[v] The observation wells and test well must have a geologic log describing the depth and types of soils and rocks encountered and the depth and approximate yields of water-bearing fracture zones. The observation wells should be completed to a similar depth as the test well.
[vi] The design of the aquifer test shall be developed using the applicable guidance from "Guidelines for Preparing Hydrogeologic Reports for Water Allocation Permit Application with an Appendix on Aquifer - Test analysis Procedures" NJGS GSR 29 (1992 or most recent edition) or successor document. The aquifer test shall be conducted according to the following procedure:
[A] Owners of existing wells on lots located within 500 feet of the property boundary shall be given an opportunity to have their wells monitored during the aquifer test. Such opportunity shall be given by the applicant by notice via certified mail and shall give the time and place of the aquifer test. A letter acceptable to Clinton Township is included in Appendix A. The notice shall indicate that such existing well may be monitored if agreed to by the well owner provided the well is readily accessible. Such notice shall indicate that the existing well owner must respond within seven days and the applicant's responsibility is to monitor up to three wells on properties within 500 feet of the property boundaries. If the owner of the lot within 500 feet of the property boundaries decides to participate by agreeing to have their existing well monitored, they shall notify the applicant' by certified mail. Such response shall be provided within seven days of receipt of the certified notice from the applicant. If the applicant receives no response within the time provided, the response shall be deemed to be negative.
[B] All reasonable efforts shall be made to protect the potability of water from the monitored well.
[C] In the case when more than three property owners within 500 feet of the property boundaries decide to participate and to have their existing wells monitored, only three nearest to the test well need be monitored. However, if any of the property owners requesting monitoring have wells completed to a depth less than 100 feet, these wells must also be monitored in addition to the three nearest wells. A map depicting the location of all wells to be monitored and a list of all property owners within 500 feet of the property boundary that requested monitoring is to be submitted to the Board for review and approval prior to implementing the aquifer test.
[D] Prior to conducting an aquifer test, the applicant shall submit the design of such aquifer test including the location of wells to be monitored on adjacent lots and qualifications of the persons and firm who will be performing the test for review by the Board. Such review may include submission of such design to a qualified hydrogeologist representing the Board for review and recommendations. The Board may consider the comments and recommendations of the Board's Hydrogeologist prior to approving the aquifer test plan. A fracture trace analysis showing the location and orientation of fractures beneath the site must be included with the aquifer test plan. This same analysis with additional information regarding septic system locations must be included in the final report. This fracture trace analysis should be used to identify all observation wells, which should be located along strike of the primary geologic fractures/structures on and near the property.
[E] The aquifer test will be conducted in three phases. The first phase will involve the collection of background water levels prior to the start of the test. The second phase will involve the pumping of water from the well and the monitoring of water-level drawdown in the observation and pumping wells. The third phase will involve the recovery of water levels in the observation and pumping wells after the pump has been shutdown. This third phase of the test should at a minimum, be the same length as the pumping phase.
[F] The aquifer test (all three phases) shall not be conducted during a precipitation event or events in which total precipitation exceeds 0.5-inches. If precipitation occurs during the test, the applicant should provide precipitation amounts and sufficient data to show that the precipitation did not recharge the aquifer during the test and adversely impact the testing results. If precipitation amounts exceeding 0.5-inches are recorded, the test must be repeated.
[G] The background phase includes allowing the test well and observation wells to stabilize for a minimum of three days before the test. At a minimum, water levels should be measured each hour from the test well and observation wells for a twenty-four-hour period prior to the start of pumping. It is the applicant's responsibility to collect sufficient data to determine background conditions and to ensure that antecedent influences can be fully characterized. Barometer measurements and additional water-level measurements can be made by the applicant to evaluate the change in water levels resulting from barometric pressure changes and/or influences from off-site pumping.
[H] On the day of the pumping phase, water levels shall be collected from all wells. For those wells showing a change of more than 0.1 foot, a second round of measurements shall be collected before starting the test. Additional rounds of measurements may be necessary to determine that the well is in equilibrium. However, if the applicant has barometric pressure and water-level data to indicate that the change in static levels is due to changes in barometric pressure and/or antecedent influences, the applicant can submit these data in lieu of delaying the pumping phase.
[I] The pump and discharge pipe shall be equipped with an orifice/manometer apparatus and calibrated flow meter to instantaneously measure flow rate and determine total volume pumped from the well. The discharge shall be directed so that it leaves the site without infiltrating to the aquifer. Any and all permits required by the NJDEP for the discharge of water must be obtained prior to starting the test.
[J] When the pump is started the flow rate shall be adjusted immediately to a uniform pumping rate as required for a constant rate test and in accordance with the approved aquifer test plan. The flow rate shall not vary more than 10% throughout the test. If the flow rate fluctuates more than 10%, the test may be deemed invalid and the applicant required to repeat the notification and testing process.
[K] Water-level measurements during the pumping phase of the test shall be collected in accordance with Table 4. This same schedule shall be followed for the recovery phase of testing upon shut down of the pump in the test well.
[L] If the water levels in the observation wells and test well do not fully recover to static (prepumping) levels within a length of time since pumping stopped equal to the length of pumping, the test will be deemed to have failed unless adequate data can be provided to ensure that the aquifer is of sufficient extent to prevent the mining of groundwater.
[M] Groundwater samples should be collected during the pumping phase from the pumping well. The samples should be collected in accordance with the NJDEP Field Procedures Manual. At a minimum, the samples should be analyzed by a NJDEP certified laboratory for hardness, iron, manganese, copper, lead, nitrate, ammonia, chloride, and coliform bacteria. The samples shall also be analyzed for volatile organic compounds for which the USEPA or NJDEP has determined maximum contaminant levels. In addition, field measurements of pH, conductivity, and total dissolved solids should be made with calibrated instruments. If site conditions indicate potential historic uses of pollutants such as, heavy metals, pesticides, herbicides, and/or other volatile organic compounds, these analyses should be conducted. Based on past historical operations at the site or at nearby properties, the Board, at its discretion, may require additional analyses of groundwater to assess potential future and current impacts. The results of the water sample analyses will be used to assess background water quality.
[N] The Township may choose to have a person of its choosing monitor the aquifer test.
[b] Adjacent properties. The observation wells shall be placed to determine whether the cone of depression from the pumping well will extend beyond the property boundary in any direction. This shall be determined by actual measurements or from projecting the drawdown based on observation well data. If the wells are in use, they should be allowed to stabilize before the pumping phase begins. A minimum of two water level measurements shall be collected from each well before the test. For any observation well which has been pumped within the 24 hours preceding the test, two depth to water measurements at least one hour apart shall be collected.
[c] Hydrogeologic report.
[i] A hydrogeologic report shall be provided with each non-residential or residential site plan application. The report shall document the design and implementation of the aquifer test. The report shall include all water-level data collected during the three phases of testing, the calculations of aquifer characteristics such as transmissivity and storage coefficient, calculations of the cone of influence, potential impacts to adjacent well owners, and the long-term sustained yield for the wells. All water-level measurements obtained during the aquifer test shall be included with the report on a floppy disk or compact disk in ASCII text format. The report shall also evaluate and draw conclusions from the aquifer test based on data collected and evaluation of available information concerning geologic conditions.
[ii] The report shall include a detailed hydrogeologic description of the aquifers encountered beneath the site and adjacent properties. The report must include a detailed evaluation of the water-supply demand for an average and peak day and this demand should be supported with information on anticipated usage of the property. An inventory of all wells within 1,000 feet of the proposed subdivision boundaries should be appended. Figures depicting site geology, topography, water-level elevations, and plans shall be included. In addition, all water-quality sampling data shall be tabulated and summarized in the report. Only one copy of the laboratory reports is necessary for filing with the Township. The report should include a detailed evaluation of potential impacts from subsurface sewage disposal systems on groundwater quality. A site plan depicting well, septic leach field, and fracture trace locations at a minimum scale of 1-inch equals 200 feet should be included. For any and all locations where a fracture or set of fractures intersects the on-site water-supply well and/or septic leach field, a detailed assessment of treatment technologies should be included. The treatment technologies should provide adequate assurances that any and all groundwater pumped from the well will satisfy federal and New Jersey drinking water standards and will not be adversely impacted by the septic leach field discharges.
[iii] The hydrogeologic report shall be prepared and signed by a qualified hydrogeologist using applicable sections of GSR 29 or successor document as a guide. A qualified hydrogeologist shall be an individual who has received a ' minimum of a bachelor's degree in geology at an accredited institution or has completed an equivalent of 30 semester hours of geological education while obtaining a Bachelor's or Master's degree in a related field of engineering or science at an accredited institution. Such a person must also demonstrate five years of professional work experience in the practice of applying geologic principals to interpretation of groundwater conditions. The individual should provide a resume or curriculum vitae to document education and experience requirements.
[iv] The hydrogeologic report shall include the name and license number of the well driller and pump installer. The report should include the names of the persons and firm responsible for collecting the water-level measurements. In addition, the report should include copies of the completed NJDEP well records.
[v] The aquifer test and analysis shall be deemed to have failed if such test cannot demonstrate to the satisfaction of the Board that sufficient groundwater supply exists to supply water via wells at a rate meeting at least the average daily demand for the proposed development. If the drawdown is measured or projected to be more than one foot at any existing adjacent property well or along the property boundary, the applicant's hydrogeologist must evaluate the impact on adjacent properties based on the actual condition of wells in that zone.
[vi] If a drawdown of five feet or more is noted in any existing adjacent property well, or is projected at any property boundary, then the proposed development shall have failed the aquifer test. In the event of a failed aquifer test, because a drawdown of 5 feet or more is noted in any existing adjacent property well or is projected at any property boundary, either the applicant should decrease the average daily demand or demonstrate to the satisfaction of the Board that the impacts will not significantly reduce yields to existing and future wells.
D. Environmental impact statement requirements shall be as follows:
E. Planning Board review. [Amended 5-9-1988 by Ord. No. 367-88]
(1) In reviewing an EIS, the Planning Board shall take into consideration the effect of the proposed project upon all aspects of the environment, including but not limited to sewage disposal, water quality, water supply, preservation of trees and vegetation, protection of watercourses, protection of air resources, protection of aquifers, protection of public lands and their uses and ecosystems and the avoidance of any nuisance factors. The Planning Board will submit the EIS for review to the Township Environmental Commission and may submit such statement to such other governmental bodies and to such consultants as it may deem appropriate. The Planning Board shall request that an advisory report shall be made to it by the governmental body or consultant within 45 days of the submission of the EIS to such governmental body or consultant. The Planning Board shall reject the proposed project on an environmental basis, if it can reasonably determine that the proposed project:
(a) Will result in appreciable harm to the environment or to the public health and safety;
(b) Has not been designed with a view toward the protection of natural resources; and
(c) Will place any excessive demand upon the total resources available for such project and for any future project.
(2) Geologic segment. [Added 12-12-2002 by Ord. No. 799-02]
(a) At the applicant's option, results of the Critical Geologic Formation Area Investigation Program required for the geologic segment of the EIS may be submitted to the Planning Board prior to the completion of other segments of the EIS and, if so submitted, shall be reviewed by the GTC. The GTC shall confer with the Township Environmental Commission and request their input and nonbinding recommendations.
(b) The geologic segment of the EIS, in addition to the information referred to in § 165-72C(7), shall include a discussion of the probable effects of the proposed development upon Township water resources as related to existing geologic conditions and investigation results; a presentation of proposed engineering solutions (specifically as to design and construction aspects, including alternate solutions where appropriate); provisions for inspection and monitoring procedures during construction; and any long-term monitoring/inspections which may be recommended.
(c) During his review of the geologic segment of the EIS for proposed development in the CGWPA, the GTC shall consider the date, formal reports, maps, drawings and related submission materials and shall advise the Planning Board whether or not the applicant has provided the Township with:
[1] Sufficient design, construction and operational information to ensure that the proposed development of the tract will not adversely impact on the health, safety and welfare of the community.
[2] The proposed method of development of the tract will minimize any deleterious effects on the quality of surface or subsurface water and will not alter the character of surface and subsurface water flow in a manner deleterious to known conditions on tract or off tract.
[3] Specific details ensuring that design concepts and construction and operational procedures intended to protect surface and subsurface water. - in critical zones will be properly implemented.
[4] The submission provides specific details on inspection procedures to be followed during construction.
[5] Within the CGFA,' no residential or non-residential development shall be permitted that involves the discharge of any liquid (including septic wastewater) into or on the soils unless there is a positive demonstration by the applicant that such discharge will not chemically react with the underlying geology so as to increase significantly the likelihood that solution cavities or sinkholes will result.
[6] The subdivision or site plan for any development to which this Chapter applies shall address and respond in a satisfactory i-nanner to thane problems which have been identified in the geotechnical investigation program, and, as a minimum, shall address and so respond to the items in Subsection E(2)(c)[6][a] through [m] below. Approvals of major subdivisions or site plans shall be contingent upon the positive demonstration by the applicant that the following issues have been appropriately responded to:
[a] Adequate support is provided for structures, roads, and subsurface utility lines to span soft soil or sinkholes.
[b] Stormwater and sanitary sewer lines are designed and constructed with watertight joints.
[c] All pipe for storm drainage installations shall be reinforced concrete culvert pipe with rubber gaskets in sizes 12 inches and above. For smaller pipe, to be used for roof drains, underground stormwater management or other uses, pipe shall be PVC pipe with glued joints to form a watertight seal.
[d] A trench backfill detail for storm drain, sanitary sewer and all utilities shall be provided on the plan indicating a relatively impermeable soil for pipe bedding and backfill of the trench. Imported backfill material and excavated materials from the site may be used for trench backfill with the approval of the Township Engineer if it meets the following requirements:
[i] The backfill material to used one foot above, below and around the pipe or utility shall be free of stone two-inch in size or larger.
[ii] The backfill material to be used one foot above the pipe or utility shall be free of stones six inches or larger.
[iii] All baclfill material shall be installed and compacted in six-inch to eight-inch lifts. Moisture content shall be controlled and maintained with the optimum limits to obtain 95% compaction based upon the American Society for Testing and Materials (ASTM) D 1557 standard.
[iv] Reports for testing or material to be used for backfill shall be provided for review and approval of the Township Engineer indicating that the.material is suitably impermeable for the intended use.
[e] Typical details for repair of sinkholes found on the site before and during construction shall be provided on the plans. These details shall be approved by the Township GTC.
[f] Stormwater management impoundment facilities (detention ponding, etc.) shall be constructed with a low permeable liner (man-made or impermeable soils). If a soil liner is used, it shall be at least 12 inches thick. All liners shall cover the bottom and side slopes of the facility.
[g] All stormwater improvement facilities shall contain an impervious low flow channel from all pipes outletting into the facility to the outlet structure. This shall be either a concrete channel with an impervious soil liner underneath or other impervious low flow channel approved by the Township Engineer.
[h] Where pavement is to be placed within six inches of exposed or excavated carbonate bedrock, a bed of at least six inches thick (compacted) of dense graded aggregate or equivalent shall be placed over the rock prior to paving.
[i] Water supply and other pressurized utility lines intended to transport liquids beneath the ground surface are equipped with flow alarms or automatic shutdown mechanism to detect breaks which would allow water or other liquids to escape.
[j] Site grading and blasting has been minimized, insofar as is reasonably practicable.
[k] Specific details have been shown, describing the design concepts as well as the construction and operational procedures that will be used to protect the surface and subsurface water from potential contamination, as well as a specific schedule of construction for the development, as these items relate to the method to minimize or eliminate the occurrence of sinkholes, has been submitted.
[l] Specific details have been shown describing the construction and inspection procedures intended to disclose potential hazards as well as the possible means for remediating any potential karst-related hazard that might be encountered during construction.
(d) The Planning Board shall consider the recommendations from the geotechnicai consultant, and approve or disapprove the proposed geoted-meal aspects of the development plan and associated construction techniques. In the event that the Planning Board disapproves of the proposed development plan and associated construction procedures, the Board shall state in the resolution its reasons for disapproval.
F. Conditions. The steps to be taken to minimize the adverse environmental impacts during construction and operation and the alternatives which may be approved by the Planning Board shall constitute conditions of the approval of the EIS, together with such other conditions as the Planning Board may impose. No certificate of occupancy shall be issued until compliance shall have been made with such conditions.
G. Waiver. The Planning Board, at its sole discretion, may waive the requirement for an EIS, in whole or in part, upon receipt of a written request, if sufficient evidence is submitted to support a conclusion that the proposed project will have a negligible environmental impact or that a complete EIS need not be prepared in order to evaluate adequately the environmental impact of a project.
H. Geologic hazards reeevaluation, compliance and enforcement. [Added 11-23-1987 by Ord. No. 354-87; amended 12-12-2002 by Ord. No. 799-02]
(1) Reevaluation.
(a) In certain situations, a specific geologic hazard may not be identified while the geologic investigation program is underway and may be discovered only during or following construction at a site. In such cases the applicant shall:
[1] Report the occurrence of the hazard to the Township Clerk within 24 hours of discovery;
[2] Immediately halt construction activities that would impact the geologic hazard or that may be impacted by the hazard;
[3] Prepare a brief report on the geologic hazard that analyzes the impact of the hazard and details a remediation plan for review and approval by the Township geotechnical consultant;
[4] After obtaining approval from the Township, perform the necessary remediation of the hazard to prevent or minimize damage to buildings, structures, utilities, driveways, parking areas, roadways, and other site improvements, and to minimize pollution of the groundwater;
[5] Repair any damage to on-site improvements and restore ground cover and landscaping;
(b) In those cases where the hazard cannot be repaired without adversely affecting the site plan or subdivision, the applicant shall file an amended application for a site plan or subdivision approval in compliance with the provisions of this chapter.
(2) Compliance and enforcement.
(a) Compliance with this section is required prior to the granting of Township subdivision or site plan approval, the granting of zoning or building permits, or the municipal endorsement of state permits and treatment works approvals, unless the applicant is exempted from the provisions of this chapter or the requirements in this chapter have been waived. The enforcement officials for any application requiring the approval of the Planning Board or Board of Adjustment and subject to this chapter shall be the Township Engineer and the Township GTC. The enforcement official for zoning or building permit applications that are subject to this chapter shall be the Zoning Officer or Construction Code Official. For well and septic system installation, the municipality's Sanitarian shall serve as the enforcement officer. The Township GTC, Engineer, or Sanitarian shall serve as the enforcement officials for wastewater systems requiring NJDEPS permits or treatment works approvals. The applicant shall indicate on the plans their intent to comply with all the requirements of § 165-72 pertaining to development in limestone areas.
(b) Failure to comply with any of the conditions in this chapter may result in the issuance of a stop-work order, revocation of building permits, or denial of certificates of occupancy. Remedial and corrective measures may be mandated if the appropriate construction and site planning techniques, as outlined in the applicant's approved geotechnical report, are not followed and result in actions that adversely impact karst features.
A. Purpose. The purpose of this section shall be to apply rules, regulations and standards for the improvements required prior to the acceptance of roads or improvements into the municipal road or utility systems of the Township. This section shall apply to new roads or improvements hereafter created and to existing roads, improvements or rights-of-way presently used but not accepted into the municipal road or improvement systems of the Township and not heretofore accepted for full municipal maintenance.
B. Required approval of plans.
(1) The Township Engineer must review and approve the plans for construction of the improvements envisioned herein. Construction plans in detail similar to those required for submission to a state agency must be submitted in plan and profile view, together with cross sections, details and engineering calculations sufficient for a thorough review and adequate to be used as the plans for actual construction. Deviations from the approved plans will not be permitted until written approval is obtained from the Township Engineer.
(2) If the improvements to be installed hereunder are part of the requirements of subdivision approval, then the detailed construction plans approved by the Planning Board and Township Engineer may be used to satisfy the requirement of this subsection. The submission to the Township Engineer must be accompanied by approval reports from any local, county, state or federal agency having an interest in the application.
C. Construction standards; compliance required; contractors' qualifications.
(1) Subsequent to the adoption of this section, all roads and improvements shall comply with the following standards of construction before the same are accepted into the municipal road or improvement systems of the Township and accepted for full municipal maintenance.
(2) The term "plan" as used herein shall be the road and improvement plan approved by the Planning Board of Clinton Township where a new road or an improvement of an existing road or an individual improvement is required by virtue of a subdivision, or a road or improvement plan approved by the Township Engineer in the case of an existing road or improvement being improved to Township standards for the purpose of acceptance into the Township road or improvement systems for full municipal maintenance.
(3) All installations shall follow good engineering and construction practices as currently used in the area and the standards of design and construction of the detail drawings annexed hereto as Exhibits A through E inclusive, and shall further follow the construction practices as set forth in the Standard Specifications for Road and Bridge Construction, 1961, as amended, New Jersey Department of Transportation, commonly referred to as the "Green Book" (hereinafter referred to in this section as the "Green Book"), unless modified herein, and any amendments or supplements thereto.
(4) The contractor chosen by the developer/applicant must be qualified by experience to perform the type of work required and must be prepared to prove that he has done similar work satisfactorily in other municipalities. The contractor shall, on request of the Township, submit a written statement showing as a minimum his/her plan for doing the work, his/her commitments for the supply of materials, the equipment he/she has available to do the work and its condition, a list of past and present contracts and such other information and documentation as the Township may require.
(5) The contractor chosen by the developer/applicant must have a full-time qualified superintendent an the project at all times when work is being done on the improvements. The name of this superintendent shall be furnished to the Township Engineer at the pre-construction conference. This full-time superintendent shall be responsible for all subcontractors.
(6) The developer/applicant is at all times responsible for the contractor.
D. Earthwork.
(1) The Articles of Division 2 of the Green Book must be strictly adhered to in the work. The applicant's attention is specifically called to the provisions for removal of unsuitable material from the subgrade and to the need for adequate compaction of all fills.
(2) Subbase material shall be placed in roadway areas to eliminate unstable conditions. The Township Engineer shall inspect and direct to ensure the subbase material is properly placed.
(3) The project must be kept properly drained at all times during construction of the subgrade.
E. Pavements.
(1) Only those pavements shown on the detail drawing exhibits annexed to this section shall be permitted for the work.
(2) If macadam base course or a premixed or quarry-processed base course is permitted and to be used, it must be constructed with a stone spreader or stone box and at the density specified for the project by the Township Engineer.
(3) All materials and mixes used must conform to current New Jersey State Department of Transportation Standards and must be from New Jersey State Department of Transportation approved sources of supply/manufacture.
(4) Weather limitations imposed by Division 3 of the Green Book will be strictly enforced.
(5) Rates and temperature of application of bituminous materials will be as specified by the Township Engineer for the project.
(6) Clean stone is required for penetration macadam. The Township Engineer shall inspect and determine whether the stone is proper. Any stone delivered to the project and determined by the Township Engineer of his/her representative to be unsatisfactory shall not be unloaded.
(7) All pavements, regardless of type, must be constructed at suitable density. The Township Engineer shall inspect and determine whether the density is suitable prior to construction.
(8) Paving may not commence until approval of the subgrade has been given by the Township Engineer.
F. Bridge structures. Refer to Division 4 of the Green Book.
G. Road structures and drainage.
(1) Underdrain shall be constructed where necessary as construction progresses. The Township Engineer shall inspect and determine whether underdrain is necessary.
(2) Only new reinforced concrete culvert pipe of the proper class may be used.
(3) All materials must be from a source of supply approved by the New Jersey State Department of Transportation and shall be so marked where applicable.
(4) Backfill of pipe trenches and areas around road structures shall be as required by Article 2.7.3 of the Green Book.
(5) Pipes are to be laid true to line and grade as established by the approved plans and no curvature or departure from a perfectly straight alignment, either vertically or horizontally, will be permitted.
(6) Manholes and inlets are to be constructed so that castings bear evenly on all supporting walls. Cocked or unevenly supported castings will not be permitted. Weep holes must be provided in all storm sewer structures unless the Township Engineer determines that weep holes are not necessary and waives this provision. Proper channels must be poured in all drainage structures and nines are to be cut off flush with structure walls.
(7) All curbing is to be constructed on a firm and thoroughly tamped subgrade. No departure from true alignment and grade will be permitted. Cracked or otherwise damaged curb will not be approved. Expansion joints are to be placed at twenty-foot intervals and false joints at the midpoint of each curb section. The full depth of curbing (20 inches) must be provided under depressed driveway openings.
(8) Headwalls and inlets are to be cast in place. No precast structures are allowed.
(9) The type of guardrail shall be as specified on the plans and as approved by the Township for the project. Guardrail shall be constructed only by an experienced guardrail contractor.
(10) The Township Engineer is to be consulted for approval of the design criteria for items such as storm sewer sizing and spacing and locations of inlets.
H. Electrical work.
(1) Refer to Division 6 of the Green Book.
(2) All utility trenches for electrical service or similar services, such as underground telephone, are to be backfilled and tamped as directed by the Township Engineer similar to trenches for other utilities, including storm sewers. All road crossings must be made and backfilled prior to commencement of the paving operation.
I. Landscape design. [Amended 6-13-2007 by Ord. No. 923-07]
(1) Landscape design shall be in accordance with § 165-77.
(2) All projects require a plan which complies with the Soil Erosion and Sedimentation Control Ordinance and Section 40-355, Surface Water Management Control. This plan must be approved by the Township and be strictly adhered to.
J. Materials and tests. Divisions 8 and 9 of the Green Book shall be adhered to unless the Township Engineer determines that compliance with them is unnecessary under the particular circumstances. In the event the Township Engineer waives compliance with any of the provisions of these divisions, he/she must state the specific reasons compliance is not necessary.
K. Sanitary sewers and appurtenances.
(1) This is a special division which is not covered by the Green Book. Where such regulations exist, the applicant is bound by any rules adopted by any Township body having jurisdiction over sanitary sewers.
(2) Sanitary sewers are to be located, designed and constructed in strict accordance with the rules and regulations currently in effect and promulgated by the New Jersey State Department of Environmental Protection. Permits required by the Department must be applied for and obtained by the applicant. Approval of plans is also required by the Township Engineer and the Township body having jurisdiction over sanitary sewers.
(3) Sanitary sewers (including laterals) are to be bedded and backfilled as required by the Township Engineer and the detail exhibit. Pipe trenches are to be backfilled and tamped as required by Article 2.7.3 of the Green Book.
(4) Gravity sanitary sewer pipe must be cast of ductile iron, vitrified clay or asbestos cement as shown on the plans. Approved classes and types of pipe must be appropriate for the intended installation. All pipe is to be installed in a manner designated by the Township Engineer to protect against shear or any type of breakage. Force mains are to be constructed of ductile iron.
(5) Sewers will be tested by the applicant under the inspection of and as directed by the Township Engineer for infiltration and must meet infiltration standards established by the State Department of Environmental Protection. Sewers will be initially tested upon completion and subsequent tests will be required periodically until the sewer improvement is accepted by the Township at the end of the maintenance period. All defects found will be corrected immediately. Hard-to-locate sources of infiltration or inflow may require televising at the expense of the applicant.
(6) Treatment facilities, pumping stations, metering pits, force mains and other sanitary sewer appurtenances require approval permits and testing as required above for sanitary sewers.
(7) All gravity house laterals are to be provided with an observation/cleanout hole at a location directed by the Township Engineer.
(8) It is the obligation of the applicant to arrange for the sewer capacity he/she requires with the appropriate agency.
L. Water service installations.
(1) This is a special division which is not covered by the Green Book. Where such regulations exist, the applicant is bound by any rules adopted by any Township body having jurisdiction over public water facilities. If water is furnished within the Township by a body other than the municipal government itself, such permits as may be required by that other body must be secured by the applicant and the rules of that body are to be adhered to as well as the rules herein.
(2) Water facilities are to be located, designed and constructed in strict conformance with the rules and regulations promulgated by the New Jersey Department of Environmental Protection. Permits required by the Department must be applied for and obtained by the applicant. Approval of plans is also required by the Township Engineer and the Township body, if any, having jurisdiction over public water supplies.
(3) Water mains and the portion of services within the road right-of-way are to be bedded and backfilled as required by the Township Engineer and the detail exhibit. All pipe trenches are to be backfilled and tamped as required by Article 2.7.3 of the Green Book.
(4) Water pipe must be of the type and material specified by the agency responsible for supplying and/or regulating the supply of water within the Township.
(5) Fire hydrants are to be located where directed by the Fire Department serving the area of the project and must be the type designated by that Fire Department so as to be compatible with fire-fighting equipment.
(6) Fire hydrants and the total water supply facility for the project must be certified by a qualified independent agency as meeting the minimum requirements for fire flows and domestic use. With respect to fire flows, certification is required from the Insurance Services Office of New Jersey.
(7) It is the obligation of the applicant to arrange for the water capacity he/she requires with the appropriate supplier and to furnish documented proof of the supplier's ability to supply.
M. Other permit requirements. Any of the improvements to be installed under this section may require, in addition to the provisions hereof, permits for the construction and occupancy of structures falling under the jurisdiction of the State Uniform Construction Code and the Construction Official. It is the obligation of the applicant to ascertain the need for such additional permits and to obtain the same for items such as but not limited to pump houses, treatment facility buildings, construction offices and warehouses.
N. Other improvements.
(1) Improvements necessary to the proposed project or required for the project not specifically covered by the Green Book or by other sections of this section must follow normally accepted standards for the design and construction of those improvements currently in use in the area. Examples of items which might fall under this category are stormwater detention-retention devices, drainage swales, recharge wells, filter berms and others, without limitation. Improvements of this nature are to be based on design criteria currently being used in the municipality and specifics are to be approved by the Township Engineer.
(2) Unique or unusual engineering solutions to problems which result from improvements under the purview of this section will be reviewed on a case-to-case basis and the applicant is expected to supplement his/her submission of plans with proof that the solution has functioned satisfactorily elsewhere.
O. Inspection fees.
(1) All improvements, including electric, gas, sewer and water lines, shall be installed under the inspection of the Township Engineer, the cost thereof to be borne by the developer or applicant. Inspection costs shall be computed by the Township Engineer in accordance with the following schedule. If the total cost of required improvements is:
(a) Not over $5,000, then the fee is $250.
(b) Over $5,000 but not over $10,000, then fee is $250 plus 4 1/2% of excess over $5,000.
(c) Over $10,000 but not over $50,000, fee is $475 plus 4% of excess over $10,000.
(d) Over $50,000 but not over $75,000, fee is $2,075 plus 3 1/2% of excess over $50,000.
(e) Over $75,000 but not over $100,000, fee is $2,950 plus 3% of excess over $75,000.
(f) Over $100,000, fee is $3,700 plus 2 1/2% of excess over $100,000.
(2) Such fee, in the form of cash or certified check, shall be deposited with the Township Clerk before the commencement of any construction. Any unexpended portion of the inspection fee shall be returned to the developer; or the developer shall reimburse the Township for inspection costs which exceed the inspection fee.
(3) For the purpose of establishing fee amounts, the applicant's engineer shall furnish to the Township Engineer an estimate of the cost of the improvements based on prices currently common to municipal-type contracts in the area.
P. Notification of Engineer.
(1) At least two weeks prior to the start of construction, the applicant shall notify the Township Engineer in writing, with a copy to the Township Clerk and Secretary of the Planning Board, of the date when construction will begin, so that a preconstruction conference can be held and inspections may be conducted by the Township Engineer. If, during installation of any required improvements, the developer fails to meet specification requirements or to correct unacceptable work, the Township Engineer shall notify the developer verbally, confirmed in writing by certified mail, return receipt requested, of the developer's failure to comply. If, within 10 days of the date of receipt of the notice, the developer fails to perform in accordance with the Township Engineer's directions, the Township Engineer shall notify the Township Council, which, in turn, shall cause the issuance of a stop order on further construction and take such remedial action as the circumstances require.
(2) Any improvements installed and not inspected by the office of the Township Engineer will not be accepted into the Township road or improvement system.
(3) A change in contractor(s) will require a new preconstruction conference.
(4) Where required by the Township Engineer, samples of concrete or any other' materials used in the course of construction may be taken and tested in a Township-approved testing laboratory, with the cost of the laboratory analysis to be paid by the developer or applicant independent of the inspection deposit.
Q. Filing of plans. The developer/applicant shall provide and file with the Township one set of as-built improvement plans and profiles on Mylar showing actual construction as approved, prior to the granting of final subdivision approval and prior to the initial acceptance of the work.
R. Performance guaranties. The Township may accept a performance guaranty for the installation of sidewalks, monuments and shade trees only. The performance guaranty for these improvements shall be equal to 150% of the cost of the improvements as estimated by the Township Engineer. At least 20% of the performance guaranty shall be in the form of cash or a certified check made payable to Township of Clinton. The cash or certified check shall be deposited or invested by the Township Treasurer in the manner prescribed by law for municipal funds, the principal amount to be refunded to the developer upon satisfactory completion of the improvements and release of the applicable performance bond, or sooner at the discretion of the Township. The performance guaranty shall run for a term not to exceed 18 months from the date of approval. With the consent of the principal, the performance guaranty may be extended by the Township after recommendation by the Planning Board by resolution for an additional period not exceeding 18 months. The performance guaranty may be reduced or released in accordance with the procedures established pursuant to the provisions of N.J.S.A. 40:55D-53.
S. Terms and conditions of approval. Prior to any construction, the Planning Board shall pass a resolution incorporating all the terms and conditions of approval imposed by the Planning Board. The resolution shall establish a schedule of completion dates and period for completion of all improvements, which period shall not exceed 18 months. In addition, the resolution shall require that the developer:
(1) Procure necessary drainage or other easements or rights-of-way, including those necessary to provide for adequate sight distance and stream encroachments.
(2) Make such revisions in the plans as may be reasonably required before or during construction by the Township Engineer and establish a procedure for approval of plan changes.
(3) Procure all local, county, state or federal permits for all phases of the work, including but not limited to permits to construct and operate sanitary sewer and public water systems.
(4) Provide for the payment of engineering review fees in cases where a subdivision has not been reviewed as part of the application.
(5) Provide for instruction in the operation of all equipment within or part of facilities to be accepted and operated by the municipality, such instruction to be by the manufacturer/installer of equipment and to be supplemented with copies of all pertinent operations manuals.
(1) Upon completion of all improvements and prior to release of the performance guaranty and approval of the work, the subdivider shall file a maintenance guaranty bond amounting to 10% of the cost of all improvements, to guarantee that the completed improvements will be maintained for a stated period not to exceed two years. The maintenance guaranty shall be reviewed by the Township Engineer and approved by the Township Attorney as to form, sufficiency and execution and shall be approved by the Township Council. The maintenance guaranty bond shall be given at the time the Township has certified that all the improvements have been installed in a satisfactory and acceptable manner. In addition, the maintenance guaranty shall cover regular maintenance, such as curb replacement and repair, cleaning out of catch basins and any other matters which would be necessary to put any of the required improvements in the condition as when certified by the Township Engineer. The bond shall provide for a guaranty to replace, during said period, all work performed and all materials furnished found defective and make good any defects thereof which may become apparent before the expiration of the said period.
(2) The Township Council shall not accept any road or improvement into the municipal systems until the maintenance period expires or after the deficiencies are repaired, and then only if it is in the same condition as when certified. However, the Township shall undertake to remove snow from the roads during the period between certification and final acceptance if the applicant presents a written request to the Township Clerk and agrees in the request to hold harmless the Township and its agents and employees from any damages caused by the snow removal.
U. Prerequisites for construction permits. If the improvements are part of a subdivision, a construction permit shall not be issued until the complete installation of all works, including but not limited to sanitary sewers, water, gas, storm drains, roads, curbs and street signs, all as specified in the plan, except those items covered by a performance guaranty as referred to in Subsection R above. Upon certification by the Township Engineer that the installation is complete, construction permits shall be authorized.
V. Insurance required. The applicant and his/her contractors shall carry such insurance as may be required by the Township.
W. Violations and penalties. Any person, firm or corporation who shall violate, disobey, omit, neglect or refuse to comply with any provision of this section shall, upon . conviction thereof, be liable to the penalty stated in Chapter 1, § 1-17. Each and every day such violation continues shall constitute a separate and distinct offense.
X. Exhibits; availability for inspection. Detailed drawings shall be available for inspection at the office of the Township Clerk and Planning Board Clerk during regular business hours.
