Rutgers Cooperative Extension Service, (732) 932-9306; and
The soil conservation districts listed in N.J.A.C. 2:90-1.3(a)4.[2] The location, address, and telephone number of each soil conservation district may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey 08625; (609) 292-5540.
Safety standards for stormwater management basins.
This subsection sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin.
Requirements for trash racks, overflow grates and escape provisions.
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 basin to ensure proper functioning of the basin outlets in accordance with the following:
The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars.
The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure.
The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack.
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.
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:
The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.
The overflow grate spacing shall be no less than two inches across the smallest dimension.
The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.
For purposes of this Subsection H(2)(c), "escape provisions" means the permanent installation of ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. Stormwater management basins shall include escape provisions as follows:
If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in Subsection H(3), a freestanding outlet structure may be exempted from this requirement.
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2 1/2 feet. Such safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See Subsection H(4) for an illustration of safety ledges in a stormwater management basin.
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.
Variance or exemption from safety standards.
A variance or exemption from the safety standards for stormwater management basins may be granted only upon a written finding by the appropriate reviewing agency (municipality, county or Department) that the variance or exemption will not constitute a threat to public safety.
Illustration of safety ledges in a new stormwater management basin.
Requirements for a site development stormwater plan.
Submission of site development stormwater plan.
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 Subsection I(3) below as part of the submission of the applicant's application for subdivision or site plan approval.
The applicant shall demonstrate that the project meets the standards set forth in this section.
The applicant shall submit three copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection I(3) of this section.
Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the subdivision or site plan review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the engineer retained by the Planning and/or Zoning Board (as appropriate) to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.
Checklist requirements. The following information shall be required:
Topographic base map: The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map, as appropriate, may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.
Environmental site analysis: a written and graphic description of the natural and man-made features of the site and its environs. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.
Project description and site plan(s): a map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings, roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification of proposed changes in natural conditions may also be provided.
Land use planning and source control plan: This plan shall provide a demonstration of how the goals and standards of Subsections C through F are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
Stormwater management facilities map: The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
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.
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.
Calculations:
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and postdevelopment conditions for the design storms specified in Subsection D of this section.
When the proposed stormwater management control measures (e.g., infiltration basins) depend on the hydrologic properties of soils, then a soils report shall be submitted. The soils report shall be based on on-site 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.
Maintenance and repair plan: The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J.
Waiver from submission requirements: The municipal official or board reviewing an application under this section may, in consultation with the Municipal Engineer, waive submission of any of the requirements in Subsections I(3)(a) through I(3)(f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain, and its absence will not materially affect the review process.
Maintenance and repair.
Applicability. Projects subject to review as in Subsection A(3) of this section shall comply with the requirements of Subsections J(2) and J(3).
General maintenance.
The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.
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). Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual. If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's agreement to assume this responsibility, or of the developer's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.
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.
If the person responsible for maintenance identified under Subsection J(2)(b) above is not a public agency, the maintenance plan and any future revisions based on Subsection 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.
Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.
The person responsible for maintenance identified under Subsection J(2)(b) above shall 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.
The person responsible for maintenance identified under Subsection J(2)(b) above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
The person responsible for maintenance identified under Subsection J(2)(b) above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsections J(2)(f)and J(2)(g) above.
The requirements of Subsections J(2)(c) and J(2)(d) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.
In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the Municipal Engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or county may immediately proceed to do so and shall bill the cost thereof to the responsible person.
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.
Violations and penalties. Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the violations and penalty provisions of § 142-94 of Development Regulations of the Township of Robbinsville.
Purpose. This section requires the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer systems(s) operated by the Township of Robbinsville so as to protect public health, safety and welfare, and prescribes penalties for the failure to comply.
Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number included the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Township of Robbinsville or other public body, and is designed and used for collecting and conveying stormwater.
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STORM DRAIN INLET
An opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
The ocean and its estuaries, all springs, streams and bodies of surface- or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
Prohibited conduct. No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
Already meets the design standard below to control passage of solid and floatable materials; or
Is retrofitted or replaced to meet the standard in Subsection D below prior to the completion of the project.
Design standard. Storm drain inlets identified in Subsection C above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, settleable solids. For exemptions to this standard see Subsection D(3) below.
Designing engineers shall use either 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:
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than 7.0 square inches, or be not greater than 2.0 inches across the smallest dimension.
Where the Municipal Engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
Where flows 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:
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars; or
Enforcement. This section shall be enforced by the Zoning Official of the Township of Robbinsville or such other municipal official charged with enforcement of the Development Regulations of the Township of Robbinsville, including without limitation the Division of Police.
Penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to the violations and penalty provisions of § 142-94 of the Development Regulations of the Township of Robbinsville.
Purpose. This section requires dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibits the spilling, dumping, leaking, or otherwise discharging of liquids, semiliquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Township of Robbinsville and/or the waters of the state so as to protect public health, safety and welfare, and prescribes penalties for the failure to comply.
Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
Prohibited conduct.
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semiliquids or solids to the municipal separate storm sewer system(s) operated by the Township of Robbinsville.
Exceptions to prohibition.
Permitted temporary demolition containers.
Litter receptacles (other than dumpsters or other bulk containers).
Individual homeowner trash and recycling containers.
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup).
No fence shall be erected of barbed wire, electrified, topped with metal spikes or barbed wire, or constructed of any material or in any manner which may be dangerous to persons or animals, except that these provisions shall not apply to farms or industrial uses.
Decorative metal fences up to a maximum of eight feet in height are permitted in the side, rear and front yards in only the Planned Commercial Development, PCD, Zone. Fences within the front yard shall be set back 10 feet from the property line or right-of-way. Chain-link fence is permitted, but not preferred, especially in front yard areas. Privacy material or slats are not permitted. Fully enclosed sites that incorporate a gate into the fence line shall require approval from the fire department prior to receiving zoning approval.
[Added 2-20-2013 by Ord. No. 2013-1[1]]
Editor's Note: This ordinance also provided for the redesignation of former Subsections B through E as Subsections C through F, respectively.
Decorative metal, board-on-board, picket fences, rail, and split-rail fences, are the permitted fence types. Chain-link fences are not permitted in front yards of residential areas. Decorative fences are recommended for front and abutting side yards. The maximum height for rear and abutting side yard fences shall be six feet and shall be installed with the good or finished side facing towards the adjacent property owner. The front and abutting side yard shall be measured 15 feet back from the front facade of the principal building. In cases where the front facade is less than 15 feet from the front yard setback, the distance shall be from the rear facade of the principal structure.
On any lot in any district, no wall or fence shall be erected or altered so that said wall or fence shall be over three feet in height in the front yard and side yards abutting front yards except that:
On a parcel of land situated between parallel streets, the "front yard" is defined as an open space extending across the full width of the lot and lying between the street line and closest point of the principal building on the lot. (See § 142-7.) In such circumstances, fences which are constructed in the rear yard may be built to the street line, provided they do not exceed three feet in height. Notwithstanding the foregoing, on lots with reverse frontage along a collector or arterial roadway, fencing not to exceed six feet in height may be constructed within the reverse frontage yard area; provided however, that fencing exceeding three feet shall not be located within one foot of the street line. Fencing shall include a gate or opening suitable for access to the setback area for purposes of maintenance. Coordination of fencing shall be the jurisdiction of the appropriate homeowners' association. Coordinated fencing shall be subject to property owner maintenance requirements of the fencing as well as the area between the street and fence.
The Planning Board and Board of Adjustment may approve coordinated fencing along reverse frontage roadways on collector and arterial roadways in conjunction with the approval of a major residential subdivision or residential site plan, or subsequent amendment to an approved major residential subdivision or site plan. A coordinated fencing design for the project site shall be submitted with the proposed location, type of fencing and construction details. The fencing must be of uniform height and appearance, may not exceed six feet in height but may be located within a required buffer, provided that the fencing is a decorative fence with facing on the roadway side where exposed to view from the roadway or from the exterior of the lot and provided that the fencing shall be located a minimum of one foot from the street line and shall not encroach into any required sight triangle easement, wetlands, wetland transition area, drainage easement or other easement which prohibits fencing. Coordinated fencing shall be subject to property owner maintenance requirements of the fencing as well as the area between the street line and the fence. Gates shall be provided for all individual lots including major subdivisions for access to the roadway side of the fence for maintenance purposes. Requirements for coordinated fencing shall be included as conditions of final, or amended final, residential major subdivision and site plan approvals.
Fencing of private residential swimming pools shall be in accordance with the applicable requirements of this chapter.
A tennis court area, located in rear yard areas only, may be surrounded by a fence a maximum of 10 feet in height, the fence to be set back from any lot line the distance required for accessory buildings in the zoning district as stipulated in Article IV.
Electrical substations or other utilities may have twelve-foot-high fences if there is need for enclosure due to proven and repeating opportunity for bodily harm.
Any fence erected for the containment of ponies, horses, cows, sheep, fowl or other farm livestock shall not be located closer than 100 feet to any property or street right-of-way line.
Sight-triangle easements shall be required at all intersections, including the specified right-of-way width, in which no grading, planting or structure shall be erected or maintained higher than two feet, six inches except for street signs, fire hydrants and light standards and visually impervious fences. The "sight triangle" is defined as the lines formed by three points: 1) the center lines of the intersecting cartways; 2) a point 25 feet back on the secondary roadway; 3) a point at a specified distance on the intersecting road based on type of road. The distance between points "2" and "3" must be 300 feet for an arterial street, 200 feet for a collector, 90 feet for a local street, and 40 feet for a residential access street. Where the intersecting streets are both arterials, both collectors or one arterial and one collector, two overlapping sight triangles shall be required. Such easement dedication shall be expressed on the site plan as follows: "Sight triangle deeded for the purposes provided for and expressed in the Development Regulations."
All site plans and major subdivisions shall include a lighting plan.
Such plans shall include the location, type of light, radius of light, manufacturer's specification sheet and the intensity in footcandles. The following design standards shall be observed for all commercial, public, quasi-public, office, industrial, apartment or townhouse uses except for the Town Center which has its specific lighting standards:
The style throughout the zoned area of the light and light standard shall be of high quality and complement the architectural style of the buildings.
Spotlight-type fixtures over 100 watts attached to buildings shall not be allowed.
Freestanding lights shall be so located and protected as to avoid being easily damaged by vehicles.
Pathways, walkways, sidewalks and trails shall be lighted.
Illumination shall be required for all exterior stairways, ramps, sloping or rising paths, building entrances and exits, and where one building is offset or set back from another.
Lighting shall be provided along all streets and driveways and within parking areas, at intersections and crosswalks and wherever vehicular and/or pedestrian circulation systems merge, intersect or split.
The maximum height of freestanding lights shall be that of the freestanding building, but in no case greater than 24 feet, measured from the ground to the center line of the light source, and shall be spaced a distance not to exceed four times the mounting height.
The height of the lighting standards in all residential areas except the RR Zone is limited to 12 feet except along major arterials or collector roads.
The following light intensity, in footcandles, shall be provided:
Nonresidential parking lots and access drives: an average of one footcandle throughout.
Residential parking lots and access drives: an average of 0.3 footcandle.
Intersections: an average of two footcandles.
Maximum at any property line: 0.2 footcandle.
Maximum at any residential property line: 0.1 footcandle.
In any area required to be illuminated, the minimum light intensity provided at ground level shall be 0.2 footcandle.
All lighting, including illuminated signs and displays, shall be shielded to restrict the maximum apex angle of the cone of illumination to 100°. All lighting, including illuminated signs and displays, proposed to be located within 100 feet of a residential zone or use shall be further shielded to direct the angle of light away from said residential zone or use. All light fixtures and signs must be shielded to prevent glare or light spill onto adjacent property. No lighting fixtures shall be directed at roadways and cause glare for motorists.
Underground service for streetlighting shall also be required.
String lighting and direct lighting are expressly prohibited in all zone districts. Exposed sources of light, including bare bulbs and tubes and immediately adjacent reflecting surfaces, shall be shielded to comply with the standards of this chapter.
No structure or land shall be so used as to create or transmit direct or sky-reflected glare, whether from floodlights, high temperature processes or any other method. Any process or method likely to create or transmit such glare shall be performed only within an enclosure and in such manner as to be imperceptible at or beyond any lot line.
Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.
Each lot must front upon an approved public street with a right-of-way of at least 50 feet. However, direct driveway access from a residential property onto an arterial or collector street shall be prohibited except as provided in § 142-49.
Where extra width has been dedicated for widening of existing streets, lots shall begin at such new street line, and all setbacks shall be measured from such line.
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as poor drainage conditions, zero to one-foot seasonal high water, or flood conditions, percolation tests or test borings indicating the ground conditions to be inadequate for proper on-site sewage disposal and treatment as required in Chapter 199 of the Public Laws of New Jersey and all applicable local Board of Health ordinances, the Board, after adequate investigation, shall withhold approval of such lots. If approval is withheld, the Board shall give reasons and notify the applicant and enter same in the minutes.
Monuments shall be installed for all newly created lots in compliance with the requirements of N.J.S.A. 46:23-9.11. All lot corners shall be marked with a metal alloy pin of permanent character.
Purpose. The purpose of this section is to implement requirements aimed at improving air, water, soil and visual quality and to protect and conserve historic and cultural resources and to protect, preserve and enhance the diversity of plant and animal communities and their habitats by addressing adverse impacts on these resources associated with contemporary development practices. The resources proposed for protection by these regulations include water, soil, vegetation, air, cultural features, threatened and endangered plants and animals and visual view sheds, which are essential to the health, safety and welfare of the community. This section is intended to provide regulations that will facilitate a decrease in velocity and amount of stormwater runoff, improved water quality, increase aquifer recharge, conserve soil resources, reduce reflected heat and glare, reduce air pollution, preserve cultural resources, improve the visual quality of the community and recognizing the regional and national significance of these resources.
This section shall apply to any application for a major subdivision plan, major site plan, cutting and clearing of public utility right-of-way, by any person wishing to remove one acre or more of existing woodland or woodland understory in any five-year period.
Exceptions.
Any agricultural activity that does not require a DEP permit and does not result in change of land use category, including agricultural support buildings and other related structures built using accepted farm practices.
Commercial logging, timber operations and silviculture, for which farmland assessment has been approved; including harvesting conducted under a forest management plan prepared by an approved forester; and approved by the Township Zoning Officer.
Trees which, in the opinion of a licensed landscape architect, approved forester, certified tree expert or the Township Engineer, constitute an immediate threat to the health, safety or welfare of the general public.
The cutting and clearing of trees to comply with requirements affecting navigable airspace, provided that the Federal Aviation Administration has determined that the trees are a hazard to aviation.
Approved game management practice, as recommended by the State of New Jersey, Department of Environmental Protection, Division of Fish, Game and Wildlife.
Exception process. A person or organization seeking exception shall file a declaration of intent with the Zoning Officer.
The declaration of intent is effective for five years at which time a request for renewal may be submitted.
If a regulated activity on the area covered by the declaration of intent occurs within five years of the effective date of the exemption:
There shall be an immediate loss of exemption; and
There may be a noncompliance action taken by the Zoning Officer, according to the provisions in this section.
Activities prohibited without a tree removal permit.
Any activity not listed as exempt in Subsection B of this section is expressly prohibited unless a tree removal permit has been granted subject to Subsections D, E and F of this section.
Failure to obtain an approved permit is subject to the following penalties:
Pay a noncompliance fee of $0.50 per square foot of forest cut or cleared; and
Pay for replacement of removed individual trees according to an assessed value made by a licensed landscape architect or approved forester.
Site-specific natural and cultural resource inventory for regulated activity.
Purpose. The purpose of the inventory is to document the natural and cultural features of the site before the design of development plan begins and is intended as a necessary tool during the preliminary review process. The inventory shall be used to determine where proposed development is best placed on a site in an effort to avoid or reduce adverse impacts on natural and/or cultural resources. Once resources have been mapped, refer to development regulations governing site plan options that allow for minimization of impacts to identified resources.
Submission required. Any person or organization making an application for a major subdivision, major site plan, cutting and clearing of public utility rights-of-way or wishing to remove one acre or more of existing woodland or woodland understory in any five-year period shall submit for review to the Township Planning Board a natural and cultural resource inventory plan for review.
The inventory is a snapshot of existing conditions and as such is not a substitution for an environmental impact statement. The inventory can become a part of the environmental impact statement.
It is strongly recommended, but not required, that the site-specific natural and cultural resource inventory be submitted along with a concept plan in advance of the preliminary major subdivision or site plan.
The natural and cultural resource inventory shall be prepared by a multidisciplinary team with expertise in engineering, biology and history horticulture. No development shall be permitted, initiated, or conducted unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of local populations of threatened or endangered plants and animals. No construction, grading or vegetation removal shall take place in critical habitat areas during breeding or mating of threatened and endangered species, and protection for the critical habitat area appropriate to the species shall be provided.
Checklist. The inventory shall contain both a map and a report including the following:
A site context map (one inch equals 200 feet) for vicinity within 1,000 feet of subject property.
A natural resource inventory map showing the following within 100 feet of the property boundary:
Scale of map (to match submitted site plan for overlay);
Boundary survey sealed by a licensed surveyor tied to New Jersey Plan Coordinates System-NAD 1983;
Topography at no less than two-foot contour intervals;
Location of intermittent and perennial streams, lakes, and other water bodies;
One-hundred-year floodplain, if applicable;
Location of wetlands and transition areas;
Stream buffers (minimum 50 feet on either side of existing upland lands);
Soils with legend showing soil names;
Presence or absence of aquifer recharge;
Aerial extent of forest and tree cover, which includes the outside perimeter of individual trees;
Forest stand sampling point locations:
Sampling points and data sheet shall be required for each forest stand 10,000 square feet or greater in area. A sampling point and data sheet is required for each forest stand that contains different characteristics, and/or for each two acres of forest stand. Refer to Appendix D, Schedule A-2.[1]
Editor's Note: Appendix D, Schedule A-2, referred to herein may be found at the end of this chapter.
Cultural features, including assessment of historic and archaeological resources, historic sites and critical view sheds, as mapped by the Township;
Location of tilled lands;
Location of known sources of contamination and/or monitoring wells;
Location of existing man-made structures;
Presence or absence of Master Plan elements such as parks, bike paths, etc.;
Location of public land, school lands, deed-restricted open space or deed-restricted farmland within 1,000 feet of subject site.
A natural resource inventory report describing the following:
The presence or absence of rare, threatened or endangered plants or animals as per evidence on the site and appears on the national list developed by the Department of the Interior or on the state list developed by the N.J. Department of Environmental and Energy or are designated in N.J.S.A. 23:2A-4 (The Endangered and Nongame Species Conservation Act, state list of endangered species).
A description of forest stands and individual trees on the site, including:
Dominant and codominant species, understory species, range of sizes in diameter at breast height (DBH), and health and condition of trees at sampling point.
Locations and species of individual trees 24 inches caliper or greater.
Copies of sampling point data sheets.
Resource conservation plan.
Purpose. The purpose of the resource conservation plan is to document how proposed construction will impact identified natural and cultural resources of a development site and what specific techniques will be employed to reduce or mitigate impacts. The techniques must be clearly stated within the plans. It is suggested that this plan be incorporated into an environmental impact statement.
Plan required. In conjunction with a complete natural and cultural resource inventory plan, the applicant shall submit a proposed resource conservation plan.
The plan shall be prepared by a licensed engineer, licensed architect and/or licensed landscape architect depending on the nature of the resource to be conserved.
Checklist. The proposed resource conservation plan shall contain:
Scale of map (to match site plan);
Existing and proposed topography;
Location of intermittent and perennial streams, lakes and other water bodies;
Location of one-hundred-year floodplain, if applicable;
Stream buffers (minimum 50 feet measured perpendicularly from the edge of any stream);
Proposed soil cuts and fills (mathematical calculation and graphic depiction);
Wetlands and transition areas;
Surveyed location of all trees within 25 feet of the limit of disturbance;
Cultural features, historic sites and critical view sheds preservation/adoptive reuse plan;
Preservation or removal of tilled lands along with anticipated impact;
Existing man-made structures to be removed or remain;
Known sources of contamination and monitoring wells;
All proposed development, including buildings, roads, utilities, and all other improvements;
A table listing the gross tract area in square feet, the square foot area of forest conservation required for the site and the square foot area of forest conservation provided by the applicant;
A clear graphic indication of the forest conservation provided on the site showing areas where both retention of existing forest or afforestation, by any and all methods, is planned;
A clear graphic indication of the proposed limit of disturbance line and tree save fencing;
An afforestation or reforestation plan with a table and description of soil preparation, species, size and spacing to be utilized;
Stockpile area delineated;
A binding two-year management agreement that details how the areas designed for afforestation or reforestation will be maintained to ensure protection or satisfactory establishment, including:
Watering.
Removal of exotic invasive plant species.
Protection from deer grazing.
Contact name and phone number of party responsible for maintenance.
Forest conservation and afforestation minimums. See § 142-47.
Conservation of natural topography plan. No individual residential lot or tract of land shall be graded unless such grading activities comply with the following design standards:
All proposed grading shall preserve the salient natural features of the land being developed.
Proposed grades shall not alter the natural contour of the land by more than three feet, unless the area being graded is to be used for management of stormwater runoff, consistent with best management practices as defined by the New Jersey Department of Environmental Protection, and as supplemented by the Land Use Ordinances of the Township of Robbinsville.
Proposed grading activities shall not propose excavation on slopes greater than 15%.
Proposed grading activities shall not require foundations for any structure to be exposed by more than four feet on the front, rear and side elevations of the structure. Grading may permit the full exposure of the rear foundation wall so as to permit the construction of walk-out basements. However, walk-out basements and the related grading shall only be permitted when the natural contour of the land, measured 10 feet from the foundation, slopes away from the foundation at a minimum of 2% and terminates at a natural on-site watercourse, the one-hundred-year water surface elevation of which is two feet below the proposed finished elevation of the basement floor.
Maintenance agreement for afforestation and reforestation. See § 142-47.
Whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of the lots may have been approved as portions of a subdivision or acquired by separate covenant or by other operation of law, and one or more of the individual lots should, by reason of exceptional shallowness, topographic conditions, substandard area or yard or similar measurements, not conform to the minimum lot area and dimension requirements for the zone in which it is located, the contiguous lots of the owner shall be considered as a single lot.
Whenever the owner of a lot existing at the time of adoption of this chapter has dedicated or conveyed land to the Township in order to meet the minimum street width requirement of the Official Map or Master Plan of the Township, the Construction Official shall issue building and occupancy permits for the lot whose depth and/or areas are rendered substandard in area only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.
Any existing lot on which a building or structure is located, which lot does not meet the minimum lot size or has a structure which violates any yard requirements, may have additions to the principal building and/or construction of an accessory building without an appeal for variance relief, provided that:
The existing use(s) on the lot are conforming to the permitted use(s) stipulated in this chapter for the lot in question.
The total permitted building coverage is not exceeded.
The accessory building and/or any addition do not violate any other requirements of this chapter, such as but not limited to height, setback and parking.
Any vacant lot existing as a conforming residential lot at the effective date of adoption or amendment of this chapter, whose area or dimensions do not meet the requirements of the district in which the lot is located, may have a building permit issued for a single-family detached dwelling and its permitted accessory uses without an appeal for variance relief, provided that single-family detached dwellings are a permitted use in that district; the building coverage limit is not exceeded; parking requirements are met; and the yard and height provisions are reduced by the same percentage that the area of such lot bears to the zone district requirements, except that no side yard shall be less than either 10 feet or half that required by this chapter, whichever is greater. Additionally, no building shall be set back less than 50 feet from any street right-of-way, and no building shall be required to have a height less than 12 feet and one story.
No nonconforming lot shall be further reduced in size.
Structures and uses.
Any nonconforming use or structure existing at the time of the passage of this chapter may be continued upon the lot or in the structure so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof. If any nonconforming building shall be destroyed by reason of windstorm, fire, explosion or other act of God or the public enemy, to an extent of more than 66% of the recorded true value as appraised by the average of three independent, certified appraisers selected by the Township and paid for by the property owner, then such destruction shall be deemed complete destruction, and the structure may not be rebuilt, restored or repaired, except in conformity with the regulations of this chapter. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition any wall, floor or roof which has been declared unsafe by the Construction Official. If any residence is destroyed by fire only, it may be rebuilt.
Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure containing a nonconforming use. However, no nonconforming structure or structure containing a nonconforming use shall be enlarged, extended, constructed, reconstructed or structurally altered in any manner without an appeal for variance relief, except as set forth herein. Residential structures may be enlarged, extended, constructed, reconstructed or structurally altered for the purpose of continuing the residential use so long as there is continuing compliance with the standards in place at the time of the construction of the property, which standards are set forth below, as they relate to area, front yard, side yard and rear yard setbacks:
The standards in place at the time of construction of the developments set forth below are as follows:
R1.5 — Cluster
Beechwood Acres
Washington Leas
Country Gate
Dalton Meadows
Windsor Meadows
Arbor Walk
Washington Greene
R1.5 — Non-Cluster
Washington Hunt
RR — T1
Country Meadows
Brookshire Estates
Accessory structures. In the R1.5 cluster, accessory buildings shall have a minimum side yard setback, rear yard setback, and minimum distance from other buildings of 15 feet. In the R1.5 non-cluster, accessory buildings shall have a minimum side yard, minimum rear yard, and minimum distance from other buildings of 20 feet.
A nonconforming use shall be adjudged as abandoned when there occurs a cessation of any such use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance. Such use shall not thereafter be reinstated, and the structure shall not be reoccupied, except in conformance with this chapter, and no nonconforming use shall, if once changed into a conforming use, be changed back again into a nonconforming use.
Nothing herein contained shall require any change in plans, construction or designated use of a building for which a building permit has been issued prior to the adoption of this chapter and the construction of which shall be diligently prosecuted within three months of the date of such permit, and the ground-story framework of which, including the second tier of beams, shall be completed within six months of the date of the permit, and which entire building shall be completed, according to such plans as filed, within one year from the date of adoption of this chapter.
The prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existing before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application pursuant hereto may be made to the administrative officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Board of Adjustment. The administrative officer shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees collected by the official shall be paid by him to the municipality. Denial by the administrative officer shall be appealable to the Board of Adjustment. The Zoning Officer shall prepare and maintain a list of all nonconforming uses.
Landscaping. See § 142-47.
Surfacing and curbing.
Off-street parking lots and loading areas, together with their access aisles, driveways and fire lanes, shall not occupy more than 40% of the lot area. All parking and loading areas and access drives shall be paved as outlined below or the equivalent, as determined by the Township Engineer, and approved as part of the development application. All parking areas, regardless of size and location, shall be suitably drained and maintained.
Areas of ingress or egress, loading and unloading areas, major interior driveways or access aisles and other areas likely to experience similar heavy traffic shall be curbed and paved with not less than four inches of compacted base course of plant-mixed bituminous, stabilized base course, constructed in layers not more than two inches compacted thickness and prepared and constructed in accordance with Division 3, Section 2A, of the New Jersey State Highway Department Standard Specifications for Roads and Bridge Construction (1961) and amendments thereto. A minimum two-inch-thick compacted wearing surface of bituminous concrete (FABC) shall be constructed thereon in accordance with Division 3, Section 10, of the aforesaid New Jersey State Highway Department Specifications and amendments thereto.
Parking stall areas and other areas likely to experience similar light traffic shall be paved with not less than three inches of compacted base course of plant-mixed bituminous, stabilized base course, prepared and constructed in accordance with Division 3, Section 10, of the aforesaid New Jersey State Highway Department Specifications and amendments thereto. A minimum of one-and-one-half-inch-thick compacted wearing surface of bituminous concrete (FABC) shall be constructed thereon, also in accordance with Division 3, Section 10, of the aforesaid New Jersey State Highway Department Specifications and amendments thereto.
Where subbase conditions of proposed parking and loading areas are wet, springy or of such a nature that surfacing would be inadvisable without first treating the subbase, the treatment of the subbases shall be made in the following manner: The areas shall be excavated to a depth of six inches to 12 inches below the proposed finished grade and filled with suitable subbase material as determined by the Township Engineer. Where required by the Township Engineer, a system of porous concrete pipe subsurface drains shall be constructed beneath the surface of the parking area and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material, as described heretofore, shall be spread thereon. To the extent possible, paving over areas with zero-inch to one-inch seasonal high water or aquifer recharge areas must be subject to stringent environmental controls.
All off-street parking lots shall have adequate designations to indicate traffic flow and parking spaces.
Size and number of parking spaces.
Parking space shall be nine feet by 18 feet.
All parking and loading areas and access drives shall be paved as provided below except that the Board, at the request of the applicant and in consideration of the specific parking needs of the applicant, may permit a reduction in the paved area devoted to parking, provided:
The reduction in the required paved parking area shall not exceed 20% of the total number of parking spaces required by this chapter.
The submitted plan shall include all the parking spaces required by this chapter and shall indicate those spaces to be paved and those requested not to be paved, or to be installed with grass pavers.
All parking areas not to be paved shall be suitably landscaped and such landscaping shall be indicated on the submitted plan and be in addition to landscaping otherwise required or necessary.
The applicant shall agree in writing on the submitted plan to pave any or all of the nonpaved parking areas at the request of the Board at any time.
Access points to parking lots or loading areas from any one lot crossing the street right-of-way line shall in accordance with the NJDOT Access Code § 16:47-3.8.[1]
Editor's Note: See N.J.A.C. § 16:47-3.8.
Wherever physically possible, no residential property shall be permitted direct driveway access onto a road designated as an arterial, a collector road, or loop road, but shall instead have access only onto a new or existing local residential collector, residential subcollector and residential access streets. Where access to a local street is not possible, the property so constrained shall have constructed on it a paved or graveled turnaround.
Location of parking and loading. Required off-street parking and loading spaces shall be located on the same lot or premises as the use served, regardless of the number of spaces required by this chapter. No parking of vehicles shall be permitted in fire lanes, nonresidential streets, driveways, landscaped areas, aisles, buffer areas, sidewalks or turning areas.
Type of facility.
Parking spaces may be on, above or below the surface of the ground. When parking spaces are provided within a garage or other structure, said structure shall adhere to the proper accessory or principal building setbacks, as applicable.
The provision of parking spaces shall also include adequate driveways and necessary turning areas for handling the vehicles for which provision is made. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicles. Aisles providing access to parking spaces shall have the following minimum dimensions. Where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail.
Angle of Parking Space
(degrees)
One-Way Aisle
Two-Way Aisle
Off-street loading.
Each activity shall provide for off-street loading and unloading with adequate ingress and egress from streets and shall provide such area(s) at the side or rear of the building. Each space shall be at least 14 feet by 60 feet not including access use. One space shall be provided for the first 4,000 square feet of gross floor area or fraction thereof in each building, and one additional space for each additional 10,000 square feet of gross floor area or fraction thereof. There shall be no loading or unloading from the street.
Loading area requirements may be met by combining the floor areas of several activities taking place under one roof and applying the above ratios.
Trash and garbage pickup.
There shall be at least one trash and garbage pickup location provided by each building, which shall be separated from the parking spaces by either a location within a building or in a pickup location outside the building, which shall be a totally enclosed container located in a manner to be totally obscured from view from parking areas, streets and adjacent residential uses or zoning districts by a fence, wall, planting or combination of the three. If the pickup is located within the building, the doorway may serve both the loading and trash functions, and, if located outside the building, it may be located adjacent to or within the general loading area(s), provided that the container does not interfere with or restrict loading and unloading functions.
Parking spaces required for various uses.
The following minimum number of parking spaces shall be required of the nonresidential uses specified below. Reference herein to employee(s) on the largest work shift shall mean the maximum number of employees employed at the facility regardless of the time period which this occurs and regardless of whether any such person is a full-time employee. The largest work shift may be a particular day of the week or a lunch or dinner period in the case of a restaurant. The term "capacity" as used herein shall mean the maximum number of persons which may be accommodated by the use as determined by its design or by fire code regulations, whichever is greater.
Agriculture uses. One space per employee on the largest shift.
Agricultural support uses. One space per employee on the largest shift, plus one space per 200 square feet of gross floor area provided for customer sales and service operations.
Commercial and entertainment uses, except as specifically designated below. One space per 150 square feet of gross floor area of customer sales and service, plus one space per 200 square feet of storage and/or office gross floor area, or, if the use has at least 100,000 square feet of gross floor area, 5 1/2 spaces per 1,000 square feet of gross floor area.
Other commercial and entertainment uses.
Banks. One space per 200 square feet gross floor area, plus five spaces off-street waiting (loading) spaces per drive-in lane, plus one space per employee on the largest work shift.
Funeral home. One space per four patron seats or 25 spaces per chapel units, whichever is greater.
Grocery or supermarket. One space per 100 square feet of gross floor area.
Hospital. Two spaces per three patient beds, plus one space per staff doctor and each other employee on the largest work shift.
Hotel or motel. One space per room or suite, plus one space per every three employees on the largest work shift, plus one space per three persons to the maximum capacity of each public meeting and/or banquet room, plus 50% of the spaces otherwise required for accessory uses (e.g., restaurants and bars).
Private clubs. One space per three persons to the maximum capacity of the facility.
Repair services. One space per 300 square feet of gross floor area, plus one space per employee on the largest work shift.
Restaurant, standard. One space per three patron seats or one space per 100 square feet of gross floor area, whichever is greater, plus one space per employee on the largest work shift.
School, commercial or trade. One space per three students, plus one space per employee (including faculty) at capacity class attendance period.
Shopping center, regional. Five spaces per 1,000 square feet of gross floor area.
Theaters and auditoriums. One space for every two seats.
Commercial, recreational uses. One space per four patrons to the maximum capacity of the facility, plus one space per two employees on the largest work shift.
Other commercial/recreational uses.
Bowling alley. Five space per lane, plus one space per employee on the largest work shift.
Golf-driving range. One space per tee, plus one space per employee on the largest work shift.
Miniature golf. One and one-half spaces per hole, plus one space per employee on the largest work shift.
Skating rink, ice or roller. One space per 300 square feet of gross floor area.
Extraction uses. One space per employee on the largest shift.
Truck terminal. One space per employee on the largest shift, plus one space per truck normally parked on the premises, plus one space per three patrons to the maximum capacity.
Institutional, indoor, recreational and special residential uses. One space per three patrons to the maximum capacity, plus one space per employee on the largest shift.
Other institutional, indoor, recreational and special residential uses.
Camps, day or youth. One space per employee on the largest shift, plus one space per camp vehicle normally parked on the premises, plus four visitor spaces.
Cemetery. One space per employee, plus one space per four visitors to the maximum capacity.
Church. One space per four seats of maximum capacity or at one person per 18 inches of pew.
Community and recreation center. One space per 125 square feet of gross floor area, or one space per two patrons to the maximum capacity plus one space per employee on the largest shift.
Day or nursery school. One space per teacher/employee on the largest shift, plus one off-street loading space per six students.
Libraries and museums. One space per 250 square feet of floor area or one space per four seats to the maximum capacity, whichever is greater, plus one space per employee on the largest shift.
Monasteries, convents. One space per six residents, plus one space per employee on the largest shift, plus one space per five chapel seats if the public may attend.
Nursing homes. One space per six patient beds, plus one space per employee on the largest shift, plus one space per staff member and visiting doctor.
Elementary and junior high. One space per teacher and staff member plus one space per classroom.
Senior high. One space per teacher and staff member on the largest shift, plus one space per three nonbused students.
College. One space per staff member on the largest shift, plus one space per two students of the largest class attendance period.
Swimming facility. One space per 75 square feet of gross water area, plus one space per employee on the largest shift.
Tennis, racquetball, handball courts. Four spaces per court, plus one space per employee on the largest shift.
Light industrial uses. One space per employee on the largest shift, plus one space per company vehicle regularly stored on premises, plus four visitor spaces.
Other light industrial uses.
Miniwarehouse. One space per 10 storage cubicles, plus two spaces per manager's residence, plus one space per 25 storage cubicles located at the warehouse office.
Veterinary office with enclosed kennels or pen. Three spaces per doctor, plus one space per employee on the largest shift.
Warehouse. One space per employee on the largest shift, plus one space per 4,000 square feet of gross floor area.
Nursery uses. One space per employee on the largest shift, plus one space per 200 square feet of gross floor area of inside sales or display.
Offices uses. One space per 250 square feet of gross floor area.
Other office uses.
Beauty and barber shops. Three spaces per operator or one space per 150 square feet of gross floor area, whichever is larger, plus one space per employee on the largest shift.
Medical/dental offices. Five spaces per doctor or one space per 150 square feet plus one space per employee on the largest shift.
Personal services. One space per 200 square feet of basement and first-floor gross floor area for customer service, plus one space per employee on the largest shift.
Outdoor recreational uses. One space per four expected patrons at capacity.
Other outdoor recreational uses.
Golf courses (nine- and eighteen-hole). Ninety spaces per nine holes, plus one space per employee on the largest shift, plus 50% of spaces otherwise required for any accessory uses (e.g., bars, restaurants).
Golf, par three. Forty spaces per nine holes, plus one space per employee on the largest shift.
Outdoor swimming pool. One space per 75 square feet of gross water area.
Tennis court. Three spaces per court.
Public service uses. One space per employee on the largest work shift, plus one space per company vehicle normally stored on the premises.
Recreational rental uses. One and one-half spaces per site or dwelling unit.
Recreational vehicle park. One and one-half spaces per each recreational vehicle site, plus one space per employee on the largest shift.
Road service uses. One space per 200 square feet of gross floor area, plus one space per employee on the largest shift.
Other road service uses.
Convenient (7-Eleven) grocery. One space per 100 square feet of gross floor area.
Fast-food restaurant. One space per 50 square feet of gross floor area, plus one space per employee on the largest work shift.
Vehicle sales and service. One space per 1,500 square feet of gross floor area.
Vehicle repair and maintenance services. One space per 400 square feet of gross floor area plus one space per employee on the largest work shift.
Motels/hotels. One space per guest room, one space per employee per largest shift, plus spaces for restaurant and other uses.
All parking areas shall be kept in a dust-free and litter-free condition at all times.
Reduction in the number of required off-street parking spaces for large uses (over 300,000 square feet of gross floor area). In order to prevent the establishment of a greater number of parking spaces than actually needed to meet particular needs of those large uses over 300,000 square feet of gross floor area, a reduction in the number of required off-street parking spaces may be permitted. This reduction shall be permitted subject to the following conditions:
A maximum reduction of one parking space per every 1,000 square feet of gross floor area or 20% of the total spaces required can be permitted. The land development plan shall indicate the location and dimensions of the parking area provided.
Sufficient area must be reserved to provide for the total number of off-street parking spaces required by this section. The purpose of this reservation is to ensure adequate area to meet any future need for additional parking spaces. This reservation shall be provided for by deed restricting that portion of the site required to provide for the total number of parking spaces on the same property as is being proposed for development. The reserved parking area shall not include areas for required buffer yards, setbacks, or areas which would otherwise be unsuitable for parking spaces due to the physical characteristics of the land or other requirements of this chapter. The developer shall provide a landscaping plan for the reserved area.
Residential parking requirements.
Residential parking requirements are as follows:
One space per senior citizen unit.
One and one-fourth spaces per efficiency unit.
One and one-half spaces per one-bedroom unit.
Two spaces per two-bedroom unit.
Two and one-half spaces per three-bedroom unit.
Three spaces per four-bedroom or larger unit.
No parking is allowed in the front yards of units except on driveways to a garage.
Garage doors should be obscured from public view by recessing or designing the entrance perpendicular to the front facade of the unit.
Garages shall be permanently maintained as vehicular parking spaces.
Unless otherwise specified in this chapter, no more than one principal dwelling or building shall be permitted on any one lot.
An application or a permit shall provide documentation that the intended use will comply with the performance standards enumerated below. In the case of a structure being built where the future use is not known, a construction permit may be issued with the condition that no certificate of occupancy will be issued until such time as this documentation is submitted with respect to the particular occupant. A new application and a new certificate of occupancy shall be required in the event of a change of any user of any structure.
Buffering, screening and landscaping. See § 142-47.
Electrical or electronic devices. All electrical or electronic devices shall be subject to the provisions of Public Law 90-602, 90th Congress, HR10790, dated October 18, 1968, entitled "An Act for the Protection of Public Health and Safety from the Dangers of Electronic Product Radiation." Radiation products, as defined in Department of Health, Education and Welfare Publication No. (FDA) 75-8003, shall be so limited and controlled that no measurable energy can be recorded at any point beyond the property boundaries. The applicant, upon request, shall produce certified data wherein measurements made in accordance with the procedure and standards set forth in the Department of Health, Education and Welfare Publication No. (FDA) 75-8003 adequately demonstrate compliance with the minimum standards established by the Act. All other forms of electromagnetic radiation lying between 100 kilohertz and 10 gigahertz shall be restricted to the technical limits established in the Federal Communication Commission's rules and regulations. Additionally, electric or electronic equipment shall be shielded so there is no interference with any radio or television receipt at the lot line, or beyond the operator's dwelling unit in the case of multifamily dwellings, as the result of the operation of such equipment.
Glare. No use shall produce a strong, dazzling light or a reflection of a strong, dazzling light or glare beyond its lot lines. Exterior lighting and illuminated signs shall be shielded and directed so that glare, direct light or reflection will not be observable to adjoining properties, adjoining dwelling units, adjoining residential districts or streets.
Heat. No use shall produce heat perceptible beyond its lot lines.
Ground pollution. No use shall be permitted to discharge any substance into a natural body of water which would cause the temperature of that body of water to rise or fall, either temporarily or permanently.
Noise.[1]
Noise levels shall be controlled and equipment shall be operated in accordance with applicable rules established by the New Jersey State Department of Environmental Protection, as adopted and amended; in addition, when measured at any point along the lot line, the sound pressure level, reference 0.0002 microbar, of any operation shall not exceed the following in any octave band of frequency:
Maximum Permitted Sound Pressure Levels in Decibels
10.6 Octave Band in Hertz
Along Residential District Boundaries
At Any Other Point on the Lot Boundary
600 to 1,200
Above 4,800
The use of sound-amplifying equipment and the creation of all other noncontinuous noises shall be further regulated by an applicable ordinance of the Township.[2]
Editor's Note: See also Ch. 166, Noise.
Odor. Odor shall not be discernible at the lot line or beyond.
Smoke control.
No smoke shall be emitted from any chimney or other source as visible grey greater than No. 1 on the Ringelmann Smoke Chart, as publicized by the United States Bureau of Mines.
Smoke of a shade not darker than No. 1 on the Ringelmann Smoke Chart may be emitted for not more than four minutes in any 120 minutes.
These provisions, applicable to visible grey smoke, shall also apply to visible smoke of a different color but with an equivalent apparent capacity.
Storage of materials and waste disposal.
No flammable or explosive liquids, solids or gases in excess of 275 gallons shall be stored in bulk without being enclosed in a structure with sufficient impermeable space to contain any leakage. Tanks or drums of fuel directly connecting with energy devices, heating devices or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision, provided that they are located on an impermeable pad that will contain any leakage.
All outdoor storage facilities for fuel, raw materials and products and all fuel and all raw materials and products stored outdoors shall be enclosed by a fence adequate to conceal the facilities from any adjacent properties and have an impermeable pad of sufficient size to contain any leakage.
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance be deposited which can contaminate an underground aquifer or other water supply or recreation or which will destroy aquatic life.
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards. All loading/unloading of such materials shall occur inside the building.
No use shall be conducted in such a way as to discharge any treated or untreated sewage or industrial waste, except as shall be approved by the Health Officer and/or the Township of Robbinsville Utilities Department.
Vapors and gases, dust and dirt, fly ash and fumes.
No emission shall be made which can cause any damage to health of any person, animals or vegetation or other forms of property or which can cause any excessive soiling at any point.
No emission of liquid or solid particles from any chimney or otherwise shall exceed 0.1 grain per cubic foot of the covering gas at any point.
For measurement of the amount of particles in gases resulting from combustion, standard correction shall be applied to a stack temperature of 500% excess air.
Ventilation.
No use shall obstruct the natural ventilation of adjacent uses or contaminate the air with excessive heat or odor. Further, no air conditioners or exhaust fans shall be permitted to discharge exhausted air unless set back from all property lines 10 feet or equipped with baffles to deflect the discharged air away from the adjacent use. No air conditioners are allowed directly above doorways.
All rooftop air-conditioning units shall be screened from all views with materials architecturally compatible with the materials and style of the building.
Vibration. There shall be no vibration which is discernible to the human sense of feeling without instruments at any point beyond the lot line.
All public services shall be connected to an approved public utilities system where one exists. The developer shall arrange with the servicing utility for the underground installation of the utilities' distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners, and the developer shall provide the Township with four copies of a final as-built plan showing the installed location of the utilities. The developer shall submit to the Board, prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance or intended full compliance with provisions of this section; provided, however, that lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from these overhead lines, but any new service connections from the utilities' overhead lines shall be installed underground. In cases where extensions of service are needed to existing buildings or new buildings in established industrial subdivisions, industrial parks or shipping centers, the present method of service may be continued. In the case of existing overhead utilities, however, should a road widening or an extension of service or other such condition occur as a result of the development and necessitate the replacement or relocation of such utilities, such replacement or relocation shall be underground.
If a public treatment and collection system is accessible or planned, the developer shall provide for adequate collection and flow to available sewage treatment in each lot and structure within the development.
Any treatment plant and collection system, including individual on-lot septic systems, collective aerobic system, or wastewater reclamation plant, shall be designed in accordance with the requirements of the State Health Department or Township ordinances enforced by the Township Board of Health, whichever is more restrictive, and shall be subject to approval by the Township Board of Health or the Township of Robbinsville Utilities Department.
Sanitary sewer improvements shall comply with all terms and conditions set forth in Chapter 283, Sewers and Sewage Disposal, of the Township's Code of Ordinances.
[Added 7-2-2013 by Ord. No. 2013-19]
§ 142-46 Recyclable facilities for multifamily dwellings. [1]
Definitions. As used in this section, the following terms shall have the meanings indicated:
PLANNED MULTIFAMILY DEVELOPMENT
A development made up of the buildings containing three or more residential dwelling units occupied or intended to be occupied by persons living independently of each other.
RECYCLING AREA
The space allocated for recycling bins intended for the collection and storage of source-separated recyclable materials.
Every new multifamily dwelling development that requires subdivision or site plan approval shall provide for an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials.
The dimensions of a recycling area shall be sufficient to accommodate anticipated usage. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator and shall be consistent with the district recycling plan adopted pursuant to law.
The recycling shall be separate from the refuse dumpster or dumpsters of the planned multifamily dwelling development; provided, however, the recycling area shall be located as near as possible to the refuse dumpster or dumpsters of the development and shall be clearly marked as the collection area for source-separated recyclable materials.
The recycling area shall be well lit and shall be safely and easily accessible by residents and recycling personnel and vehicles. The recycling area shall be designed so that collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. The recycling area shall also be designed in a manner to reasonably protect recyclable materials, bins and containers from theft and vandalism.
Every bin and container intended to be used for the collection of recyclable paper or cardboard, and which shall be located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep recyclable paper and cardboard dry.
The recycling bins and containers, as well as recyclable areas, shall be marked by signs indicating the materials permitted to be placed therein.
Every outdoor recycling area shall be either landscaped or fenced, which shall be approved by the Planning Board.
Editor's Note: See also Ch. 220, Solid Waste Management.
Purpose. The purpose of this section is to provide performance standards that are designed to:
Promote the health, safety and welfare of the community by:
Increasing water, air and soil quality;
Maintaining the unique rural character of the Township;
Enhancing land use relationships;
Creating a comfortable environment for pedestrians; and
Providing aesthetically pleasing civic design.
Protect the environment. Reforestation, landscaping and the provision of vegetation is required for all developments to mitigate environmental degradation caused by land developments. Such vegetation, through processes such as photosynthesis, mineral uptake and chemical conversions, promote oxygen production and uses carbon dioxide, which in turn reduces the "greenhouse" effect. Vegetation also reduces air, noise, heat, water, and chemical pollution through biological filtering capabilities, promotes energy conservation by the creation of shade on buildings and paved areas, provides habitat for wildlife, reduces temperature through evapotranspiration, and encourages the conservation of topsoil by inhibiting erosion.
Protect the "sense of place" unique to Robbinsville Township. In order to maintain a character that is unique to Robbinsville Township and to promote vegetative growth with a minimal use of natural resources such as water and fertilization, the use of native plant species and landscape forms indigenous to the area is encouraged. Recommended plant palettes are a mixture of native and drought-tolerant plant material, which also decreases the need for irrigation. The use of a variety of plant species that meet these criteria, both native and nonnative, is encouraged. Landscape forms typically found in central New Jersey are deciduous forests, hedgerows, agricultural farm fields, meadows, and orchards on a gently sloping to flat terrain. Native plant references are provided in Appendix C, Tables C-3 through C-5.[1]
Editor's Note: Appendix C, Tables C-3 through C-5 referred to herein may be found at the end of this chapter.
Applicability. This section shall apply to any application for a major subdivision plan, preliminary major site plan, and final major site plan or building permit for any nonfarming or nonresidential development resulting in disturbance of an area of soil that is 5,000 square feet or greater. The only exception to this above is that all development applications, including minor subdivisions and minor site plans, are required to provide street trees. Specific zone standards may apply. For Town Center applications, see Town Center requirements.
A landscape plan is required to be submitted as part of all applications and permits as defined by Subsection B. The plan shall be prepared at a scale of no greater than one inch equals 30 feet for site plans and one inch equals 50 feet for landscape master plans and street tree plans. The plan shall be prepared by a licensed landscape architect. The seal of the landscape architect must be affixed to the landscape plan, along with the name, date and license number.
Landscape plans must show a plant schedule, which lists proposed plant names with common and scientific names, installation size and specifications and spacing.
Planting details shall be in accordance with current accepted horticultural practices and shall be shown on the landscape plan.
Planning notes must specify that all plant material shall conform to the American Standard for Nursery Stock, latest edition.
To reduce the need for irrigation for commercial development, native or drought-tolerant plant material is recommended.
Trees should be grouped together and/or planted in landscaped beds, rather than lawn. This will reduce the risk of injury to trees during maintenance.
Parking and loading.
Parking areas must be screened from public view. A screen planting consisting of four trees and 50 shrubs per 100 linear feet of parking perimeter shall be provided. No more than 1/3 of the trees shall be evergreen species. Evergreen trees must be a minimum of six feet at time of planting, and deciduous trees must be a minimum of 2 1/2 inches in caliper at time of planting. Fifty percent of the shrubs provided must be of a broad leaf evergreen species. All shrubs must have a minimum mature height of three feet and be a minimum of 24 inches at time of planting. This screen planting shall not be located within the street right-of-way or any sight triangles.
Configuration of parking islands must accommodate the planting of large shade trees and shrubs with a minimum width of nine feet where any shade tree is proposed. The provision of larger planting areas in the design of interior parking islands is encouraged to promote healthy and long-lived trees. This design concept may be used to create a hierarchy of circulation patterns within the parking lot and may result in varying parking island widths, elimination of parking islands in certain areas and/or some parking islands having few trees while others have many. The design of pedestrian passages within parking lots is required.
A minimum of one planting island equivalent to nine feet wide by 18 feet deep is required per five parking spaces. Islands may be set aside individually or grouped into larger islands, depending on individual circumstances.
A minimum of one tree per 10 parking spaces shall be provided. The tree shall be a minimum of 2 1/2 inches in caliper (B&B)[2] at time of planting. The design of the planting shall place emphasis from the southwest summer sun across paved areas.
Editor's Note: The reference to "B&B" means balled and burlapped.
All planting islands must be landscaped with shrubs and ground cover plantings with no more than 25% of all landscape islands being covered by grass. Pedestrian passages must be provided at least every 50 feet by leaving gaps in the shrubs and providing a walkable surface of brick, flagstone or stone dust.
All loading areas shall be landscaped and screened to a 100% visually impervious condition to block the view of the parked vehicles and loading platforms from any public street, adjacent residential districts or uses and the front yards of adjacent commercial and industrial uses. Earth berms or screening by a fence, wall, or planting, or combination of the four, shall not be less than six feet in height and 100% visually impervious.
Any parking and loading area which, either singly or in combination, contains more than 10 parking spaces shall have curbs, and shall have curbed landscaped islands or cutouts. The islands or cutouts shall contain at least one tree of a caliper of 2 1/2 inches or larger which shall be installed at one per 10 cars, located within the parking lot or along the perimeters of the surfaced area. The kind of landscaping and the location and shape of the islands shall be determined by the Planning Board at the time of preliminary site plan approval and shall have a minimum area equivalent to one parking space for every 10 parking spaces which shall be distributed throughout the parking area.
Sight triangles. Any plant material placed within a sight triangle must be kept permanently clear of limbs between 30 inches and six feet above grade.
Street trees.
Street trees are required to be planted along all proposed private and public streets. All street trees must be planted within the public right-of-way and where possible between curb and sidewalk with a minimum planting strip of six feet in width, subject to the requirements of R.S.I.S.
For residential streets, plant the equivalent of one street tree on each side of the street for every 30 linear feet of roadway.
For nonresidential and mixed uses, street trees shall be planted at 40 feet on center in all zone districts along the frontage of any lot, and on both sides of frontage roads on the site or provided access to a site.
Street trees may be placed in clumps, rows or staggered subject to the discretion of the approving body.
Street tree species should be chosen for salt tolerance, drought resistance, ability to withstand storms without sustaining irreparable damage, resistance to the effects of pollution, long life span, and general resistance to diseases. A recommended list is shown in Appendix C, Table C-2 Shade Trees for Street Planting.[3]
Editor's Note: Appendix C, Table C-2 referred to herein may be found at the end of this chapter.
Street trees shall be a minimum of 2 1/2 inches at time of planting and shall be B&B.[4] All trees shall be of nursery stock and shall be of an approved species grown under the same climatic conditions as at the location of the development. They shall be of symmetrical growth, free of insect pests and disease, suitable for street use and durable under the maintenance contemplated.
Street tree plantings shall not be credited toward any reforestation requirements.
Pedestrian circulation, outdoor spaces and site furnishings.
Accommodations for pedestrian circulation must be provided with every application. Paths shall provide access to all parts of the site and provide links between building and parking areas to transit stops and adjacent parcels. Multipurpose paths shall be a minimum of 10 feet wide and shall be constructed of bituminous, brick paver or floated aggregate concrete.
A minimum of five bicycle spaces shall be provided for every 15,000 square feet of retail space and five bicycle spaces for every 30,000 square feet of office space.
Outdoor pedestrian spaces shall be provided within each nonresidential site, as appropriate. Such spaces shall be defined by traditional landscape architectural elements such as paving, trellises, plant material, lighting and garden walls. In addition, seating, ash urns and trash receptacles shall be provided.
Landscape buffers and screening.
Each use requiring site plan approval shall provide and maintain attractively landscaped grounds and suitable landscaping in order to safeguard the character of adjacent districts.
All plant materials used shall be of a species common to the area, shall be of nursery stock and shall be free of insects and disease.
All plantings and planting areas shall be permanently maintained, and plant material which does not live shall be replaced within one year or one growing season.
Buffer or screen plantings shall be so placed that at maturity the plant material will not negatively impact adjacent properties and not be closer than one foot from sidewalks or right-of-way lines.
Evergreen trees shall be at least six feet high, balled and burlapped, and deciduous trees shall be at least 2 1/2 inches in caliper measured at six inches aboveground, balled and burlapped, at the time of planting.
All trees shall be staked properly for at least two years.
Landscape buffers and screening should not be a detriment to public safety and shall be broken at points of vehicular and pedestrian access to ensure a clear sight triangle.
Buffers.
Buffers shall be provided to separate different land uses in order to eliminate or minimize potential nuisances; to reduce the negative impacts of dirt, litter, noise, glare of lights, and signs; to promote a desirable visual environment by shielding one use from the visual impacts of a different land use; to establish privacy; and to provide sufficient open space in an appropriate location between different land uses. In some instances, buffers are required where development will occur adjacent to an existing use or structure.
Buffers between zone districts and uses. Buffers are required where a nonresidential zone or use and a residential zone or use abut or face each other. The minimum buffer width along the zone boundary or common property line shall be 100 feet. Each use shall contribute to the minimum buffer which shall be located in the residential zone or use and the nonresidential zone or use as follows:
Residential development.
When a residential use develops and abuts or faces land in a nonresidential zone or a nonresidential use, and there is sufficient land within the nonresidential zone or upon the nonresidential property to establish a buffer of at least 50 feet in width, then the residential development shall provide a buffer with a minimum width of 50 feet. The use within the nonresidential zone shall, at the time it develops, provide the additional land and plant material or screening needed to achieve the total minimum buffer width of 100 feet along the zone boundary line.
The residential buffer shall be planted in accordance with Subsection A(2)(b)[4], below.
Within the residential zone, all building setbacks and minimum yards shall be measured from the nearest limit of the buffer and shall be in addition to the required setback.
Nonresidential development.
When a nonresidential use develops along a zone boundary line and abuts or faces land in a residential zone or is adjacent to a residential property, and there is sufficient land within the residential zone or on the residential property to establish the buffer in accordance with Subsection A(2)(b)[1] above, then the nonresidential use shall provide a buffer with a minimum width of 50 feet. The use within the residential zone shall, at the time it develops, provide the additional land and plant material or screening to achieve the total minimum buffer width of 100 feet.
The buffer shall be planted in accordance with Subsection H(2)(b)[4], below.
Transportation rights-of-way.
Residential development shall provide landscaped buffers with the minimum width and principal building setbacks specified below where the residential development abuts the following rights-of-way:
Minimum Principal Building Setback
Minimum Buffer Width
New Jersey Turnpike and I-195
Arterial roads — Routes 130, 33 & 526
Municipal and county collector roads
The residential buffer shall be planted in accordance with Subsection H(2)(b)[4], below.
Where the nonresidential development faces a residential zone boundary along a major street or railroad, and where the facing residential development within the zone has provided or will provide setbacks and a buffer with a minimum width of 100 feet along the major street or railroad as prescribed in Subsection H(2)(b)[3], above, then no additional buffer will be required of the nonresidential development.
Planting.
The buffer along the zone boundary shall be planted to provide a year-round visual screen. The planted screen may include fencing, berms, or walls as well as existing vegetation. The planted screen within the buffer shall be at least 50 feet wide and contain a variety of plant material suited to local conditions, including evergreen and deciduous trees and shrubs. Plant materials shall be selected to provide seasonal color and interest, promote wildlife habitat, and establish an opaque screen at all seasons of the year to a height of at least six feet with intermittent visual obstruction to a height of at least 20 feet. Compliance of the planting plan will be judged on the basis of species selection, average mature height and density of foliage of the proposed plant material, and field observation of any existing plant material.
Where the buffer is to be provided on two adjoining properties, each property shall provide a planted width that is 1/2 of their required respective buffer width extending from the common lot line.
Application of buffer requirements. The standards set forth herein are minimum standards and shall not be construed so as to limit the Planning Board from requiring buffers in excess of said minimum standards as established herein, due to particular existing uses or site conditions.
Buffer areas shall be maintained and kept clear of all debris, rubbish, leaves and tall grass. No above-surface structure, activity, or the storage of materials or parking of vehicles shall be permitted in the buffer area. All buffer areas shall be planted and maintained with grass, ground cover, trees and shrubs.
Screening.
Screening shall be provided to reduce the visual impact of unsightly elements, such as HVAC units, utility boxes, trash enclosures, storage areas and other site improvements that would detract from site aesthetics. A dense screen of trees, shrubs or other plant materials shall be provided along all street and property lines where parking, loading and storage areas can be seen.
Screen plantings may be qualify to be credited toward any reforestation requirements; however, the credit does not reduce the requirement for screen planting.
Unless otherwise specified in this chapter, the required screen planting shall be at least six feet in height when planted and shall be of such density as determined appropriate for the activities involved.
If screening is required, it must be planted according to one of the two following design concepts.
Hedgerow. This concept is to be used for screen plantings less than 100 feet wide. See the recommended plant list in Appendix C, Table C-3, and Figure I, Typical Screening Methods.[5]
For screen plantings 50 feet wide or less, provide either:
Thirty-five evergreen trees ranging equally in number between three feet to four feet in height and eight feet to 10 feet in height planted in the center of the planting width, 10 deciduous trees at one-inch caliper or greater, 25 deciduous whips and 30 shrubs per 200 linear feet of required screen planting; or
A fence, wall or other architectural screen punctuated every eight feet along one or both sides with softening plantings such as vines or espalier plantings. Additionally, eight deciduous two-and-one-half-inch-caliper trees shall be planted on the public side of the fence, wall or architectural element per 200 linear feet of required screen. The fence, wall or other architectural screen shall be constructed to a height high enough to screen the visual nuisance, but no higher than eight feet.
For screen plantings 50 feet wide to 99 feet wide, provide 35 evergreen trees ranging in number equally between three feet to four feet in height and eight feet to 10 feet in height planted along the edge of the screen nearest to the visual nuisance, 30 deciduous trees at one-inch caliper or greater, 40 deciduous whips and 50 shrubs ranging between 24 inches and 36 inches in height per 200 linear feet of required screening.
Editor's Note: Appendix C, Table C-3, may be found at the end of this chapter. Figure I, Typical Screening Methods, is included at the end of this section.
Forest fragment. This concept is to be used for screen plantings 100 feet wide or greater. See the recommended plant list in Appendix C, Tables C-4 and C-5, and Figure II, Landscape Requirements Illustrated.[6] Stocking rates shall be in accordance with afforestation and reforestation planting requirements in Subsection J for the first 80 feet of width adjacent to neighboring streets or neighboring property lines. The remaining 20 feet of width adjacent to development shall be planted with the following plant material for each 200 feet of screen planting:
Thirty-five evergreen trees ranging in number equally between three feet to four feet in height and eight feet to 10 feet in height.
Fifty shrubs ranging between 24 inches to 35 inches in height.
Editor's Note: Appendix C, Tables C-3 and C-4, may be found at the end of this chapter. Figure II, Landscape Requirements Illustrated, is included at the end of this section.
Stormwater management areas.
All detention basins must be reforested according to stocking rates provided in Subsection J. Landscaping of basins is credited toward reforestation requirements of this section; however the credit does not reduce the requirement for landscaping in basins.
Basins must be reforested 25 feet beyond the dyke except within 10 feet of low-flow channels.
In the event that basins are not reforested, basins should be screened from view of adjacent properties and roadways.
Wet basins should include herbaceous plantings for the water's edge.
Afforestation and reforestation requirements.
Planting requirements for Town Center are regulated by the Town Center Open Space Master Plan and § 142-19, TC Town Center District.
Planting rates. Afforestation and reforestation must be planted at a rate of 100 trees at a size of 1.5 inches to two inches in caliper, 200 trees installed at one-inch caliper, or 350 trees installed as whips (five feet to six feet height), and 40 woody shrubs per acre. It is recommended that combinations of the above size and stocking rates be used in the same planting for visual variety. Shrubs should be located to the edges of the planting, and a native grass mix must be seeded over the area of the planting.
Plants native to Robbinsville Township shall be used for afforestation and reforestation and have been provided in Appendix C, Tables C-4 and C-5.[7]
Editor's Note: Appendix C, Tables C-4 and C-5, referred to herein may be found at the end of this chapter.
All retained woodlands, all afforestation, and all reforestation areas conforming to this section must be placed in a permanent forest conservation easement to be recorded in the land records with the following restrictions placed on activities within the conservation easement:
No tree shall be removed without a permit, according to the provisions of § 142-39 and existing trees to remain shall be protected in accordance with § 142-47K;
Understory plantings, including but not limited to brush, shrubs, saplings, seedlings, undergrowth and vines may not be removed unless they have been identified as an exotic and invasive species, according to a list provided in Appendix C, Table C-1;[8]
Editor's Note: Appendix C, Table C-1, referred to herein may be found at the end of this chapter.
Fences are permitted within the easement, provided their construction can be accomplished in compliance with this section;
No relocation of plant materials will be permitted;
No dumping of man-made or other materials, including but not limited to lawn clippings, brush, ashes, sawdust;
Leaf litter may be spread evenly over the forest floor, provided that it results in a leaf litter cover no more than one-inch thick and that it does not contain other debris;
Pathways may be placed within the easement, provided that they do not require the removal of any trees with exceptions being approved by Board's professionals.
Priority areas for woodland presentation, afforestation, and reforestation (conservation easements required). Trees, shrubs, plants, and specific areas shall be given priority for retention, protection, afforestation, and reforestation and they shall be left in an undisturbed condition unless the applicant has demonstrated, to the satisfaction of the Planning Board, that reasonable efforts have been made to protect them and the plan cannot be reasonably altered, or unless they are exotic and invasive.
Retention and protection priorities are as follows:
Trees and forests that are part of an historic or cultural site, critical view shed, or within the public realm;
Trees, shrubs, or plants determined to be rare, threatened, or endangered;
Contiguous forest that connects the largest undeveloped or most vegetated tracts of land within and adjacent to the site;
Specimen trees.
Afforestation and reforestation priorities are as follows:
Establish forest cover in land use screen plantings and to provide context for land use;
Establish or increase existing forest corridors to connect existing forests within or adjacent to the site, and, where practical, create forest corridors a minimum of 300 feet wide to facilitate the movement of wildlife;
Establish forest areas adjacent to existing forests in order to increase the overall area of contiguous forest cover;
Establish or enhance forest cover adjacent to critical habitats where appropriate;
Establish or enhance forest cover in floodplains and stream buffers;
Establish forest cover to stabilize slopes of 15% on erodible soils, including the slopes of ravines and other natural depressions and in stormwater detention basins.
Maintenance agreement. Any person required to conduct afforestation or reforestation shall include in the forest conservation plan a maintenance schedule, specifications, and binding maintenance agreement for the minimum length of two years from the time the last certificate of occupancy is issued. The maintenance agreement shall detail how the areas designated for afforestation or reforestation will be maintained to ensure protection and satisfactory establishment of forest. The maintenance schedule, specifications, and maintenance agreement must be on file before a building permit is issued.
Afforestation (as defined in § 142-7 as planting over an area that has not been previously forested or has not had forest cover for a long time).
Exclusive of Town Center, all other zones in the Township shall provide the following:
Percentage of Site That Is Wooded (Predevelopment)
Area Required to be Planted
At least 20%
Greater than 50%
The afforestation requirements of this section must be accomplished before the issuance of a certificate of occupancy for all sites except residential subdivisions or phased developments, in which case they must be accomplished for each phase before the certificate of occupancy is issued for the last unit in each phase.
If afforestation cannot reasonably be accomplished on site, afforestation off site may be proposed, subject to Planning Board approval.
Afforestation of detention basins and edge buffers shall be credited toward the afforestation requirement; however, if plantings are required over and above the afforestation requirement to achieve appropriate buffer requirements, the stricter standard shall apply.
Reforestation (as defined in § 142-7 as restoring a forested area).
The reforestation requirements under this section must be accomplished before the issuance of a certificate of occupancy for all sites except residential subdivisions or phased developments, in which case they must be accomplished for each phase before the certificate of occupancy is issued for the last unit in each phase.
If reforestation cannot be reasonably accomplished on site, afforestation off site may be proposed, provided that the site is located within Robbinsville Township and proof of ownership or permission to afforest the site and place the afforestation within a permanent conservation easement can be proven.
Tree protection.
Tree fencing. All woodland and forest areas proposed for retention on the woodland conservation plan must be fenced with blaze orange fencing with a warning sign placed every 100 linear feet along the fenced area. A tree protection detail should be provided on the plans and should illustrate that the tree protection fence will be set back from the trunk one foot for every inch of tree diameter. Plans should depict the location of the tree protection fence and dimension the distance from the property line.
No clearing, grading, or land disturbance may begin until the tree fencing has been installed and inspected by the Township Engineer.
No construction, stockpiling, storage, dumping, or heavy machinery may take place inside the fenced area.
Photographic documentation. All woodland and forest areas proposed for retention on the woodland conservation plan must be documented by photographs before the start of construction, and the photographs must be kept on record until the certificate of occupancy is issued.
Replacement. Any woodland and forest areas proposed for retention on the woodland conservation plan that are damaged or destroyed during construction must be replaced at a ratio of two acres for every acre of existing woodland resources slated for conservation that is damaged or destroyed. Individual trees not associated with a forested area that are proposed for retention on the forest conservation plan that are damaged or destroyed during construction shall be replaced with five-inch caliper trees of a quantity sufficient to equal the diameter at breast height of the tree that was damaged or destroyed and shall be of the same species.
Landscaping maintenance and guarantee.
Any plant material that does not survive shall be replaced within one year or one growing season. Any plantings more than 30% dead will be considered in need of replacement.
All landscape plantings must be maintained for a period of two years from the time of planting. Landscaped areas should be pruned as necessary and free of trash and weeds.
A landscape maintenance schedule, specifications, and an executed maintenance agreement must be on file before a certificate of occupancy is issued.
Figure I, Typical Screening Methods
Figure II, Landscape Requirements Illustrated
March Associates Landscape Architects, PC
Prohibited signs and sign features.
No sign may be placed on or attached to a building or erected independently for any purpose other than to advertise a permitted business or use conducted on the same premises.
No billboards or outdoor display structures shall be erected or replaced.
No roof signs shall be permitted.
No sign of any type shall be located so as to obstruct driving vision, traffic signals, traffic directional and identification signs, other signs on other properties, other places of business, doors, windows, fire escapes or other signs on the property on which it is located.
No sign shall be painted on or attached in any manner to trees, fence posts, stumps, utility or other poles, sidewalks, curbs or other signs, but shall be freestanding or attached to buildings in an approved manner.
No sign other than official traffic control devices or street signs shall be erected within, be suspended above or encroach in any manner upon the right-of-way lines of any street unless specifically authorized by another ordinance of the Township.
No sign shall be exhibited which is portable, i.e., fixed on a movable stand, self-supporting without being firmly embedded in the ground, supported by other objects, mounted on wheels or movable vehicles or made easily movable in some other manner. This prohibition shall not include vehicles upon which lettering or other symbols have been painted, unless such vehicle is regularly parked in such a manner and location as to constitute a sign.
No sign shall be erected, used or maintained which in any way simulates official, directional or warning signs erected or maintained by the State of New Jersey or by any county or municipality thereof or by any public utility or similar agency concerned with the protection of the public health or safety.
No advertisement which uses a series of two or more signs placed in a parallel line to carry a single advertising message, part of which is contained on each sign, shall be permitted.
No signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement, any type of LED-type display of words, symbols or other type of messaging, except clocks and thermometers, shall be permitted.
Plastic backlit signs must illuminate the lettering or symbols, and not more than 1/2 the normal intensity of the letters and symbols shall illuminate the background material. If the background material is clear, white or of an opaque color, no more than 1/4 of the normal intensity of the letters and symbols shall illuminate the background material.
Mechanical animals or mascots are prohibited.
Administration and enforcement. The erection of any sign shall require a construction permit and zoning permit unless otherwise specified hereinbelow. No signs shall be erected, altered or replaced nor shall any permits be issued for signs which are not in accordance with the standards established in this chapter. Each application for a zoning and construction permit for the erection of a sign shall be accompanied by plans showing the area of the sign, size and character, the method of illumination, if any, the exact location proposed for such sign, the proposed method of fastening such sign to the building structure, the vertical distances between such sign and the curb, the horizontal distance between such sign and the street right-of-way line and any other additional information as may be requested by the Construction Official.
The following signs are exempt from the need to secure zoning and construction permits:
Decoration for a recognized officially designated holiday, provided they do not create a traffic or fire hazard, and provided that provision is made for the removal within 30 days after the holiday.
Official signs, erected by local, county, state or federal government agencies.
Memorial or historic markers when approved by the Township Engineer and when not more than four square feet.
Political signs temporarily giving notice of political campaigns shall be set back at least five feet from all street right-of-way and property lines and shall not exceed 16 square feet in area. Signs shall be permitted within 60 days prior to any municipal, county, state or national election and shall be removed within seven days after the election.
Yard or garage sale signs. Such signs may not exceed six square feet; may not be erected more than seven days prior to such sale; and must be removed within 48 hours after the sale.
Temporary real estate signs and signs of contractors, mechanics, painters, paperhangers and/or artisans, on the lot on which the real estate for rent or sale is located, or the lot on which the contracting work is being performed, shall be limited to one per lot for each contracting entity actively engaged in performing the service on or for the premises where the sign is placed. Said signs shall not be larger than six square feet nor more than four feet high. They must be removed within seven days of the sale or rental of the premises or completion of the work to which the sign relates. A temporary sign may also be placed by a real estate broker (or any resident selling their own residence) advising the public of an open house on the tax lot. The sign shall be displayed only on the day prior and/or day of the open house.
Temporary construction site signs shall be limited to one per lot. Signs shall not be larger than six square feet and removed within 10 days of receiving a certificate of occupancy by the Building Department.
One portable sign, that is not permanently affixed to a structure or the ground (e.g., A-frame or sandwich board signs). The A-frame or sandwich-board type sign is constructed with two faces which rest at an angle less than 45° to each other. A portable sign shall only be displayed during the business hours of which it represents.
Signs forbidding trespassing, hunting, fishing or trapping as authorized by the Fish and Game Laws shall not require a construction permit, but shall be replaced annually.
Signs advertising a sale or event for any charitable purposes shall not exceed 24 square feet, provided the height of the sign face is not greater than four feet, and shall not require a construction permit, provided that such signs are erected within 20 days prior to the date of sale or event and removed within two days after such date. The signs shall be set back a minimum of 10 feet from the property line in all other zone districts.
No attached sign shall be higher at any point than the cornice or soffit line of the building.
No freestanding sign can be higher than 12 feet.
Freestanding or monument signs. Freestanding signs shall be supported by one or more columns or uprights which are firmly embedded in the ground. Exposed guy wires, chains or other connections shall not be made a permanent support of the freestanding sign. Supporting frames for freestanding signs shall be of permanent materials, such as steel, concrete or masonry.
Illuminated signs. Illuminated signs shall be arranged as to reflect the light and glare away from adjoining premises and away from adjoining highways. No sign with yellow, red, green or blue illumination in a beam, beacon or flashing form resembling an emergency light shall be erected in any location. Backlit signs are permitted as described above.
Information and direction signs. Street number designations, postal boxes, on-site directional and parking signs and warning signs are permitted in all zones, but are not to be considered in calculating sign area. No such sign shall exceed three square feet in area.
Maintenance. Any sign that is or shall become obsolete, dangerous or unsafe in any manner whatsoever and is in accord with this chapter shall be repaired and made safe, and sized in conformity with this chapter or shall be removed by the owner, lessor, agent or occupant of the building, property or land upon which it is placed or to which it is attached. A written notice shall be served upon the owner, lessor, agent or occupant of a building, property or land upon which a dangerous or unsafe sign is located. The notice shall require necessary action to be taken within 10 days from the date of service of the notice upon such person or within such lesser time as shall be deemed reasonable in cases where the danger to public health, safety and general welfare is so imminent as to require more immediate abatement. All signs shall be constructed of durable materials and shall be maintained in good repair at all times.
Continuation of nonconforming signs. Nonconforming signs may be continued in use but may not be enlarged, relocated, altered, rebuilt, extended or made less conforming. Failure to keep any such sign painted or in good repair for a period of six consecutive calendar months shall constitute abandonment, and such sign shall then be removed. Existing nonconforming signs shall be replaced with a change in occupancy, use or upgrading of a facility.
Sign area. The area of a sign shall be measured around the outside edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background, whether open or enclosed, but said area shall not include any supporting framework and bracing incidental to the display itself. Area shall be measured by using the surface of one side of a sign with two exposures. Signs inside windows of commercial establishments shall not require a construction permit and shall not be considered in computing the allowable signs or area; provided, however, that such interior signs shall not exceed 40% of the total window area.
Wall fascia or attached signs. Wall fascia or attached signs shall be firmly attached to the exterior wall of a building and shall not project more than 15 inches from the building. Where any such sign projects more than three inches from a building facade or wall, the lowest portion of the sign shall be at least 10 feet above the finished grade elevation immediately beneath it.
Street signs. Street signs shall be metal on metal posts of the type, design and standard previously installed elsewhere in the Township. The location of the street signs shall be determined by the Board, but there shall be at least two street signs furnished at each intersection. All signs shall be installed free of visual obstruction.
Permitted signs.
Single-family residences. One nonilluminated attached or freestanding nameplate for each residence, which sign shall be situated within the property lines and shall not exceed one square foot in area.
Farms. One nonilluminated freestanding sign not exceeding 12 square feet in area and situated not less than 10 feet from any lot line.
Churches. One freestanding sign not exceeding 12 square feet in area and six feet in height and set back at least 10 feet from all lot lines, plus one attached sign not exceeding 24 square feet in area or 10% of the front of the building, whichever is less.
Golf courses. One freestanding sign not exceeding 12 square feet in area and six feet in height and set back at least 10 feet from all street rights-of-way and lot lines.
Hospitals. One freestanding sign not to exceed 48 square feet in area and six feet in height set back a minimum of 10 feet from all lot lines, or an attached sign not exceeding 30 square feet in area.
Local retail sales of goods and service activities, banks and professional offices in their own buildings in commercial zones other than Town Center. The TC Zone has specific sign requirements as set forth in that section. Each building may have one freestanding and one facade sign displaying the name of the use, each sign not exceeding an area equivalent to 5% of the front of the building or 48 square feet, whichever is smaller. If freestanding, the sign shall be set back 10 feet from all property lines and shall not exceed 12 feet in height as measured from the ground to the topmost portion of the structure. Where there is more than one use within a building with each having direct access from the outside, each use may have an additional facade sign to comply with the requirements above, identifying the name of the activity, at its entrance. Corner lots with access to both streets may have an additional freestanding sign to comply with the requirements above.
Office buildings, hotels and motels may have one freestanding and one facade sign, not exceeding an area equivalent to 5% of the front facade of the building or 75 square feet, whichever is smaller. If freestanding, the sign shall be set back 20 feet from all property lines and shall not exceed a height of 12 feet measured from the ground to the topmost portion of the structure. Corner lots with access to both streets may have an additional freestanding sign to comply with the requirements above. Supporting frames for freestanding signs shall be of permanent materials such as steel, concrete or masonry.
Each shopping center and planned commercial development may have one freestanding sign along each arterial or collector road, which the tract in question abuts, provided that there exists at least 250 feet of unbroken frontage. Such sign shall not exceed a height of 24 feet measured from the ground to the topmost portion of the structure, shall be set back from the street rights-of-way and driveways at least 35 feet, shall be set back from any property line a minimum of 35 feet, shall not exceed an area of 150 square feet and may be used to display the names of the tenants of the shopping center or development. Supporting frames for all such signs shall be of permanent materials such as steel, concrete or masonry.
Where uses share a common walkway, each use served by the walkway may have one additional sign which shall be either attached flat against the building or be suspended in perpendicular fashion from the roof over the common walkway. Suspended signs shall be no closer than 10 feet at their lowest point to the finished grade level below them. No such sign shall exceed nine square feet in area.
All signs in a shopping center shall conform in character to all other signs in the complex and shall blend with the overall architectural scheme of the shopping center.
Service stations may be permitted one freestanding sign and one sign attached flat against the building. The freestanding sign shall not exceed an area of 32 square feet and shall be set back at least 10 feet from all property lines and not higher than 12 feet. The attached sign shall not exceed 30 square feet in area and be attached no higher than the cornice line of the building. Each canopy may have one sign, not exceeding four square feet.
Laboratories, research or industrial park, industrial and manufacturing plants, wholesale distribution centers and warehouses shall be permitted one facade sign not larger than the equivalent of 5% of the front wall of the building or 100 square feet, whichever is smaller, for each tenant up to a total of three signs maximum per building; and one freestanding sign per building not to exceed 12 feet in height, and 100 square feet and set back from all lot lines at least 20 feet.
Off-premises signs: businesses shall apply to the Technical Review Committee for an approval of an off-premises sign. Off-premises signs shall comply with the standards for the zone. The fee shall be $100.
Temporary signs to advertise grand openings, sales and special events shall comply with the following: A zoning permit must be obtained prior to displaying any temporary sign. A maximum of three temporary sign permits shall be approved per year per business; each sign shall not exceed 50 square feet and may not be displayed for more than 60 days per event. Banners shall be securely attached to an approved fence or structure. Promotional balloons, inflatable seasonal display items may be displayed a maximum of 60 days per year and a maximum of 20 continuous days per event. A special event permit may be issued for an outdoor display structure not exceeding 64 square feet and not to exceed seven feet in height, for a period of no more than 30 days continuous. Said special event permit shall be $100.
Signs for properties with frontage on State Highway 130.
All permanent signs existing as of January 1, 1998, presently maintained on property with frontage along Route 130 shall be permitted to remain notwithstanding any other provisions contained in this section; however, no sign may be modified so as to render it more nonconforming. Such signs shall be replaced upon the change of ownership or tenant.
Commercial property along Route 130 will be permitted to have the following signs:
One freestanding or monument sign.
Maximum sign area: 75 square feet per side.
Maximum sign height: 12 feet.
Minimum setback: 10 feet or meet the regulations for a highway sign as promulgated by the New Jersey Department of Transportation. (Signs may not encroach in sight triangles as determined by the Township Engineer.)
Signs must be securely anchored to the ground with either a uniform monument-type construction or as described under Subsection A(5), Freestanding or monument signs; however, an approved NJDOT sign must have bases that have been designed under the rules promulgated by NJDOT.
One or more facade signs.
Maximum sign area for all facade signs: equal to 10% of the front facade or portion thereof leased by tenant; area measured to top of fascia.
No signs are to be located on roofs or above parapet walls.
Signs shall project no more than 15 inches from the face of the building.
Canvas signs are permitted if securely attached to building facade.
Awnings are permitted. The sign area shall be calculated by that area devoted to a message.
Driveway directional signs (i.e., enter/exit signs).
Maximum sign area: six square feet per sign face.
Maximum number of signs: two per site entrance road.
Minimum distance between signs: 50 feet.
Where a property has rear parking, one facade sign, not to exceed 16 square feet, may be mounted on the building to advertise building tenant(s). Sign must be indirectly lit.
Corner lots. Corner lots may have two freestanding or monument signs not to exceed in aggregate 70 square feet [location and height limitation same as in Subsection D(2) above]. No one sign may exceed 50 square feet in area.
Inapplicability. This section shall not apply to the Town Center District.
Streets.
All development shall be served by paved public streets with an adequate crown as required by Township Engineer. The arrangement of streets not shown on the adopted Township Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets and should conform to the topography where practicable.
When a new development adjoins land susceptible of being subdivided, suitable provisions shall be made for optimum access of the remaining or adjoining tract to existing or proposed streets.
Each residential street shall be classified and designed in accordance with the standards set forth in the New Jersey Residential Site Improvement Standards (R.S.I.S.) N.J.A.C. 5:21-4 et seq. Unless specified otherwise below, streets providing service to nonresidential developments shall also comply with N.J.A.C. 5:21-4 et seq.
Grades on all nonresidential streets shall not exceed 10% unless a unique natural state shall exist. On the basis of such a situation, the Township Engineer shall review the particular deviation and report his findings and recommendations to the approving authority. No street shall have a minimum grade of less than 0.005%.
If a dead-end is of a temporary nature, a turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.
Vertical curves and sight distances shall be based on an estimated design speed of the roadway where it is likely the speeds will frequently exceed the posted limit.
A tangent at least 200 feet long shall be introduced between reverse curves on arterial and collector streets. When connecting street lines deflect from each other at any one point, they shall be connected by a curve with a radius conforming to standard engineering practice so that the minimum sight distance within the right-of-way shall be 350 feet for local streets, 500 feet for collector streets and 800 feet for arterial streets.
Culs-de-sac of a permanent nature (where provision for the future extension of the street to the boundary of the adjoining property is impractical or impossible) or of a temporary nature (where provision is made for the future extension of the street to the boundary line of adjoining property) shall be no more than 750 feet in length and shall provide a turnaround at the end with a radius of 50 feet on the curbline plus a utility and planting strip width of 10 feet around the entire cul-de-sac or, in lieu, a hammerhead turnaround. If a circular cul-de-sac is used, the center point for the radius shall be on the center line of the associated street or, if offset, offset to a point where the radius becomes tangent to the right curbline of the associated street. A one-hundred-foot cul-de-sac requires a landscaped planting island with a diameter a minimum of 15 feet. Hammerhead turnarounds are recommended for local residential streets containing less than 12 units.
No street shall have a name which will duplicate or so nearly duplicate the name of an existing street that confusion results. The continuation of an existing street shall have the same name. Curvilinear streets shall change their names only at street intersections. The Board shall reserve the right to approve or name streets within a proposed development.
The pavement width of streets and the quality of surfacing and base materials shall adhere to the minimum standards set forth by the Township, county or state engineers when the paving concerns roads under their jurisdiction and where such standards exist. Concerning streets under the jurisdiction of the Township, the following standards shall apply:
The minimum requirements of any new street shall be constructed according to the specifications and procedures as set forth in the New Jersey State Highway Department Standard Specifications with addenda.
On all secondary and primary local roads, the base course shall be five inches of bituminous stabilized base, stone Mix No. 1, placed on a compacted, unyielding subgrade which has been inspected and approved by the Township Engineer.
On all Township collector and arterial streets, the base course shall consist of bituminous stabilized base, stone Mix No. 1, applied in two lifts upon a compacted unyielding subgrade, which has been inspected and approved by the Township Engineer. Township collector streets shall have six inches of base course, while Township arterial streets shall have seven inches.
The surface course for all classes of Township streets shall consist of two inches of bituminous concrete, Type FACB-1, Mix No. 5, applied according to state highway specifications.
The approval of any map of land delineating streets by the governing body of the Township shall in no way be construed as an acceptance of any street indicated thereon.
Curbs. Belgian block or concrete curbing shall be installed along every street within a subdivision and at intersections with existing Township, county or state roads and shall be laid in a manner approved by the appropriate governmental authority and specified in each of the zones. Township roads shall adhere to the following specifications unless otherwise upgraded by the Township Engineer:
If concrete, the curbing shall meet the following specifications:
The concrete to be used for curbs shall be concrete at 4,500 pounds per square inch as specified in the New Jersey State Highway Specifications for Curbs and Gutters.
Expansion joints shall be provided at maximum intervals of 20 feet and shall be sealed as specified by the Township Engineer.
Openings for driveway access shall be in such widths as shall be determined by the Township Engineer and in accordance with § 142-41D. The curb at such driveway openings shall be depressed to the extent that 1 1/2 inches extend above the finished pavement. The rear top corner of this curb shall have a radius of 1/4 inch, and the front top corner shall have a radius of 1/2 inch.
Belgian block curbing shall be as specified for each of the zones. Inclined edges in the RR Zone and vertical in all other zones except as specified in the chapter. See details for vertical Belgian block; stones used for local roads shall not be less than 10 inches in height and shall be constructed to show a vertical face above the roadway pavement of six inches. Stones used for Township collector and arterial roads shall not be less than 12 inches in height and shall be constructed to show a vertical face above the roadway pavement of eight inches.
Depressed curb ramps for the handicapped shall be installed at all curb radii in accordance with the laws of the State of New Jersey.
Sidewalks and aprons.
Sidewalks and aprons shall be required on both sides of all existing and proposed streets serving a collector or residential function, and as further required by the Board depending upon the probable volume of pedestrian traffic, the development's location in relation to populated areas and the general type of development intended. Sidewalks shall be required on both sides of all local streets in all zones.
Where required, sidewalks shall be at least four feet wide and located as approved by the Board. Sidewalks shall be concrete or an equivalent approved by the Board and shall be constructed in accordance with Division 5 of the specifications of the New Jersey State Highway Department 4,500 pounds per inch. No asphalt sidewalks are allowed (see Subsection B).
Sidewalks shall be installed from driveway to main entrance.
Mausoleums and columbariums or any structure intended to hold or contain dead bodies may be located in any public cemetery or any cemetery constructed and used as an accessory use to a church, synagogue or other house of worship, as defined by this chapter.
Any such mausoleum or other structure proposed to hold or contain dead bodies shall not exceed an overall height of 35 feet above ground level exclusive of any ornamental spires, cupolas or the like which shall not exceed 10 feet in height.
Any such mausoleums or structures proposed to hold or contain dead bodies shall be built in conformity with area and bulk restrictions as follows:
Minimum area of cemetery plot required: five acres.
Side yards: a minimum of 150 feet.
Setback: a minimum of 150 feet.
Minimum rear yard setback: 150 feet.
The structures shall not be constructed without the obtaining of a building permit from the Construction Official of the Township nor without the written approval of plans and specifications presented to the State Department of Community Affairs, which certification of approval must be presented to the Township Construction Official, together with the detailed plans and specifications so approved by the State Department of Community Affairs, before any work is begun on the structure.
Private residential swimming pools shall meet all of the requirements of an applicable ordinance of the Township. Public swimming pools shall meet the appropriate design standard as set forth by the Uniform Construction Code of the State of New Jersey, and shall comply with approved bacteriological standards which may be promulgated by regulations issued by the Board of Health of the Township of Robbinsville, the State of New Jersey or other authority having jurisdiction.
Any manufactured, artificially constructed or developed swimming pool or swimming pond, excluding reservoirs or ponds used by farmers as part of their irrigation system, which has a depth in excess of 18 inches at any point and is permanently or temporarily established or maintained upon any premises by any individual for such individual, such individual's family or such individual's guests.
Location, setbacks and requirements. Private swimming pools are permitted as an accessory use to residential dwellings in every zone wherein that principal use is permitted, subject to the following:
No permanent or temporary swimming pool or accessory building shall be erected or placed nearer to a street property line or nearer to a side or rear property line than would be allowed for accessory buildings in the various zoning districts of the Township.
The location of pools shall be as follows:
The side and rear setbacks are measured from the side and rear property lines to the pool structure, which includes swimming pool equipment and concrete or masonry edging. Ground-level patios, decking and walkways which are appurtenances to the structure shall meet the required minimum side and rear yard setbacks for the zone.
All equipment, including but not limited to heaters, filters and pumps, shall be located in the rear yard no closer than the rear or side setback to the adjoining property line and be situated below ground level or suitably screened by an approved method of fencing not to exceed five feet in height, or landscaping, as to not be visible from adjoining and neighboring properties or streets.
From structures:
Aboveground pools. No aboveground swimming pool shall be placed or constructed within 10 feet to any structure.
In-ground pools. In-ground pools shall be constructed in such a way that the distance from the inside face of the pool at the water line to the outside face of any foundation walls shall be not less than 10 feet to any structure.
Swimming pools will not be located over or within 20 feet horizontally from any septic disposal field or within 10 feet horizontally of a septic tank or distribution box.
In the case of a corner lot, a pool shall not be constructed any closer to the side street line than the principal structure and within any front yard setback.
A private swimming pool shall not be constructed or installed on any premises unless a residence building is also located on the premises.
No property will be subdivided if the result will be that a swimming pool will be separated in ownership from an adjoining residence.
In the case of lots with double frontage, or two noncontiguous front street lot lines, a pool may be constructed within the principal building envelope if appropriately screened, with a solid wall of evergreens or solid fence no higher than six feet, so as not to adversely affect adjoining property owners and the overall appearance of the community.
[Added 12-5-2018 by Ord. No. 2018-37]
Health requirements.
Water supply. There shall be no physical connection between a public or private potable water supply system and such swimming pool at a point below the maximum water level of the swimming pool or to a recirculation or heating system of a swimming pool, unless such physical connection is so installed and operated that no pool water can be discharged or siphoned into a potable water supply system.
Design requirements.
Swimming pools regulated by this chapter shall be so designed and constructed as to facilitate emptying and cleaning, and shall be maintained and operated in such manner as to be clean and sanitary at all times. The inlet of the pool shall be so located and spaced as to secure satisfactory dispersion of inflowing water throughout the pool, and to permit draining, cleaning and disinfecting of the bottom and sides.
No swimming pool shall be constructed so that its drain outlet shall connect in any manner to any sanitary sewerage disposal system.
Drainage design shall ensure that the structures will not adversely affect the existing natural flow and drainage of water across adjoining properties and streets.
Drainage design shall include approved methods of detention on the property of all water associated with maintenance, repair, back flushing and emptying of the structure. There shall be no runoff of water from these activities onto adjoining properties, watercourses or streets.
An in-ground pool, aboveground-level pool, hot tub/spa located in the rear yard area and not structurally attached to the principal building shall not exceed four feet six inches in total height from the lowest point of grade level to the uppermost top of the structure's walls or structural assemblies, excluding ladder, slide, or diving board assembled. Raised and/or attached walkways, decking and railings exceeding the maximum height requirements are not permitted.
All swimming pools may be constructed as to be an adjoining, attached and integral part of an open deck structure attached to a principal structure. In such applications, the deck assembly must comply with all applicable zoning and Uniform Construction Code requirements, in addition to the height and separation distances as required in this section. Exceptions: A hot tub/spa installed on the platform level of the deck may exceed the total height requirement of four feet six inches from grade to take into account the height above grade of the deck platform.
All private swimming pools now existing or hereafter constructed, installed, established or maintained shall be enclosed with a substantial fence and gate that comply with the state uniform construction code.
Zoning permit.
Applicants shall pay a zoning permit fee for a permit to erect a swimming pool, which permit fee shall be exclusive of any permit fees required under the Construction Code for the erection of the pool and any accessory structure or structures to be used in connection with such swimming pool.
A detailed plot plan of the property and proposed project, drawn to scale, prepared, signed and sealed by a licensed New Jersey engineer, is required. The plot plan shall show the following information, items and details:
All existing and proposed buildings, structures, equipment and all related appurtenances with dimensions and property setbacks to same.
Grade elevations (existing and proposed) shown at adjoining property boundaries, on the property, at the buildings/structures and water surface areas. The source of the survey information and elevation datum used in preparation of the plot plan is also required.
Utility and piping locations, sizing and connections.
Safety fencing, gates and enclosure assemblies' location and details.
Location of drainage/back-flush area of alternate system design details with explanatory notes.
Location of lighting fixtures, areas of illumination and methods of shielding.
Coverage calculations for building/structure coverage and total lot coverage per Township ordinance.
A zoning table reflecting the relevant existing requirements and proposed conditions of compliance or noncompliance.
Any other information deemed relevant to the project.
The operating water level shall not be on average higher than one foot above the existing or approved grade elevation of the ground surface.
The requirement for a lot grading plan may be waived by the Township Engineer if, in his opinion, the proposed construction or land disturbance will not present any risks or problems of soil erosion, drainage or other environmental damage.
Construction permits.
Permit required. No private swimming pool shall hereafter be constructed, installed or altered without the property owner having first obtained a permit in the manner hereinafter provided.
Application for permit. An application for such a permit shall be made to the Construction Official. The application shall include:
Two sets of plans and specifications or descriptive brochures.
A description of the water inlet system.
Construction plans shall show all details of the proposed structures, buildings and appurtenances with dimensions, construction methods, vertical elevations and sections through the pool, including depth. The detailed plans shall show methods of compliance to the applicable codes.
Manufacturer's product literature and specifications, with testing agency approvals for all proposed equipment, but not limited to heaters, pumps, filters and the like equipment, is required.
A plumbing diagram, as applicable, is required.
A sealed survey showing current existing conditions of the property, including but not limited to building locations and structures, paved areas, sidewalks and major landscaping, is required.
The swimming pool construction checklist filled out and signed by the owner, applicant and/or agent is required.
Inspections. Before the pool is put into use, the Construction Office will make an inspection and assure compliance with the structure and health requirements.
No provision of this section shall mitigate any provision of the Building Code that is applicable to swimming pools.
The construction of any swimming pool (portable or permanent) shall follow the design and safety precautions of good building practice. All pools shall be designed and constructed so as to facilitate emptying and cleaning and shall be maintained and operated in such manner as to be clean and sanitary at all times.
All permanent swimming pools shall be so constructed, developed, installed and maintained as to provide necessary equipment for chlorination and other disinfection and filtration. The filtration system shall have sufficient capacity to complete the recirculation of pool water in 18 hours or less.
Certification: A New Jersey licensed professional engineer must certify that the final as-built grading of the lot is in compliance with the approved grading plan.
Operation and maintenance; artificial lighting. All artificial lighting of the pool area shall be shielded from direct view of neighboring properties or roads.
Enforcement.
Every private swimming pool constructed, installed, established or maintained in the Township shall at all times comply with the requirements of the Construction Office. Any nuisance or hazard to health which may exist or develop in or in consequence of or in connection with the private swimming pool shall be forthwith abated and removed by the owner, lessee or occupant of the premises on which the pool is located upon receipt of notice from the Township officials.
Code Enforcement Bureau, Health Department, Public Works Department, Police Department and Township officials and officers shall have the right of entry, inspection and enforcement for observed and reported violations under their jurisdiction.
The owner or operator of any pool within the Township shall allow the Zoning Official, Building Inspector and the Health Officer, or any authority or official, access at all reasonable times to any private swimming pool for the purpose of inspection to ascertain compliance with this chapter and all other pertinent Township ordinances.
All appeals of determination by the Zoning Officer or required variance applications for relief from requirements are expressly the jurisdiction of the Zoning Board of Adjustment, except in the case of a site plan approval application or presentation in which the Planning Board has jurisdiction per New Jersey Municipal Land Use Law.[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Violations and penalties. Any person who violates any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Article II, General Penalty.
The installation or construction of any tennis court shall require a construction permit and shall be subject to site plan review in accordance with the provisions of Article VIII of this chapter. Review and approval by the Township Engineer of a drainage plan to ensure that there will be no increase in the quantity of stormwater runoff or in its surface channelization as a result of the construction of the tennis court; review and approval by the Board of a landscaping plan to buffer and screen the tennis court from adjacent properties; and review and approval by the Board of Health to ensure that the construction of the tennis court shall in no way interfere with the operation or maintenance of any sanitary disposal system shall be specifically required as part of such site plan review.
No outdoor tennis court, other than one which is located in a commercial tennis center and situated at least 500 feet from any residential zone or use, shall be lighted for night play. All tennis courts shall be maintained and operated so that they do not cause noise, nuisances or annoyances to neighbors, property owners or citizens and residents of the Township.
The construction and use of a private tennis court shall be permitted only as an accessory use and structure to a principal permitted use and structure on the same premises. Use of a private tennis court shall be limited to residents and guests of the premises and shall not be operated for profit.
A private tennis court shall be set back from all lot lines at least the minimum distance for accessory buildings and shall meet the maximum uniform percent of lot coverage required for an accessory building in the district or zone in which it is located. A private tennis court may not be covered or enclosed by any air support structure (bubble).
A private tennis court may be enclosed by a wire mesh fence no higher than 10 feet and of the type commonly used for tennis courts. This fence shall be considered part of the tennis court and subject to the area and building line requirements for an accessory building. This fence shall not be covered with canvas or any other materials.
Where public water is accessible, water mains shall be constructed in such a manner as to make adequate water service available to each lot or building within the development. The entire system shall be designed in accordance with the requirements and standards of the local or state agency having approval authority and shall be subject to their approval. The system shall also be designed with adequate capacity and sustained pressure in a looped system with no dead-end lines.
Whenever a central water supply system services a development, provision shall be made for hydrants along streets or on the walls of nonresidential structures, as approved by the Township Fire Department, Fire Inspector or Township Engineer and in accordance with Fire Insurance Rating Organization standards. The costs of supplying public fire protection charges shall be borne by the developer until such time that 50% or more of the certificates of occupancy for the development have been issued.
Where streams or ponds exist or are proposed on lands to be developed, facilities shall be provided to draft water for fire-fighting purposes. This shall include access to a public street suitable for use by fire-fighting equipment and construction of or improvements to ponds, dams or similar on-site or off-site development where feasible. Such facilities shall be constructed to the satisfaction of the Township Engineer, Fire Inspector and Fire Department and in accordance with Fire Insurance Rating Organization standards.
Where no public water is accessible, water shall be furnished on an individual lot basis. If wells are installed on each lot and the lot also contains its own sewage disposal facilities, the wells shall be of the drilled type with a minimum of 50 feet of casing. Well installation sealing and testing shall be in accordance with the New Jersey Standards for Construction of Water Supply Systems in Realty Improvements (Chapter 199 of the Public Laws of 1954), as amended. The well will be required to have a production of not less than six gallons per minute, as established by bailor tests and certified by the well driller. Before being placed in consumer use, it shall be disinfected by the use of sodium hypochlorite or other acceptable solutions and a sample collected by the Township Board of Health for bacteriological examination. A copy of the results of the above-referred-to bailor tests and bacteriological examination and a certificate from the Board of Health that the owner has complied with the applicable Board of Health regulations shall be submitted to the Township before the issuance of building permits in connection with each individual lot.
No open space provided around any principal building for the purposes of complying with the front, side, rear or other yard provisions of this chapter shall be considered as providing the yard provisions for another principal building.
Trailer bodies may not be used for storage on any property in any zoning district in the Township.
Antennas and towers with a total height in excess of 35 feet shall be deemed a conditional use in all commercial districts within the Township of Robbinsville, subject to the following conditions:
Any such antenna/tower must be located a distance of at least five times its height from any residential property line, residential zone line, or school property line.
Any such antenna/tower must be located at least 1 1/2 times its height from a commercial property line, unless such is appended to an existing building. Where an antenna is to be appended to an existing commercial building, it shall be not more than 50 feet above the highest point of the building.
Any antenna/tower must be 50 feet from a right-of-way.
Any antenna/tower shall be enclosed by appropriate fencing, i.e., decorative wrought iron.
In the event a building is necessary to service the antenna, it shall be a permanent structure consistent with the architecture in the area, and with an A-frame roof. No trailers shall be permitted.
Antennas and towers in excess of 35 feet may be erected in residential zones on properties of at least 25 acres, subject to the conditions in Subsection A(1) through (5) above. If an antenna is to be erected on an existing structure in residential districts, such as a water tower or high-tension tower, no condition shall apply other than that the antenna may not be more than 10 feet above the highest point of the existing structure.
The Technical Review Committee of the Township Planning Board as established in § 142-76.
PRIOR CONVERTED STREAM CORRIDOR
Any area of land in the Township that otherwise fits the definition of "stream corridor" as defined herein that has already been developed or improved in whole or in part, prior to the effective date of this section.
Any change in the use of land or reuse of land for which site plan approval is required or is otherwise not the subject of an exemption from site plan approval.
STREAM CORRIDOR
Any stream channel and all land on either side of the stream channel in the Township for which an adjacent floodway or flood hazard area has been delineated on any maps listed in § 126-6 of the Code of Robbinsville Township or in the Flood Boundary and Floodway Map prepared by the Federal Emergency Management Agency or the National Flood Insurance Program; or any other permanent or intermittent watercourses identified on the USGS quadrangle maps, the Mercer County Soil and Conservation Survey or such other authoritative source as the Technical Review Committee may deem appropriate.
STREAM CORRIDOR BUFFER
An undisturbed area of land, dominated by woody or herbaceous vegetation, as further established herein which abuts any existing waterway within the Township and is intended to protect the established watercourse and surface water drainage in proximity to the waterway. Buffers differ from uplands due to high levels of soil moisture, frequent flooding, and the unique assemblage of plant and animal communities found there.
All residential and nonresidential subdivisions, except agricultural subdivisions or those designed for the purpose of creating passive deed-restricted open space where such buffers shall not be required for the preserved portion of the subdivision, including minor subdivisions and all site plans for residential and nonresidential development, shall provide for a stream corridor buffer as follows.
A minimum width of 75 feet of undisturbed vegetation on both sides of the stream. Buffers shall be enlarged when the following characteristics exist:
Where there is evidence that frequent flooding occurs (soils of Hydrologic Group C and D);
Where certain soil types are present such as very shallow or erodible soils (soil capability Class IIIe/s, and IVe/s: the buffer width shall be increased to 100 feet; soil capability Class VIe/s, VIIe/s and VIII: increase to 150 feet);
Where steep slopes may exist, the buffer width shall be increased to 1/3 of the distance from the stream to the top of the slope.
Exceptions from the strict application of the buffer requirements established herein shall be granted for the following conditions:
Any commercial or residential structure, whether principal or accessory, located on a property upon which a prior converted stream corridor exists may be rebuilt to the extent that the structure existed at the time of the adoption of this section; or may be expanded to the limit allowed pursuant to the zoning regulations which existed prior to August 1, 2004, for the zone district within which the property is located, without the necessity of obtaining any variances that would otherwise be required in order to rebuild the structure on the property. The Township Engineer shall, however, review the proposed expansion or reconstruction as contemplated herein to determine that the same has been designed and located in a manner to minimize any impacts that the proposed structure might have on the stream corridor. Should the Township Engineer determine that there is, or are, alternative locations on the property for the placement or replacement of the structure or another portion of the property, the structure shall be located in accordance with, and subject to, the Township Engineer's review and approval of the location prior to the issuance of any building permit(s).
Any shed, deck, swimming pool, storage facility, parking lot, or other accessory structure incidental to a principal use of a structure located on a property upon which a prior converted stream corridor exists shall be deemed a prior nonconforming structure and exempt from the requirements of this section.
Buffers shall be measured from the top of each channel bank or the limit of any adjacent wetlands, whichever is greater, within which no building or structure, including driveways or parking areas, whether pervious or impervious shall be constructed; and
The location of any on-site disposal system shall be shown to be located no closer than 100 feet from the top of any channel bank or the limit of any adjacent wetlands, whichever is greater; and
In the event there are any nonadjacent wetlands located within what would otherwise constitute the seventy-five-foot buffer, the buffer area shall be extended outward from the top of the stream bank for a distance equivalent to the width of the wetlands as measured from the top of the stream bank and the buffer width as would normally be required pursuant hereto.
Individual lots zoned for residential use shall be exempt from this section if the designated wetlands area with the required wetlands buffer exceeds 10% of the usable lot area.
Individual lots zoned for residential use with wetlands area and required wetlands buffers which total less than 10% of the usable lot area shall only be required to provide a buffer that when combined with wetlands area and required wetlands buffer equals 10% of the usable lot area.
The plan shall include detail as to the use of suitable techniques such as erosion and soil stabilization measures, sediment traps and nutrient control by vegetation filters or other mechanisms which are to be incorporated to protect the stream.
Any lands proposed for development which include all or a portion of a stream corridor shall, as a condition of any major subdivision or major site plan approval, provide for the vegetation or revegetation of any portions of the required stream corridor buffer which are not vegetated at the time of the application or which were disturbed by prior land uses, including agricultural. Said vegetation plan shall utilize native tree and plant species except where waivers are granted to permit other types of trees or plant species as either recommended or approved by Township staff.
Any lands located within the stream corridor or stream corridor buffer shall be shown on the plan for development as being the subject of a drainage and/or conservation easement in a form acceptable to the Township. Said easement or easements shall be in addition to any other drainage or conservation easements as may be required by the Township for the development of the property.
In the event lands effected by this section are intended to be developed pursuant to the Township's cluster design option for the zoning district within which the property is located, the lands determined to be within the stream corridor or stream corridor buffer may be utilized for the purpose of calculating base density except where such lands are designated as being within the established benefit when considering issues of developable lot size and design so as to promote the creative use of adjacent lands for the benefit of preservation of environmental resources.
The following activities only may be allowed to occur within the stream corridor or stream corridor buffer, provided they receive review and approval from the Township staff as to the design and location of the improvements intended to take place within those areas:
Recreational use limited to bicycle or pedestrian paths that have received approval from the appropriate municipal, county and/or state agencies having authority over such pathways, provided they are constructed in a manner and of a material intended to minimize the impacts the same may have on the stream corridor.
Dams, culverts, and bridges that have received approval from the appropriate municipal, county and/or state agencies having authority over such structures.
Connections to existing sewer or storm drainage systems that have received approval from the appropriate municipal, county and state agencies having authority over such systems, provided it has been established that the location of same within the stream corridor or stream corridor buffer advances the public benefit either due to public health or safety concerns or as a result of integration of said systems within a larger system providing such public benefit and provided an appropriate restoration plan is presented for the area to be disturbed by the proposed connection.
Points of access to the surface water for emergency vehicles and recreational boating that have received approval from the appropriate municipal, county and/or state agencies having authority over such structures, provided the access is restricted to the minimum width practicable and not to exceed 15 feet.
Airport or airstrip facilities that impact equal to or less than 150 linear feet or 1/3 of an acre of riparian buffer that have received approval from the appropriate municipal, county and/or state agencies having authority over such structures.
Archaeological activities.
No soil disturbance or soil importation may occur within a stream corridor or stream corridor buffer area unless the same has been reviewed by an engineer licensed in the State of New Jersey who has determined that the soil disturbance or soil importation activity is necessary to advance a public benefit and that the plan demonstrating the disposition of any materials proposed to be deposited or removed by the grading or regrading of land has been designed so as to provide the minimum impact on the natural topography of the stream corridor or stream corridor buffer and has no negative impact on the ecology and water quality of the waterway effected by the proposed development or disturbance within the stream corridor or stream corridor buffer.