Article VII Design Standards

If the Master Plan or the Official Map provides for the reservation of designated streets, public drainageways, flood control basins or public areas within the proposed development, before approving a subdivision the Planning Board may further require that such streets, ways, basins or areas be shown on the plat in locations and sizes suitable to their intended uses. The Planning Board may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one year after the approval of the final plat or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the Township shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations.

The provisions of this section shall not apply to the streets and roads, flood control basins or public drainageways necessitated by the subdivision or land development and required for final approval.

The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation, provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining subdivision approval or site plan approval, as the case may be, caused by the reservation.

§ 175-42 Streets.

General. The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets and, where necessary in order to promote the orderly flow of traffic and for the safety, welfare and convenience of the public, shall be such as to provide for the appropriate extensions to adjoining properties.

Right-of-way and pavement widths. The right-of-way and pavement widths shall be measured from abutting lot line to abutting lot line and shall not be less than the following:

Primary or arterial roads. Right-of-way width, 80 feet; pavement width, 50 feet.

Collector streets. Right-of-way width, 60 feet; pavement width, 40 feet.

Minor streets. Right-of-way width, 50 feet; pavement width, 30 feet.

Culs-de-sac or dead-end turnarounds. Culs-de-sac or dead-end turnarounds shall have a minimum radius of 40 feet on the curb.

§ 175-43 Improvements to existing streets and rights-of-way.

Internal roads. The right-of-way and pavement widths for internal roads in multifamily, commercial and industrial developments and zones shall be determined by the Planning Board on an individual basis and shall in all cases be of sufficient width and design to safely accommodate the maximum traffic, parking, loading and access for emergency equipment, but in no case shall the pavement be less than the 26 feet in width for two-way traffic.

(6)

Rural historic scenic corridors. Notwithstanding the requirements outlined in Subsections 175-42B(1), (2) and (3), the right-of-way and pavement widths for rural historic scenic corridors, as designated in § 175-52.2, shall be subject to modification by the Planning Board on a case-by-case basis in order to accomplish the objectives of the Master Plan and § 175-52.2. However, the Board shall give due consideration to issues of public safety and may require local improvements on rural historic scenic corridors upon the advice of the Police Department, emergency services or Township Engineer.

[Added 8-19-2002 by Ord. No. 31-02]

[Amended 7-16-1979 by Ord. No. 58-79]

Subdivisions that include existing streets which do not conform to pavement and/or right-of-way widths as shown on the Master Plan or Official Map shall dedicate and improve to Township specifications the additional width from the center line of said road abutting the property being subdivided. If the subdivision adjoins one side of an existing road which does not meet standards, only 1/2 of the required extra width shall be dedicated and improved to Township specifications.

When the Planning Board, upon proof by the developer, recommends to the governing body that in the interests of traffic safety, health, convenience and good planning, postponement of the installation or construction of improvements to a roadway is desirable, the governing body may authorize such postponement, provided that the developer shall deposit with the Township the cost of the improvement in lieu of actually constructing or installing the same, or waive in whole or in part the requirements for improvement.

On minor subdivisions, the Planning Board or Board or Adjustment, upon proof by the developer and without referral to or approval by the governing body, may grant approval conditioned only on such street dedication and improvements which bear a reasonable relationship to the needs created by and benefits conferred upon the subdivision.

Successive subdivisions. Subject to Subsection C above, when a lot is successively subdivided so that three or more additional building lots have been derived from it within a period of 36 months, the owner(s) of the last lot or lots derived shall be required to install improvements in front of all three or more lots per § 175-43A or B. The time period shall be measured from the date of approval by written resolution of the earlier subdivision to the date of approval by written resolution of the later subdivision creating the third additional building lot, whether or not any of these were memorializing resolutions. Notice of this requirement shall be provided in minor subdivision deeds.

[Added 10-21-1991 by Ord. No. 32-91]

§ 175-44 Street design standards.

Grades.

[Amended 6-15-1981 by Ord. No. 24-81]

Grades of arterial and collector streets and grades of other streets which serve as either the principal access street(s) to a residential development of more than 50 homes, or commercial or industrial development, or the principal street(s) for circulation within such development, shall not exceed 6%. Grades of other streets shall not exceed 10%. No street shall have a minimum grade of less than 1%.

[Amended 11-17-1986 by Ord. No. 41-86; 12-15-1986 by Ord. No. 45-86]

For all side street intersections, the grade of the side street shall not exceed 2%, either negative or positive, for a distance of 100 feet, measured from the center line of the intersected street.

[Amended 9-15-1986 by Ord. No. 31-86]

Intersections.

Street intersections at arterial or collector streets shall be laid out at right angles. Street intersections for other streets shall be laid out as nearly at right angles as possible and in no case shall be less than 70º. The block corners at intersections with arterial, collector or collector loop streets shall be rounded at the right-of-way line with a forty-foot radius curve and at the curbline with a fifty-foot radius curve. The block corners at intersections for other streets shall be rounded at the right-of-way line with a twenty-five-foot curb radius and at the curbline with a thirty-five-foot radius curve.

[Amended 11-17-1980 by Ord. No. 52-80]

All intersections shall have sight easements and sight distances to provide for the following minimum sight distances, measured in each direction, when observed from a point 10 feet before the intersecting pavement and three feet above the pavement. Sight easements shall be marked with monuments at the locations where the sight easement intersects the right-of-way.

[Amended 6-15-1981 by Ord. No. 24-81; 8-18-1986 by Ord. No. 28-86; 9-19-1988 by Ord. No. 27-88]

	Allowable Speed (miles per hour)	Required Sight Distance (feet)
	25	300
	30	350
	35	425
	40	475
	45	525
	50	600

Where the proposed street does not connect opposite an existing street, the offset between the existing and proposed intersections' center lines shall be no less than the following:

[Amended 5-16-1988 by Ord. No. 15-88]

Intersections on arterial or collector roads: 250 feet.

Other intersections: 150 feet.

Reverse curves. A tangent at least 100 feet long shall be between all reverse curves on any street.

[Amended 9-21-1987 by Ord. No. 22-87]

Horizontal curves. The minimum horizontal curve radius shall be 600 feet on arterial and collector streets and 300 feet on all other streets.

[Amended 9-21-1987 by Ord. No. 22-87]

Grade Changes. All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance designed to the following standard as a minimum:

[Amended 6-15-1981 by Ord. No. 24-81]

	Type of Street or Road	Design Speed (miles per hour)
	Arterial	50
	Collector	50
	Minor	35
	Permanent dead-end streets	25, if approved by the Township Engineer

Dead-end streets.

Dead-end streets shall not be longer than the following unless authorized to be longer by the Planning Board:

[Amended 6-17-2002 by Ord. No. 22-02]

	Zone	Feet
	R-1	900
	R-1/R-2	1,200
	R-5	1,700

They shall have a turnaround installed with a minimum curb radius of 40 feet and shall be tangent wherever possible to the right side of the street. The dead-end street should extend to the adjoining property line where possible to permit its extension to serve adjacent properties, with adequate provision made for the future extension of the street to meet Township standards. Wherever a turnaround is proposed on any street, the front yard setback line shall be measured so as to maintain the front yard setback from the turnaround right-of-way.

[Amended 6-15-1981 by Ord. No. 24-81]

The length of the dead-end street is defined as follows:

[Added 12-15-1986 by Ord. No. 45-86]

Starting at the extension of the proposed curbline on the through street and ending at the furthermost curb location in the turnaround area.

Where a dead-end street includes one or more branch streets or dead-end looped streets, the length shall be the sum of all the streets lengths.

Names. Streets and subdivisions shall not have a name which will duplicate or so nearly duplicate as to be confused with the names of existing subdivisions and streets. The continuation of an existing street shall have the same name. All subdivision and street names shall be approved by the Planning Board. Subdivision names shall remain exactly the same as the approved name for purposes of advertising or for the sale of homes or lots within the subdivision. The approved subdivision name shall be reflected on any real estate or advertising sign that is erected.

Time of paving. Installation of the base course and top course shall be in compliance with the time restrictions as set forth in Chapter 172, Streets and Sidewalks.

[Added 2-20-1995 by Ord. No. 3-95]

§ 175-45 Blocks.

General. Block length and width or acreage within bounding roads shall be such as to accommodate the size of the lot required in the area by Chapter 215, Zoning, and to provide adequately for sewage disposal, convenient access, circulation, control and safety of street traffic.

Pedestrian crosswalks. In blocks over 1,000 feet long, public rights-of-way through the blocks may be required in locations deemed necessary by the Planning Board. Such rights-of-way shall be at least 10 feet wide and may be improved by paving if so deemed by the Planning Board. Block sizes for group housing, business or industrial use shall be sufficient to meet all area and yard requirements for such use.

Easements. Rights-of-way and easements within blocks in commercial, business or industrial areas shall be not less than 30 feet in width.

§ 175-46 Lots.

General. Lot dimensions, front, side and rear yards and total area in square feet shall not be less than the requirements of Chapter 217, Zoning.

Side lines. Insofar as is practical, side lot lines shall be at right angles to streets and radial to curved streets.

Frontage. Each lot must front upon a street, and the frontage shall not be less than required by Chapter 217, Zoning, as measured along the building setback line. The minimum frontage as measured along the street right-of-way shall be at least 75 feet.

Setbacks. Where land has been dedicated for a widening of existing streets, lots shall begin at such new street lines as may have been established, and all setbacks shall be measured from such line.

Substandard suitability. Where there is a question of the suitability of a lot or lots for their intended use due to factors such as rock formations, soil conditions, steep slopes, streams, watercourses, flood conditions, high-water table and/or other environmentally sensitive factors, the Planning Board may require the applicant to submit information satisfactory to the Planning Board on any or all of the above factors. Upon receipt and review of the above information, the Planning Board shall have the right to grant approval conditional on one or all of the following:

[Amended 2-18-1980 by Ord. No. 2-80]

Compliance with specific actions to render the lot(s) suitable for the intended use.

Compliance with specific drainage and/or conservation easements restricting portions of the lot(s) from the intended use.

Compliance with building construction and/or design techniques which would render the proposed structure compatible with the specific unsuitability factor, including but not limited to slab construction or foundation piling.

Implementation of plans in compliance with § 175-27R.

[Added 8-16-1982 by Ord. No. 19-82]

For Cokesbury, Califon Turbotville, alluvial and muck soils, compliance with the Shimel Report, a copy of which is on file at the Planning Board office.

[Added 5-10-1989 by Ord. No. 14-89]

Driveways. (Refer to Chapter 172, Streets and Sidewalks, Article III, Driveway Construction.)

Lots on arterial or collector streets. Lots fronting on arterial or collector roads shall, at the discretion of the Planning Board, be serviced by a marginal access road or reverse frontage or be required to provide driveways with turnarounds.

Minimum improvable lot area.

[Added 12-18-1995 by Ord. No. 40-95]

Purpose. It is the purpose of this section to establish criteria by which residential building lots can be established that will provide a suitable and adequate area in which to construct a dwelling and, if required, a septic system. This section is intended to ensure the development of lots that will allow the construction of dwellings while minimizing the disturbance of environmentally sensitive features.

§ 175-47 Public use and service areas; utility placement.

All lots within the R-1 Zone and the R-1/R-2 Zone that are created in a subdivision shall have a minimum improvable lot area, within the setbacks, of 7,500 square feet, in which the dwelling shall be constructed. All lots within the R-5 Zone that are created in a subdivision shall have a minimum improvable lot area, within the setbacks, of 25,000 square feet, in which the dwelling shall be constructed.

[Amended 6-17-2002 by Ord. No. 22-02; 12-21-2009 by Ord. No. 30-09; 2-15-2010 by Ord. No. 02-10]

Utility easements. In any major subdivision or where unusual circumstances warrant, as determined by the Planning Board, easements may be required for utility installations. Such easements shall be at least 30 feet wide and located after consultation with the utility companies and Township agencies concerned.

[Amended 6-15-1981 by Ord. No. 23-81]

Drainage and conservation easement.

[Amended 2-17-1997 by Ord. No. 3-97]

Stream corridor and open water buffers.

[Amended 5-21-2001 by Ord. No. 13-01; 7-21-2003 by Ord. No. 23-03; 12-19-2005 by Ord. No. 43-05]

Purpose. The purposes of this subsection are the following:

Maintain the quality of streams and open waters and improve the quality of currently impaired streams and open waters in the township.

Protect significant ecological components of stream corridors and open waters such as riparian areas, floodplains, wetlands, woodlands, steep slopes and plant and associated wildlife communities within the stream corridors and open waters of the township; and minimize flood-related damage to properties in the township.

Complement the existing state, regional, county and municipal stream corridor and open water protection and management regulations and initiatives.

Applicability. The development of all land containing a stream corridor and/or state open waters shall be subject to the regulations set forth in this § 175-47B(1). These provisions are intended to regulate the type of activities, siting of structures and engineering of all proposed development on parcels located within a stream corridor and open water buffer as defined in Chapter 111, Land Use Procedures. These provisions apply to land disturbances resulting from or related to any activity or use requiring a zoning variance, subdivision and/or site plan approval.

Exceptions.

The full stream corridor and open water buffer area requirement may be waived by the Zoning Board of Adjustment in connection with variance applications for improvements to existing developed lots which do not exceed 2,500 square feet of additional impervious coverage for those portions of such lots that include or border a C1 or other stream or state open water having a demonstrated drainage area of less than 50 acres or where there is existing clearing adjacent to the C1 or other stream or state open water, provided that not more than 50 linear feet of mowed lawn is permitted along the water's edge. The remainder of any existing developed lot that includes or borders a C1 or other stream or state open waters must have a minimum of 25 feet of naturalized area (nonmowed) as measured from the top of the bank of the C1 or other stream or state open waters. Specifications for naturalizing such reduced buffer areas as native meadow or restored forest are available from the Township Planning Department. A conservation easement for this area shall be dedicated to the Township, in form satisfactory to the Township Attorney, pursuant to § 217-36.

Maintenance of the berm of a dam is exempted from the requirements of Subsection B(1)(c)[1] above.

If a fifty-foot long (parallel to the C1 or other stream or state open water) section of lawn is maintained adjacent to a C1 or other stream or state open water, residents are encouraged to substitute fine fescues (i.e., red fescue, chewings fescue, hard fescue) within the twenty-five-foot zone, as measured from the edge of the bank of the water, in which fertilizers and pesticides are prohibited pursuant to Chapter 85, in place of turf grasses such as Kentucky bluegrass and perennial ryegrass. Fine fescues are low growing and can be left nonmowed or need to be mowed only two to three times per year.

Permitted activities. All land which is in a stream corridor and open water buffer shall remain in a natural condition or, if in a disturbed condition, including agricultural activities, at the time of adoption of this subsection, may be restored to a natural condition. There shall be no clearing or cutting of trees and brush except for removal of dead vegetation and pruning for reasons of public safety or for the replacement of invasive species with indigenous species; no altering of watercourses; no dumping of trash, soil, dirt, fill, vegetative or other debris; or regrading or construction, except for the following activities.

Open space uses that are primarily passive in character shall be permitted to extend into the stream corridor and open water buffer, provided near stream vegetation is preserved, including:

[a]

Wildlife sanctuaries, nature preserves, forest preserves, fishing areas, with bank stabilization measures implemented, game farms, fish hatcheries and fishing reserves operated for the protection and propagation of wildlife, but excluding enclosed structures.

[b]

Passive areas of public and private parklands, including unpaved hiking, bicycle and bridle trails outside of the stream channel, provided that said trails have been stabilized with pervious materials.

Stream bank stabilization or riparian reforestation, which conform to the guidelines of the restoration plan described in § 175-47B(1)(h), or wetlands mitigation projects that have been approved by the Department of Environmental Protection are permitted to extend into the stream corridor and open water buffer.

Stream corridor and open water buffer crossings by recreational trails, roads, railroads, sewer and/or water lines and public utility transmission lines are permitted, provided that any disturbance is offset by buffer improvements in compliance with the restoration plan, as required by § 175-47B(1)(h), and any applicable state permits are acquired.

[4]

Agricultural land uses, including but not limited to cropland, pasture, fencing, nursery operations, silviculture and greenhouses, in existence as of the effective date of this subsection, are permitted. With the exception of fencing to exclude livestock from the stream corridor or open water, or placement of livestock watering troughs to keep livestock out of the stream channels or open waters, no new agricultural structures shall be permitted in the stream corridor buffer after the effective date of this subsection unless specifically permitted under the provisions of any state law which pre-empts the provisions of this ordinance. Necessary livestock crossings are permitted, with design approval.

(e)

The following activities associated with development applications after the effective date of this subsection are permitted within the stream corridor and open water buffer only if no other reasonable or prudent alternative is available:

Private or public water supply wells that have a sanitary seal, floodproofed water treatment facilities or pumping facilities.

Dredging or grading work incidental to permitted structures or uses, including stream cleaning and stream rehabilitation, lake dredging and other work undertaken to improve hydraulics or to protect public health permitted and approved by the New Jersey Department of Environmental Protection (NJDEP).

NJDEP-approved culverts, bridges and roads, provided that they cross the stream corridor as directly as practical.

[4]

NJDEP-approved sanitary or storm sewers and outfalls.

[5]

Health Department-approved septic systems.

[6]

Utility transmission lines installed during periods of low stream flow in accordance with soil erosion and sediment control practices and approved by the Morris County Soil Conservation District and permitted through the NJDEP.

(f)

Prohibited activities. Any activity not specifically authorized within Subsections B(1)(d) and (e) of this Section 175-47 shall be prohibited within the stream corridor and open water buffer. In no circumstances shall the following be permitted as exceptions to such provisions:

Any solid or hazardous waste facilities, including but not limited to sanitary landfills, transfer stations or wastewater lagoons.

Junkyards, commercial and industrial storage facilities and open storage of vehicles or materials.

(g)

Requirements for activities in stream corridor and open water buffers.

All new major and minor subdivisions and site plans shall be designed to provide sufficient areas outside of the stream corridor and open water buffer to accommodate principal structures, any customary accessory uses appurtenant thereto, as well as all planned lawn areas.

The applicant for any activity permitted in a stream corridor and open water buffer shall rehabilitate any degraded areas within the stream corridor and open water buffer in a manner acceptable to the Planning Board/Zoning Board unless the applicant demonstrates that it is not economically feasible to do so. The applicant shall also:

[a]

Rehabilitate and cure the effects of disturbance caused during construction through the use of best management practices (BMP's) recommended by the NJDEP.

[b]

Maintain the integrity of the surrounding plant community.

[c]

Maintain the existing ability of the stream corridor and open water buffer to protect the water quality of the stream. The applicant shall provide whatever additional measures are necessary to assure that the stream corridor and open water buffer will be rehabilitated or preserved and to prevent additional encroachments in the stream corridor and open water buffer likely to occur as a result of the approval granted. Conservation easements dedicated to the Township of Washington, in form satisfactory to the Township Attorney, shall be provided assuring that there will be no further intrusion on the stream corridor and open water buffer than that permitted by the activity approved.

(h)

Submission requirements and restoration plans.

At the time of application to the Planning or Zoning Board for development, the landowner, applicant or developer shall submit a map of the project site delineating the following conditions (at a scale of one inch equals 100 feet):

[a]

Topographic information at a two-foot contour.

[b]

Any slopes equal to or greater than 15% within the site.

[c]

Streams, wetlands and the one-hundred-year floodplain;.

[d]

Wetland boundary line(s).

[e]

Stream corridor and open water buffer boundary line(s).

[f]

The location of all existing and proposed activities, including improvements and land disturbance to be located within any of the above boundaries.

[g]

The applicant shall also provide, at a scale not smaller than one inch equals 30 feet, a stream corridor and open water buffer restoration plan that specifies best management practices and construction methods to be used to restore all land disturbed [see Subsection B(1)(g)] within the stream corridor and open water buffer. The restoration plan is subject to the approval of the Township Environmental Consultant. All plantings included in the plan shall consist of all native trees, shrubs, grasses and wild flowers. The Township can provide suggested specifications.

A map and restoration plan pursuant to this subsection is not required where the stream corridor and open water buffer is not being disturbed and conservation easements/deed restrictions are dedicated to the Township to ensure that there will be no future clearing or disturbance of the stream corridor and open water buffer.

Where it is desirable to preserve other areas within a subdivision because of soil conditions, rock outcroppings, tree masses, wildlife habitat, vistas or other significant horticultural, environmental or natural features, there shall be provided a drainage and/or conservation easement of sufficient area and width to protect and preserve the aforementioned features. Such easements shall be deeded to the Township prior to final subdivision approval and carry the following limitations:

No trees or shrubs shall be removed or destroyed on lands in the easement, except in accordance with approved forest management practices, and only upon approval of the Township Committee or its designee.

[Amended 5-21-2001 by Ord. No. 13-01]

No topsoil, sand, gravel or minerals shall be excavated or removed, except as may be required to build a pond, and then only if the Township approves the design and structure of the pond, it being the intent to preserve the natural function of the floodplain.

No buildings or structures of any description shall be erected.

No fill of any kind shall be permitted, except as may be required to build a road, and then only after the Township approves the design of such road as part of the subdivision.

Underground utilities.

In all subdivisions, all utility distribution lines or mains and all services shall be installed underground. In all such subdivisions, the applicant shall arrange with the serving utility for the underground installation of the utilities distribution supply lines in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff, as the same are then on file with the State of New Jersey Board of Public Utility Commissioners. However, lots which, in such subdivisions, abut existing streets where overhead electric or telephone distribution supply lines have heretofore been installed on any portion of the street involved may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground.

[Amended 6-15-1981 by Ord. No. 23-81]

In any particular situation where the applicant can clearly demonstrate that because of unusual topographic conditions or other unusual conditions having to do with the land, the installation of such utilities underground is impracticable or otherwise not feasible due to such conditions, then the Planning Board, in its discretion, may waive the requirement for underground installation.

§ 175-48 Conservation, erosion and sediment control.

All underground utility work which will be under the pavement of the street shall be laid sufficiently in advance to allow for complete settlement of the trenches, and in no event shall construction work be permitted over such excavation which, in the opinion of the Township Engineer, has not properly settled.

Streetlights. Streetlights shall be installed at street intersections or otherwise dangerous areas upon the recommendation of the Traffic Officer and final review of the Chief of Police.

[Amended 11-19-1979 by Ord. No. 72-79]

Measures used to control erosion and reduce sedimentation shall, as a minimum, meet the standards, specifications and recommendations of the Morris County Soil Conservation District and the Township of Washington. The following measures shall be included, where applicable, in the soil erosion and sedimentation control plan.

Stripping of vegetation, regrading or other development shall be done in such a way as to minimize erosion.

Development shall preserve salient natural features, keeping cut-fill operations to a minimum, and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and velocity of surface water runoff.

Whenever feasible, natural vegetation shall be retained, protected and supplemented.

The disturbed area and the duration of exposure shall be kept to a practical minimum.

Disturbed soils shall be stabilized as quickly as practicable.

Temporary vegetation or mulching shall be used to protect exposed critical areas during development.

The permanent (final) vegetation and physical erosion control measures shall be installed as soon as practical in the development.

Provisions shall be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development. Where necessary, the rate of surface water runoff will be mechanically retarded.

Until the disturbed area is stabilized, sediment in the runoff water shall be trapped by the use of debris basins, sediment basins, silt traps or other acceptable methods.

Whenever sedimentation is caused by stripping vegetation, regrading or other development, it shall be the responsibility of the developer causing such sedimentation to remove it from all adjoining surfaces, drainage systems and watercourses and to repair any damage at his expense as quickly as possible.

Maintenance of all drainage facilities and watercourses within any major subdivision is the responsibility of the developer until they are accepted by the Township of Washington or other approving agency.

It is the responsibility of any person doing any act on or across a communal stream, watercourse or swale or upon the floodway or right-of-way thereof to maintain as nearly as possible in its present state the stream, watercourse, swale, floodway or right-of-way during the duration of such activity and to return it to its original or equal condition after such activity is completed.

Maintenance of drainage facilities or watercourses originating and completely on private property is the responsibility of the owner to the point of open discharge at the property line or at a communal watercourse within the property.

No person shall block, impede the flow of, alter or construct any structure or deposit any material or thing or commit any act which will affect normal or flood flow in any communal stream or watercourse without having obtained prior approval from the Township of Washington and the New Jersey Department of Environmental Protection, Division of Water Resources.

Rights-of-way or easements having a minimum width of 30 feet shall be provided for all drainage facilities and watercourses which are proposed for acceptance by the Township of Washington or other official agency.

[Amended 6-15-1981 by Ord. No. 23-81]

Each person who makes any surface changes shall be required to:

Collect on-site surface runoff and dispose of it into the common natural watercourse of the drainage area.

Handle existing off-site runoff through his development by designing the stormwater system to adequately handle storm runoff from a fully developed area upstream.

The soil erosion and sediment control plan shall include the following:

[Added 5-16-1988 by Ord. No. 15-88]

A detailed sequence of construction complying with the criteria listed in § 175-39A through P.

Where detention/retention basins and/or major cut/fill operations are located on or near streams, springs or areas of high-water table.

No construction shall commence during the period from October 15 to April 15.

§ 175-49 Surface water management standards.

All construction shall be completed and stabilized by October 15.

[Amended 4-19-1982 by Ord. No. 9-82; 2-18-1985 by Ord. No. 2-85; 5-19-1986 by Ord. No. 18-86; 10-15-1990 by Ord. No. 33-90; 5-18-1998 by Ord. No. 13-98; 2-21-2005 by Ord. No. 2-05]

General standards. In the preparation of a surface water management plan, the following shall be adhered to:

All residential and nonresidential projects shall be designed in accordance with the design standards of N.J.A.C 5:21, Residential Site Improvement Standards (RSIS).

Provisions shall be made to collect and recharge surface water within the confines of the development whenever possible.

Maximum use shall be made of presently existing surface water runoff control devices, mechanisms or areas such as existing berms, terraces, grass waterways, favorable hydrologic soils, swamps, swales, watercourses, woodlands and floodplains in accordance with their functional capabilities, as well as any proposed retention structures. Use of existing surface water runoff control devices, mechanisms or areas on one or more adjacent properties may be considered by the Board upon receipt of appropriate written permission from the owner(s) of the property involved. Any decision by the Township to include adjacent properties in the surface water runoff plan shall be based on the following criteria:

Environmental and/or surface water management conditions peculiar to this site, specifically the presence of large natural detention areas immediately downstream of the site.

Installation of surface water runoff control devices in accordance with the Surface Water Management Ordinance would have a greater environmental impact.

Approvals including use of adjacent properties will not have an adverse effect on the neighboring properties, public streets, public safety or the environment.

Approvals including use of adjacent properties will not foreseeably result in need for public or private improvements to property other than the applicant's.

Evaluation shall be made of the subwatershed(s) of which the site is a part, the receiving stream channel capacities and point of concentration structure.

Surface water runoff shall generally not be transferred from one watershed to another.

(6)

The plan shall coordinate with the soil erosion sediment control plan and with all other applicable ordinances and statutes.

(7)

To the greatest possible extent, the plan shall avoid the concentration of flow and shall provide for the dissipation of velocities at all concentrated discharge points.

(8)

Re-establishing vegetative cover shall be in accordance with Standards and Specifications for Soil Erosion and Sediment Control in New Jersey, adopted by the Morris County Soil Conservation District, latest edition, and with all other applicable ordinances and statutes.

(9)

Timing for the plan shall establish permanent surface water management measures prior to construction or other land disturbance, to include seeding and establishing sod in grass waterways.

Design standards. The plan shall utilize the following design standards:

The design of stormwater management collection systems and facilities, including detention facilities, for all projects (residential and nonresidential) shall be in accordance with residential site improvement standards.

All outfalls are to be designed in a manner to retard velocities at the outfall and to provide stream channel protection. Where an outfall does not discharge directly into a well-defined watercourse, and where the volume or rate of runoff is increased as determined by the Township Engineer, the applicant shall obtain an easement for a right of open discharge from the property owner between the outfall and the receiving well-defined watercourse. The form of easement for a right of open discharge shall be approved by the Township Attorney.

[Amended 3-21-2005 by Ord. No. 8-05]

When a natural drainage pattern is necessarily intercepted, as by a street, provisions shall be made to accommodate surface water runoff from the areas upstream from the point of interception.

All structures and land treatment practices shall conform to Standards and Specifications for Soil Erosion and Sediment Control in New Jersey, latest edition, adopted by the Morris County Soil Conservation District, and all other applicable ordinances and statutes.

All water-carrying structures and/or retention areas shall be completed and stabilized prior to diversion of water to them.

(6)

Prior to developing the surface water management plan, there shall be an inventory of the site showing all existing natural and man-made drainage features (berms, terraces, grass waterways, favorable hydrologic soils, poorly drained soils, swamps, swales, watercourses, woodlands, floodplains). These shall be incorporated in the plan to the greatest possible extent in accordance with their functional capability.

(7)

Drainageways and watercourses which normally carry or receive surface water runoff shall not be overloaded with increased runoff, sediment or other pollution resulting from disturbance of soil and vegetation or incident to development, construction or other activity.

(8)

Due consideration shall be given to the relationship of the subject property to the natural or established drainage pattern of the subwatershed(s) of which it is a part as shown on the map Watershed Overlay of the Washington Township Natural Inventory Resource Inventory, Map No. 9.

(9)

Surface water runoff controls shall be designed to assure that the land in question uses no more than its proportionate watershed share of the natural stream and culvert capacity.

(10)

Additional surface water runoff control and recharge devices may be proposed, such as rooftop storage, dry wells, cisterns and roof drain infiltration trench, provided that they are accompanied by detailed engineering plans and performance capabilities.

Porous media. In the case of detention facilities utilizing porous media for ground absorption, such as dry wells, porous pavement or the like, the volume of the porous media shall be large enough to contain the total volume of rainfall excess within the voids. Ground absorption systems shall be used only where the infiltration rate of the receiving soil is acceptable as determined by percolation tests and soil borings or as determined by the Township Engineer. Provisions shall be made to contain overflow of such systems on site or to surface drain the overflow in such a way as not to adversely affect any other property.

Surface impoundment. If detention facilities utilizing surface impoundment, such as detention basins or rooftop storage, are used, sufficient volume to fully contain the total volume of rainfall excess shall be provided. The outlets of such facilities shall be designed to limit the maximum discharge rate of stormwater runoff to what occurs at the site under existing conditions and shall discharge in such a way as not to adversely affect any other property. If rooftop storage is proposed, the weight of the impounded water on the roof shall be accounted for in the structural design of the building, and the roof shall be designed to provide maximum protection against leakage. If earth berms or dikes are used to create the impounding area, they shall be adequately stabilized and the slopes protected with vegetative cover, paving or riprap to protect against failure or breaching.

Combination of techniques. If a combination of different stormwater detention techniques is used, combined volume of the systems shall be large enough to fully contain the total volume of rainfall excess.

Maintenance. The maintenance of all stormwater systems shall be in accordance with an approved stormwater management system maintenance plan. The plan shall be prepared to be consistent with the Township Stormwater Pollution Prevention Plan (SPPP).

Exceptions for site plans. Surface water management provisions cannot be waived, except that, where there are peculiar conditions to a site plan or to the area in the vicinity thereof, exceptions may be granted, at the option of the Board, based on the following criteria:

Waivers shall include mitigation measures at sites as outlined in the Township Stormwater Pollution Prevention Plan (SPPP).

Compliance with the literal enforcement of part or all of the standards is impractical, due to the size of the lot, shape of the lot or lack of availability of receiving streams/storm drains.

The amount of the increased impervious area (roofs, pavements, etc.) relating to the application and prior applications where waivers were granted by the Board does not exceed 7,500 feet.

The granting of the exceptions will not have an adverse effect on the neighboring properties, public streets, public safety or the environment.

The granting of the exceptions will not foreseeably result in need for public or private improvements to property other than the applicant's.

Landscaping. All detention/retention basins shall include landscaping utilizing the following design criteria:

Landscaping shall be compatible with the surrounding area.

Where the adjacent area is wooded:

Deciduous trees, evergreen trees or shrubs hardy to our plant zone shall be installed within the basin, excluding the dam embankment, and the surrounding disturbed area. Trees/shrubs within the basin shall be of a type compatible with flooding/wet conditions.

The only grassed area shall be the detention basin dam embankment, which shall be free of trees/shrubs and shall require periodic mowing.

Where the adjacent area is lawn:

The detention basin shall be a grassed area with suitable trees/shrubs located around the perimeter and within the basin, excluding the dam embankment.

The grassed areas shall require periodic mowing.

The landscaping plan approval for each site shall be based on the conditions at and around the site and based on visual aesthetics, durability and ease of homeowner maintenance.

§ 175-50 Fire-protection system.

[Added 2-16-1987 by Ord. No. 3-87; amended 4-16-1990 by Ord. No. 11-90]

For all subdivisions of five or more lots, where public water is not proposed, the subdivider shall, at his expense, install a fire-protection system. For subdivisions of five or more lots and less than 10 lots, a waiver may be granted if a public water system or fire-protection system is located within 5,000 feet of all proposed dwellings as measured along roads and driveways. The fire-protection system shall be in accord with the following criteria:

Every home in the subdivision must be within 1,000 feet, as measured along the streets and driveways, of an adequate source of water for fire protection. For large subdivisions, more than one source of water for fire protection may be necessary.

[Amended 4-17-2000 by Ord. No. 11-00]

The adequate source of water for fire protection shall consist of the following alternatives:

Underground storage tank(s).

Fire ponds or retention basing.

Lakes or streams or an equivalent alternate acceptable to the Board.

Underground storage tanks.

[Amended 9-18-1995 by Ord. No. 31-95]

For underground storage tanks, an adequate source of water shall be defined as a minimum of 30,000 gallons. The top of the tank shall be four or more feet underground. The tank shall be of fiberglass or other noncorrosive construction and shall be installed in accordance with the manufacturer's specification. In areas of high-water table, the tank shall be installed with antiflotation footings and straps. The tank shall include an access manhole, an inspection port to measure the water level, venting for 1,500 gallons per minute of discharge suction piping connected to the bottom of the tank, a suction hydrant with 4 1/2 N.S.T. threads located at an elevation no higher than 12 feet above the bottom of the tank and a suitable access road to the hydrant.

[Amended 4-17-2000 by Ord. No. 11-00]

Underground storage tanks shall be provided as follows:

Subdivisions of five but not more than 10 lots: a minimum of one tank.

Subdivisions of 11 but not more than 20 lots: a minimum of two tanks.

Subdivisions of 21 but not more than 30 lots: a minimum of three tanks.

Any increment of one to 10 lots, over 30 lots: a minimum of one additional tank.

NOTE: Each tank must have a minimum capacity of 30,000 gallons.

[Amended 4-17-2000 by Ord. No. 11-00]

Fire ponds.

For fire ponds and/or retention basins, an adequate source of water shall be defined as a minimum of 30,000 gallons, provided that the fire pond or the lower section of retention basins used for fire storage is:

[Amended 4-17-2000 by Ord. No. 11-00]

At least five feet deep.

The thirty-thousand-gallon volume excludes the bottom one foot of depth and the top two feet of depth.

The pond has an impervious bottom.

The pond has an adequate flow of water during drought conditions.

The pond/basin shall be equipped with a standard suction point with strainer to a suction hydrant and a suitable access road to the hydrant.

Lakes or streams may be used, subject to the subdivider's demonstrating that the lake or stream meets the criteria set forth above for fire ponds.[1]

§ 175-51 Private agricultural overlay zone road standards.

Editor's Note: Former Subsection 16-8.11, Standards for Recreation Facilities, added 6-17-1991 by Ord. No. 16-91, which immediately followed this subsection, was repealed 8-21-1995 by Ord. No. 27-95.

[Added 7-18-1994 by Ord. No. 15-94]

Dead-end street not to exceed 2,000 feet.

A loop or cul-de-sac to accommodate a fire engine.

Minimum width of 20 feet.

Maximum grade of 10% permitted.

Paving of the private road and the installation of drainage facilities shall only be required if the Township Engineer determines that they will be needed to prevent drainage problems on the adjacent Township roads or the private road.

The ownership and maintenance of the private road will be the responsibility of the lot owners.

Private roads shall comply with driveway requirements per Chapter 172, Streets and Sidewalks, Article III, Driveway Construction, except for the more stringent requirements cited above.

§ 175-52 Geotechnical improvements.

[Added 4-20-1998 by Ord. No. 4-98]

Where geotechnical improvements are required by § 175-30, the design and construction of the improvements shall be accomplished so as to minimize, to the greatest extent practical, the development of future sinkholes or other karst hazards and the pollution of surface and ground water resources. Table 1 (Design Elements, Risks, Testing Requirements, Performance Standards, Preferred Design Features and Remedial Plan Elements for Development on Karst Terrain)[1] represents the best technical judgment currently available and may be used as a guide. However, none of the items in Table 1 are intended to preclude the application of the best professional judgment, innovation and experience.