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Executive Summary
This document comprises the Land Development Ordinance of the Township of Green Brook, incorporating amendments through 2025. The ordinance outlines regulations and procedures for land development and utilization, addressing aspects such as subdivision and site plan review, soil erosion and sedimentation control, stormwater management, and environmental impact assessments. It details design and performance standards, establishes a Land Use Board, and outlines guarantee and inspection processes to ensure compliance and protect public health, safety, and welfare. The document also establishes standards for residential and non-residential development fees.
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--- Document: Land Development Ordinance Document ---
1
THE LAND DEVELOPMENT ORDINANCE
OF THE TOWNSHIP OF GREEN BROOK
(1982)
Printed with amendments through 2025
Township Committee:
Jim Van Arsdale
Mayor
Jim Benscoter
Deputy Mayor
Brian Conway
Bruce Martins
Jerry Searfoss
Township Administrator:
Kelly Cupit
Township of Green Brook
111 Greenbrook Road
Green Brook, NJ 08812
Telephone (732) 968-1023
Fax (732) 968-4088
2
THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF GREEN BROOK (1982)
[AS AMENDED TO DECEMBER 31, 2025]
TABLE OF CONTENTS
GENERAL PROVISIONS - ARTICLE 1
101 Short Title
102 Purpose and Scope
103 Definitions
104 Compliance
105 Permits
106 Exceptions
107 Preparation of Plans by Licensed Professional
108 Public Utilities
LAND USE BOARD - ARTICLE 2
201 Planning Board
202 Board of Adjustment
203 Provisions Applicable to both Planning Board and Board of Adjustment
204 Exemptions (from Subdivision and Site Plan requirements)
205 Technical Review Committee
DEVELOPMENT REVIEW PROCEDURES AND PLAT DETAILS - ARTICLE 3
301 Introduction and Purposes
302 Exemptions
303 Simultaneous Review
304 Informal Discussion
305 Submission of Sketch Plat
306 Submission of Preliminary Plat
307 Submission of Final Plat
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308 Plat Designs for Subdivisions
309 Plat Designs for Site Plans
310 Planning Board in “Use Variance” Procedure
311 Application to Planning Board for Certificate of Occupancy
SOIL EROSION AND SEDIMENTATION CONTROL - ARTICLE 4
401 Purpose
402 Definitions
403 Procedure
404 Review and Approval
405 Principles and Requirements
406 Exemptions
407 Inspections and Enforcement
ENVIRONMENTAL IMPACT STATEMENT - ARTICLE 5
501 Intent and Purpose
502 Definitions
503 Applicability
504 Data Required
505 Reviews and Inspections
506 Conditions of Approval
507 Denial of Environmental Approval
508 Exemptions
509 Board of Adjustment as Approving Authority
4
STORM WATER CONTROL ARTICLE 6
601 Declaration of Purpose and Need
602 Applicability
603 Compatibility with Other Permit and Ordinance Requirements
604 Definitions
605 General Standards
606 Stormwater Management Requirements for Major Development
607 Stormwater Management for Minor Developments
608 Calculation of Stormwater Runoff and Groundwater Recharge
609 Standards for Structural Stormwater Management Measures
610 Sources for Technical Guidance
611 Safety Standards for Stormwater Management Basins
612 Requirements for a Site Development Stormwater Plan
613 Maintenance and Repair
614 Penalties
615 Effective Date
616 Severability
DESIGN AND PERFORMANCE STANDARDS - ARTICLE 7
701 General
702 Required Improvements
704 Offsite and Off-Tract Improvements
705 Easements
706 Bikeways
707 Lots in All Subdivisions
708 Lighting
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709 Location Survey
710 Compliance with Other Ordinances
711 Driveways and Assessways
712 Refuse and Recycling Storage
713 Natural Features
714 Lot Grading
715 Steep Slope
GUARANTEES AND INSPECTIONS - ARTICLE 8
801 Performance Guarantees
802 Maintenance Guarantees
803 Engineering Inspection Fees
804 Reserved
805 Reserved
806 Pre-Construction Conference
807 Performance of Work
808 Construction Permits
809 Public Street Lighting to be operational
810 Fire Hydrants
811 Township not liable by reason of inspections
812 “As built” plans
813 Reduction of performance guarantees
814 Action upon completion
815 Rejection of portion of improvements
816 Suspension of Work
817 Conditions and Acceptance of Improvements
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818 Renewal of Performance of Maintenance Guarantees
PUBLIC HEARINGS AND NOTICES - ARTICLE 10
1001 Public Hearings and Notices
1002 List of Property Owners Furnished
1003 Matters Not Requiring Public Hearing or Notice
FEES AND CHARGES - ARTICLE 11
1101 Fees
VIOLATIONS AND PENALTIES - ARTICLE 12
1201 Violations and Penalties
1202 Parties Liable
1203 Other Remedies
1204 Revocation and Rescission of Approval and or permits
SEVERABILITY ARTICLE 13
REPEALER-ARTICLE 14
EFFECTIVE DATE-ARTICLE 15
Note: This Table of Contents is for information and is not an official part of the Ordinance.
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TOWNSHIP OF GREEN BROOK
ORDINANCE
THE LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF
GREEN BROOK (1982)
BE IT ORDAINED by the Township of Green Brook, in the County of Somerset, State of New
Jersey, as follows.
ARTICLE I
GENERAL PROVISIONS
101.
SHORT TITLE.
This Ordinance shall be known and may be cited as THE LAND DEVELOPMENT ORDINANCE OF
THE TOWNSHIP OF GREEN BROOK.
102.
PURPOSE AND SCOPE.
This Ordinance is adopted pursuant to the Municipal Land Use Law of the State of New Jersey,
Chapter 291, Laws of 1975, as amended and supplemented, and as the same may hereafter be amended
and supplemented, and is intended to encompass the primary ordinances of the Township of Green Brook
relating to land development and land utilization in said Township, and in furtherance of the purposes
expressed in said Municipal Land Use Law, with the exception of the Zoning Ordinance of the Township
of Green Brook, which is separately adopted.
103.
DEFINITIONS.
For the purpose of this Ordinance, unless the context clearly indicates a different meaning, the
following definitions shall apply:
103.1
See Definitions contained in Article 3, The Zoning Ordinance of the Township of
Green
Brook.
103.2
It is intended that the words used in this Ordinance shall be defined as set forth in
Sections 3, 3.1, 3.2, 3.3, and 3.4 (N.J.S.A. 40:55D-3 through 40:55D-7, both inclusive) of the
Municipal Land Use Law, as amended and supplemented, and as the same may hereafter be
amended and supplemented.
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103.3
ADMINISTRATIVE OFFICER. The Clerk of the Board to whom the application for
development is submitted, except for the purposes of reviewing, issuing and enforcing zoning
permits, the zoning officer shall be administrative officer.
103.4
ADVERSE EFFECT. Development designs, situations, or existing features on a
developer’s property, or any nearby property, creating, imposing, aggravating or leading to
impractical, unsafe, unsatisfactory or non-complying conditions such as insufficient number of
shade trees; a layout inconsistent with the zoning regulations: insufficient street width; unsuitable
street grade; unsuitable street location; inconvenient street system; inadequate utilities such as
water, drainage, and sewerage; unsuitable size, shape and location for any area reserved for public
use or land for open space in a planned development: infringement upon land designated as
subject to flooding; and the creation of conditions leading to soil erosion from wind or water from
excavation or grading, all as set forth in 40:55D-38 and measured against the design and
performance standards of this Ordinance.
103.5
APPROVING AUTHORITY. The Planning Board of the Township of Green Brook,
unless a different agency is designated in the text of this Ordinance when acting pursuant to the
authority of the Municipal Land use Law.
103.6
CRITICAL AREA. See Article 5, Section 502(d).
103.7
DEVELOPMENT COMMITTEE. The Planning Board Chairman may appoint a
committee of at least three members of the Planning Board, for the purpose of reviewing
subdivision and site plan applications prior to action by the entire Planning Board, to provide
initial review as to whether such applications comply with all ordinance provisions and to make
recommendations to the Planning Board for classification and action. In the event that no such
Development committee shall be appointed, the functions shall be performed by the Planning
Board itself. Such Development Committee shall have no authority to act for the Board nor to bind
the Board, but is merely an initial review and recommendatory body.
103.8
SITE PLAN. “Site plan” means a development plan of one or more lots on which is
shown (1) the existing and proposed conditions of the lot, including but not necessarily limited to
topography, vegetation, drainage, flood plains, marshes and waterways, (2) The location of all
existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress,
drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices,
and (3) any other information that way be reasonably required in order to make an informed
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determination pursuant to an ordinance requiring review and approval of site plans by the
Planning Board adopted pursuant to Article 6 (C.40:55D-37 et seq.) the Municipal Land Use Law.
“Minor Site Plan” see Section 302.2b.
103.9
SITE TRIANGLE. A triangular area abutting two intersecting streets where vision is
unobstructed. The sight triangle is formed by the intersecting street side lines and & line
connecting a point on each side line a set distance from the intersection.
103.9A
SPECIMEN TREE. Tree(s) which by their singular nature, condition, size, location
and/or appearance, impart particular value to a property or landscape, as determined by the Green
Brook Township Engineer or designated as an “endangered species” as noted on State or National
Registers. The criteria for a specimen tree shall include, but no be limited to, the following:
(i) The tree is rare.
(ii) The tree is more than one hundred years old.
(iii)The tree is of an abnormal height or has an abnormal diameter or drip line for a tree
of its species.
(iv)The quality of the tree foliage is abnormal for a tree of its species.
(v) The location, shade value, fragrance, erosion control, aesthetic features, or scenic
enhancements of such tree is of special importance to the Township.
103.10
STREET. A street shall be defined as set forth in the Municipal Land Use Law.
classifications of streets shall be as follows.
a. Arterial streets are those which are used primarily for fast or heavy traffic.
b. Collector streets are those which carry traffic from minor streets to the major system of
arterial streets including the principal entrance streets of a residential development and streets
for circulation within such a development.
c. Minor streets are those which are used primarily for access to the abutting properties.
d. Marginal service streets are streets which are parallel to and adjacent to arterial streets and
highways; and which provide access to abutting properties and protection from through traffic.
e. Alleys are minor ways which are used primarily for vehicular service access to the back or
the side of properties otherwise abutting on a street. See Section 702.1.
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103.10 A Tree
Any deciduous/coniferous woody perennial plant which reaches a typical mature height of ten feet
or more and having a diameter of 2 ½ inches or greater, measured 4 ½ feet above the ground on
the downhill side.
103.11
SUBDIVISION; RESUBDIVISION; MINOR SUBDIVISION.
(a) “Subdivision” means the division of a lot, tract or parcel of land into two or more lots,
tracts, parcels or other divisions of land for sale or development. The following shall not be
considered subdivisions within the meaning of this act, if no new streets are created: (1)
divisions of land found by the planning board or subdivision committee thereof appointed by
the chairman to be for agricultural purposes where all resulting parcels or any nearby property,
creating, imposing, aggravating or leading to impractical, unsafe, unsatisfactory or non-
complying conditions such as insufficient number of shade trees; a layout inconsistent with the
zoning regulations; insufficient street width; unsuitable street grade; unsuitable street location;
inconvenient street system; inadequate utilities such as water, drainage, and sewerage;
unsuitable size, shape and location for any area reserved for public use or land for open space
in a planned development; infringement upon land designated as subject to flooding; and the
creation of conditions leading to soil erosion from wind or water from excavation or grading,
all as set forth in 40:55D-38 and measured against the design and performance standards of
this Ordinance.
(b) “Resubdivision” means (1) the further division or relocation of lot lines of any lot or lots
within a subdivision previously made and approved or recorded according to law or (2) the
alteration of any streets or the establishment of any new streets within any subdivision
previously made and approved or recorded according to law, but does not include conveyances
so as to combine existing lots by deed or other instruments.
(c) “Minor Subdivision”. A subdivision of land that does not involve (1) the creation of more
than 3 lots, including the remainder of the original lot; (2) planned development as defined in
the Municipal Land Use Law; (3) any new street; or (4) extension of any off-tract
improvement, the cost of which is to be prorated pursuant to Section 30 of the Municipal Land
Use Law (C. 40:55D-42).
104.
COMPLIANCE. All developments resulting from subdivision and site plan approvals shall
comply with all the design and performance standards (Article 7) and requirements of the Zoning
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Ordinance, and conditions imposed by the Approving Authority as shown on the approved plat and/or
included in the resolution adopted by the Approving Authority.
105.
PERMITS. No Zoning Permit, Construction Permit or Certificate of Occupancy [See Art. XII of
the Zoning Ordinance] shall be issued for any parcel of land or structure which was sold or on which
improvements were undertaken in violation of the provisions of this Ordinance or for use of a lot which
was created by subdivision after the effective date of, and not in conformity with the provisions of this
Ordinance. No site improvements such as, but not limited to, excavation or construction of public or
private improvements shall be commenced except in conformance with this Ordinance in accordance with
plat approvals and the issuance of required permits. No Certificate of Occupancy shall be issued where
improvements required under site plan review have not been completed.
106.
EXCEPTIONS.
The Approving Authority, when acting upon applications for preliminary or minor subdivision approval,
and preliminary site plan approval, shall have the power to grant such exceptions from the “Design and
Performance Standards” in Article 7 of this Ordinance as may be reasonable and within the general
purpose and intent of the provisions for subdivision/site plan review and approval, if the literal
enforcement of one or more provisions of this Ordinance is impracticable or will exact undue hardship
because of peculiar conditions pertaining to the land in question.
In applications for development involving lower income housing, the Approving Authority shall give
particular attention to granting exceptions to such design and performance standards, in accordance with
sound engineering and environmental considerations, where the cost savings from such exceptions may
reduce the cost of construction of the lower income housing. If no cost reduction will result, and the
standards of the first paragraph of this Section 106 (and N.J.S.A. 40:55D-51 a and b) are not determined
to be present, then the design and performance standards of Article 7 shall continue to apply.
107.
PREPARATION OF PLANS BY LICENSED PROFESSIONALS.
Except for plats submitted under the “Informal Discussion” provisions of Article 5, and Sketch Plats of
minor subdivisions and minor site plans, all plans, plats and drawings, and all studies and certifications
which require a particular expertise, shall be prepared by a person licensed by the State of New Jersey to
perform the particular work so presented or certified, and shall bear the seal of such persons. See, for
example, Sections 308.1, 309.1, 309.4, 603(D), and 709.
108.
PUBLIC UTILITIES.
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Where specific data is called for in this Ordinance relating to a public utility installation, such as location
and cross-sections, circuit arrangement, system flow, and the like, and the public utility involved is
electric, gas, water or communications, due consideration shall be given to the Board of Regulatory
Commission guidelines as to proprietary interests of such public utilities concerning system security and
public safety. Information as required by this Ordinance (i.e. Sections 307.1-4, 308.3-6, 308.3-10, and
308.5) is for general review purpose relating to land development as expressed in the Municipal Land Use
Law. Additional information as required by the Township Engineer for review and approval of
construction plans of a developer, which the public utility does not furnish directly to the developer, may
be discussed with and provided by the public utility to the Township Engineer.
13
ARTICLE 2
LAND USE BOARD
201.1
Establishment of Land Use Board.
Pursuant to N.J.S.A. 40:55D-25c, the Township of Green Brook hereby creates a nine (9) member
Land Use Board which Board shall have the right to exercise, to the same extent and subject to the
same restrictions,
all of the powers of the Zoning Board of Adjustment.
The Land Use Board shall consist of nine (9) members and four (4) alternate members as hereinafter
set
forth. The members shall consist of the following four classes:
Class I. The Mayor or the Mayor’s designee.
Class II. One of the officials of the municipality other than a member of the governing body to be
appointed by the Mayor.
Class III. A member of the governing body to be appointed by it.
Class IV. Six (6) other residents of the municipality to be appointed by the Mayor. The members of
Class IV shall hold no other municipal office position or employment, except that one (1) member
may be a member of the Historic Preservation commission, and one (1) member may be a member of
the Board of Education and one (1) member must be a member of the Environmental Commission as
required by N.J.S.A. 40:56A-1 provided, however, that if there be any designated Class IV regular or
Class IV alternate members of the Land Use Board being a member of the Historic Preservation
Commission and a member of the Board of Education, then the member of the Environmental
Commission shall be deemed the Class II member of the Land Use Board. The Class IV regular
members shall be appointed and designated as “Seat 1,” “Seat 2,” “Seat 3,” “Seat 4,” “Seat 5,” and
“Seat 6.”
Class IV Alternate Members: Four (4) other municipal residents who may be appointed by the
Mayor. Alternate members shall meet the qualifications of Class IV Regular Members. The alternate
shall be designated by the Mayor at the time of their appointments as “Alternate No. 1", “Alternate
No. 2", “Alternate No. 3", and “Alternate No. 4.”
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201.2 Terms.
The term of the member composing Class I shall correspond with the official tenure of such
member as Mayor. However, if the member is the Mayor’s designee in the absence of the Mayor, the
designee shall serve at the pleasure of the Mayor during the Mayor’s official tenure. The terms of the
members composing Class II and Class III shall be for one year or terminate at the completion of
their respective term of office, whichever occurs first. The term of the Class IV member who is also
a member of the Environmental Commission shall be for three years or terminate at the completion
of his or her term of office as a member the Environmental Commission, whichever occurs first,
except for a Class II member who is also a member of the Environmental Commission. The term of a
Class II or Class IV member who is also a member of the Environmental Commission shall be for
three (3) years or terminate at the completion of his term as a member of the Environmental
Commission, whichever comes first. The term of a Class IV member who is also a member of the
Board of Education shall terminate whenever he is no longer a member of the Board of Education or
at the completion of his Class IV term, whichever comes first.
The terms of all Class IV members of the existing Planning Board shall continue in office in Land
Use Board until the completion of their respective terms. Thereafter all Class IV members shall be
appointed for terms of four years except as otherwise hereinabove provided. All terms shall run from
January 1 of the year in which the appointment is made.
All present Class IV Alternate Members of the Land Use Board shall continue in office until
completion of the terms to which they were appointed. Thereafter, the term of each Class IV
alternate member shall be two years. Alternate members may participate in the discussions of the
proceedings but may not vote except in the absence or disqualification of a regular member. A vote
shall not be delayed in order that a regular member may vote instead of an alternate member. In the
event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
A vacancy occurring otherwise than by expiration of term shall be filled by appointment for the
unexpired term only.
201.3 Vacancies.
If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall
be filled by appointment, as above provided, for the unexpired term.
201.4 Removal from office.
Any member other than a Class I member, after a public hearing if he or she requests one, may be
removed by the governing body for cause.
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201.5 Eligibility to vote where hearing missed.
A member of the Planning Board who was absent for one or more of the meetings at which a hearing
was held shall be eligible to vote on the matter upon which the hearing was conducted,
notwithstanding his absence from one or more of the meetings, providing, however, that such board
member has available to him the transcript or recording of all of the hearing from which he was
absent, and certifies in writing to the board that he has read such transcript or listened to such
recording.
201.6 Organization of Land Use Board.
The Land Use Board shall elect a chairman and vice chairman from the members of Class 1V, select
a secretary who may or may not be a member of the Land Use Board or municipal employee. It may
employ, or contract for, and fix the compensation of legal counsel, other than the municipal attorney,
and experts and other staff and services as it may deem necessary not exceeding exclusive gifts or
grants, the amount appropriated by the governing body for its use.
201.7 Powers and Jurisdiction of the Land Use Board.
The Land Use Board shall have the powers listed below in addition to other powers established by
law:
a. Make, adopt and, from time to time, amend a Master Plan for the physical development of the
Township, including any areas outside its boundaries which, in the Board’s judgment, bear essential
relationship to the planning of the Township.
b. Administer the Subdivision and Site Plan Review provisions of the Land Development Ordinance
in accordance with the applicable provisions of said Ordinance.
c. Hear and decide applications for conditional uses in accordance with the applicable provisions of
this Ordinance.
d. Participate in the preparation and review of programs and plans in accordance with N.J.S.A.
40:55D-31 or Federal law or regulation.
e. Assemble data on a continuing basis as part of a continuous planning process.
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f. Annually, at the request of the Township Committee, prepare a program of municipal capital
improvements projects projected over a term of six (6) years and recommend same to the Township
Committee.
g. Consider and report to the Township Committee within thirty-five (35) days after referral as to any
proposed development regulation submitted to it and also pass upon other matters specifically
referred to the Land Use Board by the Township Committee.
h. Perform such other advisory duties as are assigned to it by ordinance or resolution of the
governing body for the aid and assistance of the governing body or other agencies and officers.
201.8 Powers and Duties Generally.
a. The Class I and Class III members of the Land Use Board shall not participate in
consideration of applications for the Board which involve relief pursuant to subsection D of Section
57 of Public 1975, Chapter 291 (N.J.S.A. 55D-70).
b. All powers and responsibility previously established and given to the Zoning Board of
Adjustment by Ordinance and Statute are hereby specifically transferred to the newly created Land
Use Board.
c. The previously established Zoning Board of Adjustment is hereby terminated and abolished as of
the effective date of this Ordinance.
d. Any pending applications before the Zoning Board of Adjustment as of the effective date of this
Ordinance shall be transferred as of that date to the Land Use Board.
201.9 Advisory Committee
The Mayor may appoint one or more persons as a citizens advisory committee to assist or collaborate
with the Land Use Board in its duties, but such person or persons shall have no power to vote or take
other action required by the Board. Such person or persons shall serve at the pleasure of the Mayor.
Whenever the Environmental Commission has prepared and submitted to the Land Use Board an
index of the natural resources of the municipality, the Land Use Board shall make available to the
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Environmental Commission an informational copy of every application for development to the Land
Use Board. Failure of the Land Use Board to act to make such informational copy available to the
Environmental Commission shall not invalidate any hearing or proceeding.
3. Section 202 of Article 2 is hereby deleted in its entirety and replaced with the following:
202.1 Land Use Board to act as Zoning Board of Adjustment.
Pursuant to N.J.S.A. 40:55d-25( c), the Land Use Board shall exercise all of the powers of the Board
of Adjustment. Specifically, the Land Use Board acting pursuant to N.J.S.A. 40:55D-25(c) shall have
the powers set forth in the statutes of the State of New Jersey and herein.
202.2 Rules and Regulations.
The Board shall adopt such rules and regulations as may be necessary to carry into effect the
provisions and purposes of this Ordinance. In the issuance of subpoenas, administration of oaths and
taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.
2A:67A-I et seq.) shall apply.
202.3 Powers Granted by Law
The Land Use Board shall have all such powers as are granted by law and set forth in N.J.S.A. 55D-
70;
a. Hear and decide appeals where it is alleged by the applicant that there is an error in any order,
requirement, decision or refusal made by an official based on or made in the enforcement of the
zoning provisions of this chapter.
b. Hear and decide requests for interpretation of the Zoning Map or the zoning provisions of this
chapter or for decisions upon other special questions upon which the Board is authorized to pass by
any zoning provisions of this chapter or by any duly adopted Official Map.
c. Grant variances pursuant to N.J.S.A. 40:55D-70 as set forth in Sections 202.4 and 202.5 below.
18
d. Provide direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit for a building or
structure in the bed of a mapped street or public drainage way, flood control basin or public area
reserved pursuant to N.J.S.A. 40:55D-32.
e. Provide direction pursuant to N.J.S.A. 40:55D-36 for issuance of a permit for a building or
structure not related to a street.
The Class I and Class III members shall not participate in the consideration of applications which
involve relief pursuant to N.J.S.A. 40:55D-70(d).
202.4 General Bulk Variances
a. Pursuant to N.J.S.A. 40:55D-70(c), where (a) by reason of exceptional narrowness, shallowness or
shape of a specific piece of property, or (b) by reason of exceptional topographic conditions or
physical features uniquely affecting a specific piece of property, or (c) by reason of an extraordinary
and exceptional situation uniquely affecting a specific piece of property or the structures lawfully
existing thereon, the strict application of any regulation of this chapter would result in peculiar and
exceptional practical difficulties to, or exceptional and undue hardship upon the developer of such
property, grant, upon an application or an appeal relating to such property, a variance from such
strict application of such regulation so as to relieve such difficulties or hardship;
b. Where, in an application or appeal relating to a specific piece of property, the purposes of this
chapter would be advanced by a deviation from the zoning requirements and the benefits of the
deviation would substantially outweigh any detriment, grant a variance to allow departure from such
zoning requirements;
c. No variance from those departures enumerated in N.J.S.A. 40:55D-70(d) shall be granted under
this subsection.
202.5 Use Variances and Variances from Conditional Use Standards
In particular cases and for special reasons, the Land Use Board may grant a variance to allow
departure from the zoning provisions of this chapter to permit:
a. A use or principal structure in a district restricted against such use or principal structure;
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b. An expansion of a nonconforming use;
c. a deviation from a particular specification or standard set forth in this chapter as pertaining solely
to a conditional use;
d. An increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4;
e. An increase in the permitted density as defined in Section 301.50 of the Zoning Ordinance and in
N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one (1) or
two (2) dwelling unit buildings, which lot or lots are either an isolated undersized lot or lots resulting
from a minor subdivision, in which event applications would be made pursuant to subsection 202.4
hereinabove; or
f. A height of a principal structure which exceeds by ten (10’) feet or ten (10%) percent the
maximum height permitted in the zone district for a principal structure.
A variance under this subsection shall be granted only by affirmative vote of at least five (5)
members of the Board. Pursuant to D.Lobi Ent. V. Planning/Zoning Bd., Sea Bright, 408 N.J.Super.
345 ((App. Div. 2009), when a “d” variance application is heard before the nine member Land Use
Board, the Class I and Class III members, who are prohibited by the statute from considering the
application, may not be replaced by alternatives, and the application must be heard by a seven
member board. If an application for development requests one (1) or more variances but not a
variance for a purpose enumerated in this subsection, the decision on the requested variance or
variances shall be rendered under subsection 202.4 of this chapter.
202.6 Additional Powers.
a. The Land Use Board shall, in addition to the powers specified in Section 202.7, have power given
by law to:
1. Direct issuance of a permit pursuant to section 25 of the Municipal Land Use Law [40:55D-34],
for a building or structure in the bed or a mapped street or public drainage way, flood control basin
or public area reserved on the official map.
2. Direct issuance of a permit pursuant to the Municipal Land Use Law for a building or structure not
related to a street.
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202.7 Power to Reverse or Modify Decisions.
In exercising the above mentioned power, the Land Use Board may, in conformity with the
provisions of C.291, P.L. 1975 or amendments thereto or subsequent statutes applying reverse or
affirm wholly or partly or may modify the other, requirement, decision, or determination appealed
from, and make such other requirement, decision, or determination appealed from, and make such
other requirement, decision or determination as ought to be made, and to that end have all the powers
of the administrative officer from whom the appeal was taken.
202.8 Appeals and Applications to the Land Use Board.
a. Appeals to the Land Use Board may be taken by any interested party affected by any decision of
an administrative officer of the municipality based on or made in the enforcement of the zoning
provisions of this chapter or a duly adopted Official Map. Such appeal shall be taken within twenty
(20) days by filing a notice of appeal with the official from whom the appeal is taken, with three (3)
copies of the notice given to the Secretary of the Land Use Board. The notice shall specify the
grounds for the appeal. The official from whom the appeal is taken shall immediately transmit to the
Board all the papers constituting the record upon which the action appealed from was taken.
b. The Land Use Board may reverse or affirm, wholly or in part, or may modify the action, order,
requirement, decision, interpretation or determination appealed from and to that end have all powers
of the municipal official from whom the appeal is taken.
c. An appeal to the Land Use Board shall stay all proceedings in furtherance of the action in respect
to which the decision appealed from was made unless the municipal official from whose action the
appeal is taken certifies to the Land Use Board, after the notice of appeal shall have been filed with
him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril
to life or property. In such case, proceedings shall not be stayed other than by an order of the
Superior Court upon notice to the municipal official from whom the appeal is taken and due cause
shown.
d. A developer may file an application for development with the Land Use Board for action under
any of its powers without prior application to a municipal official.
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e. The Land Use Board shall act upon any appeal or any application for development within one
hundred twenty (120) days either from the date the appeal is taken from the decision of the municipal
official or from the date the application is certified as a complete application, as the case may be, or
within such further time as may be consented to by the applicant, except that when an applicant
elects to submit separate consecutive applications for use variance approval and site plan,
subdivision or conditional use approval, the one hundred twenty (120) day time period for action
shall
apply to the application for approval of the use variance, and the time period for granting or denying
any subsequent approval shall be as otherwise provided in this chapter.
4. Section 203 of Article 2 of The Land Development Ordinance of the Township of Green Brook
(1982) now entitled “Provisions Applicable to both Planning Board and Board of Adjustment” shall
be re-titled “Provisions Applicable to Land Use Board.”
5. The Revised General Ordinances of the Township of Green Brook and all other
Ordinances of the Township of Green Brook, are hereby supplemented and amended by deleting all
references to the terms “Zoning Board of Adjustment” and “Planning Board” and “Zoning Board”
and replacing same with the term “Land Use Board.”
6. If any article, section, subsection, sentence, clause or phrase of this Ordinance is, for any reason,
held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this
Ordinance and they shall remain in full force and effect.
7. In the event of any inconsistencies between the provisions of this Ordinance and any prior
ordinance of the Township of Green Brook, the provisions hereof shall be determined to govern. All
other parts, portions and provisions of the Revised General Ordinances of the Township of Green
Brook are hereby ratified and confirmed, except where inconsistent with the terms hereof.
8. This Ordinance shall take effect immediately upon final passage and publication according to law.
9. Notwithstanding the effective date of this Ordinance, all applications presently pending before the
Township of Green Brook Planning Board and the Township of Green Brook Board of Adjustment
shall be continued until the adoption of the appropriate resolution by the appropriate board.
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203.
PROVISIONS APPLICABLE TO BOTH THE PLANNING BOARD AND ZONING
BOARD OF ADJUSTMENT.
203.1
Conflicts of Interest.
No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he
has either directly or indirectly any personal or financial interest. Whenever any such member shall
disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the
hearing of such matter nor participate in any discussion or decision relating thereto.
203.2
Meetings.
Each Board shall by its rules fix the time and place for holding its regular meetings for business
authorized to be conducted by such board. Regular meetings of the board shall be scheduled not less
than once a month and shall be held as scheduled unless canceled for lack of applications for
development to process. Each board may provide for special meetings, as the call of the chairman, or
on the request of any two of its members, which shall be held on notice to its members and the public
in accordance with municipal regulations.
No action shall be taken at any meeting without a quorum being present.
All actions shall be taken by a majority vote of the members of the board present at the meeting,
except as otherwise required by sections 23, 25, 49, 50 and subsections 8e, 17a, 17b and 57d of the
Municipal Land Use Law.
203.3
Minutes.
Minutes of every regular or special meeting shall be kept and, shall include the names of the persons
appearing and addressing the Board and of the persons appearing by attorney, the action taken by the
Board, the findings, if any, made by it and reasons therefore. The minutes shall thereafter be made
available for public inspection during normal business hours at the office of the municipal clerk. any
interested party shall have the right to compel production of the minutes for use as evidence in any
legal proceedings concerning the subject matter of such minutes. Such interested party may be
charged a fee for reproduction of the minutes for his use as provided for in the rules of the Board.
203.4
Conduct of Meetings.
a. Oaths.
The officer presiding at the hearing or such person as he may designate shall
have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the
production of relevant evidence, including witnesses and documents presented by the parties and
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the provisions of the “County and Municipal Investigations Law” C. 38, P.L. 1953 (C. 2A:67A-I
et seq.) shall apply.
b. Testimony.
The testimony of all witnesses relating to an application for development shall be
taken under oath or affirmation by the presiding officer and the right of cross examination shall be
permitted to all interested parties through their attorneys, if represented, or directly if not
represented, subject to the discretion of the presiding officer and to reasonable limitations as to
time and number of witnesses.
c. Evidence.
Technical rules of evidence shall not be applicable to the hearing, but the Board
may exclude irrelevant, immaterial or unduly repetitious evidence.
d. Records.
Each board shall provide - for the verbatim recording of the proceedings by
either stenographer, mechanical or electronic means. The board shall furnish a transcript, or
duplicate recording in lieu thereof, on request to any interested party at his expense. The Board, in
furnishing a transcript of the proceedings to an interested party at his expense shall not charge
such interested party more than the maximum permitted in N.J.S.A. 2A:11-15. Said transcript
shall be certified in writing by the transcriber to be accurate.
203.5
Decisions.
a.
Each decision on any application for development shall be reduced to writing as provided
in
this subsection, and shall include findings of facts and conclusions based thereon.
b.
Failure of a motion to approve an application for development to receive the number of
votes required for approval shall be deemed an action denying the application.
c.
The board may provide such written decision and findings and conclusions either on the
date of the meeting at which the board takes to grant or deny approval, or, if the meeting at which
such action is taken occurs within the final 45 days of the applicable time period for rendering a
decision on the application for development, within 45 days of such meeting by the adoption of a
resolution of Memorialization setting forth the decision and the findings and conclusions of the
board thereon. An action resulting from the failure of a motion to approve an application shall be
memorialized by resolution as provided above, notwithstanding the time at which such action
occurs within the applicable time period for rendering a decision on the application.
d.
The adoption of a resolution of memorialization pursuant to this subsection shall not be
construed to alter the applicable time period for rendering a decision on the application for
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development. Such resolution shall be adopted by a vote of a majority of the members of the board
who voted for the action previously taken, and no other member shall vote thereon. The vote on
such resolution shall be deemed to be a memorialization of an action of the board, and not to be an
action of the board; except that failure to adopt such a resolution within the 45 day period shall
result in the approval of the application for development, notwithstanding any prior action taken
thereon.
e.
Whenever a resolution of memorialization is adopted in accordance with this subsection,
the date of such adoption shall constitute the date of the decision for the purposes of the mailings,
filings and publications required by Section 203.6 of this Ordinance.
203.6
Mailing and publication of decision.
a.
A copy of the decision shall be mailed by the board within 10 days of the date of decision
to the applicant, or if represented then to his attorney, without separate charge, and to all who
request a copy of the decision and have paid the fee established by the Board for such service. A
copy of the decision shall also be filed in the office of the Township Clerk, who shall make a copy
of such filed decision available to any interested party upon payment of a fee calculated in the
same manner as those established for copies of other public documents in the Township.
b.
A brief notice of every final decision shall be published in the official newspaper of the
Township. Such publication shall be arranged by the secretary of the Planning Board, or Zoning
Board of Adjustment, as the case may be, without separate charge to the applicant. The period of
time in which an appeal of the decision may he made shall run from the first publication of the
decision.
203.7
Payment of taxes.
Pursuant to the provisions of C. 40:55D-39 and C. 40:55D-65, every application for development
submitted to the Planning Board or to the Zoning Board of Adjustment shall be accompanied by proof
that no taxes or assessments for local improvements are clue or delinquent on the property which is
the subject of such application; or, if it is shown that taxes or assessments are delinquent on said
property, any approvals or other relief granted by either board shall be conditioned upon either the
prompt payment of such taxes or assessments, or the making of adequate provision for the payment
thereof in such manner that the municipality will be adequately protected.
203.8
Conditional Approvals.
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a.
Regulations of the development of land and the attachment of reasonable conditions to
development applications is an exercise of valid police power delegated by the state to this
municipality. The applicant has the duty of compliance with reasonable conditions laid down by the
Approving Authority for design, dedication, improvements, and the use of land so as to conform to
the physical and economical development of the municipality and to the safety and general welfare
of the future residents and/or owners in the development and in the community at large.
b.
Where County Planning Board review or approval is required on a subdivision or site plan,
the Approving Authority shall condition any approval it grants upon either timely receipt of a
favorable report by the County Planning Board or approval by the County Planning Board due to its
failure to submit a report within the required time period. If the County Report is negative or
attaches conditions, and is within time, the original action by the Municipal Approving Authority
shall be null arid void and a new resolution shall be adopted which considers the County Planning
Board’s report.
203.9
Use of other Boards and Agencies.
The Approving Authority (whether the Planning Board or the Board of Adjustment) is encouraged to
seek advice from other boards, agencies and departments of the Township, such as the fire company,
police department, Board of Health, Board of Education, and Rescue Squad, with respect to any
application for land development or utilization.
The referral of any matter to any appropriate person or agency shall not extend the period of time
within which the Approving Authority shall act.
204.
EXEMPTIONS.
204.1
Exemptions from Subdivision Regulations.
As provided in the Municipal Land Use Law, the following shall not be considered subdivisions
within the meaning of said Law or this ordinance, if no new streets are created:
(1)
divisions of land found by the Planning Board or Development Committee thereof
appointed by the Chairman to be for agricultural purposes where all resulting parcels are 5 acres or
larger in size;
(2)
divisions of property by testamentary or intestate provisions;
(3)
divisions of property upon court order; and
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(4)
conveyances so as to combine existing lots by deed or other instrument.
The agricultural exemption in subparagraph (1) above shall apply only following submission of
documentation to the Planning Board demonstrating compliance with the intent of the Law, and until
affirmative action of the Planning Board making such determination, no person shall transfer, sell or
agree to transfer or sell, as owner or agent, any land which forms part of a proposed subdivision.
204.2
Exemptions from Site Plan Review Requirements.
An application for a building permit to construct, alter or repair a one or two dwelling-unit building, to
be used exclusively for residential purposes, and located in a Residential District as delineated in The
Zoning Ordinance, shall not require site plan review or approval. All other applications for land
utilization shall require site plan review (See The Zoning Ordinance, Section 1203.2). Note: See Sec.
302.2- b as to Minor Site Plans.
205. TECHNICAL REVIEW COMMITTEE
205.1 There is hereby established a Technical Review Committee (TRC) whose purpose is to review and
approve/disapprove minor site plans and Certificate of Occupancy permits that are deemed by the
TRC to be waived from Site Plan approval from the Planning Board or Zoning Board of
Adjustment. The membership of the Technical Review Committee shall consist of the following
(or their designees):
(1) Chair of the Land Use Board
(1) Vice-Chair of the Land Use Board
(1) Township Engineer
(1) Fire Chief
(1) Construction Official
205.2 The Technical Review Committee shall be subject to the following rules and regulations:
a. All five (5) members of the TRC must vote to approve an application for a site plan to receive
approval. Any application not receiving unanimous approval will be referred to the appropriate
body by the TRC
b. All applications shall be reviewed and voted upon within ten (10) days of the date upon which
they are deemed complete by the Administrative Officer. If not acted upon within this time
27
period, the application will be automatically transferred to the appropriate body; or an
extension of time for review by the TRC may be granted by the Applicant.
c. A written resolution shall be prepared for each application that is voted upon.
d. A secretary shall be appointed by the TRC to distribute all plans and applications to the
members, prepare resolutions, and sign off on approved plans. The secretary may perform
other duties as the TRC may assign.
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ARTICLE 3
DEVELOPMENT REVIEW PROCEDURES AND PLAT DETAILS
301.
INTRODUCTION AND PURPOSES.
This Article is to provide the procedures required for subdivision and site plan-review. In addition to the
preliminary and final review procedures outlined in the Municipal Land Use Law, this Article provides
for sketch plat review and the opportunity, in major subdivision and site plan situations, for the developer
to have an informal discussion prior to submission of a format application and prior to the incurring of
substantial engineering expenses.
Site plan approval shall be for the general purpose of enhancing the neighborhood; providing adequate
access to off-street parking and loading facilities for employees, visitors and residents; providing
buffering techniques for safety and/or aesthetic purposes; preventing uses which violate applicable state
and federal safety and environmental regulations; preserving floodways and flood hazard areas; and
requiring that all raw materials, fuel, goods in process, finished goods, machinery arid equipment shall be
housed and/or screened from residential areas.
302.
EXEMPTIONS.
302.1
Exemptions from Subdivision Regulations.
As provided in the Municipal Land Use Law, as amended, the following shall not be considered
subdivisions within the meaning of said Law or this ordinance, if no new streets are created:
(1)
Divisions of land found by the Planning Board or subdivision committee thereof appointed
by the chairman to be for agricultural purposes where all resulting parcels are 5 acres or larger in
size,
(2)
Divisions of property by testamentary or intestate provisions,
(3)
Divisions of property upon court order, including but not limited to judgments of
foreclosure,
(4)
Consolidation of existing lots by deed or other recorded instrument, and
(5)
The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same
person or persons and all of which are found and certified by the administrative officer to conform
to the requirements of the municipal development regulations (this ordinance and the Zoning
29
Ordinance of the Township of Green Brook), and are shown and designated as separate lots, tracts
or parcels on the tax map of the Township of Green Brook.
The agricultural exemption in subparagraph (1) above shall apply only following submission of
documentation to the Planning Board demonstrating compliance with the intent of the Law, and
until affirmative action of the Planning Board making such determination, no person shall transfer,
sell or agree to transfer or sell, as owner or agent, any land which forms part of a proposed
subdivision.
302.2
Exemptions from Site Plan Review Requirements; Minor Site Plans.
a.
Exemptions.
An application for a building permit to construct, alter or repair a one or two dwelling unit
building, to be used exclusively for residential purposes, and located in a Residential District as
delineated in The Zoning Ordinance, shall not require site plan review or approval. All other
applications for land utilization shall require site plan review. (See The Zoning Ordinance, Section
1203.2).
b.
Minor Site Plans.
A “minor site plan” means a development plan of one or more lots which:
(1) Proposed disturbance or proposed structure is less than 2,000 s.f. in total area on a property
that had formerly received site plan approval from either the Planning Board or Zoning
Board of Adjustment, and no additional parking is proposed; and
(2) does not involve a planned development, any new street or extension of any off-tract
improvement which is to be prorated pursuant to section 30 of the Municipal Land Use Law
(40:55D-42);
(3) contains the information reasonably required in order to make an informed determination
as to whether the requirements established by this ordinance for approval of a minor site plan
have been met;
(4) Modification to Parking Lot Striping without expansion of impervious surface area; and
(5) Modification of Parking Lot Lighting Fixtures.
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If the Technical Review Committee (TRC) determines that the application conforms to the definition
of “minor site plan”, that no adverse impacts will occur from such proposed development, the
application does not require any new relief from any provisions of the land development regulations,
and there is no other reason for notice and public hearing, such notice and public hearing may be
waived and minor site plan shall be deemed to be final approval of the site plan, provided that the
TRC may condition such approval on terms ensuring the provisions of improvements pursuant to
Sections 29, 29.1, 29.3, and 41 of the Municipal Land Use Law (40:55-D38, 40:55D-39, 40:55D-41,
and 40:55D-53).;
Minor site plan approval shall be granted or denied within 45 days of the date of submission of a
complete application to the Administrative Officer, or within such further time as may be consented to
by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute
minor site plan approval.
Whenever review or approval of the application by the County Planning Board is required by Section
8 of P.L. 1968, C. 285 (40:27-6.6), the Planning Board shall condition any approval that it grants upon
timely receipt of a favorable report on the application by the County Planning Board or approval by
the County Planning Board by its failure to report thereon within the required time period.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon
which minor site plan approval was granted, shall not be changed for a period of 2 years after the date
of Minor site plan approval.
303.
SIMULTANEOUS REVIEW.
The Approving Authority shall have the power to review and approve or deny conditional uses or site
plans simultaneously with a review for subdivision approval without the developer being required to
make further applications, or the Approving Authority being required to hold further hearings. The
longest time period for action by the Approving Authority, whether it be for subdivision, conditional use
or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer in
conjunction with a site plan or subdivision, notice of the hearing on the plat shall include reference to the
request for such conditional use.
304.
INFORMAL DISCUSSION.
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304.1
An informal submission is optional. Any person may appear at a regular meeting of the
Approving Authority for informal discussion with reference to an informally prepared plat of
sufficient accuracy to be used for purpose of discussion. The purpose of such a discussion will be to
review overall development concepts in order to assist the applicant in the preparation of subsequent
plans. No decisions will be made and no formal action taken on an informal discussion.
304.2
An informal submission of a site plan shall include sufficient basic data to enable the
Approving Authority and the applicant to comment upon design concepts such as building location,
ingress and egress, parking, major natural features that will have to be recognized or may influence
certain design criteria, and the applicant’s basic intent for water, sewerage, and storm drainage
facilities. Informal submissions are sketches to scale of possible plan(s) for the development of an
area. They are not binding on the Township or upon the developer and do not necessitate accurate
engineered drawings.
305.
SUBMISSION OF SKETCH PLAT.
Whether or not an informal discussion has been held on an application for development
(subdivision and/or site plan review) a sketch plat is required to record in the public record the plan’s
classification and, in the case of a minor site plan or minor subdivision, to take final action on the
application.
305.1
Filing Procedure.
The developer shall file with the Administrative Officer at least twenty (20) calendar days prior to the
meeting of the Approving Authority 10 black on white or blue print copies of the sketch plat, four (4)
completed copies of the application form for sketch plat classification; five (5) copies of covenants,
deed restrictions and easements applying to the land being developed, 3 copies of deeds for any lands
offered to the Township; the applicable fee, and such other data as the Approving Authority may
require.
305.2
Action by the Approving Authority.
305.2-1
The Approving Authority shall review the submission for its completeness and take action
on accepting no later than its first regular meeting following the review period. If incomplete, the
material shall be returned to the developer for a re-submission at least twenty (20) calendar days prior
to a subsequent meeting. If complete, the Approving Authority shall classify the application as a
minor or major development and shall approve, approve with conditions, or deny the application
32
within forty-five (45) days of the date of submission to the Administrative Officer, or within such
further time as may be consented to by the applicant. The decision shall be in writing and shall be sent
to the applicant and the newspaper as required in Section 203.5 and 203.6.
305.2-2
Before any approved sketch plat of a major subdivison or site plan or any approved final
plat of a minor subdivision or site plan is returned to the developer, the administrative officer shall
have sufficient signed copies of the plat (and deed if a deed is also prepared) to forward a copy to each
of the following, retaining one (1) copy for the Approving Authority’s file:
(a)
Township Engineer,
(b)
Construction Official,
(c)
Tax Assessor,
(d)
County Planning Board,
(e)
Township Clerk,
(f)
Township Board of Health.
305.2-3
Approval of a minor subdivision shall expire 190 days from the date of Township approval
unless within such period a plat in conformity with such approval, including any conditions imposed
by the Approving Authority, and in conformity with the provisions of the “Map Filing Law” P.L.
1960, Ch. 141 (46:23-9.9 et seq.), or a deed clearly describing the approved minor subdivision is filed
by the developer with the County Recording officer, the Township Engineer and the Township Tax
Assessor. Any such plat or deed accepted for such filing shall have been signed by the chairman and
secretary of the Approving Authority (or the vice chairman or assistant secretary in their absence,
respectively). In reviewing the application for development for a proposed minor subdivision the
Approving Authority may accept a plat not in conformity with the “Map Filing Law” P.L. 1960, Ch.
141 (46:23-9.9 et seq.), provided that if the developer chooses to file the minor subdivision as
provided herein by plat rather than deed such plat shall conform with the provisions of said act.
In accordance with R.S. 40:55D-54, the County Recording Officer shall notify the Approving
Authority of the filing of any plat within seven (7) days of the filing.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon
which minor subdivision approval was granted, shall not be changed for a period of two (2) years after
33
the date of minor subdivision approval: provided that the approved minor subdivision shall have been
duly recorded.
305.2-4
When the Approving Authority determines that any proposed development may create,
either directly or indirectly, an adverse effect on either the remainder of the property being developed
or nearby property, the Approving Authority may require the developer to review the plat. Where the
remaining portion of the original tract is of sufficient size to be developed or subdivided further, the
developer may be required to submit a sketch plat of the entire remaining portion of the tract to
indicate a feasible plan whereby the design of the proposed development together with subsequent
subdivisions or development will not create, impose, aggravate, or lead to any such adverse effect(s).
305.2-6
If classified as a major development and either approved or approved with conditions as a
major development, a notation to that effect including the date of the Approving Authority’s action
shall be made on all copies of the plat and shall be signed by the chairman and secretary of the
Approving Authority (or the vice chairman or assistant secretary in their absence, respectively) except
that the minor plats shall not be signed until all conditions are incorporated on the plat. All conditions
on minor developments shall be complied with within ninety (90) days of the meeting at which
conditional approval was granted, otherwise the conditional approval shall lapse. If classified as a
major development, sketch plat modifications are not required. Any conditions shall be incorporated
on the preliminary plat.
306.
SUBMISSION OF PRELIMINARY PLAT.
Preliminary plats are required for all major site plans and major subdivisions.
306.1
Filing Procedure.
Any developer shall submit to the administrative officer at least two (2) weeks prior to the meeting
of the Approving Authority, 10 black on white or blueprint copies of the preliminary plat, 4
completed copies of the application form for preliminary approval; 5 copies of any protective
covenants, deed restrictions and easements, applying to the land being developed; 4 copies of the
drainage calculations, Environmental Impact Statement as required in Article 5, and Soil ‘Erosion
and
Sediment Control data as required in Article 4 of this ordinance; the application fee, and
such other data as may be required by the Approving Authority.
306.2
Action by the Approving Authority.
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306.2-1
The submission for preliminary approval of a major subdivision shall be examined
by the Administrative Officer and a determination made as to whether the same constitutes a
‘complete application’ as defined in the Municipal Land Use Law as amended. If the application is
found-to be incomplete, the developer shall be notified in writing of the deficiencies therein by the
board or the board’s designee for the determination of completeness within forty-five (45) days of
submission of such application or it shall be deemed to be properly submitted. If determined to be
a ‘complete application’ a public hearing date shall be set and notice given as required by this
ordinance in Article 10.
306.2-2
Upon submission of a plat and before approval of a plat, the administrative officer
shall submit one (1) copy of the plat and supporting data to the County Planning Board, Township
Engineer, Environmental-Commission, and any other agency or person as directed by the
Approving Authority for their review and action, each shall have thirty (30) days from receipt of
the plat to report to the Approving Authority. In the event of disapproval, such report shall state
the reasons therefore. If any agency or person fails to report to the Approving Authority within the
thirty (30) day period, said plat shall be deemed to have been approved by them. Upon mutual
agreement between the County Planning Board and the Approving Authority, with approval of the
applicant, the thirty (30) day period for a County Planning Board report may be extended for an
additional thirty (30) days and any extension shall so extend the time within which the Approving
Authority is required to act.
306.2-3
If the submission is accepted as a subdivision, the Approving Authority shall grant
or deny preliminary approval of a subdivision often (10) or fewer lots within forty-five (45) days
of the date of such submission or within such further time as may be consented to by the
developer: Upon the submission of a complete application for a subdivision of more than ten (10)
lots, the Approving Authority shall grant or deny preliminary approval within ninety-five (95)
days of the date of such submission or within such further time as may be consented to by the
developer. Otherwise, the Approving Authority shall be deemed to have granted preliminary
approval to the subdivision.
306.2-4
The submission for preliminary approval of a site plan shall be examined by the
Administrative Officer and a determination made as to whether the same constitutes a ‘complete
application’ as defined in the Municipal Land Use Law as amended. If the application is found to
be incomplete, the developer shall be notified in writing of the deficiencies therein by the
35
Administrative officer within forty-five (45) days of the submission of such application or it shall
be deemed to be properly submitted.
Upon the submission to the Administrative officer of a complete application for a site plan which
involves ten (10) acres of land or less, and ten (10) dwelling units or less the Planning Board shall
grant or deny preliminary approval within forty-five (45) days of the date of such submission or
within such further time as may be consented to by the developer. Upon the submission of a
complete application for a site plan which involves more than ten (10) acres, or more than ten (10)
dwelling units, the Planning Board shall grant or deny preliminary approval within ninety-five
(95) days of the date of such submission or within such further time as may be consented to by the
developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval
of the site plan.
a.
A site plan for ten (10) acres of land or less: within forty-live (45) days of the date of
submission.
b.
A site plan of more than ten (10) acres: within ninety-five (95) days of the date of
submission.
Before any action is taken on any preliminary site plan containing more than ten (10) acres or for a
site plan containing a flood hazard area, the Approving Authority shall conduct a public hearing as
established in this ordinance. Action may be taken on a preliminary site plan for ten (10) acres of
land or less without a public hearing unless, in the opinion of the Approving Authority, the
proposed use, proposed intensity of development, location of the tract, traffic conditions, or
environmental concerns for a property of ten (10) acres or less are of sufficient concern that the
Approving Authority desires to receive the public’s comments. Where a public hearing is
scheduled for a site plan, no action shall be taken until completion of the public hearing and the
scheduling and notifications for the hearing shall be in accordance with this ordinance.
306.2-5
If the Approving Authority required any substantial amendment in the layout of
Improvements in either a site plan or subdivision as proposed by the developer and that plan had
been the subject of a hearing, an amended application for development shall be submitted and
proceeded upon, as in the case of the original application for development. The Approving
Authority shall, if the proposed development complies with this ordinance, grant preliminary
approval.
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306.2-6
The Approving Authority may approve, disapprove, or approve with conditions the
application, including action on the Environmental Impact Statement in Article 5. such action shall
not take place until after any required public hearing has been conducted. The decision shall be in
writing and shall be sent to the applicant and the newspaper as required by Section 2-3.6. If the
Approving Authority grants preliminary approval, its chairman and secretary (or vice chairman or
assistant secretary in their absence, respectively) and Township Engineer shall sign each page of
the plat indicating the approval. If the plat is conditionally approved, it shall not be signed until all
conditions are complied with. If all conditions are not complied with within one hundred eighty
(180) days from the date of the meeting at which a plat was conditionally approved, the
conditional approval shall lapse.
306.2-7
Effect of Preliminary Approval.
Preliminary approval shall, except as provided in paragraph (d) below, confer upon the applicant
the following rights for a three (3) year period from the date of the preliminary approval,
a.
That the general terms and conditions on which preliminary approval was granted shall
not be changed, including but not limited to: use requirements; layout and design standards for
streets; curbs and sidewalks; lot size, yard dimensions and off-tract improvements; any
requirements peculiar to site plan approval; except that nothing herein shall be construed to
prevent the Township from modifying by ordinance such general terms and conditions of
preliminary approval as related to public health and safety; and
b.
That the applicant may submit for final approval on or before the expiration date of
preliminary approval the whole or a section or sections of the preliminary plat; and
c.
That the applicant may apply for and the Approving Authority may grant extensions on
such preliminary approval for additional periods of at least one (1) year but not to exceed a
total extension of two (2) years, provided that if the design standards have been revised by
ordinance, such revised standards may govern.
d.
In the case of a development for an area of fifty (50) acres or more, the Approving
Authority may grant the rights referred to in subsection a, b and c above for such period of
time, longer than three (3) years, as shall be determined by the Approving Authority to be
reasonable taking into consideration (1) the number of dwelling units and nonresidential floor
area permissible under preliminary approval,. and (2) the potential number of dwelling units
and nonresidential floor area of the section(s) awaiting final approval, (3) economic conditions
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and (4) the comprehensiveness of the development, provided that if the design standards have
been revised, such revised standards may govern.
307.
SUBMISSION OF FINAL PLAT
307.1
Filing Procedures.
307.1-1
The developer shall file with the Administrative Officer at least twenty (20)
calendar days prior to the meeting of the Approving Authority, one (1) mylar, two (2) cloth and
black on white or blueprint prints of the plat and 4 completed copies of the application form for
final approval, the performance guarantee including off-tract improvements, if any, any
maintenance guarantees, and the applicable fee.
307.1-2
Letters directed to the Chairman of the Approving Authority and signed by a
responsible office of the water company, and gas, telephone and electric utility that has
jurisdiction in the area, approving each proposed utility installation design and stating who will
construct the facility.
307.1-3
Developer shall file proof that all taxes are paid to date on the property. (see
Section
203.7)
307.1-4
The final plat shall be accompanied by a statement by the Township Engineer that
he is in receipt of a map showing all utilities and other improvements (both in the development
and off-tract improvements) in exact location and elevation, that he has examined the drainage,
erosion, storm water control, and excavation plans and found that the interests of the Township
and of nearby properties are fully protected, and identifying those portions of any improvement
already installed and that the developer has either.
a.
Installed all improvements in accordance with the requirements of this ordinance and
the
preliminary plat approval with a maintenance guarantee accompanying the final plat; or
b.
Posted a performance guarantee in accordance with this ordinance and the preliminary
pint approval for all partially completed improvements or improvements not yet
initiated.
307.2
Action by the Approving Authority.
307.2-1
The Approving Authority shall grant final approval if the detailed drawings,
specifications, and estimates of the application for final approval conform to-the standards
established by ordinance for final approval, the conditions of preliminary approval, and in the case
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of a major subdivision, the standards prescribed by the “Map Filing Law”, 46:23-9.9 et seq.;
provided that in the case of a planned development, the Approving Authority may permit minimal
deviations from the conditions beyond the control of the developer since the date of preliminary
approval without the developer being required to submit another application for development for
preliminary approval.
307.2-2
Final approval shall be granted or denied within forty-five (45) days after submission
of a complete application to the administrative officer, or within such further time as may be
consented to by the applicant. An approved final plat shall be signed by the chairman and
secretary of the Approving Authority (or vice chairman or assistant secretary in their absence,
respectively). Failure of the Approving Authority to act within the period prescribed shall
constitute final approval and a certificate of the administrative officer as to the failure of the
Approving Authority to act shall be sufficient in lieu of the written endorsement or other evidence
of approval, herein required, and shall be so accepted by the County Recording Officer for
purposes of filing subdivision plats.
307.2-3
Whenever review or approval of the application by the County Planning Board is
required by 40:27-6.3 or 40:27-6.6, or other statute, the Township Approving Authority shall
condition any approval that it grants upon timely receipt of a favorable report on the application by
the County Planning Board or approval by the County Planning Board by its failure to report
thereon within the required time period.
307.2-4
The zoning requirements applicable to the preliminary approval first granted and all
other rights conferred upon the developer pursuant to the Municipal Land Use Law, whether
conditionally or otherwise, shall not be changed for a period of two (2) years after the date of final
approval. If the developer has followed the standards prescribed for final approval, the Approving
Authority may extend such period of protection for extensions of one (1) year, but not to exceed
three (3) extensions. Upon granting of final approval, the rights conferred upon the applicant by
the granting of preliminary approval shall be terminated upon final approval.
307.2-5
In the case of a subdivision or site plan of one hundred fifty (150) acres or more, the
Approving Authority may grant the rights referred to in the above paragraph for such period of
time longer than two (2) years, as shall be determined by the Approving Authority to be
reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area
permissible under final approval, (2) economic conditions and (3) the comprehensiveness of the
39
development. The developer may apply for thereafter, and the Approving Authority may thereafter
grant, an extension of final approval for such additional period of time as shall be determined by
the Approving Authority to be reasonable taking into consideration (1) the number of dwelling
units and nonresidential floor area permissible under final approval, (2) the number of dwelling
units and nonresidential floor area remaining to be developed, (3) economic conditions and (4) the
comprehensiveness of the development.
307.2-6
Upon final approval, the applicant shall provide:
a.
Three (3) sets of final plans and one (1) signed linen and one (1) mylar of the final plan
to
the Township Engineer.
b.
One (1) mylar and opaque linen copies to the County Clerk per law.
c.
One (I) linen to the Township Clerk.
d.
One (1) signed paper print to the Planning Board, Building Inspector, Tax Assessor,
County Planning Board and such other township, county or state officials or other
individuals as directed by the Board.
e.
One (1) set of final plans to the Approval Authority.
307.2-7
Final approval of a major subdivision shall expire ninety-five (95) days from the date
of signing of the plat unless within such period the plat shall have been duly filed by the developer
with the County Recording Officer. The Approving Authority may for good cause shown extend
the period for recording for an additional period not to exceed one hundred ninety (190) days from
the date of signing of the plat. No subdivision plat shall be accepted for filing by the County
Recording Officer until it has been approved by the Approving Authority as indicated on the
instrument by the signature of the Chairman and Secretary of the Approving Authority or a
certificate has been issued as to the failure of the Approving Authority to act within the required
guarantees. If the County Recording Officer records any plat without such approval, such
recording shall be deemed null and void, and upon request of the Township, the plat shall be
expunged from the official records. It shall be the duty of the County Recording Officer to notify
the Approving Authority in writing within seven (7) days of the filing of the plat, identifying such
instrument by its title, date of filing and official number.
308.
PLAT DESIGN STANDARDS FOR SUBDIVISIONS.
308.1
Plat Conformity.
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No development application shall be accepted unless submitted in plat form and no plat shall be
accepted for consideration unless it conforms to the following requirements as to form, content and
accompanying information, and complies with the provisions of N.J.S.A. 46:23-1 et seq. (Map filing
law), and Section 107 of this ordinance.
308.2
Sketch Plat for Classification.
A sketch plat shall be clearly and legibly drawn at an accurate scale of not less than one (1) inch
equals one hundred (100) feet in order to include the entire tract on one (1) sheet and shall be
based
on a certified boundary survey. Plat shall be presented on sheet(s) of one of the following
dimensions: thirty by forty-two (30 x 42) inches, twenty-four by thirty-six (24 x 36) inches,
eighteen by twenty-four (18 x 24) inches, fifteen by twenty-one (15 x 21) inches, twelve by eighteen
(12 x 18) inches, nine by twelve (9 x 12) inches or eight and one-half by thirteen (8 1/2 x 13) inches.
The plat shall be designed in compliance with the provisions of Article I and shall include a key
map with North arrow showing the entire subdivision and its relation to surrounding areas at a scale
of not less than one (1) inch equals one thousand (1,000) feet, together with the following
information:
308.2-1
The boundary and acreage of the original tract measured to the nearest-one-hundredth
(0.01) of an acre; the number, acreage and configuration of all lots being created: the area of each
lot correct to one-tenth (0.1) of an acre; all existing and proposed lot lines correct to one (1) foot.
If the plat is to be submitted for approval as a minor subdivision, existing lot lines as well as
proposed lot lines shall be accurately shown by precise metes and bounds, distances to nearest
0.01 ft.
308.2-2
All existing buildings and structures and their use(s), with the shortest distance from
existing building(s) to any proposed or existing lot line, and wooded areas, rock outcrops, streams,
lakes, drainage rights-of-way and streets within the limits of the tract(s) being subdivided and
within two hundred (200) feet thereof, including the location, width and direction of flow of all
streams, brooks, drainage structures and drainage rights of way. Any existing features to be
removed or relocated shall be indicated. Flood hazard area lines and wetlands and swamps within
the tract shall be shown, as well as contours, inside the tract and within fifty (50) feet of its
boundaries, at sufficient intervals to determine the general surface drainage.
308.2-3
The existing and proposed rights-of-way with dimensions of all easements, sight
triangles and all streets within the premises and within two hundred (200) feet thereof, together
41
with existing driveways, street names and the purpose of any easement, The type of street surface
material and existing utilities within two hundred (200) feet of the tract shall be shown, including
at least one (1) street intersection using the foreshortened tie distance when same is remote from
the property in question.
308.2-4
The Tax Map sheet, block and lot number for the tract and all adjacent lots; the name
of the owner and all adjoining property owners as disclosed by the most recent township tax
records; date, title, graphic scale, North arrow and space for the subdivision application number;
zoning district(s), and if the property lies in more than one zoning district, the plat shall indicate
all the zoning district lines; and the name, address, phone number and signature of the owner,
subdivider and person preparing the plat.
308.2-5
When on-lot water and/or on-lot sewage disposal are proposed, the plat shall be
accompanied by the results of percolation tests. A minimum of two percolation tests shall have
been located on each proposed lot at the site of a potential or proposed septic tank and appropriate
additional locations in the leeching field and shall be approved by the Board of Health. The
percolation tests shall include all required data including, but not limited to, the date of the tests,
the location of each test shown on the plat, soil lot at least ten (10) feet below finished grade,
ground water level, the rate of percolation, the weather conditions prevailing at the time of the
tests, as well as for the preceding 48 hours, and the layout and grades for the proposed septic field.
The tests shall be performed at applicant’s expense. Each lot proposed shall show the location of
the proposed individual water supply and its location relative to the sewage disposal system.
The foregoing data is required in all such cases, whether or not construction on the lot in the
immediate future is contemplated or not, in order to protect prospective purchasers of such lot and
in order not to place the Township in the position of permitting a subdivision upon which there is
no reasonable prospect of building.
Approval of a subdivision based upon such percolation data submitted by the applicant, however,
shall constitute no guarantee by the Township that percolation standards may not be changed, or
that percolation may be accomplished at the time of the application for construction, or that an
individual sewage disposal system and/or water supply will function satisfactorily on such
property, or that the lot will meet the requirements for issuance of a construction permit at the time
of application therefore.
308.3
Preliminary Plat of Major Subdivision.
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The preliminary plat shall be titled as such and shall be clearly and legibly drawn by a licensed
New Jersey engineer and/or land surveyor and shall be based on a certified boundary survey by a
licensed New Jersey land surveyor, at a scale of not less than one (1) inch equals fifty (50) feet,
and
shall include a key map with North arrow showing the entire subdivision and its relation to
surrounding areas at a scale of not less than one (1) inch equals one thousand (1,000) feet. Plats
shall
be presented on sheets of one of the following dimensions: 30" x 42", 24" x 36", 18" x 24",
15" x 21", 9" x 12", 12" x 18", or 8-1/2" x 13". If more than one (1) sheet is required to show the
entire
subdivision, a separate composite map shall be drawn showing the entire subdivision and
the sheets on which the various sections are shown, and each detail sheet shall include a key map
showing its
relation to the whole tract. The plat shall consist of as many separate maps as are
necessary to
properly evaluate the site and the proposed work. The plat shall be designed in
compliance with the
provisions of Article 7 and shall show or be accompanied by the following
information.
308.3-1
A title containing the name of the subdivision; the name of the township, county and
state; Tax Map sheet, block and lot number, date of preparation and most recent revision, North
arrow, written and graphic scales; the names, addresses, phone numbers and signatures of the
Owner, subdivider and person(s) who prepared the plat(s) including the seal of the letter; the
names of all property owners within two hundred (200) feet of the extreme limits of the
subdivision; and space for the subdivision application number.
308.3-2
The boundary and acreage of the original tract measured to the nearest one-hundredth
(0.01) of an acre; the number, acreage and configuration of all lots being created; the area of each
lot correct to one-tenth (0.1) of an acre; all existing and proposed lot lines correct to 0.01 feet.
308.3-3
A map showing existing and proposed elevations and contour lines over the entire area
of the proposed subdivision, together with watercourses and an indication of the final disposal of
the surface waters. All elevations shall be related to two (2) permanent bench marks identified on
the plan. Contours shall be shown at not more than two foot intervals for areas with less than a
ten-percent slope, five-foot intervals for areas with ten or twenty-percent slopes, and ten or
twenty-foot intervals for areas with slopes-in excess of twenty percent (20%). For tracts containing
slopes in more than one (1) category, the subdivider shall show contour lines at the most
restrictive interval throughout the tract unless specifically waived by the Approving Authority in
43
lieu of some other satisfactory contour interval and topographic data to meet the objectives of this
Ordinance, such topographic data shall be shown within 200' of the tract boundaries.
308.3-4
The locations and dimensions of railroad rights-of-way, bridges and natural features,
such as soil types, wooded area, lakes, rock outcroppings and views within the subdivision, and
the locations of individual trees outside wooded areas having a minimum caliper of six (6) inches.
The proposed location of shade trees to be provided by the subdivider shall also be shown. Soil
types shown shall be based on United States Soil Conservation categories.
308.3-5
All existing and proposed watercourses, including lakes, ponds and marsh areas,
accompanied by the following information or data:
(a)
When a running stream with a drainage area of one-half (1/2) square mile or greater is
proposed for alteration, improvement, or relocation, or when a structure or fill is proposed
over, under, in or along such a running stream, evidence of approval, required alterations, lack
of jurisdiction or denial of the improvement by the New Jersey Division of Water Policy and
Supply or such agency having jurisdiction shall accompany the application.
(b)
Profiles and cross sections at fifty-foot intervals of watercourses, at an appropriate
scale, showing the extent of the flood fringe area, top of bank, normal water level and bottom
elevations of all watercourses on or within five hundred (500) feet of the subdivision.
(c)
When ditches, streams, brooks or watercourses are to be altered, improved or relocated,
the method of stabilizing slopes and the measures to control erosion and siltation during
construction, as well as typical ditch sections and profiles, shall be shown on the plan or
accompany it.
(d)
The total upstream acreage in the drainage basin of any watercourse running through or
adjacent to a subdivision including the distance and average slope upstream to the basin ridge
line.
(e)
The total acreage in the drainage basin to the nearest downstream drainage structure
and the acreage of that portion of the subdivision which drains to the structure, including the
distance and average slope downstream to the structure.
(f)
The location and extent of drainage and conservation easements and floodway and
flood hazard area limits.
44
(g)
The location, extent and water level elevation of all existing or proposed lakes or ponds
on or within five hundred (500) feet of the subdivision.
(h)
Plan, profile drawings and computations for any storm drainage systems, including:
(i) All existing and/or proposed storm water lines on site or within five hundred (500)
feet of the subdivision, showing size, profile and slope of the lines, the location of each
inlet, manhole or other appurtenance and the pipe material type, strength class or
thickness and bedding type.
(ii) The location and extent of any proposed dry wells, groundwater recharge basins,
detention basins, flood control devices, sedimentation basins and other water
conservation devices.
308.3-6
The names, locations and dimensions of all existing streets within a distance of two
hundred (200) feet of the subdivision, including at least one (1) street intersection and showing
existing driveways and any connections proposed by the subdivision to existing streets, sidewalks
and bike routes outside the subdivision; plans, cross sections, center-line profiles, proposed grades
and standard details of all proposed streets, including full details of other utility improvements
within or adjacent to the street right-of-way, including sanitary sewers, curbing, sidewalks, storm
drains and water, gas and electric facilities. Typical street cross sections shall indicate the type and
width of pavement and the location of curbs, sidewalks, bike routes, sewers, drains, water and gas
mains, electric and telephone facilities and appurtenances and shade tree planting. At intersections,
the sight triangles, radii of curb lines and the location of street signs and traffic control devices
shall be clearly indicated. Horizontal scale shall not be less than one (1) inch equals forty (40) feet.
308.3-7
The names, location, right-of-way widths and purpose(s) of existing and proposed
easements and other rights-of-way in the subdivision, and the location and description of all
existing or proposed boundary control monuments and pipes.
308.3-8
All proposed lot lines, including existing lot lines to remain and those to be eliminated,
and all set back lines required by the Zoning Ordinance, with the dimensions thereof. Any lot(s) to
be reserved or dedicated to public use shall be identified and shall show proposed improvements,
such as but not limited to landscaping, grading, walkways and recreation facilities, if any. Each
block shall be numbered and the lots within each block shall be numbered consecutively
beginning with number one (1), as acceptable to the Township Engineer.
45
308.3-9
Locations of all existing structures and their use(s) in the tract and within two hundred
(200) feet thereof, showing existing and proposed front, rear and side yard setback distances and
an indication of all existing structures and uses to be retained and those to be removed.
308.3-10 Plans and profiles of proposed on-site, offsite and of off-tract improvements and utility
layouts (sanitary sewers, storm sewers, erosion control and landscaping, storm-water control,
sedimentation basin, excavation, water mains, gas, telephone, electricity, etc.), showing location,
size, slope, pumping stations and other details as well as feasible connections to any existing or
proposed utility systems. If private utilities are proposed, they shall comply fully with all
township, county and state regulations. If service is to be provided by an existing utility company,
a letter from that company shall be submitted, stating that service will be available before
occupancy of any proposed structures. When on lot water or sewage disposal is proposed, the plan
for such system shall be approved by the appropriate township and state agencies and the results
of percolation tests shall be submitted with the preliminary plat in accordance with the procedures
outlined in this ordinance.
308.3-11
Zoning district(s); and if the property lies in more than one (1) zoning district, the
plat shall indicate the zoning district lines.
308.3-12
Minimum front, rear and side yard setback lines for the zone.
46
308.3-13 Tree Removal
A)
The square footage of all land to be non-wooded following development (to be used in
Section 702.12C(d). The non-wooded area shall be computed by using the total lot area
and
reducing it by the following:
a)
Pre-developed wooded area (to remain undeveloped).
b)
1600 square feet for each isolated tree to remain.
c)
2500 square feet for the building
B)
Locations of all trees or wooded areas.
C)
Approximate number of trees per acre.
D)
Species substantially involved.
E)
Location and listing of trees to be removed.
F)
Applicability. This Ordinance shall be applicable to all existing property in the Township
of
Green Brook, whether developed or undeveloped, where either the owner or someone at
the
owner’s direction or with the owner’s consent shall remove one or more specimen trees as
hereinafter defined from the said premises. This Ordinance shall not apply to the removal
of
specimen trees pursuant to any application before the Green Brook Planning Board or the
Green Brook Board of Adjustment pending o the effective date hereof provided the
application has been deemed complete within the meaning of N.J.S.A. 40:55D-10.3 and all
filing fees and escrows relative to the same have been paid. Also excluded from the
provisions of this subsection is any unimproved property for which development has been
approved by action of the Planning Board or Board of Adjustment which approval
postdates
the enactment of the Ordinance known and designated as “The Zoning Ordinance
of Green
Brook (1987)” and the removal of any specimen trees from the building envelope
as
designated in any pending or future development application.
47
308.4 Final Flat of Major Subdivision.
The final plat shall be prepared in compliance with the provisions of the Map Filing Law
(N.J.S.A. 46:23-9.9 et seq.), as amended; and shall conform to the following
standards and particulars and be accompanied by final plans in accordance with subsection E of
this section.
308.4-1
The plat shall be prepared and submitted on a sheet of standard size (twenty-four by
thirty-six (24x36) inches or thirty by forty-two (30x42) inches, including a margin of at least one-
half (1/2) inch and be drawn at a-scale of one (1) inch equals one hundred (100) feet, except that a
scale of one (1) inch equals fifty (50) feet or larger shall be used where necessary and at special
details to provide fully intelligible and legible information throughout. When the overall size of
development or the owner’s desire to submit final plans in sections will result in more than one (1)
sheet, individual sheets or sections shall be numbered, match lines or boundaries with adjacent
sheets or sections shall be provided and each sheet shall contain an acceptable key map of the
entire tract showing the relation and orientation of the subject to adjacent sections and the total
development.
308.4-2
The original plat shall be prepared in waterproof black ink on mylar under the
immediate supervision of and in accordance with the computations of a land surveyor licensed to
practice in the State of New Jersey. The original and all submitted black-line prints, translucent
mylar, translucent linen and opaque linen copies shall be hand signed and sealed by the
responsible surveyor.
308.4-3
The fieldwork for the basic boundary survey shall be precise, with a linear error of
closure not to exceed one (1) part in ten thousand (10,000) before adjustment. Angular error of
closure shall not exceed fifteen (15) seconds times the square root of n (where “n” equals the
number of sides). Fieldwork meeting these standards shall be adjusted and balanced by the
compass rule, transit rule or least square analysis, as considered appropriate by the responsible
surveyor. All existing boundary evidence for the property in question and/or adjacent properties
shall be clearly shown in relation to the boundaries of the property in question. All exterior
boundaries shall be clearly identified by bearings precise to the nearest one (1) second of arc and
distances precise to the nearest one hundredth (0.01) of a foot. Permanent concrete monuments
conforming to state statutes and extending not less than thirty (30) inches below grade nor more
48
than one (1) inch above shall be indicated on the plat and precisely set in the field along the tract
boundary at all corner, sidelines of proposed streets and beginning and ending points of all
horizontal curves. Inaccessible corners shall be provided with two (2) offset reference monuments
clearly defined on the plat. Additional point-on-line monuments as necessary shall be installed in
the field and identified on the plat whenever topographic conditions do not permit corner-to-corner
visibility. Unless specifically waived by the Township Engineer for due cause, the boundaries of
all final plats shall be based on the United States Geological Survey bearing datum and all
boundary monuments shall be coordinated on the New Jersey plane coordinate system, with North
and East coordinates for each monument and corner shown on the plat. The gross tract area and
the area of each interior parcel, including parcels dedicated to public use, shall be calculated and
shown to the nearest thousandth of an acre or the nearest ten (10) square feet.
308.4-4
The metes and bounds for all interior parcels, streets and/or easements dedicated to
public use shall be calculated to the same order of precision and shown on the plat as above
described for the tract boundary. Interior monuments shall be indicated on the plat and installed in
the field along one (1) side of all street rights-of-way, at all corners of parcels dedicated to public
use and at such other additional locations incident to topographic conditions and other factors as
the Township Engineer may find essential to the public interest. Due to the high potential for
disturbance or destruction during construction, the installation of interior monuments may be-
deferred until the completion of final grading and seeding, subject to posting-of acceptable
performance guarantee.
308.4-5
In addition to tract, lot and street boundary lines above described, the final plat shall
identify and provide precise metes and bounds for all necessary easements, sight triangles and
other reservations for public or quasi-public use. The grantee of any such public or quasi-public
dedication shall be identified on the plat.
308.4-6
The following circular curve data shall be provided for all curvilinear boundaries and
street center lines: radius, central angle, tangent distance, chord distance, chord bearing and arc
length. Distances shall be shown to the nearest one-hundredth (1/100) foot. Angles and bearings
shall be shown to the nearest one (1) second of arc.
308.4-7
Block and lot numbers shall be shown on the final plat in accordance with established
standards in conformity with the Township Tax Assessment Map as approved by the Township
Engineer.
49
308.4-8
Title block in the lower right-hand portion of the sheet shall include:
(a)
The name (and section, where applicable) of the plat.
(b)
The current tax assessment block(s) and lot(s) numbers.
(c)
The name of the municipality, county and state.
(d)
Names and addresses of the owner, applicant and responsible surveyor.
(e)
The date of preparation (and revisions, if any).
(f)
The plat scale.
(g)
Graphic scale.
308.4-9
Bearing datum North (map datum) and true North arrows shall be provided, including
the angular difference between map North and true North.
308.4-10 All street names shall be shown, acceptable to the Approving Authority.
308.4-11 The plat shall contain the following endorsements:
(a)
Certification by the responsible surveyor that the map was prepared under his/her
supervision and is in compliance with state statutes and local ordinances, such certification to
be signed, sealed and dated by the responsible surveyor.
(b)
Certification by the owner(s) that the plat is in accordance with their free consent and
express desires, including their consent to filing, such certification to be signed, dated and
sealed by the owner(s) and witness(s). In’ the case of individual ownership, signature shall be
certified by a notary; if a partnership, by all partners and certified by a notary; if a corporation,
by an authorized principal of the corporation, certified by the corporate secretary and sealed
with the corporate seal. The name and position of each signature party shall be legibly printed
below each signature.
(c)
Signature block with places to be signed and dated by the Chairman and Secretary of
the Approving Authority.
(d)
Certification that all new streets and easements have been approved by the Township
Committee and that bonds have been given to the Township guaranteeing the completion of
improvements to same, such certification to be signed, dated and sealed by the Township
Clerk.
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(e)
Certification of compliance with “Map Filing Law”, applicable local ordinances and
regulations, signed and dated by the Township Engineer.
(f)
Certification of. compliance with state statutes and approval to file in the County
Clerk’s office within ninety-five (95) days of approval, such certification to be signed, dated
and sealed by the Township Clerk.
(g)
Certification that bond has been given to the township guaranteeing the future setting
of monuments (if any not previously set), such certification to be signed, dated and sealed by
the Township Clerk.
(h)
Other appropriate notes regarding the dedication of public or private roads, easements,
recreation areas, etc., and reference to related deeds of conveyance, such notes to be signed,
dated and sealed by the owner.
(i)
Signature block for certification by the County Planning Board.
(j)
Recording block for use by the County Clerk, with space to insert map number, date
and time of filing.
308.4-12
Minimum building setback lines shall be shown for each lot. The names and block,
lot and property lines of adjoining owners shall be shown, as disclosed by the current tax
assessment records.
308.5
Final Plans Accompanying Final Plat.
308.5-1
Submission of the final plat shall be accompanied by final plans and other relevant
supporting materials, including the following:
(a)
Plans, profiles and cross sections, as appropriate, for all new streets, including all
utilities and street improvements; public utility easements; site grading and drainage, including
detail plans for stormwater detention facilities or stream encroachment as approved by the
County Engineer and/or State Department of Environmental Protection, Division of Water
Resources; and sanitary sewerage plans as approved by the Township Engineer.
(b)
Copies of all required permits or relevant agreements for proposed utility
improvements related to drainage, sewerage, gas, water, electric, telephone or other facilities.
(c)
Copies of proposed deeds of conveyance for all new streets, sight triangles, easements,
recreation parcels, school sites and/or other land restrictions.
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(d)
Design calculations for sanitary sewerage and storm drainage facilities, signed, dated
and sealed by the responsible project engineer.
308.5-2
Plats shall be standard size (twenty-four by thirty-six (24 x 36) inches or thirty by
forty-two (30 x 42) inches) and shall be drawn to an appropriate scale necessary to clearly show
the scope and detail of the proposed work sufficient for the Township Engineer to make a
quantitative engineering analysis and to assure proper construction in accordance with township
standards. A standard size cover sheet shall be provided which shall include, as a minimum:
(a)
A key map, at a scale not greater than one (1) inch equals one thousand (1,000) feet, of
the property in question and all adjacent lots, streets and watercourses within two thousand
(2,000) feet of the property boundaries.
(b)
A general location plan, at a scale not greater than one (1) inch equals two hundred
(200) feet, of the property in question, showing proposed streets and utility systems.
(c)
Index for the complete set of plans.
309.
PLAT DESIGN STANDARDS FOR SITE PLANS.
309.1
Plat Conformity.
No development application shall be accepted unless submitted in plat form and no plat shall be
accepted for consideration unless it conforms to the following requirements as to form, content and
accompanying information, and shall conform to Section 107 of this Ordinance.
309.2
Sketch Plan for Classification and Approval shall include the same data as required in
Section 308.2 except that the graphic scale shall be 1"=10', 20', 30', 40' or 50'. This submission shall
also show the applicable data called for in the Building and Use Plan, Circulation Plan, Natural
Resources Plan, Facilities Plan, and Flood Hazard Area Considerations in Section 309.5 except that an
Environmental Impact Statement may be waived or modified by the Approving Authority as may be
the requirements for the amount of detail in the plans listed above. If the submission is classified as a
minor site plan, final action may be taken on the sketch plat.
309.3
A Sketch Plat of a Major Site Plan shall show to scale the lot lines, propose building(s),
proposed use(s), parking, loading, on-site circulation, driveways, streams, approximate floor hazard
area, wooded areas, contours based on U.S.G.S. or similar available datum, approximate on-site or on-
tract, storm water detention facilities, and water and sewer service. The scale shall be 1"=10', 20', 30',
40' or 50'.
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309.4
Preliminary Site Plan Plat.
309.4-1
Each site plan shall be submitted at a scale of 1" = 10', 20', 30', 40' or 50'. All plats
shall be submitted on one of the following standard sheet sizes 30"x 42", 24" x 36", 18" x 24", 15"
x 21", 9" x 12", 12" x 18", or 8-1/2" x 13". If one sheet is not sufficient to contain the entire
territory of the tract, the tract may be divided into sections to be shown on separate sheets of equal
sizes, all sheets with the same scale, with references on each sheet to the adjoining sheets,
provided that one sheet at a smaller scale is attached which shows the entire project on one sheet
of the same size. See Section 107.
309.4-2
Each plan shall include the following data:
(a)
Name of the development.
(b)
Appropriate places for the signatures of the Approving Authority Chairman and
Secretary, the dates of the official Approving Authority actions and dates of the signatures.
(c)
A small key map giving the general location of the tract in relation to the remainder of
the community.
(d)
Zone district(s) in which the lot (s are) is located.
(e)
North Arrow,
(f)
Date of the original plan and each subsequent revision date.
(g)
Graphic scale.
(h)
Total tract acreage to one one-hundredth (1/100) of an acre.
(i)
An outbounds survey of the tract certified by a licensed land surveyor.
(j)
Existing and proposed streets and street names.
(k)
Existing and proposed streams and easements.
(l)
Flood hazard areas based on one-hundred-year-plus storms.
(m)
All dimensions and areas needed to confirm conformity, to this ordinance, such as but
not limited to building area, lot lines, parking and loading spaces, setbacks, buffers and yards.
(n)
The site in relation to all remaining contiguous lands in the applicant’s or owner’s
ownership.
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(o)
All roads, driveways, watercourses and existing buildings within two hundred (200)
feet of the tract.
309.5
Site Plan Information for Preliminary and Final Approval.
Each site plan shall have the following information shown thereon or be annexed thereto and shall be
designed to comply with the applicable Design and Performance Standards (Article 7) and the Zoning
Ordinance.
309.5-1 Building and Use Plan.
This plan shall show the size, height, location, arrangement
and use of all existing and proposed structures and signs, including proposed total building
coverage in acres or square footage and percent of the lot coverage, with an architect’s sealed
elevations of the front, side and rear of any structure and sign to be erected or modified to the
extent necessary to apprise the Approving Authority of the slope of the proposed work. Any
existing structures on the site shall be identified as either to remain or to be removed. There shall
be included a written description of the proposed use(s) and operation(s) of the building(s),
including the number of employees or members of nonresidential buildings; the proposed number
of nonresidential buildings; the proposed number of shifts to be worked and maximum employees
of each shift; expected truck and tractor-trailer traffic; emission of noise, glare, vibration, heat,
odor, air and water pollution; safety hazard; and anticipated expansion plans incorporated in the
building design. Floor plans shall be submitted where more than one (1) use is proposed with
different parking standards.
309.5-2 Circulation Plan.
This plan shall show access streets and street names,
acceleration/deceleration lanes, access points to public streets, sight triangles, traffic
channelization, easements, fire lane, driveways, aisles and lanes, curbs, curb cuts with ramps for
handicapped persons, number and location of parking and loading spaces (including the
designated wider spaces for the handicapped, loading berths or docks, pedestrian walks, provisions
for handicapped as required by the “Barrier Free Regulations”, and all related facilities for the
movement and storage of goods, vehicles and persons on the site, and including lights, lighting
standards, signs and drive ways within the tract. Sidewalks shall be shown from each entrance/exit
along expected paths of pedestrian driveways, other buildings on the site and across common yard
areas between buildings. Plans shall be accompanied by cross sections of new streets, aisles, lanes,
driveways and sidewalks. Any expansion plans for the proposed use shall show feasible parking
and loading expansion plans to accompany building expansion.
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309.5-3
Natural Resources Plan.
(a)
This plan shall show existing and proposed wooded areas, buffer areas (including the
intended screening devices and buffers), grading at two-foot contour intervals inside the tract
and within fifty (50) feet of its boundaries, seeded and/or sodded areas, ground cover, retaining
walls, fencing, signs, recreation areas, shrubbery, trees and other landscaping features. This
plan shall also show the location and type of man-made improvements and the location,
species and caliber, and height of plant material and trees to be located on the tract. The plan
shall show how the interior of paved areas, such as parking lots, shall be landscaped, and all
portions of the property not utilized by building or paved surfaces shall be landscaped,
utilizing combinations such as landscaping fencing, shrubbery, lawn area, ground cover, rock
formations, contours, existing foliage and the planting of coniferous and/or deciduous trees
native to the area, in order to maintain or reestablish the tone of the vegetation in the area and
lessen the visual impact of the structures and paved areas. The established grades and
landscaping on any site shall be planned for aesthetic, drainage and erosion control purposes.
The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion
and siltation as well as to assure that the capacity of any downstream natural or manmade
drainage system is sufficient to handle the water from the site and contributing upstream areas.
(b)
A separate written environmental impact statement shall be submitted, which shall
comply with the requirements of the Environmental Impact Statement Article 5. Maps and
data shall be submitted where required by Articles 5 and 6 of this Ordinance, or any provision
of the zoning ordinance.
309.5-4 Facilities plan
The plan shall show the existing and proposed locations of all
drainage, open space, common property; fire, gas, electric, telephone, sewerage and water line
locations; and solid waste collection and disposal methods, including proposed grades, sizes,
capacities and materials to be used for facilities installed by the applicant. All easements acquired
or required on the tract and across adjacent properties shall be shown, and copies of legal
documentation that support the granting of an easement by an adjoining property owner shall be
included. The method of sanitary waste disposal shall be shown. All proposed lighting shall be
shown, including the direction angle, height and reflection of each source of light. All utilities
shall be installed underground.
309.5-5 Tree Removal
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A)
The square footage of all land to be non-wooded following development (to be used in
Section 702.12C(d). The non-wooded area shall be computed by using the total lot area
and
reducing it by the following:
a)
Pre-developed wooded area (to remain undeveloped).
b)
1600 square feet for each isolated tree to remain.
c)
2500 square feet for the building
B)
Locations of all trees or wooded areas.
C)
Approximate number of trees per acre.
D)
Species substantially involved.
E)
Location and listing of trees to be removed.
F)
Applicability. This Ordinance shall be applicable to all existing property in the Township
of
Green Brook, whether developed or undeveloped, where either the owner or someone at
the
owner’s direction or with the owner’s consent shall remove one or more specimen trees as
hereinafter defined from the said premises. This Ordinance shall not apply to the removal
of
specimen trees pursuant to any application before the Green Brook Planning Board or the
Green Brook Board of Adjustment pending o the effective date hereof provided the
application has been deemed complete within the meaning of N.J.S.A. 40:55D-10.3 and all
filing fees and escrows relative to the same have been paid. Also excluded from the
provisions of this subsection is any unimproved property for which development has been
approved by action of the Planning Board or Board of Adjustment which approval
postdates
the enactment of the Ordinance known and designated as “The Zoning Ordinance
of Green
Brook (1987)” and the removal of any specimen trees from the building envelope
as
designated in any pending or future development application.
309.6 Final Site Plan Flat.
The final plan shall include all data required on the preliminary site
plan plat drawn to incorporate all changes required as a condition of preliminary approval and drawn
by persons and to specifications as required to the preliminary site plan, the Approving Authority may
waive the filing of a final site plan and may treat the preliminary as the final. The final plat shall
reflect all changes on the site from that shown on the preliminary plat, including “as built” as to any
improvements to the site done before final approval.
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310.
PLANNING BOARD IN “USE VARIANCE” PROCEDURE.
Whenever an application or appeal is made for a variance to allow a structure or use in a district restricted
against such structure or use, one copy of the application and supporting documents shall be forwarded by
the Administrative Officer to the Planning Board, together with a notice of the hearing date. The Planning
Board shall review the material and may make recommendations to the Board of Adjustment at the public
hearing on the application. The Planning Boards recommendations may contain, among other things, the
Planning Board’s opinion as to the compatibility of the proposal to the master plan; applications which
may have been or are currently being processed by the Planning Board for similar uses elsewhere in the
Township; land use, traffic and other data relevant to the application which the Planning Board has in its
files; and what conditions, if any, the Planning Board would recommend be imposed on the applicant to
improve compatibility with the master plan and zoning ordinance should the Board of Adjustment grant
the variance, In view of the fact that such application for a use variance to the Board of Adjustment may
vest jurisdiction in the Board of Adjustment to review site plan and/or subdivision in connection with the
subject property, the Planning Board may also communicate to the Board of Adjustment the
recommendations of the Planning Board relative to-site plan and/or subdivision.
311.
APPLICATION TO PLANNING BOARD FOR CERTIFICATE OF OCCUPANCY.
Upon application to the administrative officer, Planning Board approval for a Certificate of
Occupancy may be waived for any change in tenant or occupant where the change does not require
relief from any provisions of this Ordinance, where the property had previously received Site Plan
approval from the Planning Board or Zoning Board of Adjustment, and where the Technical Review
Committee (TRC) has determined that no adverse impacts will occur from such proposed
development and the amount and size of parking existing is sufficient for the proposed use.
311.1
Offices (including Professional Offices):
1.
Plan of entire building with location of office or suite clearly delineated, if two-story
building. the plan should be of the floor the applicant’s office or suite will occupy and clearly
marked “first floor, second floor, basement”, etc., and the name of the office complex shown on
the plan.
2.
Floor plan of the space to be occupied with the following:
a.
The overall dimensions of the perimeter of the area and the gross square footage of the
area to be occupied.
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b.
All existing partitions to be removed should be shown dotted and all new partitions
shown with heavy solid lines. All new partitions and rooms created should be dimensioned.
c.
The use of existing rooms and new rooms should be indicated on the
plan, including lavatories, closets, storage, etc.
d.
All depths of built-in counters and cabinetry from wall anchorage should be shown on
the plan, as well as all distances between counters and cabinets and chairs, tables, etc., located
in these areas. All dimensions showing distances from desks, tables or other equipment or
furnishings to walls and the size of the desk or table must be shown on the plan.
e.
Exits should be shown with the symbol (E).
f.
The floor plan should have a title (name of the business or professional) and the
signature of the NJ. licensed professional who prepared the plan, license number and
embossed seal, address and telephone number of said licensed professional, and the date the
plan was prepared.
g.
If plans or applications are incomplete or are not submitted ten business days before
the Planning Board meeting date desired by the applicant, it may result in the application being
postponed until all the aforementioned information is shown on the plans.
3.
This Certificate of Occupancy when granted by the Planning Board is for use only. It is the
applicant’s responsibility to obtain all necessary construction and fire permits from the Township
Construction Department after obtaining Planning Board approval and to obtain a Certificate of
Occupancy from the Construction Department prior to occupying the area.
311.2
Retail Stores and Warehousing (Storage):
1.
Plan of entire building with location of store clearly delineated. If two-story building, the
plan should be of the floor the applicant’s office or suite will occupy and clearly marked “first
floor, second floor, basement”, etc., and the name of the store or shopping center shown on the
plan.
2.
Floor plan of the space to be occupied with the following:
a.
the overall dimensions of the perimeter of the area and the gross square footage of the
area to be occupied.
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b.
All existing partitions to be removed should be shown dotted and all new partitions
shown with heavy solid lines. All new partitions and rooms created should be dimensioned.
New rooms should be indicated on the plan, including lavatories, closets, storage, etc.
c.
The use of existing rooms and new rooms should be indicated on the plan, including
lavatories., closets, storage, etc,
d.
All aisle widths should be dimensioned, as well as distances between displays and
fixtures, whether displays are on floor, racks, gondolas etc. Dimensions around checkout
counters and dimensions of check-out counters shall be shown. All dimensions of display
areas or fixtures (length and width) if all same size only one need be dimensioned denoted as
typical. In offices areas distance from desk to walls and size of desk to be dimensioned on
plan.
e.
For warehousing or storage, the type of material to be stored should be noted on the
plan and aisle widths and dimensions, whether materials are stored on floor or racks. The
length and width of floor area being designated for storage and/or length and width of racks
should be shown on the plan.
f.
Exits should be shown with the symbol (E).
g.
The floor plan should have a title (name of store and store number) and the signature of
the N.J, licensed professional who prepared the plan, license number and embossed seal,
address and telephone number of said licensed professional, and the date the plan was
prepared.
h.
If plans or applications are incomplete or are not submitted ten business days before
the Planning Board meeting date desired by the applicant, it may result in the application being
postponed until all the aforementioned information is shown on the plans.
3.
This Certificate of Occupancy when granted by the Planning Board is for use only. It is the
applicant’s responsibility to obtain all necessary construction and fire permits from the Township
Construction Department after obtaining Planning Board approval and to obtain a Certificate of
Occupancy from the Construction Department prior to occupying the area.
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ARTICLE 4
SOIL EROSION AND SEDIMENTATION CONTROL
401
PURPOSES.
The purpose of this ordinance is to control soil erosion and sediment damages and related environmental
damage by requiring adequate provisions for surface water retention and drainage and for the protection
of exposed soil surfaces in order to promote the safety, public health, convenience and general welfare of
the community.
402.
DEFINITIONS.
A.
For the purpose of this Ordinance certain rules or word usage apply to the text as follows:
1.
Words used in the present tense include the future tense; and the singular includes the
plural, unless the context clearly indicates the contrary.
2.
The term “shall” is always mandatory and not discretionary; the word “may” is permissive.
3.
The word or term not interpreted or defined by this article shall be used with a meaning of
common or standard utilization.
B.
The following definitions shall apply in the interpretation and enforcement of this ordinance,
unless otherwise specifically stated:
1.
“Applicant”. A person, partnership, corporation or public agency requesting permission to
engage in land disturbance activity.
2.
“Application for development” means a proposed subdivision of land, site plan,
conditional use, zoning variance, planned unit development or building permit.
3.
“Approved Plan” means a plan for soil erosion and sediment control that meets the
standards promulgated by the State Soil Conservation Committee pursuant to Chapter 251, P,L,
1975 and has been found to be such by the local Approving Authority. When such plan is
reviewed by the Somerset-Union Soil Conservation District, “approved plan” shall be a plan
which receives the approval of the District or is deemed approved by the District by reason of the
expiration of the time allotted by Section 7 of said Act without action by the District.
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4.
“Committee” means the State Soil Conservation Committee in the Department of
Agriculture, established pursuant to R.S. 4:24-3.
5.
“Critical Area”. A sediment producing highly erodible soil or severely eroded area.
6.
“District” means the Somerset-Union Soil Conservation District organized pursuant to
R.S. 4:24-7 et seq.
7.
“Disturbance” means any activity involving the clearing, excavating, storing, grading
filling or transportation of soil or any other activity which causes soil to be exposed to the danger
of erosion.
8.
“Erosion” means the detachment and movement of soil or rock fragments by water, wind,
ice and gravity.
9.
“Excavation or Cut” means any act by which soil or rock is cut into, dug, quarried,
uncovered, removed, displaced or relocated.
10.
“Farm Conservation Plan” means a plan which provides for use of land, within its
capabilities and treatment, within practical limits, according to chosen use to prevent further
deterioration of soil and water resources.
11.
“Land” means any ground, soil or earth including marshes, swamps, drainage ways and
areas not permanently covered by water within the municipality.
12.
“Plan” means a scheme which indicates land treatment measures including a schedule of
the timing for their installation, to minimize soil erosion and sedimentation.
13.
“Project” means the disturbance of more than 5,000 square feet of the surface area of land
for the accommodation of construction for which the Standard Building Code of the State of New
Jersey would require a building permit, except that the construction of a single-family dwelling
unit shall not be deemed “project” under this act unless such unit is part of a proposed subdivision,
site plan, conditional use, zoning variance, planned development or building permit application
involving two or more such single-family dwelling units.
14.
“Sediment” means solid material, mineral or organic. that is in suspension, is being
transported, or has been moved from its site of origin by air, water or gravity as a product of
erosion.
15.
“Site” means any plot, parcel, or parcels of land.
61
16
“Soil” means all unconsolidated mineral and organic material of any origin.
17.
“Standards” means the Standards for Soil Erosion and Sediment Control in New Jersey as
promulgated by the State Soil Conservation Committee.
18.
“Stripping” means any activity which significantly disturbs vegetated or otherwise
stabilized soil surface including clearing and grubbing operations.
403.
PROCEDURE.
A.
REGULATION
No land area shall be disturbed by any person, partnership, corporation, municipal corporation or
other public agency within this municipality unless; the applicant has submitted to the building
inspector a plan to provide for soil erosion and sediment control for such land area in accordance with
the Standards, and such plan has been approved; and a valid land disturbance permit has been issued,
except as exempted by Section 406.
By way of amplification and not by way of limitation, certification and approval of a soil erosion and
sediment control plan is required for the following application categories;
subdivision, site plan, conditional use, zoning variance, planned development, and construction
permit.
B.
DATA REQUIRED
The applicant must submit a separate soil erosion and sediment control plan for each noncontiguous
site. The applicant may consult with the District in the selection of appropriate erosion and sediment
control measures and the development of the plan. Such plans shall contain:
1.
Location and description of existing natural and man-made features on and surrounding the
site including general topography and soil characteristics and a copy of the District soil survey
(where available).
2.
Location and description of proposed changes to the site.
3.
Measures for soil erosion and sediment control which must meet or exceed the Standards,
as herein defined.
4.
A schedule of the Sequence of installation of planned erosion and sediment control
measures as related to the progress of the project including anticipated starting and completion
dates.
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5.
All proposed revisions of data required shall be submitted for approval.
6.
Where the scope of the proposal is such that the Township Engineer or Planning Board
finds that formal submission to the Somerset-Union Soil Conservation District shall be required,
the applicant shall supply the information as shall be required by said District, which may include
the following:
(a)
Resource data:
a.
Soil map with area outlined.
b.
Existing vegetation.
c.
Floodplain delineation maps, if available.
d.
On-site soil or geological investigation information available.
e.
Special natural features to be considered.
f. Other resource or inventory data as required.
(b)
Plans and drawings:
a.
Contour map of original ground, two feet interval preferred.
b.
Proposed layout with exact location referenced.
(1)
Cultural features existing and proposed roads, buildings, drainage systems,
sanitary systems, structural conservation practices, etc.
(2)
Individual lot profiles if original ground exceeds 8% or an erosion grade,
Profiles to show proposed cuts and/or fills.
(3)
Profiles or surface and/or subsurface drainage systems.
(4)
Cross-sections of the following items:
a.
Structural conservation or erosion control practices such as but not limited
to: diversions (including berm and channel), waterways (swales) ponds and/or
debris basins, etc.
b.
Stream channel or drainage way improvements.
c.
Cuts and fill exceeding three feet in depth except for foundation
excavations.
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(5)
Delineation of proposed disturbed and nondisturbed areas.
(6)
Offsite conditions adjacent to or below proposed site, where streams, lakes or
ponds are located within 200 feet of proposed subdivision or site.
404.
REVIEW AND APPROVAL
1.
Erosion and sediment control plans submitted with sub division and site plan applications shall
be reviewed by the Planning Board and approved as part of the application when in conformance with
the Standards. The Board may seek the assistance of the District in the review of such plans and may
deem as approved those plans which have been reviewed and determined adequate by the District. The
Board may also refer to the Township Engineer for his review and approval. Such review and
approval shall be made within a period of 30 days of submission of a complete application unless, by
mutual agreement in writing between the municipality and the applicant, this period is extended for an
additional 30 days. Failure of the municipality to make a decision within such period or such
extension thereof shall constitute certification.
2.
All other types of soil disturbance not exempted in Section 406 shah come under the review of
the designated municipal officer in accordance with their memorandum of understanding with the
District.
3.
The Planning Board shall generally make decisions under this ordinance as a part of site plan
review or subdivision approval. For other approvals, decisions will be made at a public meeting.
Notification of the decision will be made to the applicant in writing and officially published within ten
(10) days.
The applicant shall be provided with written note of such decision by the Township Engineer (or other
authorized municipal agent). A copy of such decision including name of applicant, site location by
street address and block and lot number and proposed land use shall be sent to the Somerset-Union
Soil Conservation District. The municipality shall also make available such other information as may
be required by the District.
405.
PRINCIPLES AND REQUIREMENTS.
A.
GENERAL DESIGN PRINCIPLES.
Control measures shall apply to all aspects of the proposed land disturbance and shall be in operation
during all stages of the disturbance activity. The following principles shall apply to the soil erosion
and sediment control plan.
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1.
Stripping of vegetation, grading or other soil disturbance shall be done in a manner which
will minimize soil erosion.
2.
Whenever feasible, natural vegetation shall be retained and protected.
3.
The extent of the disturbed area and the duration of its exposure shall be kept within
practical limits.
4.
Either temporary seeding, mulching or other suitable stabilization measure shall be used to
protect exposed critical areas during construction or other land disturbance.
5.
Drainage provisions shall accommodate increased runoff, resulting from modified soil and
surface conditions, during and after development or disturbance. Such provisions shall be in
addition to all existing requirements.
6.
Water runoff shall be minimized and retained on site whenever possible to facilitate
ground water recharge.
7.
Sediment shall be retained on site to the maximum extent feasible.
8.
Diversions, sediment basins and similar required structures shall be installed prior to any
on-site grading or disturbance.
B.
MAINTENANCE.
All necessary erosion and sediment control measures installed under this Section shall be adequately
maintained for one year after completion of the approved plan or until such measures are permanently
stabilized as determined by the Township Engineer. The Township Engineer shall give the applicant
upon request, a certificate indicating the date on which the measures called for in the approved plans
were completed. See maintenance guarantee provisions in Article 10 of this Ordinance.
C.
FEES.
The applicant shall pay the Township Clerk a fee of $50.00 at the time the application is submitted to
cover the cost of providing reviews and inspections required by this ordinance, except that where the
application is part of the processing of a subdivision or site plan review, no fee shall be required.
D.
PENALTIES.
65
If any person violates any of the provisions of this Article, or the Act under which it is adopted, or any
standard promulgated pursuant to the provisions of said Act, or fails to comply with the provisions of
a certified plan, the municipality or District may institute a civil action in the Superior Court for
injunctive relief to prohibit and prevent such violation or violations and said court may proceed in a
summary manner.
Any person who violates any of the provisions of this ordinance, or the Act under which it is adopted,
or any standard promulgated pursuant to said Act, or who fails to comply with the provisions of a
certified plan, shall be liable to a penalty of not less than $25.00 nor more than $3,000.00 to be
collected in a summary proceeding pursuant to the Penalty Enforcement Law (N.J.S. 2A:58-1 et seq.).
The Superior Court, County Court, County District and Municipal Court shall have jurisdiction to
enforce said Penalty Enforcement Law. If the violation is of a continuing nature, each day during
which it continues shall constitute an additional separate and distinct offense.
E.
COMPLIANCE CONDITION PRECEDENT TO CERTIFICATE OF OCCUPANCY.
No certificate of occupancy for a project shall be issued unless there has been compliance with the
provisions of a certified plan for permanent measures to control soil erosion and sedimentation. A
formal report of such compliance must be filed with the municipal agent authorized to issue
certificates of occupancy. A copy of this report shall be sent to the Somerset-Union Soil Conservation
District.
F.
STOP-CONSTRUCTION ORDER.
The District or the municipality may issue a stop construction order if a project is not being executed
in accordance with a certified plan.
406.
EXEMPTIONS
The following activities are specifically exempt from this Article:
1.
Land disturbance associated with single family dwellings on an existing lot, where no
construction requiring a building permit is required.
2.
Use of land for gardening primarily for home consumption.
3.
The disturbance of not more than 5,000 square feet of surface area of land for the
accommodation of construction for which the Standard Building Code of the State of New Jersey
would require a building permit, except that the construction of a single-family dwelling unit shall be
“exempt” unless such unit is part of a proposed subdivision, site plan, conditional use, zoning
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variance, planned development, or building permit application involving two or more such single-
family dwelling units. (See definition of “project”).
4.
Agricultural use of lands when operated in accordance with a farm conservation plan approved
by the Local soil conservation district or when it is determined by the local soil conservation district
that such use will not cause excessive erosion and sedimentation.
407.
INSPECTION AND ENFORCEMENT.
A.
The requirements of this Ordinance shall be enforced by the municipal engineer who shall
inspect or require adequate inspection of the work. If the municipal engineer finds existing conditions
not as stated in the applicant’s erosion and sediment control plan he may refuse to approve further
work and may require necessary erosion and sediment control measures to be promptly installed and
may seek other penalties as provided in Section 405 of this Article.
The applicant shall have the certified plan on site during all phases of construction.
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ARTICLE 5
ENVIRONMENTAL IMPACT STATEMENT
501.
INTENT AND PURPOSE.
It is the intent and purpose of this Ordinance to provide proper guidelines and requirements for the
Environmental Impact Statement to be filed with certain applications for land disturbance and
development in the Township of Green Brook, to preserve and enhance the quality of the natural
environment, to promote the general health, safety and welfare, to recognize the existence in the
Township of Green Brook of certain critical areas, and to provide a coordinated approach to development
and changes and thereby improve the Township of Green Brook and prevent adverse environmental
impact.
502.
DEFINITIONS.
(a)
Environment: The conditions and influences, both natural and man-made that affect the
general health, safety, and welfare of the Township of Green Brook.
(b)
Environmental Impact Statement: The Environmental Impact Statement, is a separate written
description and analysis of all possible direct and indirect effects development will have on the site
itself as well as adjacent and non-contiguous areas with particular reference to the effect of the project
on the public safety, health and welfare, the protection of public and private property and the
protection preservation and enhancement of the natural environment.
(c)
Site: Any plot, parcel or tract of land.
(d)
Critical Area:
(1)
Any land within a flood hazard area (floodway or flood fringe area) as delineated by the
Department of Environmental Protection, State of New Jersey, or
(2)
Any land which contains slopes exceeding twelve (12) per cent grade, or
(3)
Any land where the water table or surface waters cause particular problems of
development, or where development is likely to cause damage to the ground water system.
503.
APPLICABILITY.
No site shall be disturbed by any person, partnership, corporation, public agency, or entity within the
municipality unless Environmental Impact Statement has been reviewed and the proposed development
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has been approved by the Township Planning Board in accordance with the specifications and procedures
required by this ordinance. Exemptions from this ordinance are only as listed below:
(a)
Applications for a building permit in a residential district for a single family residence, where
the building inspector has determined that no part of the property in question falls in a critical area as
defined herein, provided that this exemption shall not apply wherever three or more dwelling units are
proposed to be constructed under common ownership or control on contiguous lots or on lots within a
major subdivision.
(b)
Applications for a single use, business or industrial, where the property is one acre
or less and where no part of the property is in a critical area as defined herein.
(c)
Sign permits as required under the Zoning Ordinance.
504.
DATA REQUIRED.
The Environmental Impact Statement shall contain information and analysis with respect to the following:
(a)
The location of the project and a description of the project specifying what is to be carried out:
1.
Reason for the project,
2.
The detailed plans for proposals and any alternatives mapped and/or described,
3.
Parks, recreational sites, wildlife, refuges and historic sites mapped and described,
4.
Existing land use, zoning and master plan delineation of project mapped and described.
(b)
An inventory of existing environmental conditions at the project site and in the surrounding
region (i.e. any area that might be affected by the proposal) which shall describe contours (at intervals
not exceeding five feet) air quality, water quality, water supply, hydrology, geology, soils,
topography, vegetation, wildlife, aquatic organisms, ecology, demography, land use, aesthetics and
history.
(c)
A listing of all licenses, permits or other approvals as required by Municipal, County or State
Law and the status of each.
(d)
An assessment of the probable impact of the project, both adverse and beneficial, on the topics
described in (b).
(e)
Any probable adverse environmental effects which cannot be avoided, including:
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1.
Water quality,
2.
Air quality,
3.
Noise,
4.
Undesirable land use patterns,
5.
Damage and destruction of significant plant or wildlife systems or other resources,
6.
Aesthetic values,
7.
Displacement of people and business,
8.
Displacement of viable farms,
9.
Employment and property tax,
10.
Destruction of man-made resources,
11.
Disruption of desirable community and regional growth,
12.
Health, safety and well-being of the public,
13.
Traffic.
(f)
A thorough discussion of the steps to be taken, during and after construction, both at the
project site and in the surrounding area, to minimize the adverse environmental effects as described in
(e).
(g)
Alternatives to the proposed project, including:
1.
That of no project,
2.
Description of alternatives with an objective evaluation of the alternatives that might avoid
some or all of the adverse environmental effects with the rationale for acceptability or non-
acceptability of each alternative,
3.
An analysis of the costs and social impact of the alternatives.
(h)
Implications of the proposed action for population distribution or concentration should be
estimated and an assessment made of the effect of any possible change in population patterns upon the
resource base, including land use, water and public service of the area impacted.
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(i)
The relationship between local short term uses of the environmental and the maintenance and
enhancement of long term productivity, assessing the project for each generation as a trustee of the
environment for future generations.
(j)
A reference list of pertinent published information relating to the project, project site and
surrounding area.
(k)
Particular data is required as to:
(1)
Sewerage disposal facilities. Applicant must show:
a.
Estimate sewage to be generated in gallons per day together with the provision for
connection to the public sewer system.
b.
Compliance with State Department of Environmental Protection regulations, where
applicable.
c.
Compliance with the rules and regulations of the treatment authority into which
sewerage will flow (e.g. Middlesex County Sewerage Authority, Somerset-Raritan valley
Sewerage Authority).
(2)
Water Supply. Applicant must show:
a.
Compliance with State and local regulations.
b.
Location and depth of all private and public water supplies within five hundred (500)
feet of the realty improvement.
c.
Location, depth, and adequacy of offsite and on-site private and public water supplies
to serve the proposed realty improvement.
d.
For realty improvements with more than fifty (50) dwelling units it will be necessary to
obtain a determination by the Division of Water Resources that the proposed water supply and
sewerage facilities are adequate.
(3)
Drainage: storm water control. Applicant must show:
a.
Estimated existing surface water runoff and volume.
b.
Compliance with State regulations,.
c.
Compliance with local ordinances relating to drainage and surface water control.
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d.
Submission of an erosion and sediment control plan reviewed by the Somerset-union
Soil Conservation District (see Article 4 of this ordinance)
(4)
Solid Waste Disposal. Applicant must submit a statement of the character and estimated
tons per week of solid waste to be generated together with a plan for the disposal of solid wastes in
compliance with State Sanitary code.
(5)
Air Pollution. Applicant must show that the proposal will have no deleterious effects to the
ambient air quality or that no visible smoke or deleterious chemical changes will be produced in
the atmosphere by any heating, air conditioning, or incinerating devices or by processing of
material.
(6)
Critical Impact Area. These areas include, but are not limited to: stream corridors, streams,
wetlands, estuaries slopes greater than 12%, high acid and highly erodible soils, area of high water
table and acquirer recharge and discharge areas. Applicant must show:
a.
A statement of impact on critical impact areas and of adverse affects which cannot be
avoided.
b.
Environmental protective measures, procedures and schedules to minimize danger to
critical impact areas.
505.
REVIEWS AND INSPECTIONS:
Six copies of the Environmental Impact Statements shall be submitted at the time of submission of the
Preliminary Plat, when a major subdivision shall be involved, or upon submission of the site plan for site
plan review, where no subdivision shall be involved. Copies of the same shall be furnished by the Clerk
of the Planning Board to the following:
(a)
To the Township Engineer.
(b)
To the Township Environmental Commission.
(c)
To the Planning Consultant, if deemed advisable by the Planning Board.
A copy of such Statement shall also be submitted to the Somerset County Planning Board in any case
where the county Planning Board shall have subdivision or site plan review jurisdiction.
The Township Engineer and Township Environmental Commission, (and Township Planner, where
applicable) shall inspect the property, and review the statement. Each shall have the authority to seek from
the applicant additional data where required to make a proper review and recommendation. The respective
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reports shall be made to the Planning Board within a reasonable time, recognizing that each should have
at least 30 days for such review. Such reports shall be made part of the record at any public hearing
required in connection with Planning Board action.
The cost of inspection by the Township Engineer and Township Planner (where applicable) shall be
deemed part of the cost of, development and shall be borne by the applicant and paid to the Township of
Green Brook in accordance with fees established therefore by the governing body on file in the offices of
the Township Clerk. In any case where it appears that the services of another type of expert consultant
shall be required, the applicant shall be required to bear the cost of such expert; in any such ease the
applicant shall be notified in advance and shall deposit with the Township Clerk the estimated costs for
such consultant and such deposit shall be used for the payment by the Township of such consultant.
506.
CONDITIONS OF APPROVAL.
In addition to the requirements of other applicable ordinances and conditions which may be imposed there
under, the Planning Board, in making determinations relative to environmental impact, may condition
approval upon compliance with recommendations contained in the reports of the Township Engineer,
Environmental Commission, County Planning Board, and Somerset-Union Soil Conservation District, and
may impose conditions and safeguards reasonably designed to promote the purpose of this ordinance.
Time limits for completion of work shall be included in any resolution of approval. Approval by the
Planning Board shall be endorsed upon the preliminary plat or site plan, and it shall be signed by the
chairman and attested by the secretary and clerk of the Planning Board.
507.
DENIAL OF ENVIRONMENTAL APPROVAL:
(a)
No subdivision or site plan review requiring an approved environmental impact statement and
schedule shall be approved unless the environmental impact statement shall be first or simultaneously
approved.
(b)
The Planning Board may approve or deny approval of the environmental impact statement
after a public hearing afforded to the applicant. (Where the application also involves a major
subdivision, the public hearing on the environmental impact may be held concurrent with the public
hearing on the subdivision.) In such cases, the applicant shall give notice as required by law.
508.
EXEMPTIONS.
The Planning Board shall have the power to exempt an application, otherwise subject to this ordinance,
from the requirements of a full environmental impact statement, provided that following factors are taken
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into consideration and the Planning Board determines that a full impact statement is not required because
of the nature of the specific application:
a.
Stability of the soil during and after the proposed alteration
b.
Drainage patterns and effect on surface water runoff
c.
Effects on springs
d.
Potential effect on animals and significant plant species
e.
Potential air and water pollution, especially and increase in siltation.
f.
Effect of any construction plans or other - environmental changes on critical slope areas or
sewage disposal systems
g.
Problems related to rock removal
h.
Amount of resulting non-agricultural displacement of soil
i.
Potential noise pollution increase in amount of industrial waste
k.
Increased problems of industrial or non-industrial waste disposal (subject to review of such
problems by the Board of Health)
l.
Circumstances or conditions that are peculiar to site or to the application under consideration,
that
are not generally applicable to sites or applications in the same general locality, and that would
result in imposition of an undue burden on the applicant if an environmental impact statement
were required.
509.
BOARD OF ADJUSTMENT AS APPROVING AUTHORITY.
Whenever the term “Planning Board” is used in this Article, the same shall be taken to include the term
“Board of Adjustment” whenever the Board of Adjustment is acting as the Approving Authority under
The Land Development Ordinance.
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ARTICLE 6
STORM WATER CONTROL
Section 601. Scope and Purpose.
A.
Policy Statement
The goals of the Township of Green Brook include flood control, groundwater recharge,
and pollutant reduction achieved through the use of stormwater management measures,
including green infrastructure Best Management Practices (GI BMPs) and nonstructural
stormwater management strategies. GI BMPs and low impact development (LID) as defined
in the NJ Stormwater Management Best Practices Manual may be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion,
encourage infiltration and groundwater recharge, and reduce pollution.
B.
Purpose
The purpose of this ordinance is to establish minimum stormwater management
requirements and controls for “major development,” as defined below in Section 602;
minimum requirements for rate control for “minor developments” as defined in Section
602; and maintenance requirements for non-township owned stormwater facilities in
accordance with Section 611.
C.
Applicability
1. This ordinance shall be applicable to the following major developments:
a.
Non-residential major developments; and
b.
Aspects of residential major developments that are not pre-empted by the
Residential Site Improvement Standards at N.J.A.C. 5:21.
2. The quantity reduction provisions of this ordinance shall be applicable to any person,
partnership, corporation, or public agency that is not defined as a “major development” and
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which shall by any means whatsoever increase the quantity or velocity of stormwater runoff
emanating from the developed land area, hereinafter referred to as “minor development”.
Excluding the development of any area from the effective date hereof by the construction or
installation of any impervious surface less than 2,000 s.f.
3. This ordinance shall also be applicable to all major developments undertaken by Green
Brook Township.
4. An application required by ordinance pursuant to (b)1 (C)1 above that has been
submitted prior to the date of adoption of this Ordinance shall be subject to the stormwater
management requirements in effect on the first day prior to the adoption date of this
Ordinance.
5. An application required by ordinance for approval pursuant to (b)1 (C)1 above that has
been submitted on or after March 2, 2021, but prior to the adoption date of this Ordinance
shall be subject to the stormwater management requirements in effect on the first day prior
to the adoption date of this Ordinance.
6. Notwithstanding any rule to the contrary, a major development for any public roadway
or railroad project conducted by a public transportation entity that has determined a
preferred alternative or reached an equivalent milestone before July 17, 2023, shall be
subject to the stormwater management requirements in effect prior to July 17, 2023.
D.
Compatibility with Other Permit and Ordinance Requirements
1. Development approvals issued pursuant to this ordinance are to be considered an integral
part of development approvals and do not relieve the applicant of the responsibility to
secure required permits or approvals for activities regulated by any other applicable code,
rule, act, or ordinance. In their interpretation and application, the provisions of this
ordinance shall be held to be the minimum requirements for the promotion of the public
health, safety, and general welfare.
2. This ordinance 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 ordinance 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.
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Section 602. Definitions.
For the purpose of this ordinance, the following terms, phrases, words and their derivations shall
have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates
a different meaning. When not inconsistent with the context, words used in the present tense
include the future, words used in the plural number include the singular number, and words used
in the singular number include the plural number. The word "shall" is always mandatory and not
merely directory. The definitions below are the same as or based on the corresponding
definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
“CAFRA Centers, Cores or Nodes” means those areas with boundaries incorporated by
reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
“CAFRA Planning Map” means the map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes. The CAFRA
Planning Map is available on the Department's Geographic Information System (GIS).
“Community basin” means an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c), that
is designed and constructed in accordance with the New Jersey Stormwater Best
Management Practices Manual, or an alternate design, approved in accordance with
N.J.A.C. 7:8-5.2, for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements of this chapter.
“Compaction” means the increase in soil bulk density.
“Contributory drainage area” means the area from which stormwater runoff drains to a
stormwater management measure, not including the area of the stormwater management
measure itself.
“Core” means a pedestrian-oriented area of commercial and civic uses serving the surrounding
municipality, generally including housing and access to public transportation.
“County review agency” means an agency designated by the Board of County Commissioners to
review municipal stormwater management plans and implementing ordinance(s). The
county review agency may either be:
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1. A county planning agency or
2. A county water resource association created under N.J.S.A 58:16A-55.5, if the
ordinance or resolution delegates authority to approve, conditionally approve,
or disapprove municipal stormwater management plans and implementing
ordinances.
“Department” means the Department of Environmental Protection.
“Designated Center” means a State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village, or hamlet.
“Design engineer” means a person professionally qualified and duly licensed in New Jersey to
perform engineering services that may include, but not necessarily be limited to,
development of project requirements, creation and development of project design and
preparation of drawings and specifications.
“Development” means the division of a parcel of land into two or more parcels, the construction,
reconstruction, conversion, structural alteration, relocation or enlarge- enlargement of any
building or structure, any mining excavation or landfill, and any use or change in the use of
any building or other structure, or land or extension of use of land, for which permission is
required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
In the case of development of agricultural land, development means: any activity that
requires a State permit, any activity reviewed by the County Agricultural Board (CAB) and
the State Agricultural Development Committee (SADC), and municipal review of any
activity not exempted by the Right to Farm Act , N.J.S.A 4:1C-1 et seq.
“Disturbance” means the placement or reconstruction of impervious surface or motor vehicle
surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing
of vegetation. Milling and repaving is not considered disturbance for the purposes of this
definition.
“Drainage area” means a geographic area within which stormwater, sediments, or dissolved
materials drain to a particular receiving waterbody or to a particular point along a receiving
waterbody.
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“Environmentally constrained area” means the following areas where the physical alteration of
the land is in some way restricted, either through regulation, easement, deed restriction or
ownership such as: wetlands, floodplains, threatened and endangered species sites or
designated habitats, and parks and preserves. Habitats of endangered or threatened species
are identified using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
“Environmentally critical area” means an area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage priority sites, habitats
of endangered or threatened species, large areas of contiguous open space or upland forest,
steep slopes, and well head protection and groundwater recharge areas. Habitats of
endangered or threatened species are identified using the Department’s Landscape Project
as approved by the Department’s Endangered and Nongame Species Program.
“Empowerment Neighborhoods” means neighborhoods designated by the Urban Coordinating
Council “in consultation and conjunction with” the New Jersey Redevelopment Authority
pursuant to N.J.S.A 55:19-69.
“Erosion” means the detachment and movement of soil or rock fragments by water, wind, ice, or
gravity.
“Green infrastructure” means a stormwater management measure that manages stormwater close
to its source by:
Treating stormwater runoff through infiltration into subsoil;
1. Treating stormwater runoff through filtration by vegetation or soil; or
2. Storing stormwater runoff for reuse.
"HUC 14" or "hydrologic unit code 14" means an area within which water drains to a particular
receiving surface water body, also known as a subwatershed, which is identified by a 14-
digit hydrologic unit boundary designation, delineated within New Jersey by the United
States Geological Survey.
“Impervious surface” means a surface that has been covered with a layer of material so that it is
highly resistant to infiltration by water.
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“Infiltration” is the process by which water seeps into the soil from precipitation.
“Lead planning agency” means one or more public entities having stormwater management
planning authority designated by the regional stormwater management planning committee
pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.
“Major development” means an individual “development,” as well as multiple developments
that individually or collectively result in:
1. The disturbance of one or more acres of land after February 2, 2004;
2. The creation of one-quarter acre or more of “regulated impervious surface”
after February 2, 2004;
3. The creation of one-quarter acre or more of “regulated motor vehicle surface”
after March 2, 2021; or
4. A combination of 2 and 3 above that totals an area of one-quarter acre or more.
The same surface shall not be counted twice when determining if the
combination area equals one-quarter acre or more.
Major development includes all developments that are part of a common plan of development or
sale (for example, phased residential development) that collectively or individually meet
any one or more of paragraphs 1, 2, 3, or 4 above. Projects undertaken by any government
agency that otherwise meet the definition of “major development” but which do not require
approval under the Municipal Land Use Law, N.J.S.A. 40:55D- 1 et seq., are also
considered “major development.”
“Minor development” - means any development, not meeting the requirements of a major
development, that involves the construction or installation of impervious surfaces equal to or
greater than 2,000 s.f. hereinafter the effective date of this ordinance.
“Motor vehicle” means land vehicles propelled other than by muscular power, such as
automobiles, motorcycles, autocycles, and low speed vehicles. For the purposes of this
definition, motor vehicle does not include farm equipment, snowmobiles, all-terrain
vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming
machines, or vehicles that run only on rails or tracks.
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“Motor vehicle surface” means any pervious or impervious surface that is intended to be used by
“motor vehicles” and/or aircraft, and is directly exposed to precipitation including, but not
limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.
“Municipality” means any city, borough, town, township, or village.
“New Jersey Stormwater Best Management Practices (BMP) Manual” or “BMP Manual” means
the manual maintained by the Department providing, in part, design specifications, removal
rates, calculation methods, and soil testing procedures approved by the Department as being
capable of contributing to the achievement of the stormwater management standards
specified in this chapter. The BMP Manual is periodically amended by the Department as
necessary to provide design specifications on additional best management practices and
new information on already included practices reflecting the best available current
information regarding the particular practice and the Department’s determination as to the
ability of that best management practice to contribute to compliance with the standards
contained in this chapter. Alternative stormwater management measures, removal rates, or
calculation methods may be utilized, subject to any limitations specified in this chapter,
provided the design engineer demonstrates to the municipality, in accordance with Section
604.F. of this ordinance and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design
will contribute to achievement of the design and performance standards established by this
chapter.
“Node” means an area designated by the State Planning Commission concentrating facilities and
activities which are not organized in a compact form.
“Nutrient” means a chemical element or compound, such as nitrogen or phosphorus, which is
essential to and promotes the development of organisms.
“Person” means any individual, corporation, company, partnership, firm, association, political
subdivision of this State and any state, interstate or Federal agency.
“Pollutant” means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage,
garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological
materials, medical wastes, radioactive substance (except those regulated under the Atomic
Energy Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)), thermal waste, wrecked or
discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and
construction waste or runoff, or other residue discharged directly or indirectly to the land,
ground waters or surface waters of the State, or to a domestic treatment works. “Pollutant”
includes both hazardous and nonhazardous pollutants.
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"Public roadway or railroad" means a pathway for use by motor vehicles or trains that is
intended for public use and is constructed by, or on behalf of, a public transportation entity.
A public roadway or railroad does not include a roadway or railroad constructed as part of a
private development, regardless of whether the roadway or railroad is ultimately to be
dedicated to and/or maintained by a governmental entity.
“Public transportation entity” means a Federal, State, county, or municipal government, an
independent State authority, or a statutorily authorized public-private partnership program
pursuant to P.L. 2018, c. 90 (N.J.S.A. 40A:11-52 et seq.), that performs a public roadway or
railroad project that includes new construction, expansion, reconstruction, or improvement
of a public roadway or railroad.
“Recharge” means the amount of water from precipitation that infiltrates into the ground and is
not evapotranspired.
“Regulated impervious surface” means any of the following, alone or in combination:
1. A net increase of impervious surface;
2. The total area of impervious surface collected by a new stormwater conveyance
system (for the purpose of this definition, a “new stormwater conveyance system” is a
stormwater conveyance system that is constructed where one did not exist
immediately prior to its construction or an existing system for which a new discharge
location is created);
3. The total area of impervious surface proposed to be newly collected by an existing
stormwater conveyance system; and/or
4. The total area of impervious surface collected by an existing stormwater conveyance
system where the capacity of that conveyance system is increased.
“Regulated motor vehicle surface” means any of the following, alone or in combination:
1. The total area of motor vehicle surface that is currently receiving water;
2. A net increase in motor vehicle surface; and/or
quality treatment either by vegetation or soil, by an existing stormwater management measure,
or by treatment at a wastewater treatment plant, where the water quality treatment will be
modified or removed.
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“Sediment” means solid material, mineral or organic, that is in suspension, is being transported,
or has been moved from its site of origin by air, water, or gravity as a product of erosion.
“Site” means any plot, parcel, or parcels of land.
“Soil” means all unconsolidated mineral and organic material of any origin.
“State Development and Redevelopment Plan Metropolitan Planning Area (PA1)” means an
area delineated on the State Plan Policy Map and adopted by the State Planning
Commission that is intended to be the focus for much of the State’s future redevelopment
and revitalization efforts.
“State Plan Policy Map” is defined as the geographic application of the State Development and
Redevelopment Plan’s goals and statewide policies, and the official map of these goals and
policies.
“Stormwater” means water resulting from precipitation (including rain and snow) that runs off
the land’s surface, is transmitted to the subsurface, or is captured by separate storm sewers
or other sewage or drainage facilities, or conveyed by snow removal equipment.
“Stormwater management BMP” means an excavation or embankment and related areas
designed to retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system), retain water in a permanent
pool (a retention basin), or be planted mainly with wetland vegetation (most constructed
stormwater wetlands).
“Stormwater management measure” means any practice, technology, process, program, or other
method intended to control or reduce stormwater runoff and associated pollutants, or to
induce or control the infiltration or groundwater recharge of stormwater or to eliminate
illicit or illegal non-stormwater discharges into stormwater conveyances.
“Stormwater runoff” means water flow on the surface of the ground or in storm sewers, resulting
from precipitation.
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“Stormwater management planning agency” means a public body authorized by legislation to
prepare stormwater management plans.
“Stormwater management planning area" means the geographic area for which a stormwater
management planning agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management plan prepared by that
agency.
“Tidal Flood Hazard Area” means a flood hazard area in which the flood elevation resulting
from the two-, 10-, or 100-year storm, as applicable, is governed by tidal flooding from the
Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced
by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal
rise
and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some
situations, depending upon the extent of the storm surge from a particular storm event, a
flood hazard area may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
“Urban Coordinating Council Empowerment Neighborhood” means a neighborhood given
priority access to State resources through the New Jersey Redevelopment Authority.
“Urban Enterprise Zones” means a zone designated by the New Jersey Enterprise Zone
Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et.
seq.
“Urban Redevelopment Area” is defined as previously developed portions of areas:
1. Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area
(PA1), Designated Centers, Cores or Nodes;
2. Designated as CAFRA Centers, Cores or Nodes;
3. Designated as Urban Enterprise Zones; and
4. Designated as Urban Coordinating Council Empowerment Neighborhoods.
“Water control structure” means a structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-,
10-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water.
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Examples of a water control structure may include a bridge, culvert, dam, embankment,
ford (if above grade), retaining wall, and weir.
“Waters of the State” means the ocean and its estuaries, all springs, streams, wetlands, and
bodies of surface or groundwater, whether natural or artificial, within the boundaries of the
State of New Jersey or subject to its jurisdiction.
“Wetlands” or “wetland” means an area that is inundated or saturated by surface water or ground
water at a frequency and duration sufficient to support, and that under normal circumstances
does support, a prevalence of vegetation typically adapted for life in saturated soil
conditions, commonly known as hydrophytic vegetation.
Section 603. Design and Performance Standards for Stormwater Management Measures.
A.
Stormwater management measures for major development shall be designed to provide
erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater
runoff quality treatment as follows:
1. The minimum standards for erosion control are those established under the Soil and
Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at
N.J.A.C. 2:90.
2. The minimum standards for groundwater recharge, stormwater quality, and
stormwater runoff quantity shall be met by incorporating green infrastructure.
B.
The standards in this ordinance for new major development 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.
Section 604. Stormwater Management Requirements for Major Development.
A.
The development shall incorporate a maintenance plan for the stormwater management
measures incorporated into the design of a major development in accordance with Section
611.
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B.
Stormwater management measures shall avoid adverse impacts of concentrated flow
on habitat for threatened and endangered species as documented in the Department’s
Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147
through 15.150 particularly Helonias bullata (swamp pink) and/or Clemmys muhlnebergi
(bog turtle).
C.
The following linear development projects are exempt from the groundwater recharge,
stormwater runoff quality, and stormwater runoff quantity requirements of Section 604.P, Q
and R:
1. The construction of an underground utility line provided that the disturbed areas are
revegetated upon completion;
2. The construction of an aboveground utility line provided that the existing conditions
are maintained to the maximum extent practicable; and
3. The construction of a public pedestrian access, such as a sidewalk or trail with a
maximum width of 14 feet, provided that the access is made of pervious material.
D.
A waiver from strict compliance from the green infrastructure, groundwater
recharge, stormwater runoff quality, and stormwater runoff quantity requirements of
Section 604.O, P, Q and R may be obtained for the enlargement of an existing public
roadway or railroad; or the construction or enlargement of a public pedestrian access,
provided that the following conditions are met:
1. The applicant demonstrates that there is a public need for the project that cannot be
accomplished by any other means;
2. The applicant demonstrates through an alternatives analysis, that through the use of
stormwater management measures, the option selected complies with the
requirements of Section 604.O, P, Q and R to the maximum extent practicable;
3. The applicant demonstrates that, in order to meet the requirements of Section 604.O,
P, Q and R, existing structures currently in use, such as homes and buildings,
would need to be condemned; and
4. The applicant demonstrates that it does not own or have other rights to areas,
including the potential to obtain through condemnation lands not falling under
604.D.3 above within the upstream drainage area of the receiving stream, that
would provide additional opportunities to mitigate the requirements of Section
604.O, P, Q and R that were not achievable onsite.
E. Tables 1 through 3 below summarize the ability of stormwater best management practices
identified and described in the New Jersey Stormwater Best Management Practices Manual to
satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater
runoff quantity standards specified in Section 604.O, P, Q and R. When designed in accordance
with the most current version of the New Jersey Stormwater Best Management Practices Manual,
the stormwater management measures found at N.J.A.C. 7:8-5.2 (f) Tables 5-1, 5-2 and 5-3 and
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listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for
the design and performance standards as outlined in the tables below. Upon amendments of the
New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs
meeting these standards, or changes in the presumed performance of BMPs designed in
accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the
New Jersey Registers a notice of administrative change revising the applicable table. The most
current version of the BMP Manual can be found on the Department’s website at:
https://dep.nj.gov/stormwater/bmp-manual/.
F. Where the BMP tables in the NJ Stormwater Management Rule are different, due to updates
or amendments, than the tables in this ordinance, the BMP Tables in the Stormwater
Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
Best Management
Practice
Stormwater Runoff
Quality
TSS Removal
Rate
(percent)
Stormwater
Runoff
Quantity
Groundwater
Recharge
Minimum
Separation from
Seasonal High
Water Table
(feet)
Cistern
0
Yes
No
--
Dry Well(a)
0
No
Yes
2
Grass Swale
50 or less
No
No
2(e)
1(f)
Green Roof
0
Yes
No
--
Manufactured
Treatment
Device(a) (g)
50 or 80
No
No
Dependent
upon the device
Pervious Paving
System(a)
80
Yes
Yes(b)
No(c)
2(b)
1(c)
Small-Scale
Bioretention
Basin(a)
80 or 90
Yes
Yes(b)
No(c)
2(b)
1(c)
Small-Scale
Infiltration
Basin(a)
80
Yes
Yes
2
Small-Scale Sand
Filter
80
Yes
Yes
2
Vegetative Filter
Strip
60-80
No
No
--
(Notes corresponding to annotations (a) through (g) are found on Page D-14)
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Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best
Management
Practice
Stormwater
Runoff Quality
TSS Removal
Rate
(percent)
Stormwater
Runoff
Quantity
Groundwater
Recharge
Minimum
Separation from
Seasonal High
Water Table
(feet)
Bioretention
System
80 or 90
Yes
Yes(b)
No(c)
2(b)
1(c)
Infiltration Basin
80
Yes
Yes
2
Sand Filter(b)
80
Yes
Yes
2
Standard
Constructed
Wetland
90
Yes
No
N/A
Wet Pond(d)
50-90
Yes
No
N/A
(Notes corresponding to annotations (b) through (d) are found on Page D-14)
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff
Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Best
Management
Practice
Stormwater Runoff
Quality
TSS Removal
Rate
(percent)
Stormwater
Runoff
Quantity
Groundwater
Recharge
Minimum
Separation from
Seasonal High
Water Table
(feet)
Blue Roof
0
Yes
No
N/A
Extended
Detention Basin
40-60
Yes
No
1
Manufactured
Treatment
Device(h)
50 or 80
No
No
Dependent
upon the
device
Sand Filter(c)
80
Yes
No
1
Subsurface
Gravel Wetland
90
No
No
1
Wet Pond
50-90
Yes
No
N/A
(Notes corresponding to annotations (b) through (d) are found on Page D-14)
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Notes to Tables 1, 2, and 3:
(a) subject to the applicable contributory drainage area limitation specified at Section IV.O.2;
(b) designed to infiltrate into the subsoil;
(c) designed with underdrains;
(d) designed to maintain at least a 10-foot wide area of native vegetation along at least 50 percent of the
shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff
for beneficial reuse, such as irrigation;
(e) designed with a slope of less than two percent;
(f) designed with a slope of equal to or greater than two percent;
(g) manufactured treatment devices that meet the definition of green infrastructure at Section II;
(h) manufactured treatment devices that do not meet the definition of green infrastructure at Section II.
G.
An alternative stormwater management measure, alternative removal rate, and/or
alternative method to calculate the removal rate may be used if the design engineer
demonstrates the capability of the proposed alternative stormwater management measure
and/or the validity of the alternative rate or method to the municipality. A copy of any
approved alternative stormwater management measure, alternative removal rate, and/or
alternative method to calculate the removal rate shall be provided to the Department in
accordance with Section 607.B. Alternative stormwater management measures may be used
to satisfy the requirements at Section 604.O only if the measures meet the definition of
green infrastructure at Section 602. Alternative stormwater management measures that
function in a similar manner to a BMP listed at Section 604.O.2 are subject to the
contributory drainage area limitation specified at Section 604.O.2 for that similarly
functioning BMP. Alternative stormwater management measures approved in accordance
with this subsection that do not function in a similar manner to any BMP listed at Section
604.O.2 shall have a contributory drainage area less than or equal to 2.5 acres, except for
alternative stormwater management measures that function similarly to cisterns, grass
swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds,
which are not subject to a contributory drainage area limitation. Alternative measures that
function similarly to standard constructed wetlands or wet ponds shall not be used for
compliance with the stormwater runoff quality standard unless a variance in accordance
with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Section 604.D
is granted from Section 604.O.
H.
Whenever the stormwater management design includes one or more BMPs that will
infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact on
the groundwater table and design the site, so as to avoid adverse hydraulic impacts.
Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally
or seasonally high-water table, so as to cause surficial ponding, flooding of basements, or
interference with the proper operation of subsurface sewage disposal systems or other
subsurface structures within the zone of influence of the groundwater mound, or
interference with the proper functioning of the stormwater management measure itself.
I.
Design standards for stormwater management measures are as follows:
1. Stormwater management measures shall be designed to take into account the
existing site conditions, including, but not limited to, environmentally critical areas;
wetlands; flood-prone areas; slopes; depth to seasonal high-water table; soil type,
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permeability, and texture; drainage area and drainage patterns; and the presence of
solution-prone carbonate rocks (limestone);
2.
Stormwater management measures shall be designed to minimize maintenance,
facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall
be installed at the intake to the outlet structure, as appropriate, and shall have
parallel bars with one- inch spacing between the bars to the elevation of the water
quality design storm. For elevations higher than the water quality design storm, the
parallel bars at the outlet structure shall be spaced no greater than one-third the
width of the diameter of the orifice or one-third the width of the weir, with a
minimum spacing between bars of one inch and a maximum spacing between bars
of six inches. In addition, the design of trash racks must comply with the
requirements of Section 609.C;
3.
Stormwater management measures shall be designed, constructed, and installed to
be strong, durable, and corrosion resistant. Measures that are consistent with the
relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-
7.3, 7.4, and 7.5 shall be deemed to meet this requirement;
4.
Stormwater management BMPs shall be designed to meet the minimum safety
standards for stormwater management BMPs at Section 609; and
5.
The size of the orifice at the intake to the outlet from the stormwater management
BMP shall be a minimum of two and one-half inches in diameter.
J.
Manufactured treatment devices may be used to meet the requirements of this
subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation
for Advanced Technology and certified by the Department. Manufactured treatment devices
that do not meet the definition of green infrastructure at Section 602 may be used only under
the circumstances described at Section 604.O.4.
K.
Any application for a new agricultural development that meets the definition of major
development at Section II shall be submitted to the Soil Conservation District for review
and approval in accordance with the requirements at Sections 604.O, P, Q and R and any applicable
Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes
of this subsection, "agricultural development" means land uses normally associated with the
production of food, fiber, and livestock for sale. Such uses do not include the development of land for
the processing or sale of food and the manufacture of agriculturally related products.
L.
If there is more than one drainage area, the groundwater recharge, stormwater runoff
quality, and stormwater runoff quantity standards at Section 604.P, Q and R shall be met in
each drainage area, unless the runoff from the drainage areas converge onsite and no adverse
environmental impact would occur as a result of compliance with any one or more of the
individual standards being determined utilizing a weighted average of the results achieved for
that individual standard across the affected drainage areas.
M.
Any stormwater management measure authorized under the municipal stormwater
management plan or ordinance shall be reflected in a deed notice recorded in the Somerset
County Recorder of Deeds. A form of deed notice shall be submitted to the municipality for
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approval prior to filing. The deed notice shall contain a description of the stormwater
management measure(s) used to meet the green infrastructure, groundwater recharge,
stormwater runoff quality, and stormwater runoff quantity standards at Section 604.O, P, Q
and R and shall identify the location of the stormwater management measure(s) in NAD 1983
State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees.
The deed notice shall also reference the maintenance plan required to be recorded upon the
deed pursuant to Section 611.B.5. Prior to the commencement of construction, proof that the
above required deed notice has been filed shall be submitted to the municipality. Proof that
the required information has been recorded on the deed shall be in the form of either a copy
of the complete recorded document or a receipt from the clerk or other proof of recordation
provided by the recording office. However, if the initial proof provided to the municipality is
not a copy of the complete recorded document, a copy of the complete recorded document
shall be provided to the municipality within 180 calendar days of the authorization granted by
the municipality.
N.
A stormwater management measure approved under the municipal stormwater
management plan or ordinance may be altered or replaced with the approval of the
municipality, if the municipality determines that the proposed alteration or replacement meets
the design and performance standards pursuant to Section 604 of this ordinance and provides
the same level of stormwater management as the previously approved stormwater
management measure that is being altered or replaced. If an alteration or replacement is
approved, a revised deed notice shall be submitted to the municipality for approval and
subsequently recorded with the Somerset County Recorder of Deeds and shall contain a
description and location of the stormwater management measure, as well as reference to the
maintenance plan, in accordance with M above. Prior to the commencement of construction,
proof that the above required deed notice has been filed shall be submitted to the municipality
in accordance with M above.
O.
Green Infrastructure Standards
1.
This subsection specifies the types of green infrastructure BMPs that may be used
to satisfy the groundwater recharge, stormwater runoff quality, and stormwater
runoff quantity standards.
2.
To satisfy the groundwater recharge and stormwater runoff quality standards at Section
604.P and Q, the design engineer shall utilize green infrastructure BMPs identified in
Table 1 at Section 604.F. and/or an alternative stormwater management measure approved
in accordance with Section 604.G. The following green infrastructure BMPs are subject to
the following maximum contributory drainage area limitations:
Best Management
Practice
Maximum Contributory
Drainage Area
Dry Well
1 acre
Manufactured Treatment Device
2.5 acres
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Pervious Pavement Systems
Area of additional inflow cannot
exceed three times the area
occupied by the BMP
Small-scale Bioretention
Systems
2.5 acres
Small-scale Infiltration Basin
2.5 acres
Small-scale Sand Filter
2.5 acres
3.
To satisfy the stormwater runoff quantity standards at Section 604.R, the design
engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative
stormwater management measure approved in accordance with Section 604.G.
4.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict
compliance in accordance with Section 604.D is granted from the requirements of
this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater
management measure approved in accordance with Section 604.G may be used to
meet the groundwater recharge, stormwater runoff quality, and stormwater runoff
quantity standards at Section 604.P, Q and R.
5.
For separate or combined storm sewer improvement projects, such as sewer
separation, undertaken by a government agency or public utility (for example, a
sewerage company), the requirements of this subsection shall only apply to areas
owned in fee simple by the government agency or utility, and areas within a right-
of-way or easement held or controlled by the government agency or utility; the
entity shall not be required to obtain additional property or property rights to fully
satisfy the requirements of this subsection. Regardless of the amount of area of a
separate or combined storm sewer improvement project subject to the green
infrastructure requirements of this subsection, each project shall fully comply with
the applicable groundwater recharge, stormwater runoff quality control, and
stormwater runoff quantity standards at Section 604.P, Q and R, unless the project is
granted a waiver from strict compliance in accordance with Section 604.D.
P.
Groundwater Recharge Standards
1.
This subsection contains the minimum design and performance standards for
groundwater recharge as follows:
2.
The design engineer shall, using the assumptions and factors for stormwater runoff
and groundwater recharge calculations at Section V, either:
i. Demonstrate through hydrologic and hydraulic analysis that the site and its
stormwater management measures maintain 100 percent of the average
annual pre- construction groundwater recharge volume for the site; or
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ii. Demonstrate through hydrologic and hydraulic analysis that the increase of
stormwater runoff volume from pre-construction to post-construction for the
projected 2-year storm, as defined and determined pursuant to Section 606.D
of this ordinance, is infiltrated.
3.
This groundwater recharge requirement does not apply to projects within the
“urban redevelopment area,” or to projects subject to 4 below.
4.
The following types of stormwater shall not be recharged:
i. Stormwater from areas of high pollutant loading. High pollutant loading areas are
areas in industrial and commercial developments where solvents and/or petroleum
products are loaded/unloaded, stored, or applied, areas where pesticides are
loaded/unloaded or stored; areas where hazardous materials are expected to be
present in greater than “reportable quantities” as defined by the United States
Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge
would be inconsistent with Department approved remedial action work plan
approved pursuant to the Administrative Requirements for the Remediation of
Contaminated Sites rules, N.J.A.C. 7:26C, or Department landfill closure plan and
areas; and areas with high risks for spills of toxic materials, such as gas stations and
vehicle maintenance facilities; and
ii. Industrial stormwater exposed to “source material.” “Source material” means any
material(s) or machinery, located at an industrial facility, that is directly or
indirectly related to process, manufacturing or other industrial activities, which
could be a source of pollutants in any industrial stormwater discharge to
groundwater. Source materials include, but are not limited to, raw materials;
intermediate products; final products; waste materials; by-products; industrial
machinery and fuels, and lubricants, solvents, and detergents that are related to
process, manufacturing, or other industrial activities that are exposed to
stormwater.
Q.
Stormwater Runoff Quality Standards
1.
This subsection contains the minimum design and performance standards to control
stormwater runoff quality impacts of major development. Stormwater runoff
quality standards are applicable when the major development results in an increase of one-
quarter acre or more of regulated motor vehicle surface.
2.
Stormwater management measures shall be designed to reduce the post-
construction load of total suspended solids (TSS) in stormwater runoff generated
from the water quality design storm as follows:
i. Eighty percent TSS removal of the anticipated load, expressed as an annual
average shall be achieved for the stormwater runoff from the net increase of
motor vehicle surface
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ii. If the surface is considered regulated motor vehicle surface because the
water quality treatment for an area of motor vehicle surface that is currently
receiving water quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant is to be modified or removed, the project shall maintain or increase the
existing TSS removal of the anticipated load expressed as an annual average.
3.
The requirement to reduce TSS does not apply to any stormwater runoff in a
discharge regulated under a numeric effluent limitation for TSS imposed under the
New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C.
7:14A, or in a discharge specifically exempt under a NJPDES permit from this
requirement. Every major development, including any that discharge into a
combined sewer system, shall comply with 2 above, unless the major development
is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or
the NJPDES permit to which the major development is subject exempts the
development from a numeric effluent limitation for TSS.
4.
The water quality design storm is 1.25 inches of rainfall in two hours. Water
quality calculations shall take into account the distribution of rain from the water
quality design storm, as reflected in Table 4, below. The calculation of the volume
of runoff may take into account the implementation of stormwater management
measures.
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Table 4 - Water Quality Design Storm Distribution
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5.
If more than one BMP in series is necessary to achieve the required 80 percent TSS
reduction for a site, the applicant shall utilize the following formula to calculate TSS
reduction:
R = A + B – (A x B) / 100,
Where:
R = total TSS Percent Load Removal from application of both BMPs, A = the
TSS Percent Removal Rate applicable to the first BMP
B = the TSS Percent Removal Rate applicable to the second BMP.
6.
Stormwater management measures shall also be designed to reduce, to the maximum
extent feasible, the post-construction nutrient load of the anticipated load from the
developed site in stormwater runoff generated from the water quality design storm. In
achieving reduction of nutrients to the maximum extent feasible, the design of the site
shall include green infrastructure BMPs that optimize nutrient removal while still
achieving the performance standards in Section 604.P, Q and R.
7.
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater management
measures shall be designed to prevent any increase in stormwater runoff to waters
classified as FW1.
8.
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot
riparian zones along Category One waters, as designated in the Surface Water Quality
Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A
person shall not undertake a major development that is located within or discharges into a
300-foot riparian zone without prior authorization from the Department under N.J.A.C.
7:13.
9. Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i, runoff
from the water quality design storm that is discharged within a 300-foot riparian zone
shall be treated in accordance with this subsection to reduce the post-construction load
of total suspended solids by 95 percent of the anticipated load from the developed site,
expressed as an annual average.
10. This stormwater runoff quality standards do not apply to the construction of one
individual single-family dwelling, provided that it is not part of a larger development or
subdivision that has received preliminary or final site plan approval prior to December
3, 2018, and that the motor vehicle surfaces are made of pervious material(s) such as
gravel, dirt, and/or shells.
R.
Stormwater Runoff Quantity Standards
1.
This subsection contains the minimum design and performance standards to control
stormwater runoff quantity impacts of major development.
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2.
In order to control stormwater runoff quantity impacts, the design engineer shall,
using the assumptions and factors for stormwater runoff calculations at Section 606,
complete one of the following:
i. Demonstrate through hydrologic and hydraulic analysis that for stormwater
leaving the site, post-construction runoff hydrographs for the current and
projected 2-, 10-, and 100-year storm events, as defined and determined in
Section 606.C and D, respectively, of this ordinance, do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same storm
events;
ii. Demonstrate through hydrologic and hydraulic analysis that there is no
increase, as compared to the pre-construction condition, in the peak runoff rates
of stormwater leaving the site for the current and projected 2-, 10-, and 100-
year storm events, as defined and determined pursuant to Section 606.C and D,
respectively, of this ordinance, and that the increased volume or change in
timing of stormwater runoff will not increase flood damage at or downstream of
the site. This analysis shall include the analysis of impacts of existing land uses
and projected land uses assuming full development under existing zoning and
land use ordinances in the drainage area;
iii. Design stormwater management measures so that the post-construction peak
runoff rates for the current and projected 2-, 10- and 100-year storm events, as
defined and determined in Section 606.C and D, respectively, of this ordinance,
are 50, 75 and 80 percent, respectively, of the pre-construction peak runoff
rates. The percentages apply only to the post-construction stormwater runoff
that is attributable to the portion of the site on which the proposed development
or project is to be constructed; or
iv. In tidal flood hazard areas, stormwater runoff quantity analysis in accordance
with 2.i, ii and iii above is required unless the design engineer demonstrates
through hydrologic and hydraulic analysis that the increased volume, change in
timing, or increased rate of the stormwater runoff, or any combination of the
three will not result in additional flood damage below the point of discharge of
the major development. No analysis is required if the stormwater is discharged
directly into any ocean, bay, inlet, or the reach of any watercourse between its
confluence with an ocean, bay, or inlet and downstream of the first water
control structure.
3.
The stormwater runoff quantity standards shall be applied at the site’s boundary to
each abutting lot, roadway, watercourse, or receiving storm sewer system.
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Section 605. Stormwater Management Requirements for Minor Development
A.
Application for Approval
1. In cases where the development of land involves the construction of a building or other
facility requiring a construction permit or application to the Land Use Board, the Zoning
Officer will determine whether the development involves the construction or installation of
an impervious surface equal to or greater than 2,000 s.f. If the extent of work to be
undertaken is such that requires review and approval with regard to the provisions of this
Article, the applicant shall proceed to submit an application and other data as outlined in
605.B to the Township Engineer. The Township Engineer will approve, tentatively
disapprove, or disapprove the application within 35 calendar days after submitted to them.
2. In cases where the development does not require the construction of a building or other
facility requiring a construction permit, the applicant shall submit an application and other
data as outlined in Section 605.B herein, directly to the Township Engineer for review. The
Township Engineer will approve, tentatively disapprove, or disapprove the application
within 35 calendar days after submitted to them. If disapproved, the applicant may seek
relief from the Land Use Board under Section 904 (b) of the Land Development
Ordinance.
B.
Data Required
Any application for minor developments must be accompanied by the following data
with the payment of the appropriate fees:
1. Plot plan showing dimensions of the property, proposed buildings dimensioned from each
side to the shortest lot line, driveways, patios, sidewalks, etc. The plan must include
existing and proposed elevations and contour lines over the entire area of the proposed
property, together with watercourses and an indication of the final disposal of the surface
waters. All elevations shall be related to one (1) permanent benchmark identified on the
plan. Contours shall be shown at not more than two-foot intervals. Any existing feature to
be removed or relocated shall be indicated. Flood Hazard area limits and wetlands shall
be shown.
2. Calculations for estimating pre and post development runoff prepared by a Professional
Engineer based on the methodologies outlined in Section 606, with a design that satisfies
the stormwater rate requirements of Section 603.R.
Section 606. Calculation of Stormwater Runoff and Groundwater Recharge.
A. Stormwater runoff shall be calculated in accordance with the following:
1. The design engineer shall calculate runoff using the following method:
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i. The USDA Natural Resources Conservation Service (NRCS) methodology,
including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as
described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National
Engineering Handbook, incorporated herein by reference as amended and
supplemented. This methodology is additionally described in Technical Release
55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986,
incorporated herein by reference as amended and supplemented. Information
regarding the methodology is available from the Natural Resources Conservation
Service website at:
https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf
or at United States Department of Agriculture Natural Resources Conservation
Service, New Jersey State Office.
2. For the purpose of calculating curve numbers and groundwater recharge, there is a
presumption that the pre-construction condition of a site or portion thereof is a wooded
land use with good hydrologic condition. The term “curve number” applies to the
NRCS methodology above at Section 606.A.1.i. A curve number or a groundwater
recharge land cover for an existing condition may be used on all or a portion of the site
if the design engineer verifies that the hydrologic condition has existed on the site or
portion of the site for at least five years without interruption prior to the time of
application. If more than one land cover have 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).
3. In computing pre-construction stormwater runoff, the design engineer shall account
for all significant land features and structures, such as ponds, wetlands, depressions,
hedgerows, or culverts, that may reduce pre-construction stormwater runoff rates and
volumes.
4. In computing stormwater runoff from all design storms, the design engineer shall
consider the relative stormwater runoff rates and/or volumes of pervious and
impervious surfaces separately to accurately compute the rates and volume of
stormwater runoff from the site. To calculate runoff from unconnected impervious
cover, urban impervious area modifications as described in the NRCS Technical
Release 55 – Urban Hydrology for Small Watersheds or other methods may be
employed.
5. If the invert of the outlet structure of a stormwater management measure is below the
flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer
shall take into account the effects of tailwater in the design of structural stormwater
management measures.
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B. Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-
Recharge Areas in New Jersey, incorporated herein by reference as amended and
supplemented. Information regarding the methodology is available from the New Jersey
Stormwater Best Management Practices Manual; at the New Jersey Geological Survey
website at:
https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code
29-01, Trenton, New Jersey 08625-0420.
C.
The precipitation depths of the current two-, 10-, and 100-year storm events shall be
determined by multiplying the values determined in accordance with items 1 and 2 below:
1.
The applicant shall utilize the National Oceanographic and Atmospheric
Administration (NOAA), National Weather Service’s Atlas 14 Point Precipitation Frequency
Estimates: NJ, in accordance with the location(s) of the drainage area(s) of the site. This data
is available at:
https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj; and
2.
The applicant shall utilize Table 5: Current Precipitation Adjustment Factors
below, which sets forth the applicable multiplier for the drainage area(s) of the site, in
accordance with the county or counties where the drainage area(s) of the site is located.
Where the major development lies in more than one county, the precipitation values shall be
adjusted according to the percentage of the drainage area in each county. Alternately,
separate rainfall totals can be developed for each county using the values in the table below.
Table 5: Current Precipitation Adjustment Factors
County
Current Precipitation Adjustment Factors
2-year
Design Storm
10-year
Design Storm
100-year
Design Storm
Somerset
1.00
1.03
1.09
D. Table 6: Future Precipitation Change Factors provided below sets forth the change factors
to be used in determining the projected two-, 10-, and 100-year storm events for use in this
chapter, which are organized alphabetically by county. The precipitation depth of the
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projected two-, 10-, and 100-year storm events of a site shall be determined by multiplying
the precipitation depth of the two-, 10-, and 100-year storm events determined from the
National Weather Service’s Atlas 14 Point Precipitation Frequency Estimates pursuant to
(c)1 above, by the change factor in the table below, in accordance with the county or
counties where the drainage area(s) of the site is located. Where the major development
and/or its drainage area lies in more than one county, the precipitation values shall be
adjusted according to the percentage of the drainage area in each county. Alternately,
separate rainfall totals can be developed for each county using the values in the table
below.
Table 6: Future Precipitation Change Factors
Future Precipitation Change Factors
2-year
Design Storm
10-year
Design Storm
10-year
Design Storm
Somerset
1.19
1.24
1.48
Section 607. Sources for Technical Guidance.
A. Technical guidance for stormwater management measures can be found in the documents
listed below, which are available to download from the Department’s website at:
https://dep.nj.gov/stormwater/bmp-manual/.
1. Guidelines for stormwater management measures are contained in the New Jersey
Stormwater Best Management Practices Manual, as amended and supplemented.
Information is provided on stormwater management measures such as, but not limited
to, those listed in Tables 1, 2, and 3.
2. Additional maintenance guidance is available on the Department’s website at:
https://dep.nj.gov/stormwater/maintenance-guidance/
B. Submissions required for review by the Department should be mailed to:
The Division of Watershed Protection and Restoration, New Jersey Department of Environmental
Protection, Mail Code 501-02A, PO Box 420, Trenton, New Jersey 08625-0420.
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Section 608. Solids and Floatable Materials Control Standards.
A. Site design features identified under Section 604.F above, or alternative designs in
accordance with Section 604.G above, to prevent discharge of trash and debris from
drainage systems shall comply with the following standard to control passage of solid and
floatable materials through storm drain inlets. For purposes of this paragraph, “solid and
floatable materials” means sediment, debris, trash, and other floating, suspended, or
settleable solids. For exemptions to this standard see Section 608.A.2 below.
1. Design engineers shall use one of the following grates whenever they use a grate in
pavement or another ground surface to collect stormwater from that surface into a
storm drain or surface water body under that grate:
i. The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which
is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and
Bikeways Planning and Design Guidelines; or
ii. A different grate, if each individual clear space in that grate has an area of no
more than seven (7.0) square inches, or is no greater than one-half (0.5) inches
across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate
portion (non-curb-opening portion) of combination inlets, grates on storm sewer
manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains.
Examples of ground surfaces include surfaces of roads (including bridges),
driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open
channels, and stormwater system floors used to collect stormwater from the
surface into a storm drain or surface water body.
iii. For curb-opening inlets, including curb-opening inlets in combination inlets, the
clear space in that curb opening, or each individual clear space if the curb opening
has two or more clear spaces, shall have an area of no more than seven (7.0)
square inches, or be no greater than two (2.0) inches across the smallest
dimension.
2. The standard in A.1. above does not apply:
i. Where each individual clear space in the curb opening in existing curb-opening inlet
does not have an area of more than nine (9.0) square inches;
ii. Where the municipality agrees that the standards would cause inadequate hydraulic
performance that could not practicably be overcome by using additional or larger storm
drain inlets;
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iii. Where flows from the water quality design storm as specified in N.J.A.C. 7:8 are
conveyed through any device (e.g., end of pipe netting facility, manufactured
treatment device, or a catch basin hood) that is designed, at a minimum, to prevent
delivery of all solid and floatable materials that could not pass through one of the
following:
a. A rectangular space four and five-eighths (4.625) inches long and one and one-
half (1.5) inches wide (this option does not apply for outfall netting facilities);
or
b. A bar screen having a bar spacing of one-half (0.5) inches.
Note that these exemptions do not authorize any infringement of requirements in the
Residential Site Improvement Standards for bicycle safe grates in new residential
development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).
iv. Where flows are conveyed through a trash rack that has parallel bars with one-
(1.0) inch spacing between the bars, to the elevation of the Water Quality Design
Storm as specified in N.J.A.C. 7:8; or
v. Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-
7.2(c), that action to meet this standard is an undertaking that constitutes an
encroachment or will damage or destroy the New Jersey Register listed historic
property.
vi.
Section 609. Safety Standards for Stormwater Management Basins.
A. This section sets forth requirements to protect public safety through the proper design and
operation of stormwater management BMPs. This section applies to any new stormwater
management BMP.
B. The Township may require existing stormwater management BMPs to be retrofitted to
meet one or more of the safety standards in Section 609.C.1, 609.C.2, and 609.C.3 for
trash racks, overflow grates, and escape provisions at outlet structures. The provisions of
this section are not intended to preempt more stringent municipal or county safety
requirements for new or existing stormwater management BMPs.
C. Requirements for Trash Racks, Overflow Grates and Escape Provisions
1. A trash rack is a device designed to catch trash and debris and prevent the clogging of
outlet structures. Trash racks shall be installed at the intake to the outlet from the
Stormwater management BMP to ensure proper functioning of the BMP outlets in
accordance with the following:
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i. The trash rack shall have parallel bars, with no greater than six-inch spacing
between the bars;
ii. The trash rack shall be designed so as not to adversely affect the hydraulic
performance of the outlet pipe or structure;
iii. The average velocity of flow through a clean trash rack is not to exceed two and
one-half (2.5) feet per second under the full range of stage and discharge. Velocity
is to be computed on the basis of the net area of opening through the rack; and
iv. The trash rack shall be constructed of rigid, durable, and corrosion resistant
material and designed to withstand a perpendicular live-loading of 300 pounds per
square foot.
2.
An overflow grate is designed to prevent obstruction of the overflow structure. If an
outlet structure has an overflow grate, such grate shall meet the following
requirements:
i. The overflow grate shall be secured to the outlet structure but removable for
emergencies and maintenance.
ii. The overflow grate spacing shall be no greater than two inches across the smallest
dimension
iii. The overflow grate shall be constructed and installed to be rigid, durable, and
corrosion resistant, and shall be designed to withstand a perpendicular live-loading
of 300 pounds per square foot.
3. Stormwater management BMPs shall include escape provisions as follows:
i. If a stormwater management BMP has an outlet structure, escape provisions shall be
incorporated in or on the structure. Escape provisions include the installation of
permanent ladders, steps, rungs, or other features that provide easily accessible means of
egress from stormwater management BMPs. With the prior approval of the municipality
pursuant to 609.C, a free-standing outlet structure may be exempted from this
requirement;
ii. Safety ledges shall be constructed on the slopes of all new stormwater management
BMPs having a permanent pool of water deeper than two and one-half (2.5) feet. Safety
ledges shall be comprised of two steps. Each step shall be four to six feet in width. One
step shall be located approximately two and one-half feet below the permanent water
surface, and the second step shall be located one to one and one- half feet above the
permanent water surface. See 609.E for an illustration of safety ledges in a stormwater
management BMP; and
iii. In new stormwater management BMPs, the maximum interior slope for an earthen dam,
embankment, or berm shall not be steeper than three horizontal to one vertical.
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D. Variance or Exemption from Safety Standard
A variance or exemption from the safety standards for stormwater management BMPs may be
granted only upon a written finding by the municipality that the variance or exemption will not
constitute a threat to public safety.
E. Safety Ledge Illustration
Elevation View –Basin Safety Ledge Configuration
Section 610. Requirements for a Site Development Stormwater Plan.
A. Submission of Site Development Stormwater Plan
1. Whenever an applicant seeks municipal approval of a major development subject to
this ordinance, the applicant shall submit all of the required components of the
Checklist for the Site Development Stormwater Plan in accordance with Section
610.C below as part of the submission of the application for approval.
2. The applicant shall demonstrate that the project meets the standards set forth in this
ordinance.
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3. The applicant shall submit three (3) hardcopies and one (1) pdf electronic file of the
materials listed in the checklist for site development stormwater plans in accordance
with Section 610.C of this ordinance.
B. Site Development Stormwater Plan Approval
The applicant's Site Development project shall be reviewed as a part of the review process by
the municipal board or official from which municipal approval is sought. That municipal board
or official shall consult the municipality’s review engineer to determine if all of the checklist
requirements have been satisfied and to determine if the project meets the standards set forth in
this ordinance.
C. Submission of Site Development Stormwater Plan
The following information shall be required:
1. Topographic Base Map
The reviewing engineer may require upstream tributary drainage system information as
necessary. It is recommended that the topographic base map of the site be submitted which
extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of
1"=200' or greater, showing 2-foot contour intervals. The map as appropriate may indicate the
following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils,
perennial or intermittent streams that drain into or upstream of the Category One waters,
wetlands and flood plains along with their appropriate buffer strips, marshlands and other
wetlands, pervious or vegetative surfaces, existing man- made structures, roads, bearing and
distances of property lines, and significant natural and manmade features not otherwise shown.
2. Environmental Site Analysis
A written and graphic description of the natural and man-made features of the site and its
surroundings should be submitted. This description should include a discussion of soil
conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should
be given to unique, unusual, or environmentally sensitive features and to those that provide
particular opportunities or constraints for development.
3. Project Description and Site Plans
A map (or maps) at the scale of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural facilities for stormwater
management and sediment control, and other permanent structures. The map(s) shall also
clearly show areas where alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations. A written description
of the site plan and justification for proposed changes in natural conditions shall also be
provided.
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4. Land Use Planning and Source Control Plan
This plan shall provide a demonstration of how the goals and standards of Sections 603
through 606 are being met. The focus of this plan shall be to describe how the site is being
developed to meet the objective of controlling groundwater recharge, stormwater quality and
stormwater quantity problems at the source by land management and source controls whenever
possible.
5. Stormwater Management Facilities Map
The following information, illustrated on a map of the same scale as the topographic base map,
shall be included:
i. Total area to be disturbed, paved or built upon, proposed surface contours, land
area to be occupied by the stormwater management facilities and the type of
vegetation thereon, and details of the proposed plan to control and dispose of
stormwater.
ii. Details of all stormwater management facility designs, during and after
construction, including discharge provisions, discharge capacity for each outlet at
different levels of detention and emergency spillway provisions with maximum
discharge capacity of each spillway.
6. Calculations
i. Comprehensive hydrologic and hydraulic design calculations for the pre- development
and post-development conditions for the design storms specified in Section 604 of this
ordinance.
ii. When the proposed stormwater management control measures depend on the hydrologic
properties of soils or require certain separation from the seasonal high- water table, then
a soils report shall be submitted. The soils report shall be based on onsite boring logs or
soil pit profiles. The number and location of required soil borings or soil pits shall be
determined based on what is needed to determine the suitability and distribution of soils
present at the location of the control measure.
7. Maintenance and Repair Plan
The design and planning of the stormwater management facility shall meet the
maintenance requirements of Section 611.
8. Waiver from Submission Requirements
The municipal official or board reviewing an application under this ordinance may, in
consultation with the municipality’s review engineer, waive submission of any of the
requirements in Section 610.C.1 through 610.C.6 of this ordinance 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.
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Section 611. Maintenance and Repair.
A. Applicability
1. Projects subject to review as in Section 601.C.1 of this ordinance shall comply with
the requirements of Section 610.B and 610.C 611.B and 611.C.
2. Stormwater facilities not owned or operated by the Township constructed after
February 7, 1984
B. General Maintenance for Projects applicable under 611.A.1:
1. The design engineer shall prepare a maintenance plan for the stormwater management
measures incorporated into the design of a major development.
2. The maintenance plan shall contain specific preventative maintenance tasks and
schedules; cost estimates, including estimated cost of sediment, debris, or trash
removal; and the name, address, and telephone number of the person or persons
responsible for preventative and corrective maintenance (including replacement). The
plan shall contain information on BMP location, design, ownership, maintenance tasks
and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as
well as the tasks specific to the type of BMP, as described in the applicable chapter
containing design specifics.
3. If the maintenance plan identifies a person other than the property owner (for
example, a developer, a public agency or homeowners' association) as having the
responsibility for maintenance, the plan shall include documentation of such person's
or entity’s agreement to assume this responsibility, or of the owner's obligation to
dedicate a stormwater management facility to such person under an applicable
ordinance or regulation.
4. Responsibility for maintenance shall not be assigned or transferred to the owner or
tenant of an individual property in a residential development or project, unless such
owner or tenant owns or leases the entire residential development or project. The
individual property owner may be assigned incidental tasks, such as weeding of a
green infrastructure BMP, provided the individual agrees to assume these tasks;
however, the individual cannot be legally responsible for all of the maintenance
required.
5. If the party responsible for maintenance identified under Section 611.B.3 above is not
a public agency, the maintenance plan and any future revisions based on Section
611.B.7 below shall be recorded upon the deed of record for each property on which
the maintenance described in the maintenance plan must be undertaken.
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6. Preventative and corrective maintenance shall be performed to maintain the functional
parameters (storage volume, infiltration rates, inflow / outflow capacity, etc.).of the
stormwater management measure, including, but not limited to, repairs or replacement
to the structure; removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of vegetation; and
repair or replacement of non-vegetated linings.
C. General Maintenance for Projects applicable under 611.A.2:
1. The property owner shall perform maintenance in accordance with the
maintenance plan provided to them by the Township.
2. Preventative and corrective maintenance shall be performed to maintain the
functional parameters (storage volume, infiltration rates, inflow / outflow capacity,
etc.).of the stormwater management measure, including, but not limited to, repairs
or replacement to the structure; removal of sediment, debris, or trash; restoration
of eroded areas; snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of non-vegetated linings.
D.
The party responsible for maintenance identified under Section 611.B.3 and 611.C.1
above shall perform all of the following requirements:
1. maintain a detailed log of all preventative and corrective maintenance for the
structural stormwater management measures incorporated into the design of the
development, including a record of all inspections and copies of all maintenance-
related work orders;
2. evaluate the effectiveness of the maintenance plan at least once per year and
adjust the plan and the deed as needed; and
3. Provide a copy to the Township prior to January 1st of each calendar year, 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 Section 611.B.6 & 611.D.1 above.
7. The requirements of Section 611.B.3 and B.4 do not apply to stormwater management
facilities that are dedicated to and accepted by the municipality or another
governmental agency, subject to all applicable municipal stormwater general permit
conditions, as issued by the Department.
8. 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 fourteen (14) days to effect maintenance and repair of
the facility in a manner that is approved by the municipal engineer or their designee.
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The municipality, in its discretion, may extend the time allowed for effecting
maintenance and repair for good cause. If the responsible person fails or refuses to
perform such maintenance and repair, the municipality or County may immediately
proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment
of such bill may result in a lien on the property.
E. Nothing in this subsection shall preclude the municipality in which the major
development is located from requiring the posting of a performance or maintenance
guarantee in accordance with N.J.S.A. 40:55D-53.
Section 612. Penalties.
A. Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building,
structure or land in violation of this ordinance shall be subject to penalties prescribed in Article
12 of the Land Development Ordinance.
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ARTICLE 7
DESIGN AND PERFORMANCE STANDARDS
701.
GENERAL
701.1
Any development shall demonstrate conformance to design standards that will encourage
sound development patterns within the Township. Where either an Official Map or Master Plan has been
adopted, the development shall conform to the proposals end conditions shown thereon. The streets,
drainage rights-of-way, school sites, public parks and playgrounds, scenic sites, historic sites and flood
control basins shown on the officially adopted Master Plan or Official Map shall be considered in
approval of development plans. In accordance with good design practices, extreme deviations from
rectangular lot shapes and straight lot lines shall not be allowed unless made necessary by special
topographical conditions or other special conditions and acceptable to the Approving Authority. All
improvements shall be installed and connected with existing facilities or installed in required locations to
enable future connections with approved systems or contemplated systems and shall be adequate to
handle all present and probable future development.
701.2
Character of the Land.
Land which the: Approving Authority finds to be in areas identified in the Natural Resources Inventory
as having severe or moderate soil characteristics particularly as the land relates to flooding, improper
drainage, steep slopes, rock formations, soil conditions, adverse topography, utility easements, or other
features which can reasonably be expected to be harmful to the health, safety and general welfare of the
present or future inhabitants of the development, and/or its surrounding areas, shall not be subdivided and
site plans shall not be approved unless adequate and acceptable methods are formulated by the developer
to solve the problems by methods meeting this ordinance and all other regulations.
701.3
Plats Straddling Municipal Boundaries.
Whenever a development abuts or crosses a municipal boundary, access to those lots within this
Township shall be from within this Township as a general rule. Whenever access to a development is
required across lend in an adjoining community as the exception, the Approving Authority may require
documentation that such access is legally established, and that the access road is adequately improved.
701.4
Development Name.
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The proposed name of the development shall not duplicate, or too closely approximate, the name of any
other development in this Township. The Approving Authority shall have final authority to designate the
name of the development which shall be determined at the sketch plat stage.
701.5
Findings with Respect to Individual Lot.
In the official resolution approving the design layout of any development application, the Approving
Authority shall make a specific finding that all of the proposed lots shown on the development plat are
suitable and useable for the intended purpose, and that each proposed lot contains sufficient area to
accommodate the proposed building or buildings, proposed accessory structures, proposed parking, the
proposed potable water supply, the proposed sewage disposal system, as well as to provide adequate
space for all front, side and rear yard setbacks required by the Zoning Ordinance. The Approving
Authority shall also make a specific finding that the development application being approved does not
require variance, conditional use approvals, plan-design waivers or relief from any other ordinance
requirement, nor does it violate the terms or conditions imposed upon the subject property as a part of
any earlier development application approval. If variance or other relief is required, the Approving
Authority shall specify the type of relief required.
701.6
Lots Not Suitable
If the Approving Authority finds that one or more of the proposed lots do not comply with the foregoing
standards, then the design layout of the development shall not be approved, and the applicant shall be
directed to submit a revised design layout. The official findings of the Approving Authority shall state
which of the proposed lots was found to be unsuitable, and shall state the reasons for the finding of
unsuitability, making reference to specific provisions, terms or conditions imposed by earlier
development approval resolutions, or the Land Development Ordinance, or the Zoning Ordinance, or any
other local ordinances or of any law of the State of New Jersey which forms part of the basis for the
denial of approval.
702.
REQUIRED IMPROVEMENTS
Prior to final approval, the developer shall have installed or shall have installed or shall have furnished
performance guarantees for the completion of all improvements in accordance with the Township Zoning
Ordinance and NJAC 5:21 Residential Site Improvement Standards (RSIS)
702.1
Roads.
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(A)
Excavation and Embankment.
(1)
Description.
Excavation and embankment shall consist of grading the full width of the right-of-way in
conformity with the specifications, accurately to approved line and grade. Grading shall include
clearing and grubbing, removal of obstructions, excavating, forming embankments, shaping and
sloping, compacting, and all other. Work that may be necessary to bring the roadway and its side
slopes to the required grade, alignment and cross sections. Grading of all intersections (roadways,
driveways and approaches) and adjacent property to the limit of the slope lines is included in this
section.
(2)
Clearing and Grubbing.
The developer shall remove and dispose of all trees, stumps, roots, brush, weeds, etc., and till the
holes with suitable material and thoroughly compact the same. Disposal by burning shall be
permitted only with the express permission of the Fire Chief. Culverts shall be cleaned and
cleared of obstructions. All branches of trees which hang within sixteen (16') feet of the surface
of the roadway shall be removed.
(3)
Roadway Excavation.
Roadway excavation shall include the removal and satisfactory disposal of all materials taken
from within the limits of the work that are necessary for the construction and preparation of the
roadbed, embankment, subgrade, shoulders, slopes, side ditches, drainage structures, trenches,
waterways, intersections, approaches and private entrances, as indicated or directed. All suitable
materials removed from the excavations shall be used as far as practicable in the formation of the
embankment, subgrade and shoulders, and at such other places as directed. Ditches and
waterways shall be excavated to the depth and width shown on plans, or as may be indicated or
directed by the Township Engineer. During the construction of the roadway the roadbed shall be
maintained in such condition that it will be well drained at all times.
(4)
Embankments.
Embankments shall be formed of suitable material placed in successive layers of not more than
twelve (12”) inches in depth for the full width of the cross section commencing on a subgrade
approved by the Township Engineer, and shall be compacted by approved mechanical equipment
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and by distributing the necessary hauling uniformly over each succeeding layer. Stumps, trees,
rubbish and/or unsuitable material or substance shall not be placed in the embankment, nor shall
the embankment be commenced on soft or organic-laden soil.
(5)
Borrow Excavation.
When embankment from “offsite” is required, sufficient suitable material shall be obtained by the
developer from borrow pits located beyond the limits of the work. This material, known as
“Borrow”, shall be of a quality satisfactory for the purpose for which it is required, and it shall be
approved by the Township Engineer. Borrow will include the furnishing, removal, placing and
satisfactory compaction of the additional material necessary to complete the embankments,
subgrade and shoulders.
(6)
Formation of Subgrade.
The bottom of the excavation of the box to receive the pavement surface shall be true to line,
grade and cross-section established or indicated on approved drawings. After all drains and
drainage structures have been installed and the subgrade has been shaped and compacted, it shall
be brought to a firm unyielding surface by rolling the entire area with an approved three wheel
power roller weighing not less than ten tons. Any areas which are soft and yielding or which will
not compact readily when rolled or tamped shall be removed All loose rock or boulders found in
the earth excavation shall be removed or broken off to a depth of not less than six (6") inches
below the surface of the subgrade. All holes or depressions made by the removal of material shall
be filled with suitable material and the whole surface compacted uniformly.
If the surface of a present roadway conforms approximately to the surface of the finished
subgrade, it shall be scarified or rooted to a uniform depth for the full width of the paved surface
sufficient to ‘eliminate all depressions and irregularities and to permit uniform reshaping. When
necessary, additional approved material shall be added to bring the subgrade to the desired
elevation and cross section and the whole shall be rolled as previously specified, until thoroughly
compacted. Sod roots and other objectional material shall not be used in forming the subgrade.
(7)
Protection of Subgrade.
All ditches and drains shall be completed before placing any pavement construction material. The
developer shall protect the subgrade and keep it drained at all times. Neither foundation nor
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surfacing material shall be deposited on the subgrade until the subgrade has been checked and
approved by the Township Engineer.
(8)
Slopes.
Slopes in embankment and excavation shall be formed with a slope pot steeper than one (1) unit
vertically to two (2) units horizontally, unless otherwise directed by the Township Engineer.
(9)
Miscellaneous Structures.
The developer shall install underdrains, storm water drains, manholes, inlets, catch basins,
gutters, curb and headers, rubble walls, headwalls and culverts, monuments, guard fence, pipe
railing, street signs and sidewalks or any other miscellaneous structures required on the approved
drawings. The work shall be done in accordance with the current specifications of the New Jersey
State Department of Transportation (Highways)
Storm water drains shall be installed to conduct the drainage along or across the right-of-way.
Inlets, basins, manholes, culverts, and headwalls shall be in-stalled in accordance with the
approved plans.
Curbing shall be installed on all streets and intersections.
Metal street signs on metal posts set in concrete foundations shall be installed at street
intersections as directed by the Township Engineer. There shall be at least one (1) street sign
furnished at “T” intersections and one (1) additional street sign for each additional intersecting
street. See Section 9:4-5 of the Revised Ordinances of the Township of Green Brook (1973).
(B)
Street Widths.
Pursuant to the Master Plan and Residential Site Improvement Standards, the required widths for
design types shall be as follows:
Street Type
Cartway (ft) R.O.W. (ft) Curb
Parking
Neighborhood
30’
50’ Yes Both Sides
Residential Access
28’
50’ No*
One Side
Minor Collector
36’
60’ Yes Both Sides
Low and Medium Intensity
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* curbs or curbs and gutters shall be used for drainage purposes, safety, and delineation and
protection of pavement edge.
Where curbs and gutters are used and where the street is part of a designated bike route as indicated
in the bicycle circulation part of the municipal master plan, the municipality may require that the
cartway width be increased by one (1) foot on each side of the street that uses a curb or gutter.
(C)
Pavement
Chapter 4 “Streets and Parking” of the Residential Site Improvement Standards shall govern. For
improvements not regulated by RSIS, the following requirements shall be followed:
(1)
Subbase Course
The subbase course shall be four (4”) of Soil Aggregate Designation I-5, as approved
by the Township Engineer installed in accordance with the requirements of the
NJDOT Standard Specifications for Road and Bridge Construction, current edition.
(2)
Base Course.
The base course shall be four (4”) of Hot Mix Asphalt Mix I-2, installed in accordance
with the requirements of the NJDOT Standard Specifications for Road and Bridge
Construction, current edition.
(3)
Surface Course
The surface course shall be two (2”) of Hot Mix Asphalt Mix I-5, installed in
accordance with requirements of the NJDOT Standard Specifications for Road and
Bridge Construction, current edition
At any time during construction, and in any event prior to acceptance of the completed roadway, core
samplings, in areas selected by the Township Engineer, shall be submitted by the developer to show
compliance with this Article and with the plans as finally approved.
A minimum of five cores shall be taken for each 10,000 s.y. of bituminous concrete surface or
stabilized base course. In all cases, a minimum of five pavement samples shall be taken for each
bituminous concrete course. Pavement construction required by site plan approval will normally be
exempted from required pavement sampling.
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702.2 Curbing.
All parking areas, driveways, and streets shall have curbing installed, being concrete eight inches (8”)
thick and eighteen inches (18”) deep and shall be installed according to the requirements of the NJDOT
Standard Specifications for Road and Bridge Construction, current edition. Belgium block curbing may
be substituted with the approval of the Township Engineer. The height of the depressed curb at
driveways shall be one and one half inches (1 ½”) above the gutter. Where required for stormwater
management, curb cuts or flush curbs with curb stops may be permitted in conjunction with vegetated
swales to allow the disconnection of impervious surfaces.
702.3 Sidewalks.
Sidewalks shall be installed on streets as required by the Residential Site Improvements Standards
(RSIS). For developments not regulated by RSIS, sidewalks shall be installed along all street frontages.
Sidewalks shall be concrete or, subject to the approval of the Approving Authority, concrete pavers or
permeable paving materials. All sidewalks shall be a minimum of four feet (4’) wide and four inches (4”)
thick, placed one foot (1’) from the property line. At driveways, the sidewalks shall be six inches (6”)
thick and reinforced with steel wire mesh. Sidewalks shall be installed according to the requirements of
the NJDOT Standard Specifications for Road and Bridge Construction, current edition. Sidewalks shall
be designed to discharge stormwater to lawns, where feasible, to disconnect the impervious surfaces.
702.4 Storm sewers; drainage.
Storm drainage shall be installed in accordance with the requirements of the Residential Site
Improvement Standards (RSIS). For developments not regulated by RSIS, storm drainage shall be
installed as per Article 6 of the Land Development Ordinance and Chapter 12-4 of the General
Ordinances of the Township of Green Brook.
702.5 Sanitary Sewers.
Provision shall be made for sanitary sewage in an approved sanitary sewer system and treatment facility,
and shall be adequate for all present and probable future development. Sanitary sewers shall be installed
and connected in accordance with all sanitary sewer ordinances of this Township and its Board of Health,
now or hereafter adopted and with the rules and regulations where applicable, of (a) the Middlesex
County Utilities Authority; (b) the Somerset-Raritan Valley Sewerage Authority; (c) the Joint Meeting of
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the City of Plainfield, Borough of North Plainfield and Borough of Dunellen [Note: this is about to be
superseded by the Plainfield Area Regional Sewerage Authority – 1995]; (d) contract with the Warren
Township Sewerage Authority; (e) contract with the Borough of Watchung; or (f) contract with the
Borough of North Plainfield. When sanitary sewers are not available, sewage disposal shall be in
accordance with requirements of the Green Brook Board of Health and Middlebrook Regional Health
Commission.
702.6 Utilities.
Utilities shall be installed in accordance with the rules and regulations of the Public Utility Commission
and the utility corporations involved. All utilities within a subdivision containing three or mar lots shall
be installed underground in accordance with sound installation practices-and the requirements of the
Public Utility Commission regulating underground-installations; provided, however, that this
requirement may be waived by the Approving Authority in particular circumstances and for special
reasons in subdivisions of less than 20 lots.
702.7 Street Lighting.
Appropriate street lighting shall be installed where designated by the Township Committee.
702.8 Monuments.
Monuments of the size and shape required by Chapter 141 of the Laws of New Jersey of 1960, as
amended and supplemented, shall be placed in accordance with said statute.
702.9 Topsoil Protection.
No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of
construction shall be redistributed so as to provide at least 4 inches of cover to all areas of the subdivision
and shall be stabilized by seeding or planting. See also Article 4 of this, Ordinance.
702.10
Shade Trees.
Shade trees shall be planted on each side of every street at intervals of approximately 50 feet and shall be
size 1 3/4" to 2" and of the following types: European or silver Linden; London or Oriental Plane;
Norway or sugar maple; Red, Pin, Black, Chestnut or Scarlet Oak.
702.11
Water.
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The proposed system of water supply shall be shown and shall be one of two types: either by a water
company operating under the Public Utility Commission, or, only in the event such water company is not
reasonably available, by individual yells installed in accordance with Chapter 199 of the Laws of New
Jersey, 1954, as amended and supplemented, and applicable code of the Green Brook Board of Health.
702.12
Tree Removal and Replacement.
In conjunction with the Tree Removal Plan as defined in Subsection 308.3-13 and 309.5-5 of this
Ordinance, tree removal and replacement shall conform to the following criteria:
A) Tree Removal (Residential Uses)
1)
Tree removal for residential uses shall be planned to save as many trees as reasonably
possible. Tree removal is limited to 50% of the lot area, or ½ acre whichever is less. The
following are permitted to be removed:
a)
All trees within the proposed building footprint and within 30’ around the building
footprint.
b)
All trees within the rear yard areas, provided 50% of the rear yard depth remains
undisturbed.
c)
All trees within 10’ of each side of proposed driveway.
d)
All trees within the limits of the sanitary sewerage disposal field.
e)
All trees which pose a threat or danger to life or property.
2)
The following removal of trees are prohibited in residential areas:
a)
All trees on slopes greater than 20%
b)
All trees in areas in which the removal will remove a barrier and make visible to
adjoining properties or the public street: utility substations, transmission towers,
warehouses, junkyards, landfill operations, and similar structures.
c)
Specimen trees.
3)
Tree removal in non-residential districts shall consider the use of open areas, if possible for
building sites. The following are permitted to be removed:
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a)
All trees within the proposed building footprint and within 30’ around the building
footprint.
b)
All trees within the proposed parking and driveway areas.
c)
All trees within 10’ of all proposed parking and driveway areas.
d)
Trees which pose a threat to danger to life or property.
4)
The following removal of trees are prohibited in non-residential areas:
a)
All trees on slopes greater than 20%
b)
All trees in areas in which the removal will remove a barrier and make visible to
adjoining properties or the public street: utility substations, transmission towers,
warehouses, junkyards, landfill operations, and similar structures.
c)
Specimen trees
B)
Tree Preservation
1)
Any tree to be preserved which is located in an area of land disturbance shall be
protected from damage. If fill is to be placed around the tree, the tree must be
protected by an air well six (6) feet in diameter as needed around the trunk to prevent
the intrusion of soil. Perforated pipes must radiate like spokes from the well to provide
air to the roots. The top of the well must extend six (6) inches above the grade level. If
the tree is of a species that is known to be sensitive to root disturbance or changes in
drainage, it may be removed and must be replaced with another tee acceptable to the
Township.
2)
Any tree to be preserved shall be protected from construction equipment by installing
temporary orange safety fence around the drip line of the tree.
C)
Tree Replacement (Residential and Non-Residential Uses)
1)
For each 1600 square feet of non-wooded area calculated in subsection 308.3-13(a)
and 309.5-5(a), one tree shall be planted on the subject property according to the
following requirements:
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a) Tree replacement shall utilize 80% of the species identified on the
“Environmental Commission Tree List for Commercial/Residential/South/North
of Route 22 and Wildlife Areas” attached as an Appendix to this Ordinance.
b)
No fewer than tree (3) species of tree shall be included in any one acre of land.
Identical species should not be contiguous.
c)
No more than 50% of each hardwood species shall be less than 3 ½ inches
caliper and no hardwood tree shall be less than 2 ½ inches in caliper. No
evergreen tree shall be less than 6’ in height in pruned nursery stock, or eight
feet unpruned stock.
d)
No tree shall be planted closer than 10’ to a lot line, structure, or contiguous
tree. Equal distances and straight lines shall be avoided.
e)
Tree specimens shall be of nursery quality stock with straight trunks, balled,
burlapped, well branched and with healthy roots. Backfill upon plantings will
consist of 50% humus for each tree.
f)
All trees are to be thoroughly watered at the time of planting and at adequate
frequent intervals thereafter.
g)
Each hardwood tree will be staked approximately five (5) feet from the ground
with two stakes. Trees will be wired to both stakes with the wire passing
through a rubber hose section where attached to the tree.
h)
On off-street parking areas, other than single family residences, trees must be
planted in the parking area within curbed islands situated at the ends of parking
rows, or in a planned manner acceptable to the Board.
(2)
In lieu of planting replacement trees, the applicant may be permitted to make a
monetary contribution to a “tree bank” fund established by the Township Committee. The amount of
the contribution shall be $300.00 in 2005 for each replacement tree required in Section 702.12.C(1).
The amount of the contribution shall be adjusted annually by resolution of the Township Committee.
Fifteen (15%) percent of the funds collected pursuant to the terms of the Ordinance shall be
maintained by the Municipality in a separate sub-account for the maintenance and care of all existing
trees on municipally owned lands, Eighty-five (85%) percent of the funds so collected will be placed
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in a separate Municipal sub-account and used for the replacement of trees that may be removed as the
result of land development. All of the funds shall be administered by the Director of Public Works for
use as the Director shall see fit. An annual report shall be submitted to the Township Committee and
shall be used in part to make a determination regarding the amount of contribution for each
succeeding calendar year.
D)
Applicability. This Ordinance shall be applicable to all existing property in the Township of
Green Brook, whether developed or undeveloped, where either the owner or someone at the owner’s
direction or with the owner’s consent shall remove one or more specimen trees as hereinafter defined
from the said premises. This Ordinance shall not apply to removal of specimen trees pursuant to any
application before wither the Green Brook Planning Board or the Green Brook Board of Adjustment
pending on the effective date hereof provided the application has been deemed complete within the
meaning of N.J.S.A. 40:55D-10.3 and all filing fees and escrows relative to the same have been paid.
Also excluded from the provisions of the Tree Removal Sections is any unimproved property for
which development has been approved by action of either the Planning Board or Board of
Adjustment which approval postdates the enactment of the Ordinance known and designated as “The
Zoning Ordinance of Green Brook (1987)”
704.
OFFSITE AND OFF-TRACT IMPROVEMENTS.
Before final approval of a subdivision or site plan, the Approving Authority may require, in accordance with
the standards of this ordinance and an adopted Circulation Plan and Facilities and Open Space Plan, the
installation or the furnishing of a performance guarantee in lieu thereof, of any or all of the following offsite
and off-tract improvements which are necessary or appropriate for the protection of the public interest by
reason of the development’s effect on land other than the developers property: street improvements, water
system, sewerage, drainage facilities and easements therefore.
704.1 Essential offsite improvements.
(A)
In cases in which a development has no direct access to a public street, improved and meeting
the standards of 40:55D-34 and 40:55D-35, or in which it has no direct access to a public sanitary
sewer and does not qualify for sewage disposal by individual sewage disposal systems, the
Approving Authority may nevertheless grant final plat approval, if otherwise meeting the
requirements of this Ordinance, if the developer shall acquire, improve and dedicate to the Township
such street or sanitary sewer connection between the development and an existing improved public
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street or sanitary sewer, as the case may be. as shall be approved by the Approving Authority and the
Township Committee. Such offsite and off-tract connections shall be subject to the provisions of this
Article as if they were required improvements for the development. The dedication thereof shall be
subject to approval of the Township Attorney as to form. The provisions of this section shall be
applicable only upon the request and with the consent of the developer.
(B)
In cases in which surface or other drainage waters are to be diverted from the proposed
development into other drainage facilities, ditches or stormwater systems or onto other lands or onto
any streets or roadways, and it appears that such offsite and off-tract facilities are not adequate to
accommodate the additional waters from the site of the developer or the volume in which the waters
from the site of the developer will he discharged, or that the changes in grade one its or diversion of
surface waters there from will be likely to cause damages to other properties or facilities, so that
provision is required to extend or enlarge or create publicly controlled drainage facilities offsite or
off-tract, and the need for such additional, enlarged and/or new offsite and off-tract facilities is
occasioned by the needs of the development and the proposed development, and that the costs of such
additional, enlarged or new facilities will not be an unreasonable burden upon the developer if borne
solely by the developer in the light of the relationship of such costs to the entire project of the
developer, the Approving Authority may nevertheless grant final approval if the developer shall
acquire, improve and dedicate to the Township such enlarged, additional or new drainage facilities, as
the case may be, as shall be approved by the Approving Authority and Township Committee. Such
offsite and off tract drainage improvements shall be subject to the provisions of this Article, as if they
were required improvements within the development. The dedication thereof shall be subject to the
approval of the Township Attorney as to form. In lieu of the developers performing such offsite and
off-tract drainage work, the developer and the Township Committee may enter into an agreement for
such work to be performed by the Township or its contractors at the costs of the developer The
provisions of this section shall be applicable only upon the request and with the consent of the
developer.
(C)
Where the Approving Authority shall determine that offsite and off-tract improvements would
be essential to the development, as set forth in Subsections (A) and/or (B) above, so that the
development cannot proceed without such offsite and off-tract improvements being made as part of
the development, and the developer does not request and consent as above set forth, the application
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shall be denied without prejudice to a future application at such time as the conditions which would
make offsite and off-tract improvements essential no longer apply.
704.2 Advisable Offsite and off-tract improvements.
Where the Approving Authority finds that off site and off-tract improvements would be advisable and
would promote the objectives of this Ordinance and that the same can be most appropriately
accomplished in connection with the development, but that said offsite and off-tract improvements are
not essential to the development as set forth in either 704.1 (A) or (B), above, and particularly where the
offsite and off-tract improvements would be required to be made as a local improvement by the
Township, with the costs thereof to be assessed against all properties (including the property of the
developer) benefited thereby, then the provisions of this Section 704.2 shall apply, as follows:
(A)
At such time during the processing of the development application as the desirability of such
offsite and off-tract improvements shall become apparent to the Approving Authority, but in no event
beyond the time for action on the preliminary plat, the Approving Authority shall refer the matter of
offsite and off-tract improvements to the Township Committee, with recommendations to the
Township Committee with regard thereto.
(B)
If the Township, Committee agrees that the matter should be considered, then the Township
Engineer or other authority retained by the Township Committee for such purpose shall determine the
nature of the offsite and off-tract improvements required or likely to be required in the area,
including:
(1)
The needs created by the developer’s proposed on-site construction or work.
(2)
The then existing needs in the area, notwithstanding any work of developer.
(3)
The reasonably anticipated improvements or foreseeable work on other lands in the area.
(C)
Said Engineer or other authority shall determine the total estimated costs of such estimated
work, including all costs which would be included in any local improvement ordinance which said
Township would be authorized to adopt for said project, and including construction costs,
engineering costs, costs of any easement or right-of-way acquisition, legal and advertising costs,
contingencies and bonding and assessment costs, and costs of temporary financing.
(D)
Said Engineer or other authority shall further determine, from the nature of the area and the
nature of the work and estimated costs, the anticipated amount that the lands of the developer would
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be expected to be assessed under local improvement procedures pursuant to N.J.S.A. 40:56-21 et
seq., as the same may be amended and supplemented, agreement between the developer and the
Township concerning the uses of same, which shall include the following stipulations: that said funds
shall be used by the Township solely for the construction of such offsite and off-tract improvements
as specified in said agreement and for the other expenses incidental thereto, as more particularly set
forth in Subsection (C) above, and the acquisition of any easements or rights-of-way in connection
therewith; that such deposit may be appropriated by the Township, with other funds of the Township,
toward the accomplishment of such purposes, and is that connection maybe commingled with such
other funds so appropriated and may be expended by the Township in connection with such purposes;
that if such deposit is not used by the Township within a specified time agreed upon by the developer,
said funds shall be returned to the developer; that upon completion of the work by the Township or
its contractors, the properties specially benefited by such improvement shall be assessed as provided
by law, including the property of developer; that such deposit of developer shall be credited against
the assessment made upon developers property (whether or not developer is then the owner thereof),
and that if such deposit shall have been less than the amount ultimately assessed and confirmed
against such property, then the then owner or owners of said property shall pay the difference
between the deposit and such assessment, or if the deposit shall exceed the amount so assessed and
confirmed, the excess shall be refunded to the developer, without interest.
(E)
In any case where although the offsite and off-tract improvements may not be found to be the
type of essential offsite and off-tract improvements as defined in Subsection 704.1 (A) or (B) hereof,
said offsite and off-tract improvements are found by the Approving Authority to be advisable and
important to the sound development of the site, and the Township Committee has concurred in said
findings and has determined to proceed in accordance with Subsection 704.2 (11) hereof, particularly
704.2 (11) (2) (a) and (b) above, but the developer is unwilling to make such deposit as specified
there under, then and in that event there shall be no final approval of said development until funds
become available for the initial appropriation required to adopt the local improvement ordinance. The
determination of priority of Township funds and availability thereof for such appropriation is a
legislative function of the Township Committee.
(F)
The determination of the availability of Township funds for appropriation to a local
improvement ordinance shall be in the sole discretion of the Township Committee. mented from time
to time.
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(G)
The Engineer or other authority shall report to the Township Committee the scope of the
recommended project, the estimated total costs, as computed under (C) above, and the estimated
share of the developer, as computed under (D) above.
(H)
Based upon the report of the Engineer or other authority as aforesaid, and the
recommendation of the Approving Authority, the Township Committee shall determine whether to
undertake such offsite and off-tract improvements or portions thereof as a local improvement, the
cost of which will be specially assessed against properties specially benefited thereby in proportion to
and not in excess of the benefits received pursuant to Chapter 56, Title 40 of the Revised Statutes of
New Jersey.
(I)
If the determination of the Township Committee shall be that it will not adopt such ordinance
for the making of such improvements as a local improvement, the final development layout shall be
designed accordingly, and the Approving Authority shall base its further proceedings upon such
determination.
(J)
If the determination, of the Township Committee shall be to proceed to adopt such local
improvement ordinance, it shall proceed in the following manner
(1)
If sufficient township funds are available to the initial appropriation required for said
ordinance, the Township Committee may proceed to appropriate such funds and adopt such
ordinance, and all subsequent proceedings for the making and for the assessment of the costs of
the offsite and off-tract improvements shall be in accordance with such ordinance and the
aforesaid statutes of New Jersey, and the final development layout shall be compatible with the
offsite and off-tract improvements and the Approving Authority shall proceed accordingly.
(2)
If sufficient township funds are not available for the initial appropriation required for said
ordinance, the Township Committee may determine the anticipated amount that the lands of the
developer would be expected ‘to be assessed, accepting the recommendation of the Township
Engineer, or other authority under (D), above, or making its own determination as to such
estimated amount.
(a)
The amount so determined by the Township Committee shall then be deposited by the
developer with the Township Treasurer prior to final approval of the development and prior to
introduction of such local improvement ordinance.
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(b)
Such deposit shall be made concurrent with an
(K)
The determination of the Township Committee as to whether to proceed toward the adoption
of a local improvement ordinance under Subsection 704.2 (I) or 704.2 (J) above shall be made as
soon as practicable after referral by the Approving Authority, but in any case the Township
Committee shall make such determination within forty (40) days after the referral and
recommendation of the Approving Authority, unless such time shall be extended by the consent of
the developer. If no such determination shall be made within such forty (40) day period of within
such time as extended, the Approving Authority may proceed as if the Township Committee had
determined that it would not adopt such local improvement ordinance.
705.
EASEMENTS
705.1
Flood plain and conservation easements shall be indicated on the preliminary and final plats
and shown in such a manner that their boundaries can be accurately determined.
705.2
The removal of trees and ground cover shall be prohibited in a conservation easement or flood
plain except for the following purposes: the removal of dead or diseased trees; limited thinning of trees
and growth to encourage the most desirable growth; and the removal of trees to allow for structures
designed to impound water or in areas to be flooded in the creation of ponds or lakes.
705.3
The boundary line of any easement shall be monumented at its intersection with all existing or
proposed street lines. Such easement dedication shall be expressed on the plat as follows: “___________
easement granted to the Township of Green Brook as provided for in the Land Development Ordinance
of the Township of Green Brook.”
705.4
Whenever the internal grading of a lot is part of the design of the drainage or storm water
system, as by swale, berm, or other topographical feature designed to intercept or direct waters, the same
shall be designated as an easement on the map to be filed, or shall be dedicated by recorded instrument,
in such a way as to give notice to future owners of said property and to insure continued maintenance of
such drainage feature.
705.5
Easement width shall be as recommended by the Township Engineer, and may involve both
permanent and temporary areas. As a general rule, no permanent drainage easement shall be less than
twenty (20') feet in width.
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705.6
Where storm drains, sewers, utilities or any other rights-of-way or easements are to be located
on lands within the subdivision other than within the roads to be dedicated to the public, said easements
and rights-of-way shall be shown upon the plats, and, in addition thereto, shall be described in a separate
instrument, approved by the Township Attorney, to be recorded setting forth the terms thereof.
705.7
Developments that propose the use of non-structural stormwater management techniques, (i.e.
swales, disconnection of impervious coverage, vegetative buffers, wooded areas, etc.) shall dedicate
conservation easements and access easements to the Township and/or Homeowners Association, subject
to the approval of the Approving Authority, for their continued maintenance.
705.8
No structures may be erected within a dedicated easement with the exception of fences, which
are permitted in all easements except conservation, right of way, and sight easements, provided that they
do not utilize concrete footings. Additional restrictions may be placed upon a dedicated easement by the
Approving Authority in the best interest of the Township and to protect public health and safety.
705.9 Developments with areas designated as Steep Slopes shall dedicate conservation easements to the
Township, subject to the approval of the Township Committee.
705.10 All areas designated as Riparian Zones shall have a dedicated conservation easement prohibiting
the removal of vegetation and disturbance of soil. The easement restrictions shall not prohibit the
removal of hazardous trees or routine maintenance by the property owner to insure the protection of the
Riparian Zones.
706.
BIKEWAYS
Bikeways shall be required in the Approving Authority’s discretion, depending on the probable volume of of
bicycle traffic, the development’s location in relation to other populated areas or its location with respect to
any over all bike route planning adopted by the Planning Board. Bicycle traffic should he separated from
motor vehicle and pedestrian traffic as much as possible. Bikeways should generally not exceed a grade of
three percent (3%), except for short distances, and they should be a minimum of five (5') feet wide for one-
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way travel, and eight (8) feet wide for two-way travel. Bikeways shall have a minimum four inch base of
gravel, crushed stone or slag on the subgrade and a two-inch FABC-s surface course. Bikeways designated
for one-way travel shall only be located along streets. Minimum width for bikeways built in locations other
than along streets is eight (8') feet.
707.
LOTS IN ALL SUBDIVISIONS.
707.1 Lots shall conform to the requirements of the Zoning Ordinance, and insofar as is practical side
lot lines shall be either at light angles or radial to street lines.
707.2 Each lot must front upon an approved public street, which street right-of-way is at least fifty (50')
feet in width. Through lots with frontage on two (2) streets, will be permitted only under the following
conditions:
(a)
Where the lot abuts an arterial or collector street;
(b)
Where the length of the lot between both streets is of such length that future division of the lot
into two (2) lots is improbable; and
(c)
Where access shall be to one (1) street only, which street shall he the one with the lower
traffic function, and the portion of the lot abutting the other street shall be clearly labeled on the plat
and in any deed that street access is prohibited.
707.3 Where extra width has either been dedicated or provided for widening of existing streets, lot shall
begin at such new street lime and all setbacks shall be measured from such line.
708.
LIGHTING
a.
Street Lighting shall be of a style and number specified by the Approving Authority and may
be required at all roadway intersections, cul-de-sacs, and elsewhere as deemed necessary for
safety reasons. The cost of all equipment and installation of said street lights shall be borne
by the developer.
b.
All parking areas, driveways, walkways, building entrances, loading areas, storage areas, and
similar locations serving multi-family residential and nonresidential uses shall be adequately
illuminated for safety and security purposes. In these areas, a minimum average lighting
intensity of 0.3 footcandle and a maximum average lighting intensity of 1.0 footcandle shall
be provided.
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c.
All outdoor lighting shall be arranged and shielded so as to minimize undesirable lighting
impacts such as glare, driver distraction, unnecessary illumination and night glow. This shall
be achieved through the use of downward illuminating, translucent fixtures and shielding. Flat
lenses shall be used on all lighting fixtures; convex and prismatic lenses are prohibited.
d.
All outdoor lighting shall be shown on a site plan in sufficient detail to allow determination of
the effects at the property line and on nearby streets, driveways, residences and overhead sky
glow. A point-by-point analysis of the lighting intensity at 10’ intervals shall be submitted
with the application utilizing a lighting loss factor of 0.75 measured at the ground. 1.0
footcandle and 0.5 footcandle isolux trace patterns shall be identified on the plan. Details and
specifications for the fixtures intended for use shall be shown on the plan.
e.
Interior building lighting that illuminates any exterior area through building openings and
windows shall conform to the requirements of this section and shall be included in the
calculation for overall minimum and maximum lighting intensity on the site.
f.
The maximum intensity of lighting at the property line shall be 0.5 footcandle.
g.
No light fixture shall provide a mounting height in excess of twenty five (25’) feet.
h.
Automatic shut-off or dimming devices shall be required for all light fixtures after 10:00pm,
or one-half hour after the closing of any non-residential use, whichever is later, with the
exception of security lighting.
i.
Lights utilizing red, amber, or green lighting shall not be permitted and any colored lighting to
be used shall be reviewed by the Chief of Police with regard to possible interference by
drivers with recognition of traffic signals.
j.
All lighting plans shall be subject to a post-development lighting inspection by the Township
Engineer.
k.
The approving Authority shall reserve the right to modify lighting requirements or impose
additional lighting requirements after due consideration of the size and type of the proposed
development; the location and intensity of nearby street lighting, and the nature of
surrounding land uses.
709.
LOCATION SURVEY.
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No construction work whatsoever, beyond that of the foundation of a building or structure may be proceeded
with until the Construction Official shall have approved the location and construction of such foundation,
and no back-filling of, or around, any foundation to be hereafter constructed shall be made until the approval
hereby required shall have been obtained.
No approval of the building or structure shall be given by the Construction Official, or any person authorized
to act in his behalf, unless and until an accurate survey, showing the actual physical location of such
foundation shall have been presented to and filed in the office of the Enforcing Agency, and found by the
Construction Official to conform in all respects with the requirements and provisions of this Ordinance, with
the State Uniform Construction Code, and with the requirements and provisions of the Zoning Ordinance, or
of any resolution of the Approving Authority applicable thereto.
No location survey required as aforesaid shall be accepted for filing in the office of the Enforcing Agency
unless it shall have been made by an authorized licensed professional of the State of New Jersey, and shall
bear the official seal. See Section 107.
710.
COMPLIANCE WITH OTHER ORDINANCES.
The enumeration of ordinances and statutes herein shall not relieve any developer from complying with all applicable
ordinances or statutes which may be in effect at the time of his application for final approval or the granting thereof.
711.
DRIVEWAYS AND ACCESSWAYS
a.
The maximum number of driveway openings permitted from a residential lot shall be
two (2).
b.
Each driveway shall be constructed with suitable and adequately designed drainage
facilities. Wherever possible, driveway drainage shall be directed into natural drainage
channels away from the public road. Driveway drainage may be connected with existing
drainage facilities within the municipal roadway, if approved by the Township Engineer,
provided that said connection does not interfere with existing drainage or cause erosion or
deposits of sediment in the municipal drainage system. Driveway drainage systems shall
not discharge onto adjoining properties if erosion or sediment damage or flooding would
be caused and shall not discharge onto the paved or traveled portion of any public right-
of-way. Drainage shall be provided along the entire length of the driveway so that flows
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do not “build up”. The use of pervious paving materials to minimize stormwater runoff
and to promote groundwater recharge is encouraged.
c.
All driveways shall be constructed in profile, grading, and location to provide for
adequate, sight distance measured from a point within the driveway located ten feet (10’)
behind the road edge at a height of three and a half (3 ½’) to a point “Y” distant measured
four and a quarter feet (4 ¼’) above the road center line in accordance with the following
chart:
Road Design Speed
Required Y
(mph)
(feet)
50
475
40
325
51
35 250
52
30 200
25
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d.
Emergency Services Approval. Emergency services may required, in certain
circumstances, additional work related to driveway construction such as, but not limited
to, graded areas for turnarounds or parking, guide rails, additional driveway width, etc.
The Township Engineer may refer any application to emergency services for
recommendations. The requirements imposed thereby will be binding upon the applicant.
e.
The portion of any driveway within the road right-of-way shall be constructed so that the
grade at a point 25 feet from road centerline is not less than six (6) inches nor more than
six (6) inches above the edge of the existing pavement or traveled way. No part of the
grade of any driveway shall exceed at any point, the slope of 10% for gravel driveways,
nor exceed the slope of 14% for paved driveways.
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f.
Where driveways are curbed and drain over 2,000 square feet of impervious surface,
provisions must be made for driveway drainage to be disposed of and not discharged onto
the adjoining road.
g.
Curbing may not extend closer than 15 feet from adjoining road centerline without
approval from the approving authority.
h.
Single-family residential driveways shall have a minimum width of twelve (12) feet and a
maximum driveway width of twenty four (24) feet at the curbline of a public street.
i.
All driveways shall be constructed and maintained at all times in such a manner as to
prevent erosion of soil and materials from them and the land behind them. Water and silt
shall be prevented from running onto and accumulating upon the traveled way of
municipal roads or filling up road gutters, catch basins, inlets or pipe drains with sediment
or debris.
j.
When a site or lot occupies a corner formed by two (2) intersecting roads, no driveway
entrance or exit shall be located within fifty (50’) feet of the point of intersection of the
intersecting streets right of ways.
k.
All driveways within the Township right-of-way or within twenty-five (25’) feet of
the centerline of the road, whichever is greater, should be constructed of Hot Mix
Asphalt. In the event the Township or any public utility damages or disturbs said driveway
area, the Township or public utility shall restore the area with Hot Mix Asphalt only,
regardless of the materials existing in the area at the time of damage or disturbance.
Property owners desiring to install concrete pavers, concrete or any other materials in said
driveway area may do so at their sole cost, expense and risk without recourse against the
Township or public utility.
l.
For new driveways and modifications to existing driveways not associated with a building
permit, a driveway permit must be obtained from the Zoning Officer.
712
Refuse and Recycling Storage
a.
Refuse and recycling storage areas shall be provided in all multifamily residential and non-
residential uses. Said area shall be suitably dimensioned to accommodate all on-site
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storage receptacles, and shall be designed to provide separate areas for refuse and
recyclable materials.
b. All refuse and recycling storage areas shall be located atop a reinforced concrete pad at
least six inches (6”) thick, and shall be surrounded by a six foot (6’) high solid fence of
appropriate material.
c. All refuse storage areas that enclose multiple dumpsters shall be provided with a separate
man-door or 3’ wide opening for access.
d. No refuse and recycling storage areas shall be permitted in a front yard, nor shall any such
storage area be permitted to obstruct access to parking stalls, driveways, or building
entrances. All refuse and recycling storage areas shall be set back at least fifty (50’) from
all property lines abutting a residential zone.
e. All refuse and recycling shall be stored within an enclosed container in a manner where it
will not be transferred out, directly or indirectly, by natural forces such as precipitation,
evaporation, or wind.
f. All refuse and recycling storage areas shall be landscaped in a manner that sufficiently
screens the view of the area from any public right of way and residential property.
Landscaping may include berms, fencing, walls, or vegetative buffers as required by the
Approving Authority.
713
Natural Features
a.
Natural features such as trees, views, natural terrain, and water bodies shall be preserved
whenever possible in any development. During the design, planning, and construction of
any development, a conscious effort shall be made to preserve existing vegetation on the
site. The Approving Authority may, at its discretion, require special vegetation protection
techniques, including snow fencing, to minimize site disturbance during construction.
b. Where a conscious effort is made to preserve existing natural features, the Approving
Authority may reduce the landscaping requirements of this Ordinance to reflect the
existing trees and woodland retained as part of the site development.
714
Lot Grading
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a.
For the purpose of this Section, the term “development” shall mean the construction,
reconstruction, or relocation of any residential structure; the importing, removal, or re-
distribution of soil on a property of more than 20 cubic yards, the enlargement of a
residential structure resulting in a land disturbance of 500 s.f. or more; the construction or
placement of an accessory structure on a residential lot resulting in a land disturbance of
500 s.f. or more; and/or the construction of an in-ground swimming pool on a residential
lot.
b. Individual lot grading plans prepared by a licensed Professional Engineer in the State of
New Jersey shall be submitted prior to the issuance of a building permit is required along
with the payment of an appropriate fee as required by Article 11 of this Ordinance. This
requirement may be waived by the Township Engineer if it can be adequately shown that
the lot grading will not alter the natural flow of stormwater.
c.
In the case of an individual lot that was previously approved as part of an overall
development plan, nothing contained herein shall prohibit the Township Engineer from
requiring a new overall grading plan to be submitted for review and approval. If the
revised grading plan substantially deviates from the prior approval, the applicant will be
required to seek the approval of the applicable board.
d. All grading shall be performed in a manner that will result in no adverse impact to adjacent
properties. Whenever possible, the rear yard shall drain overland to the street through side
yard swales on either side of the house, located on the common property lines with
adjoining lots, and the front yard shall drain directly to the street. Rear yard areas may be
collected in a system of interior yard inlets and piping designed in accordance with
accepted standards connected to the municipal storm water drainage system. Yard areas
may drain overland onto adjoining properties only as permitted by right (i.e. no net
increase in rate or volume of runoff; manner of flow; or via an acceptable easement).
e. No more than three (3) lots in a row shall be allowed to drain through a swale unless
protected by a drainage easement.
f. The minimum slope for swales, lawns and disturbed areas shall be two percent (2%).
g. Slopes shall not be steeper than three (3) horizontal to one (1) vertical.
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h. No grading shall occur within five (5) feet of a property line unless necessary to direct
drainage off or onto the property, and then into acceptable drainage features.
i. Retaining walls over four (4’) feet in height must be designed and reviewed by the
Township Engineer. Retaining walls are considered fences and must comply with the
setback and height limitation imposed in Article 10 of the Zoning Ordinance.
j. Final Survey (As-built Plans). A final Certificate of Occupancy shall not be issued until the
applicant submits an accurate final survey to the Township Engineer for approval. The
final as-built must be prepared by a licensed Land Surveyor in the State of New Jersey.
The purpose of the final as-built survey is to ensure that the lot grading is in substantial
conformance to the approved plan and that the lot grading complies with this section of the
Ordinance.
§ 715 STEEP SLOPE
§ 715.1
PURPOSE
The purpose of this ordinance is to regulate the intensity of use in areas of steeply sloping terrain in order to
limit soil loss, erosion, excessive stormwater runoff, the degradation of surface water and to maintain the
natural topography and drainage patterns of land.
§ 715.2
INTENT
It is the intent of this ordinance to provide compliance with N.J.A.C.7:15-5.25(g)6, as it exists at the time of
the adoption of this ordinance, which requires municipalities to adopt an ordinance protecting steep slopes
from new disturbances.
§ 715.3
BACKGROUND
Disturbance of steep slopes results in accelerated erosion processes from stormwater runoff and the
subsequent sedimentation of waterbodies with the associated degradation of water quality and loss of aquatic
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life support. Related effects include soil loss, changes in natural topography and drainage patterns, increased
flooding potential, further fragmentation of forest and habitat areas, and compromised aesthetic values. It has
become widely recognized that disturbance of steep slopes should be restricted or prevented based on the
impact disturbance of steep slopes can have on water quality and quantity, and the environmental integrity of
landscapes.
§ 715.4
APPLICABILITY
This ordinance shall be applicable to new development or land disturbance on a steep slope within the
Township of Green Brook.
§ 715.5
DEFINITIONS
The following definitions shall apply solely to this section of the ordinance:
“Disturbance” means the placement of impervious surface, the exposure or movement of soil or bedrock, or
the clearing, cutting, or removing of native vegetation.
“Impervious surface” means any structure, surface, or improvement that reduces or prevents absorption of
stormwater into land, and includes porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated
structures, and other similar structures, surfaces, or improvements.
“Native Vegetation” means any vegetation that exists naturally, without intervention by humans, in a specific
geographic area. Also, vegetation that would exist naturally in an area if not for human intervention. Plants
that are not geographically native to the area, that may have been introduced into the area, either
intentionally or accidentally, are not considered to be native.
“Redevelopment” means the construction of structures or improvements on areas which previously contained
structures or other improvements.
“Steep Slopes” means any slope equal to or greater than 20 percent as measured over any minimum run of 10
feet. Steep slopes are determined based on contour intervals of two feet or less.
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§ 715.6
DESIGNATION OF AREAS
The percent of slope (rise in feet per horizontal distance) shall be established by measurement of distance
perpendicular to the contour of the slope. The percent of slope shall be calculated for each two-foot contour
interval. For example, any location on the site where there is a one-foot rise over a 10-foot horizontal run
constitutes a 10 percent slope; a 1.5 foot rise over a 10-foot horizontal run constitutes a 15 percent slope; a
two-foot rise over a 10-foot horizontal run constitutes a 20 percent slope.
§ 715.7
STEEP SLOPE LIMITS
For steep slopes any disturbance shall be prohibited except as provided below:
1.
Redevelopment within the limits of existing impervious surfaces; and
2.
New disturbance necessary to protect public health, safety or welfare, such as necessary linear
development with no feasible alternative; to provide an environmental benefit, such as remediation of a
contaminated site; to prevent extraordinary hardship on the property owner peculiar to the property; or to
prevent extraordinary hardship, provided the hardship was not created by the property owner, that would not
permit a minimum economically viable use of the property based upon reasonable investment. For example,
redevelopment, within the footprint of existing impervious cover should be allowed to support efforts to
revitalize development that has fallen into disrepair.
The applicant shall demonstrate through site plans depicting proposed development and topography that new
disturbance is not located in areas with a 20 percent or greater slope.
§ 715.8
DISTURBANCE LIMITS IN OTHER THAN STEEP SLOPE AREAS
1.
The disturbance limits in other than steep slope areas shall be as follows:
a.
The maximum land disturbance, in terms of area, allowed in slope areas between 15.0% and 19.9%
shall be 20%. For example, if the area of a lot with slope areas between 15.0% and 19.9% is 5,000 square
feet, 1,000 square feet of the slope areas between 15.0% and 19.9% may be disturbed.
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b.
The maximum disturbance, in terms of area, allowed in slope areas between 0% and 14.9% shall be
as limited by the site development standards pertinent to the zone in which the property lies.
c.
Site design and grading on slopes greater than 15% shall provide the minimum disruption of view
corridors and scenic vistas and shall preserve significant natural topographic features, to the greatest extent
practicable, including ridgelines, to the extent that any portion of the ridgeline is within the regulated steep
slope area. Roads and driveways shall follow the natural topography to the greatest extent practicable to
minimize the cutting and grading of critical slope areas.
2.
The following shall be exempt from the provisions of this section:
a.
Projects on existing lots with one (1) single-family dwelling unit, existing or permitted to be built at
the time of the effective date of this ordinance, involving a gross area of disturbance of less than 3,000
square feet, provided that the existing dwelling unit is maintained or replaced;
b.
Land development plans which were approved prior to the effective date of this ordinance;
c.
Redevelopment within the limits of existing impervious surfaces; and
d.
New disturbance necessary to protect public health, safety or welfare, such as necessary linear
development with no feasible alternative; to provide an environmental benefit, such as remediation of a
contaminated site; to prevent extraordinary hardship on the property owner peculiar to the property; or to
prevent extraordinary hardship, provided the hardship was not created by the property owner, that would not
permit a minimum economically viable use of the property based upon reasonable investment. For example,
redevelopment, within the footprint of existing impervious cover should be allowed to support efforts to
revitalize development that has fallen into disrepair.
§ 715.9
SPECIAL EXEMPTIONS
Should it be necessary to grant relief from the prohibitions or limitations of this Ordinance to permit a
driveway/roadway crossing or utility construction where no other means of access or provision for utilities to
a property exists or can be provided, such variance relief may be granted upon satisfaction of the burden of
proof required by the Land Use Board, but only to the minimum extent needed to afford access and only if
such relief does not involve the disturbance of any slopes over thirty-five (35) percent, and further provided
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the location and design of the driveway or utility crossing and of any mitigation measures necessitated by the
clearance of native vegetation and/or re-grading of are in strict conformance with the standards established
by the Township Engineer.
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ARTICLE 8
GUARANTEES AND INSPECTIONS
801.
PERFORMANCE GUARANTEES
(A) General. The developer shall furnish a performance guarantee in favor of the municipality in an
amount not to exceed 120% of the cost of installation of only those improvements required by an
approval or developer’s agreement, ordinance, or regulation to be dedicated to the public entity, and that
have not yet been installed, which cost shall be determined by the municipal engineer, according to the
method of calculation set forth in N.J.S.A. 40:55D-53.4, for the following improvements as shown on
the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, street lighting, street trees,
surveyor's monuments, as shown on the final map and required by "the map filing law," N.J.S.A. 46:23-9.9
et seq.; repealed by section 2 of P.L.2011, c.217) or N.J.S.A. 46:26B-1 through N.J.S.A. 46:26B-8,
water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open
space, and any grading necessitated by the preceding improvements. The municipal engineer shall prepare
an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost
estimate shall be appended to each performance guarantee posted by the obligor.
(B) Privately-owned perimeter buffer landscaping. The performance guarantee shall include, within
an approved phase or section of a development, privately-owned perimeter buffer landscaping, as required
by ordinance or imposed as a condition of approval. At the developer’s option, a separate performance
guarantee may be posted for the privately-owned perimeter buffer landscaping.
(C) Temporary Certificate of Occupancy Bond. In the event that the developer shall seek a temporary
certificate of occupancy for a development, unit, building, or phase of development, as a condition
of the issuance thereof, the developer shall, furnish a separate guarantee, referred to herein as a
“temporary certificate of occupancy bond,” in favor of the municipality in an amount equal to 120% of the
cost of installation of only those improvements or items which remain to be completed or installed under the
terms of the temporary certificate of occupancy and which are required to be installed or completed as a
condition precedent to the issuance of the permanent certificate of occupancy for the development, unit,
building or phase of development. Upon posting of a “temporary certificate of occupancy bond,” all sums
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remaining under a performance guarantee, required pursuant to 801 (A) which relate to the development,
unit, building, or phase of development for which the temporary certificate of occupancy is sought, shall be
released. At no time shall the municipality hold more than one guarantee or bond of any type with respect
to the same line item. The temporary certificate of occupancy bond shall be released upon the issuance of a
permanent certificate of occupancy with regard to the development, unit, building, or phase as to which the
temporary certificate of occupancy relates.
(D) Safety and Stabilization Bond. In addition to a performance guarantee required pursuant to 801 (A),
a developer shall furnish to the municipality a separate guarantee, referred to herein as a “safety and
stabilization bond,” in favor of the municipality, to be available to the municipality solely for the purpose
of returning property that has been disturbed to a safe and stable condition or otherwise
implementing measures to protect the public from access to an unsafe or unstable condition, only in
the circumstance that:
(1) site disturbance has commenced and, thereafter, all work on the development has ceased for a
period of at least 60 consecutives days following such commencement for reasons other than
force majeure, and
(2) work has not recommenced within 30 days following the provision of written notice by the
municipality to the developer of the municipality’s intent to claim payment under the bond.
(3)The municipality shall not provide notice of its intent to claim payment under a “safety and
stabilization bond” until a period of at least 60 days has elapsed during which all work on the
development has ceased for reasons other than force majeure. The municipality shall provide
written notice to a developer by certified mail or other form of delivery providing evidence of
receipt.
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(4) The amount of a “safety and stabilization bond” for a development with bonded improvements in
an amount not exceeding $100,000 shall be $5,000.
(5) The amount of a “safety and stabilization bond” for a development with bonded improvements
exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the
development or phase of development as follows: $5,000 for the first $100,000 of bonded
improvement costs, plus two and a half percent of bonded improvement costs more than $100,000
up to $1,000,000, plus one percent of bonded improvement costs more than $1,000,000.
(E) Extension of Time. The time allowed for installation of the improvements for which the
performance guarantee has been provided may b e extended by the governing body by resolution.
As a condition or as part of any such extension, the amount of any performance guarantee shall be
increased or reduced to an amount not to exceed 120% of the cost of the installation, which cost shall be
determined by the municipal engineer according to the method of calculation set forth in N.J.S.A. 40:55D-
53.4 as of the time of the passage of the resolution.
(F) Liability. If the required bonded improvements are not completed or corrected in accordance with the
performance guarantee, the obligor and surety, if any, shall be liable thereon to the municipality for the
reasonable cost of the improvements not completed or corrected and the municipality may either prior to
or after the receipt of the proceeds thereof complete such improvements. Such completion or correction
of improvements shall be subject to the public bidding requirements of the "Local Public Contracts Law,”
N.J.S.A. 40A:11-1 et seq.
(G) Request for List of Uncompleted or Unsatisfactory Completed Improvements. Upon substantial
completion of all required street improvements (except for the top course) and appurtenant utility
improvements, and the connection of same to the public system, the obligor may request of the governing
body in writing, by certified mail addressed in care of the municipal clerk, that the municipal engineer
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prepare, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to
the performance guarantee pursuant to 801 (A), a list of all uncompleted or unsatisfactory completed
improvements. If such a request is made, the obligor shall send a copy of the request to the municipal
engineer. The request shall indicate which improvements have been completed and which improvements
remain uncompleted in the judgment of the obligor. Thereupon the municipal engineer shall inspect all
bonded improvements covered by obligor's request and shall file a detailed list and report, in writing, with
the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after
receipt of the obligor's request. The list prepared by the municipal engineer shall state, in detail, with respect
to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the
incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the
unsatisfactory state of each completed improvement determined to be u n s a t i s f a c t o r y . The report
prepared by the municipal engineer shall identify each improvement determined to be complete and
satisfactory together with a recommendation as to the amount of reduction to be made in the performance
guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost
estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to 801
(A).
(H) Action by Governing Body. The governing body, by resolution, shall either approve the bonded
improvements determined to be complete and satisfactory by the municipal engineer, or reject any or all of
these improvements upon the establishment in the resolution of cause for rejection, and shall approve
and authorize the amount of reduction to be made in the performance guarantee and the “safety and
stabilization bond” relating to the improvements accepted, in accordance with the itemized cost estimate
prepared by the municipal engineer and appended to the performance guarantee pursuant to 801 (A). This
resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the
m u n i c i p a l e n g i n e e r . Upon adoption of the resolution by the governing body, the obligor shall be
released from all liability pursuant to its performance guarantee and “safety and stabilization bond,” with
respect to those approved bonded improvements, except for that portion adequately sufficient to secure
completion or correction of the improvements not yet approved; provided that 30% of the amount of the
total performance guarantee and “safety and stabilization bond” posted may be retained to ensure
completion and acceptability of all improvements. For the purpose of releasing the obligor from liability
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pursuant to its performance guarantee and “safety and stabilization bond, ” the amount of the performance
guarantee and “safety and stabilization bond” attributable to each approved bonded improvement shall be
reduced by the total amount for each such improvement, in accordance with the itemized cost estimate
prepared by the municipal engineer and appended to the performance guarantee pursuant to subsection a. of
this section, including any contingency factor applied to the cost of installation. If the sum of the approved
bonded improvements would exceed 70 percent of the total amount of the performance guarantee, then the
municipality may retain 30 percent of the amount of the total performance guarantee and “safety and
stabilization bond” to ensure completion and acceptability of all improvements, as provided above, except
that any amount of the performance guarantee attributable to bonded improvements for which a “temporary
certificate of occupancy bond” has been posted shall be released from the performance guarantee even if
such release would reduce the amount held by the municipality below 30 percent. If any portion of the
required improvements is rejected, the approving authority may require the obligor to complete or correct
such improvements and, upon completion or correction, the same procedure of notification, as set forth in
this section shall be followed.
802.
MAINTENANCE GUARANTEES
The developer shall post with the municipality, prior to the release of a performance guarantee required
pursuant to 801 (A) or 801 (B) or both 801 (A) and (B)a maintenance guarantee in an amount not to
exceed 15% of the cost of the installation of the improvements which are being released.
(A)
Amount of Maintenance Guarantee. The developer shall post with the municipality, upon
the inspection and issuance of final approval of the following private
site improvements by the
municipal engineer, a maintenance guarantee in an amount not
to exceed 15% of the cost of the
installation of the following private site improvements: s tormwater management basins, in-flow and
water quality structures within the basins, and the out-flow pipes and structures of the stormwater
management system, if any, which cost shall be determined according to the method of calculation set
forth in
N.J.S.A. 40:55D-53.4.
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(B)
Term. The term of the maintenance guarantee shall be for a period not to exceed two
years and shall automatically expire at the end of the established term.
803.
ENGINEERING INSPECTION FEES
The obligor shall reimburse the municipality for reasonable inspection fees paid to the municipal engineer
for the foregoing inspection of improvements: which fees shall not exceed the sum of the amounts set forth
in subparagraphs (A) and (B) of this paragraph. The developer shall post the inspection fees in escrow in an
amount:
(A) not to exceed 5% of the cost of bonded improvements that are subject to a performance
guarantee under 801 (A) or 801 (B) or both 801 (A) and (B); and
(B) not to exceed 5% of the cost of private site improvements that are not subject to a performance
guarantee under 801 (A), which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.
803.1
INSTALLMENTS
For those developments for which the inspection fees total less than $10,000, fees may, at the option of the
developer, be paid in two installments. The initial amount deposited in escrow by a developer shall be 50%
of the inspection fees. When the b a l a n c e on deposit drops to 10% of the inspection fees because the
amount deposited by the developer has been reduced by the amount paid to the municipal engineer for
inspections, the developer shall deposit the remaining 50% of the inspection fees. For those developments
for which the inspection fees total $10,000 or greater, fees may, at the option of the developer, be paid in
four installments. The initial amount deposited in escrow by a developer shall be 25% of the inspection fees.
When the b a l a n c e on deposit drops to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the municipal engineer for inspection, the developer shall
make additional deposits of 25% of the inspection fees.
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803.2
REQUEST FOR ADDITIONAL DEPOSIT
If the municipality determines that the amount in escrow for the payment of inspection fees, as calculated
pursuant to subparagraphs (A) and (B) of 803 of this subsection, is insufficient to cover the cost of
additional required inspections, the municipality may require the developer to deposit additional funds
in escrow provided that the municipality delivers to the developer a written inspection escrow deposit
request, signed by the municipal engineer, which: informs the developer of the need for additional
inspections, details the items or undertakings that require inspection, estimates the time required for those
inspections, and estimates the cost of performing those inspections.
804.
RESERVED
805.
RESERVED
806.
PRE-CONSTRUCTION CONFERENCE
Prior to beginning construction, the developer shall arrange for a pre-construction conference between the
developer, contractor, and Township Engineer. All improvements and utility installations shall be inspected
during the time of their installation under the supervision of the Township Engineer to insure satisfactory
completion. The Township Engineer shall be notified by the developer three (3) working days in advance of
the start of construction.
Section 2. This Ordinance shall be construed so as not to conflict with any provision of New Jersey or
Federal law. The provisions of this Ordinance shall be cumulative with, and not in substitution for, all other
applicable zoning, planning, and land use regulations. All other ordinances or other local requirements that
are inconsistent or in conflict with this Ordinance are hereby repealed to the extent of any inconsistency or
conflict, and the provisions of this Ordinance shall apply.
Section 3. If any provisions of this Ordinance shall be adjudged invalid, such adjudication shall not affect
the validity of the remaining provisions, which shall be deemed severable therefrom.
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Section 4. After introduction, the Township Clerk is hereby directed to provide a copy of the within
Ordinance to the Land Use Board of the Township of Green Brook for its review in accordance
with N.J.S.A. 40:55D-26 and N.J.S.A.40:55D-64. The Land Use Board is directed to make and transmit to
the Township Committee within 35 days after referral, a report including identification of any provisions in
the proposed Ordinance which are inconsistent with the Master Plan and recommendations concerning any
inconsistencies and any other matter as the Board deems appropriate.
Section 5. This Ordinance shall take effect immediately upon its adoption, passage and publication
according to law.
807.
Performance of Work.
807.1 In no case shall any work be done without permission from the Township Engineer prior to any
such construction so that a representative of the Township Engineer’s office may be present at the time
the work is to be done. Prior to the installation of improvements, cut sheets identifying field control
points shall be submitted to the Township Engineer. At least one (1) up-to-date, complete, “approved for
construction” set of plans is to be maintained at the site of the work, available for inspection by
contractors, subcontractors, materials men and the township inspector during normal working hours.
807.2 Construction procedures, safety equipment and site conditions shall provide for the safety of all
personnel, are the continuing responsibility of the owner and shall fully comply with the provisions of the
Federal Occupational Safety and Health Act (OSHA) and the State Safety Code, particularly as they
relate to excavations, sheeting, shoring, pumping and baling.
807.3 All materials shall be new, free of defects, protected and stored in a safe manner prior to
incorporation in the work. The exterior of all structural elements, including pipe materials, shall be
clearly marked with the name of the manufacturer or trademark, strength class and standard, date and
location of manufacture.
807.4 No underground facilities or materials shall be installed until the trench or general excavation
subgrade and materials have been inspected and approved by the Township Engineer or his duly
authorized representative. Defective or damaged materials shall be removed from the site and replaced at
the owner’s expense. Unacceptable subgrade conditions shall be corrected at the owner’s direction, to the
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approval of the Township Engineer. Installation procedures shall conform to manufacturer’s
recommendations and/or trade standards for first-class construction. No underground installation shall be
backfilled prior to inspection of the completed work and remedy of any apparent defects in materials or
workmanship, except as provided in Subsection 808, below.
807.5 Backfill procedures shall be acceptable to the Township Engineer incident to protection of the
installed work, in addition to the owner’s responsibility for safe and proper procedures. Backfill for all
excavations within public road rights-of-way shall comply with standards promulgated by the Township
Engineer and adopted by the Township Committee. Backfill material shall be select excavated material
of low plasticity or suitable offsite or off-tract select material, properly placed and tamped to eliminate
unacceptable settlement of following or future surface improvements or adjacent underground
improvements.
807.6 The Township Engineer shall be notified in writing with a copy to the Approving Authority and
Building Inspector, not less than one (1) month in advance of the start-up of a new project and not less
than two (2) weeks in advance of a general shutdown (winter or end of work) or general restart (spring)
of construction on an active project.
808.
Construction Permits.
Construction permits in a development or in an approved subdivision, except for model buildings in the first
section of the development or subdivision, will be issued only when the installation of curbs, utilities in or
under the street cartway, functioning water supply and waste water disposal facilities, necessary underground
and/or surface storm facilities to insure proper drainage of the lots and surrounding land, rough grading of
lots according to the standard of the approved soil erosion and sediment control plan for the buffer plantings
and berms, street subbase and base courses and such other improvements as are specifically required by the
Planning Board are installed to serve all lots and structures within the development or within the section
thereof to which final subdivision approval has been granted, prior to the issuance of building permits. The
owner shall request and the building inspector shall receive favorable reports from all involved utilities and
inspection officials certifying the conditional acceptance for use subject to minor punch list repairs, and final
acceptance by the governing body of necessary installed improvements, where appropriate. Permits for
model buildings in the first section granted final approval may be issued on commencement of construction
of improvements. The number of permits for such model buildings in the tract shall not exceed six (6) or ten
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(10) percent of the total number of buildings to be erected upon residential building lots which have been
granted preliminary subdivision approval in this subdivision or development, whichever number is less.
As a minimum, these certifications must be received from all involved utility companies, the plumbing
inspector, the involved sewerage agency, and the Township Engineer. Completion of all improvements
within the development or approved subsection, including installation of any remaining utilities in or under
the sidewalk or bikeway right-of-way, installation of sidewalks and bikeways, surface course paving, final
site grading and seeding and plantings, subject only to minor punch list repairs or replacements and final
acceptance by the governing body, will be required prior to the issuance of the last 30% of occupancy
permits in the development or approved subsection thereof and prior to issuance of building permits in any
subsequent subsection of the development, or in lieu thereof, the owner shall post a cash bond in an amount
equal to the cost of said remaining improvements, as determined by the Township Engineer, said costs to
include allowances for contingency and engineering fees and the cost of a maintenance bond, all in
accordance with the terms and conditions of the “Green Brook Standard Form of Escrow Agreement on
Certificates of Occupancy”, a copy of which is filed with the Township Clerk and incorporated herein by
reference.
809.
Public street lighting as necessary shall be installed and operational prior to the issuance of any
occupancy certificates. Additional public street lighting as necessary shall be installed and operational prior
to the issuance of additional occupancy certificates. The developer shall, in coordination with the electric
utility company, Police Department and Township Committee, arrange for timely installation and activation
of necessary facilities and shall pay all installation, operation maintenance costs up to the date of final
acceptance of the improvements.
810.
Fire hydrants as necessary within public road rights-of-way shall be installed and operational prior
to the issuance of any certificate of occupancy. The developer, in coordination with the water utility
company, Fire Company, Township Engineer and Township Committee, shall arrange for the timely
installation and activation of necessary facilities and shall pay all installation, operation and maintenance
costs up to the date of final acceptance of the improvements.
811.
Inspection by the Township of the installation of improvements and utilities by the developer shall
not subject the Township to liability for claims, suits or liability of any kind that may arise, because of
defects or negligence, it being recognized that the responsibility to provide proper utilities and improvements
and to maintain safe conditions at all times on all parts of the tract, whether construction is waiting to start, is
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in progress or is completed, or any combination of conditions on all or a part of the tract, is upon the
developer and his contractors or subcontractors, if any.
812.
After completing the construction of the public improvements covered by the performance guarantee,
Une prepare one (1) set of public improvements and utility plans and the profiles, updated to show “as built”
conditions drawn with waterproof black ink on translucent linen, and apply to the Township Engineer for
final inspection of the work. (See Section 814).
813.
The amount of the performance guarantee may be reduced by the Township Committee by resolution
when portions of the required improvements have been installed and have been inspected and approved by
the Township Engineer, provided, however, that no such reduction shall be approved under the Township
Engineer shall have certified the estimated cost of completing any remaining required improvements, and
provided further that no reduction shall be approved that will result in the performance guaranty or any
portion of the performance guaranty being reduced to less than fifteen percent (15%) of the original cost of
any improvement(s) until all improvements have been completely installed, approved and accepted by the
Township Committee and a maintenance guarantee secured as outlined below. Reductions shall he made in
the amount of outstanding bonds prior to any reduction of the cash deposit. If any improvements have not
been installed in accordance with the performance guarantee, the obligor and surety shall be liable thereon to
the Township for the reasonable cost of completing the improvement(s).
814.
Upon substantial completion of all required appurtenant utility improvements, and the connection of
same to the public system, the obligor may notify the Township Committee in writing, by certified mail
addressed in care of the Township Clerk of the completion or substantial completion of improvements and
shall send a copy thereof to the Township Engineer. Thereupon the Township Engineer shall inspect all
improvements of which such notice has been given and shall file a detailed report, in writing, with the
Township Committee, indicating either approval, partial approval or rejection of such improvements with a
statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set
forth.
The Township Committee shall either approve, partially approve, or reject the improvements, on the basis of
the report of the Township Engineer and shall notify the obligor in writing, by certified mail, of the contents
of said report and the action of the Township Committee with relation thereto, not later than, 5 days after
receipt of the notice from the obligor of the completion of the improvements. Where partial approval is
granted, the obligor shall be released from all liability pursuant to its performance guarantee, except for that
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portion adequately sufficient to secure provision of the improvements not yet approved; provided that 30%
of the amount of the performance guarantee posted may be retained to insure completion of all
improvements. Failure of the Township Committee to send or provide such notification to the obligor within
65 days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, shall
be released from all liability pursuant to such performance guarantee for such improvements.
The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer
for the foregoing inspection of improvements. (See Section 806)
In the event that final approval is by stages or sections of development pursuant to subsection a, of Section
29 of the Municipal Land Use Law (40:55D-38), the provisions of this section shall be applied by stage or
section.
815.
If any portion of the required improvements are rejected, the Approving Authority may require the
obligor to complete such improvements and, upon completion, the same procedure of notification, as set
forth in this section shall be followed.
816.
Suspension of Work. Failure of the developer, his contractor, subcontractors or agents to conform to
the specifications for installing and/or maintaining improvements as approved by the Approving Authority,
or to proceed in a safe manner, rendering conditions hazardous to the workmen, materials, equipment,
installation or the public, will be just cause for the suspension of work being performed, and no person, firm
or corporation shall have the right to demand or claim damages from the Township of Green Brook, its
officers, agents or servants by reason of such suspension by the Township Engineer. Directives for
suspension of all or part of the work, as appropriate, shall be delivered verbally by the Township Engineer,
with a copy to the Township Clerk, Building Inspector, Chairman of the Approving Authority and Mayor
within twenty-four (24) hours, If required, the police powers of the Township may be used to enforce such
suspension of work. Work shall not resume until the cause or causes of such suspension are eliminated to the
satisfaction of the Township Engineer.
817.
Conditions and Acceptance of Improvements. The approval of any plat under this chapter by the
Approving Authority shall in no way be construed as acceptance of any street, drainage system or other
improvement required by this chapter, nor shall such plat approval obligate the Township in any way to
maintain or exercise jurisdiction over such street, drainage system or other improvement. Acceptance of any
street, drainage system or other improvement shall be implemented only by favorable action by the
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Township Committee. No improvement shall be accepted by the Township Committee unless and until all of
the following conditions have been met:
817.1 The Township Engineer shall have certified in writing to the Approving Authority and Township
Committee that all the improvements are complete and that they comply fully with the requirements of
this chapter and of other applicable ordinances.
817.2 Maintenance guarantee.
a. The developer shall have filed with the Township Committee and the Township Committee shall
have accepted and approved a maintenance guarantee of not more than fifteen percent (15%) of the
original estimates of the cost of installing the improvements, which guarantee shall run for a period of
two (2) years. The final amount of the maintenance guarantee shall be based on the
recommendation(s) of the Township Engineer, who shall consider, among other things, the length of
time the improvement has been installed prior to the filing of the maintenance guarantee.
b. The procedures and requirements governing such maintenance guarantee shall be identical to the
procedures and requirements for a performance guarantee set forth above.
818.
Renewal of Performance or Maintenance Guarantees.
In any case where it becomes necessary to renew or extend a performance guarantee or maintenance
guarantee, the amount thereof shall be re-computed by the Township Engineer and may be increased to meet
then current conditions and cost estimates.
ARTICLE 9
APPEALS
This section was repealed in its entirety by Ordinance 2015-819
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ARTICLE 10
PUBLIC HEARINGS AND NOTICES
1001. PUBLIC HEARINGS AND NOTICES.
1001.1
Where Public Hearing Required.
Public hearing, on notice as hereinafter set forth, shall be required in the following development
applications:
A. All applications to be heard by the Board of Adjustment, of whatever nature.
B. The following matters to be heard by the Planning Board:
(1)
All applications for preliminary approval of major subdivisions.
(2)
All matters before the Planning Board which, if heard by the Board of Adjustment, would
require a public hearing.
(3)
All site plan review involving property located in whole or in part in any critical area.
1001.2
Notice of Public Hearing.
Whenever a public hearing is required on an application for development pursuant to the Municipal Land
Use Law, or pursuant to this ordinance, or pursuant to the Zoning Ordinance of the Township, the
applicant shall give notice thereof as required by the Municipal Land Use Law, as follows:”
a. Public notice shall be given by publication in the official newspaper of the Township at least ten
days prior to the date of the hearing.
b. Notice shall be given to the owners of all real property as shown on the current tax duplicate,
located in the State and within 200 feet in all directions of the property which is the subject of such
hearing; provided that this requirement shall be deemed satisfied by notice to the (1) condominium
association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal
property regime, in the case of any co-owner whose apartment has an apartment above or below it.
Notice shall be given by: (1) serving a copy thereof on the property owner as shown on the said
current tax duplicate, or his agent in charge of the property, or (2) mailing a copy thereof by certified
mail to the property owner at his address as shown on the said current tax duplicate. Notice to a
partnership owner may be made by service upon any partner. Notice to a corporate owner may be
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made by service upon its president, a vice president, secretary or other person authorized by
appointment or by law to accept service on behalf of the corporation. Notice to a condominium
association, horizontal property regime, community trust or homeowners’ association, because of its
ownership of common elements or areas located within 200 feet of the property which is the subject
of the hearing, may be made in the same manner as to a corporation without further notice to unit
owners, co-owners, or homeowners on account of such common elements or areas.
c. Notice of hearings on applications for development involving property located within 200 feet of
an adjoining municipality shall be given by personal service or certified mail to the clerk of such
municipality.
d. Notice shall be given by personal service or certified mail to the county planning board of a
hearing on an application for development of property adjacent to an existing county road or
proposed road shown on the official county map or on the county master plan, adjoining other county
land or situated within 200 feet of a municipal boundary.
e. Notice shall be given by personal service or certified mail to the Commissioner of Transportation
of a hearing on an application for development of property adjacent to-a State highway.
f. Notice shall be given by personal service or certified mail to the Director of the Division of State
and Regional Planning in the Department of Community Affairs, of a hearing on an application for
development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a
copy of any maps or documents required to be on file with the municipal clerk pursuant to Section
613 of the Municipal Land Use Law (40:55D-10 b).
g. Notice pursuant to subsections a, d, e, and f, of this section, above, shall not be deemed to be
required unless public notice pursuant to Section 1001.1 and subsection 1001.2 b are required.
h. All notices hereinabove specified in this Section shall be given by the applicant at least ten days
prior to the date fixed for hearing, and the applicant shall file an affidavit of proof of service with the
board holding the hearing on the application for development.
i. Any notice made by certified mail as hereinabove required shall be deemed to be complete upon
mailing in accordance with the provisions of 40:55D-14.
j. Form of Notice. All notices required to be given pursuant to the terms of this ordinance shall state
the date, time and place of the hearing, the nature of the matters to be considered and identification of
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the property proposed for development by street address, if any, or by reference to lot and block
numbers as shown on the current tax duplicate In the municipal tax office, and the location and times
at which any maps and documents for which approval is sought are available as required by law.
1002. LIST OF PROPERTY OWNERS FURNISHED.
Pursuant to the provisions of 40:55D-12c, as amended, the Administrative Officer of the municipality, upon
the written request of an applicant, shall, within 7 days, make and certify a list from said current tax
duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to
Section 1001.2 b. The applicant shall be entitled to rely upon the information contained in such list, and
failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum not to
exceed $0.25 per name, or $10.00, whichever is greater, may be charged for such list.
NOTE: the list supplied by the administrative officer of the Township of Green Brook will contain only
those properties located within the Township of Green Brook and within 200 feet in all directions of the
property which is the subject of such hearing. If the 200 feet distance in all directions of the property which
is the subject of such hearing shall extend into another municipality or municipalities, the applicant shall
have the responsibility of obtaining the names and addresses from the current tax duplicates of such other
municipality or municipalities from such other municipality or municipalities.
1003. MATTERS NOT REQUIRING PUBLIC HEARING ON NOTICE.
All matters not requiring public hearing on notice, as above set forth, shall be considered at open public
meetings, all actions taken shall be taken at regular, adjourned or special meetings of the approving
authority.
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Article 11
Fees and Charges; Transcripts
1101
Fees
The Applicant or Developer shall, at the time of filing a submission to the Approving Authority shall
pay the following non-refundable fees to the Township. Applications involving more than one use
shall pay a fee equating the sum of the fees for the component elements of the submission.
Applications requiring a combination of approvals, such as subdivision, site plan, variance, conditional
use, environmental impact statement, storm water control, or the like, shall pay a fee equal to the sum
of the fees for each element.
PLANNED UNIT DEVELOPMENT AND AFFORDABLE HOUSING PROJECTS. A Planned
Unit Development shall be treated in the same manner as a subdivision including Site Plan for the
purpose of computation of fees under this Ordinance, with each separate unit being counted as a lot
pursuant to Section 1101.1, whether or not there will be separately held title to each unit, and whether
or not such units will be sale or rental units, provided, however, that in any application involving
Affordable Housing, the fee for any unit or lot utilized solely for a lower income housing unit shall be
waived and not computed in the total fees set forth in the Ordinance.
1101.1
Subdivision
a. Concept (sketch) Plat
$250 + $10 per lot
b. Minor Subdivision
$250
c. Preliminary Major Subdivision
$500 + $50 per lot
d. Final Major Subdivision
$250 + $25 per lot
e. Minor Revision to Preliminary or Final Subdivision $100 + 10 per lot
f. Time Extension to Preliminary or Final Subdivision $250
g. Amended Preliminary Subdivision
½ of Preliminary Fee
h. Amended Final Subdivision
½ of Final Fee
1101.2
Site Plans
a. Concept (sketch) Plat
$250
b. Minor Site Plan or Technical Review Committee
$300
c. Preliminary Major Site Plan (Residential)
$500 + $50 per unit
d. Final Major Site Plan (residential)
$250 + $25 per unit
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e. Preliminary Major Site Plan (Commercial)
Building Area of 10,000 s.f. or less
$750
Building Area of 10,001sf – 50,000 s.f.
$1,500
Building Area of 50,001 – 100,000 s.f.
$3,000
Building Area over 100,000 s.f.
$4,500
f. Final Major Site Plan (Commercial)
Building Area of 10,000 s.f. or less
$375
Building Area of 10,001sf – 50,000 s.f.
$750
Building Area of 50,001 – 100,000 s.f.
$1,500
Building Area over 100,000 s.f.
$2,250
g. Minor Revision to Site Plan (Residential)
$100 + 10 per unit
h. Minor Revision to Site Plan (Commercial)
$100 + $5 per s.f.
i. Preliminary or Final Site Plan Time Extension
$250
j. Amended Preliminary Site Plan
½ of Preliminary Fee
k. Amended Final Site Plan
½ of Final Fee
1101.3
Fees under the Zoning Ordinance
a. Board of Adjustment application for an appeal pursuant
to N.J.S.A 40:55D-70a
$500
b. Board of Adjustment application for interpretation
pursuant to N.J.S.A 40:55D-70b
$250
c. Application for a variance pursuant to 40:55D-70c
$100 each in conjunction with a site plan or
subdivision application; $250 for one
variance without site plan or subdivision
application, plus $75 for each additional
variance over one.
d. Use Variance pursuant to N.J.S.A 40:55D-70d
Residential
$750
Other Uses
$250 per 10,000 square feet of lot area, or
part thereof; with a minimum fee of $250 and
maximum fee of $4,000.
e. Zoning Permit for a Certificate of Occupancy pursuant
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to Section 1204.1,1204.2, and 1204.3 of the Zoning
Ordinance
$100
1101.4 Other Fees
a. Zoning Permit for Construction
$35
b. Plot or Grading Plan Review (no stormwater)
$150
c. Plot or Grading Plan Review (stormwater review with less than
an acre of disturbance and less than ¼ acre of new impervious coverage
$250
d. Plot or Grading Plan Review (stormwater review with more than
an acre of disturbance or more than ¼ acre of new impervious coverage
$500
e. Zoning Permit for Continuing Certificate of Occupancy
$100
where there is no change in use pursuant to Section 1204
of the Township Zoning Ordinance
f. Temporary Use Permit pursuant to Section 1204.4-1
$250
g. Temporary Use Permit pursuant to Section 1204.4-2
$250 for the first month, $100 per
month or part thereof after the 1st
month
h. Temporary Sale Sign
$50
i. Temporary Outdoor Sale Permit
$100
j. Copies of Minutes, resolutions, ordinances, or other papers
of an approving authority, where the Municipal Land Use
Law permits a fee to be charged shall be charged at the same
Rate per page established pursuant to Green Brook General Code Section 2-45
k. Certified List of Property Owners from the current tax map
Pursuant to N.J.S.A 40:55D-12
$10
l. Fee for certificate of subdivision, pursuant to 40:55D-56,
shall be computed and charged at the same rate as for tax
searches pursuant to R.S. 54:5-14
m. Fees for Special Meeting of Land Use Board:
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The decision on whether or not to hold a special meeting on an application shall rest solely with the
Approving Authority. However, it must be recognized that when a special meeting of a Land Use Board
is held, in addition to putting additional meetings upon the volunteer members of the Board, there are
additional costs involved for professional and non-professional employees and staff. Accordingly,
where an applicant requests a special meeting of the Approving Authority to consider the application,
the applicant shall deposit with the Township the sum of $1,500 in an escrow account. Said escrow
funds shall be utilized to cover the additional costs incurred by reason of holding the special meeting
including professional and non-professional and clerical fees and salaries incurred in connection with
the review of plans, consultation, site inspections, written reports and resolutions, general preparation,
meeting attendance, research, testimony, and other work as may be required due to the nature of the
application and arising of and in connection with the special meeting.
In a case where the applicant has made an escrow deposit pursuant to Section 1101, no additional
escrow deposit shall be required provided that the escrow account shall contain not less than $1,500 or
is replenished to at least that amount concurrent with the granting of the request for the special meeting
and prior to holding thereof.
n. Fee for duplicate copy of hearing – USB
$25
o. Letter for Zoning Clearance
$25
p. Floodplain Development Application
$100
q. Affordable Housing Development Fees
1. Purpose.
This Ordinance establishes standards for the collection, maintenance, and expenditure of development fees that are
consistent with COAH’s regulations developed in response to P.L. 2008, c. 46, Sections 8 and 32-38 (C. 52:27D-
329.2) and the Statewide Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7). Fees collected pursuant
to this Ordinance shall be used for the sole purpose of providing very low, low- and moderate-income housing in
accordance with a Court-approved Spending Plan.
2. Basic Requirements.
a.
This Ordinance shall not be effective until approved by the Court.
b.
The Township of Green Brook shall not spend development fees until the Court has approved a plan for spending
such fees (Spending Plan).
3. Definitions.
The following terms, as used in this Ordinance, shall have the following meanings:
AFFORDABLE HOUSING DEVELOPMENT
A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an
inclusionary development, a municipal construction project or a 100 percent affordable housing development.
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COAH OR THE COUNCIL
The New Jersey Council on Affordable Housing established under the Fair Housing Act.
DEVELOPMENT FEE
Money paid by a developer for the improvement of property as authorized by Holmdel Builder’s Association v.
Holmdel Township, 121 N.J. 550 (1990) and the Fair Housing Act of 1985, N.J.S.A. 52:27d-301, et seq., and regulated
by applicable COAH Rules.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development,
including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in
such land.
EQUALIZED ASSESSED VALUE
The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in
which the property is situated, as determined in accordance with Sections 1, 5, and 6 of P.L. 1973, c.123 (C.54:1-35a
through C.54:1-35c).
GREEN BUILDING STRATEGIES
Strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being
of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing
infrastructure and community services.
4. Residential Development Fees.
a.
Imposition of Fees.
1. Within the Township of Green Brook, all residential developers, except for developers of the types of
developments specifically exempted below and developers of developments that include affordable housing,
shall pay a fee of one and a half percent (1.5%) of the equalized assessed value for all new residential
development provided no increased density is permitted. Development fees shall also be imposed and
collected when an additional dwelling unit is added to an existing residential structure; in such cases, the fee
shall be calculated based on the increase in the equalized assessed value of the property due to the additional
dwelling unit.
2. When an increase in residential density is permitted pursuant to a “d” variance granted under N.J.S.A. 40:55D-
70d(5), developers shall be required to pay a “bonus” development fee of six percent (6%) percent of the
equalized assessed value for each additional unit that may be realized, except that this provision shall not be
applicable to a development that will include affordable housing. If the zoning on a site has changed during
the two-year period preceding the filing of such a variance application, the base density for the purposes of
calculating the bonus development fee shall be the highest density permitted by right during the two-year
period preceding the filing of the variance application.
b.
Eligible Exactions, Ineligible Exactions and Exemptions for Residential Developments
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1. Affordable housing developments and/or developments where the developer has made a payment in lieu of on-
site construction of affordable units, if permitted by Ordinance or by Agreement with the Township of Green
Brook, shall be exempt from the payment of development fees.
2. Developments that have received preliminary or final site plan approval prior to the adoption of this Ordinance
shall be exempt from the payment of development fees, unless the developer seeks a substantial change in the
original approval. Where site plan approval is not applicable, the issuance of a Zoning Permit and/or
Construction Permit shall be synonymous with preliminary or final site plan approval for the purpose of
determining the right to an exemption. In all cases, the applicable fee percentage shall be determined based
upon the Development Fee Ordinance in effect on the date that the Construction Permit is issued.
3. Development fees shall be imposed and collected when an existing structure undergoes a change to a more
intense use, is demolished and replaced, or is expanded or is altered, if the expansion is not otherwise exempt
from the development fee requirements. The development fee shall be calculated on the increase in the
equalized assessed value of the improved structure.
4. Developers of residential structures demolished and replaced in-kind as a result of a natural disaster shall be
exempt from paying a development fee. Developers that demolish and replace residential structures with a
structure of a more intense use, or is expanded, shall pay a fee calculated on the increase in the equalized
assessed value of the improved structure.
5. Non-Residential Development Fees.
a.
Imposition of Fees.
1. Within all zoning districts, non-residential developers, except for developers of the types of developments
specifically exempted below, shall pay a fee equal to two and one-half (2.5) percent of the equalized assessed
value of the land and improvements, for all new non-residential construction on an unimproved lot or lots.
Within all zoning districts, non-residential developers, except for developers of the types of developments
specifically exempted below, shall also pay a fee equal to two and one-half (2.5) percent of the increase in
equalized assessed value resulting from any additions to existing structures to be used for non-residential
purposes.
2. Development fees shall be imposed and collected when an existing structure is demolished and replaced. The
development fee of two and a half percent (2.5%) shall be calculated on the difference between the equalized
assessed value of the pre-existing land and improvements and the equalized assessed value of the newly
improved structure, i.e. land and improvements, and such calculation shall be made at the time a final
Certificate of Occupancy is issued. If the calculation required under this Section results in a negative number,
the non-residential development fee shall be zero.
b.
Eligible Exactions, Ineligible Exactions and Exemptions for Non-residential Development.
1. The non-residential portion of a mixed-use inclusionary or market rate development shall be subject to a two
and a half percent (2.5%) development fee, unless otherwise exempted below.
2. The two and a half percent (2.5%) development fee shall not apply to an increase in equalized assessed value
resulting from alterations, change in use within the existing footprint, reconstruction, renovations and repairs.
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3. Non-residential developments shall be exempt from the payment of non-residential development fees in
accordance with the exemptions required pursuant to the Statewide Non-Residential Development Fee Act
(N.J.S.A. 40:55D-8.1 through 8.7), as specified in Form N-RDF "State of New Jersey Non-Residential
Development Certification/Exemption". Any exemption claimed by a developer shall be substantiated by that
developer.
4. A developer of a non-residential development exempted from the non-residential development fee pursuant to
the Statewide Non-Residential Development Fee Act shall be subject to the fee at such time as the basis for the
exemption no longer applies, and shall make the payment of the non-residential development fee, in that event,
within three years after that event or after the issuance of the final Certificate of Occupancy for the non-
residential development, whichever is later.
5. If a property which was exempted from the collection of a non-residential development fee thereafter ceases to
be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this
Section within 45 days of the termination of the property tax exemption. Unpaid non-residential development
fees under these circumstances may be enforceable by the Township of Green Brook as a lien against the real
property of the owner.
6. Collection Procedures.
a.
Upon the granting of a preliminary, final or other applicable approval for a development, the approving authority
or entity shall notify or direct its staff to notify the Construction Official responsible for the issuance of a
Construction Permit.
b.
For non-residential developments only, the developer shall also be provided with a copy of Form N-RDF “State
of New Jersey Non-Residential Development Certification/ Exemption” to be completed as per the instructions
provided. The developer of a non-residential development shall complete Form N-RDF as per the instructions
provided. The Construction Official shall verify the information submitted by the non-residential developer as
per the instructions provided in the Form N-RDF. The Tax Assessor shall verify exemptions and prepare
estimated and final assessments as per the instructions provided in Form N-RDF.
c.
The Construction Official responsible for the issuance of a Construction Permit shall notify the Township Tax
Assessor of the issuance of the first Construction Permit for a development which is subject to a development fee.
d.
Within 90 days of receipt of such notification, the Township Tax Assessor shall prepare an estimate of the
equalized assessed value of the development based on the plans filed.
e.
The Construction Official responsible for the issuance of a final Certificate of Occupancy shall notify the
Township Tax Assessor of any and all requests for the scheduling of a final inspection on a property which is
subject to a development fee.
f.
Within 10 business days of a request for the scheduling of a final inspection, the Township Tax Assessor shall
confirm or modify the previously estimated equalized assessed value of the improvements associated with the
development; calculate the development fee; and thereafter notify the developer of the amount of the fee.
g.
Should the Township of Green Brook fail to determine or notify the developer of the amount of the development
fee within 10 business days of the request for final inspection, the developer may estimate the amount due and
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pay that estimated amount consistent with the dispute process set forth in Subsection b. of Section 37 of P.L.
2008, c.46 (C.40:55D-8.6).
h.
Except as provided in Section 9-4.5.a.3) hereinabove, fifty percent (50%) of the initially calculated development
fee shall be collected at the time of issuance of the Construction Permit. The remaining portion shall be collected
at the time of issuance of the Certificate of Occupancy. The developer shall be responsible for paying the
difference between the fee calculated at the time of issuance of the Construction Permit and that determined at the
time of issuance of the Certificate of Occupancy.
i.
Appeal of Development Fees.
1. A developer may challenge residential development fees imposed by filing a challenge with the County Board
of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest-
bearing escrow account by the Township of Green Brook. Appeals from a determination of the Board may be
made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S. 54:48-
1, et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be
credited to the prevailing party.
2. A developer may challenge non-residential development fees imposed by filing a challenge with the Director
of the Division of Taxation. Pending a review and determination by the Director, which shall be made within
45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by the
Township of Green Brook. Appeals from a determination of the Director may be made to the tax court in
accordance with the provisions of the State Tax Uniform Procedure Law, R.S.54:48-1, et seq., within 90 days
after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing
party.
7. Affordable Housing Trust Fund.
a. There is hereby created a separate, interest-bearing Affordable Housing Trust Fund to be maintained by the
Chief Financial Officer of the Township of Green Brook for the purpose of depositing development fees
collected from residential and non-residential developers and proceeds from the sale of units with
extinguished controls.
b. The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times
be identifiable by source and amount:
1.
Payments in lieu of on-site construction of a fraction of an affordable unit, where permitted by
Ordinance or by Agreement with the Township of Green Brook;
2.
Funds contributed by developers to make ten percent (10%) of the adaptable entrances in a townhouse or
other multistory attached dwelling unit development accessible;
3.
Rental income from municipally operated units;
4.
Repayments from affordable housing program loans;
5.
Recapture funds;
6.
Proceeds from the sale of affordable units; and
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7.
Any other funds collected in connection with Green Brook’s affordable housing program.
c. In the event of a failure by the Township of Green Brook to comply with trust fund monitoring and reporting
requirements or to submit accurate monitoring reports; or a failure to comply with the conditions of the
judgment of compliance or a revocation of the judgment of compliance; or a failure to implement the
approved Spending Plan and to expend funds within the applicable required time period as set forth in In re
Tp. of Monroe, 442 N.J. Super. 565 (Law Div. 2015) (aff'd 442 N.J. Super. 563); or the expenditure of funds
on activities not approved by the Court; or for other good cause demonstrating the unapproved use(s) of
funds, the Court may authorize the State of New Jersey, Department of Community Affairs, Division of Local
Government Services (LGS), to direct the manner in which the funds in the Affordable Housing Trust Fund
shall be expended, provided that all such funds shall, to the extent practicable, be utilized for affordable
housing programs within the Township of Green Brook, or, if not practicable, then within the County or the
Housing Region.
Any party may bring a motion before the Superior Court presenting evidence of such condition(s), and the
Court may, after considering the evidence and providing the municipality a reasonable opportunity to respond
and/or to remedy the non-compliant condition(s), and upon a finding of continuing and deliberate non-
compliance, determine to authorize LGS to direct the expenditure of funds in the Trust Fund. The Court may
also impose such other remedies as may be reasonable and appropriate to the circumstances.
d. Interest accrued in the Affordable Housing Trust Fund shall only be used to fund eligible affordable housing
activities approved by the Court.
8. Use of Funds.
a. The expenditure of all funds shall conform to a Spending Plan approved by the Court. Funds deposited in the
Affordable Housing Trust Fund may be used for any activity approved by the Court to address the Township of
Green Brook’s fair share obligation and may be set up as a grant or revolving loan program. Such activities
include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing
affordability controls; housing rehabilitation; new construction of affordable housing units and related costs;
accessory apartments; a market to affordable program; Regional Housing Partnership programs; conversion of
existing non-residential buildings to create new affordable units; green building strategies designed to be cost
saving and in accordance with accepted national or State standards; purchase of land for affordable housing;
improvement of land to be used for affordable housing; extensions or improvements of roads and infrastructure to
affordable housing sites; financial assistance designed to increase affordability; administration necessary for
implementation of the Housing Element and Fair Share Plan; and/or any other activity permitted by the Court and
specified in the approved Spending Plan.
b. Funds shall not be expended to reimburse the Township of Green Brook for past housing activities.
c. At least 30 percent of all development fees collected and interest earned on such fees shall be used to provide
affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair
Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide
affordability assistance to those households earning 30 percent or less of the median income for Housing Region 3,
in which Green Brook is located.
165
1.
Affordability assistance programs may include down payment assistance, security deposit assistance, low
interest loans, rental assistance, assistance with homeowners association or condominium fees and special
assessments, and assistance with emergency repairs. The specific programs to be used for affordability
assistance shall be identified and described within the Spending Plan.
2.
Affordability assistance to households earning 30 percent or less of median income may include buying down
the cost of low or moderate income units in the municipal Fair Share Plan to make them affordable to
households earning 30 percent or less of median income. The specific programs to be used for very low
income affordability assistance shall be identified and described within the Spending Plan.
3.
Payments in lieu of constructing affordable housing units on site, if permitted by Ordinance or by Agreement
with the Township of Green Brook, and funds from the sale of units with extinguished controls shall be
exempt from the affordability assistance requirement.
d. The Township of Green Brook may contract with a private or public entity to administer any part of its Housing
Element and Fair Share Plan, including its programs for affordability assistance.
e. No more than 20 percent of all revenues collected from development fees may be expended on administration,
including, but not limited to, salaries and benefits for municipal employees or consultants’ fees necessary to
develop or implement a new construction program, prepare a Housing Element and Fair Share Plan, and/or
administer an affirmative marketing program or a rehabilitation program.
1.
In the case of a rehabilitation program, the administrative costs of the rehabilitation program shall be included
as part of the 20 percent of collected development fees that may be expended on administration.
2.
Administrative funds may be used for income qualification of households, monitoring the turnover of sale and
rental units, and compliance with monitoring requirements. Legal or other fees related to litigation opposing
affordable housing sites or objecting to the Council’s regulations and/or actions are not eligible uses of the
Affordable Housing Trust Fund.
9. Monitoring.
The Township of Green Brook shall provide annual reporting of Affordable Housing Trust Fund activity to the New
Jersey Department of Community Affairs, or other entity designated by the State of New Jersey, with a copy provided
to Fair Share Housing Center and posted on the municipal website, using forms developed for this purpose by the New
Jersey Department of Community Affairs. The reporting shall include an accounting of all Affordable Housing Trust
Fund activity, including the sources and amounts of funds collected and the amounts and purposes for which any funds
have been expended.
10. Ongoing Collection of Fees.
a.
The ability for the Township of Green Brook to impose, collect and expend development fees shall be permitted
through the expiration of the repose period covered by its Judgment of Compliance and shall continue thereafter
so long as the Township of Green Brook has filed an adopted Housing Element and Fair Share Plan with the
Court or with a designated State administrative agency, has petitioned for a Judgment of Compliance from the
Court or for Substantive Certification or its equivalent from a State administrative agency authorized to approve
166
and administer municipal affordable housing compliance and has received approval of its Development Fee
Ordinance from the entity that will be reviewing and approving the Housing Element and Fair Share Plan.
b.
If the Township of Green Brook is not pursuing authorization to impose and collect development fees after the
expiration of its Judgment of Compliance, it may be subject to forfeiture of any or all funds remaining within its
Affordable Housing Trust Fund. Any funds so forfeited shall be deposited into the "New Jersey Affordable
Housing Trust Fund" established pursuant to Section 20 of P.L. 1985, c. 222 (C. 52:27D-320).
c.
After the expiration of the Judgment of Compliance, if the Township does not pursue or obtain continued
authorization, the Township of Green Brook shall not impose a residential development fee on a development
that receives preliminary or final site plan approval, retroactively impose a development fee on such a
development, or expend any of its collected development fees.
1101.5
Escrow Deposits
In addition to the submission of application filing fees, as set forth hereinbefore, applications for
development that meet the criteria established herein, shall be accompanied by a deposit of escrow
funds pursuant to 40:55D-53.2. Each applicant shall agree in writing to post additional escrow funds
where the required initial escrow has been depleted to twenty percent of the original amount. Escrow
deposits shall be in the form of cash, certified check, or money order and shall be administered in
accordance with the requirements of N.J.S.A 40:55D-53.2
a. Subdivision Concept Plan
$2,000
b. Site Plan Concept Plan
$2,000
c. Minor Subdivision or Site Plan
$3,000
d. Preliminary Major Subdivisions
1-3 lots
$3,000
4-10 lots
$5,000
11-25 lots
$7,500
26-50 lots
$10,000
51 lots or more
$15,000
e. Final Major Subdivision
½ of Preliminary Escrow
f. Preliminary Major Site Plan (Residential)
1-3 lots
$4,000
4-10 lots
$6,000
11-25 lots
$8,000
26-50 lots
$10,000
51-199
$12,500
200 units or more
$15,000
167
g. Final Major Site Plan (Residential)
½ of Preliminary Escrow
h. Preliminary Major Site Plan (Non-Residential)
Total Floor Plan
5,000-10,000 square feet
$7,500
10,001-20,000 square feet
$10,000
20,001 square feet or greater
$12,500
i. Final Major Site Plan (Non-Residential)
½ of Preliminary Escrow
j. Applications pursuant to 40:55D-70 a or b
$1,500
k. Variances pursuant to 40:55D-70c
$1,500
l. Variance pursuant to 40:55D-70d
$3,500
m. Time Extensions
$500
n. Amended Preliminary Subdivision
½ of Preliminary Escrow
o. Amended Final Subdivision
½ of Final Escrow
p. Amended Preliminary Site Plan
½ of Preliminary Escrow
q. Amended Final Site Plan
½ of Final Escrow
r. Plot or Grading Plan Review (stormwater review with less than an acre of disturbance and less than
¼ acre of new impervious coverage
$500
s. Plot or Grading Plan Review (stormwater review with more than an acre of disturbance or more than
¼ acre of new impervious coverage
$1,500
t. Witnessing of infiltration testing
$1,000
1101.6
Appearance Cancellation Fee
In the event an applicant cancels or postpones a hearing before the Planning or Zoning Boards within 14 days of their
scheduled hearing date, said applicant will be charged a cancellation fee of $200 which shall be paid to the Township
before any subsequent appearances for that application will be scheduled.
168
ARTICLE 12
VIOLATIONS AND PENALTIES
1201. VIOLATIONS AND PENALTIES.
1201.1
Subdivision Violations and Penalties.
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer
or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or
tenant, any land which forms a part of a subdivision for which approval is required by ordinance pursuant
to this act, such persons shall be subject to a penalty not to exceed $1,000.00 and each lot disposition so
made may be deemed a separate violation.
In addition to the foregoing, the township may institute and maintain a civil action.
1.
For injunctive relief; and
2.
To set aside and invalidate any conveyance made pursuant to such a contract of sale if a
certificate of compliance has not been issued in accordance with R.S. 40:550-56, but only if the
township (1) has a Planning Board and (2) has adopted by ordinance standards and procedures in
accordance with R.S. 40:55D-38.
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of
the land, from which the subdivision was made that remains in the possession of the developer or his
assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a
reasonable search fee, survey expense and title closing expense, if any. Any such action must be
brought within 2 years after the date of the recording of the instrument of transfer, sale or conveyance
of said land or within 6 years, if unrecorded.
1201.2
Other Violations.
A.
Injunctive relief.
169
In case any building or structure is erected, constructed, altered, repaired, converted, or maintained,
or any building, structure or land is used in violation of this act or of any ordinance or other
regulation made under authority conferred hereby, the proper local authorities of the township or an
interested party, in addition to other remedies, may institute any appropriate action or proceedings to
prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion,
maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said
building, structure or land, to prevent any illegal act, conduct, business or use in or about such
premises.
B.
Penalties.
Any person, firm or corporation that shall violate any provisions of this Ordinance, not included in
Section 1201.1, shall, upon conviction thereof by any Court authorized by law to hear and determine
the matter, be fined such sum not exceeding Five Hundred Dollars ($500.00), as such Court in its
discretion may impose, or if the party so convicted be a natural person, such person may be
imprisoned for such term not exceeding ninety (90) days as such Court in its discretion may impose,
or be fined such sum not exceeding Five Hundred Dollars ($500.00) as such Court in its discretion
may impose or such natural person may be both imprisoned and fined not exceeding the maximum
limits set forth herein, as such Court in its discretion may impose. Each day that such violation exists
shall constitute a separate offense punishable by a like fine or penalty.
1202. PARTIES LIABLE.
The owner of any building or structure, lot or land, or part thereof, and/or the tenant or occupant of any
building or structure, lot or land, or part thereof, where anything in violation of this Ordinance shall be
placed or shall exist, or be suffered, allowed or permitted to exist, and any architect, builder, developer,
contractor, agent, person or corporation employed in connection therewith and who assists in the commission
of any such violation shall each be guilty of a separate violation, and upon conviction thereof shall each be
guilty of a separate violation, and upon conviction thereof shall be each liable to the fine or imprisonment, or
both, specified in Sections 1201.1 and 1201.2, above.
1203. OTHER REMEDIES.
170
The penalties provided in this Article are additional to any other remedies available to the Township of
Green Brook, or to residents or property owners of the Township of Green Brook who may be affected by
any violation of this Ordinance by law.
1204. REVOCATION AND RESCISSION OF APPROVAL AND/OR PERMITS.
Whenever it shall come to the attention of either the Planning Board or the Board of Adjustment, that action
was taken by such Board based upon fraud or misrepresentation by or on behalf of the applicant as to a
material fact, such Board shall have the right to rescind its previous action and to order revocation of any
approval, permit, or certificate theretofore granted upon such fraud or misrepresentation. Such rescission and
revocation shall remain in effect unless and until such Board shall reinstate such approval following a
hearing thereon granted to the applicant within 10 days of any requests therefore by the applicant. The rights
of rescission and revocation set forth in this paragraph shall be in addition to the right to proceed under the
other paragraphs of this Section.
171
ARTICLE 13
VALIDITY
1301. SEVERABILITY.
If any section, subsection, article, paragraph, subdivision, clause or provision of this Ordinance shall be
adjudged invalid by a Court of competent jurisdiction, such adjudication shall apply only to the section,
subsection, article, paragraph, subdivision, clause or provision so adjudged. and the remainder of this
Ordinance shall be deemed valid and effective.
ARTICLE 14
REPEALER
1401. REPEALER.
Except as may be specifically set forth in this Ordinance, any and all other ordinances or parts thereof in
conflict or inconsistent with any of the terms of this Ordinance are hereby repealed to such extent as they are
so in conflict or inconsistent; provided, however, that the adoption of this Ordinance shall not prevent or bar
the continuation or institution of any proceedings for offenses heretofore committed in violation of any
existing ordinances of the Township of Green Brook.
ARTICLE 15
EFFECTIVE DATE
1501. Effective Date.
This Ordinance shall take effect immediately upon publication of notice after final adoption, as provided by
law.
This Ordinance, however, is a substantial re-enactment of the Land Development Ordinance of the Township
of Green Brook, as amended, and the Planning Board and Board of Adjustment heretofore appointed and
serving shall remain as constituted at the time of adoption of this Ordinance, until the terms of the respective
members shall expire.
Where construction has begun pursuant to the provisions of the Ordinance repealed hereby, such
construction may continue pursuant to such prior, approval and pursuant to the terms of the Ordinance in
effect at the time of adoption of this Ordinance.
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"...f the State” means the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction. “Wetlands” or “wetland” means an area that is inundated or saturated by surface water..."
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"...Before final approval, the developer shall have installed or shall have furnished performance guarantees for the completion of all improvements in accordance with Township Zoning Ordinance and NJAC 5:21 Residential Site Improvement Standards (RSIS)..."
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