Township of Freehold, NJ Improvement Standards

Utilities, including the installation of water mains or other means of water supply, culverts, storm sewers, sanitary sewers, or other means of sewage disposal, drainage structures, and all appurtenances to such facilities properly connected with approved systems of water supply, sewerage and stormwater drainage, as the case may be and adequate to handle all present and probable future development;

(8)

Fire hydrants;

(9)

Monuments;

(10)

Sedimentation and erosion control practices; and

(11)

Public improvements of open space.

The installation of all improvements throughout the development shall be in accordance with the provisions of this chapter and subject to inspection by the Township Engineer. The cost of said inspections by the Township Engineer shall be at the expense of the developer, in accordance with the terms and provisions of an agreement to be executed and delivered by the developer to the Township, prior to approval of the final plat of the subdivision.

Such improvements as required by this chapter, shall take into consideration the characteristics of potential development of various areas of the Township as reflected in the Master Plan and zoning ordinances.

The standards in this chapter shall be deemed to be the minimum standards necessary for any particular subdivision in the Township of Freehold. The Planning Board may waive or reduce any and all requirements; provided, however, that such waivers or reductions by the Planning Board shall be given only for special reasons by resolution of the Planning Board, setting forth in such resolution that the waiver or reduction of any requirements shall be in the best interest of the Township of Freehold and for the general health, safety, and welfare of the Township of Freehold. The Planning Board shall in no event have the power or authority to waive or reduce the requirements relating to utilities.

When homestead houses, or more commonly referred to as "farmhouses," or lots have been subdivided from a tract for which approval is subsequently requested, the developer shall install the improvements required in the surrounding subdivision in front of the homestead lots previously approved as a minor subdivision.

All improvements shall be installed in complete accordance with current Township specifications and shall comply with all applicable ordinances, county regulations, state laws and regulations, and shall meet the following requirements.

§ 190-71 Grading.

Grades and cross sections shall be such as to provide for the disposal of stormwater and such groundwater seepage as may be encountered, all in accordance with the plans therefor, approved at the time of approval of the preliminary plat and as may be required in the field by the Township Engineer as the work progresses.

All construction stakes and grades thereon shall be set by a licensed professional engineer or licensed land surveyor employed by the developer.

§ 190-72 Streets.

Residential projects are subject to the New Jersey Administrative Code, Title 5, Chapter 21, known as the “Residential Site Improvement Standards.”[1]

[1]

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

All underground utilities, drains or other facilities located within the roadway portion of the street shall be installed prior to the placing of any road surfacing material.

All streets shall be constructed and graded and provided with surfacing in keeping with the following standards and specifications: 1. Subgrades: All top soil shall be stripped from the proposed subgrade. The subgrade, when completed, shall be true to the lines, grades and cross sections given on the plan accompanying the road profile. The subgrade for road construction shall be brought to a firm, unyielding surface by rolling the entire area with an approved three wheel power roller weighing not less than 10 tons. All soft and unyielding materials and other portions of the subgrade which do not attain the required stability or which will not compact readily where rolled or tamped shall be removed. All loose rock or boulders found in the subgrade earth excavation shall be removed or broken off to a depth of not less than six inches below the surface of the subgrade. All holes or depressions made by the removal of unstable material shall be refilled with soil aggregate conforming to the requirements of the Department of Transportation Standard Specifications for Road and Bridge Construction, as amended, and the New Jersey Department of Transportation Supplemental Specifications for Road and Bridge Construction, as amended, or as directed by the Township Engineer. Where required by the Township Engineer, a system of porous wall concrete pipe subsurface drain shall be constructed beneath the surface of the paving and connected to a suitable drainage system. Where, in the opinion of the Township Engineer, subgrade conditions of proposed streets are wet, springy or of such nature that surfacing would be inadequate without first treating the subgrade, the minimum treatment of the subgrade shall be made in the following manner; the street shall be excavated to a minimum depth of 12 inches below the proposed finished subgrade elevation. Soil aggregate and material shall be installed to replace unsuitable subgrade materials and shall be installed in six-inch layers measured after compaction. The subbase for road construction shall be brought to a firm, unyielding surface by rolling the entire area with an approved three wheel power roller weighing not less than 10 tons. All soft and yielding material and other portions of the subgrade which do not attain the required stability or will not compact readily when rolled or tamped shall be removed. All loose rock or boulders found in the earth excavation shall be removed or broken off to a depth of not less than six inches below the surface of the subgrade. All holes or depressions made by the removal of material shall be refilled with suitable material and the whole surface compacted uniformly. When subbase material is needed to replace unsuitable subgrade materials, it shall consist of: field stone not more than five inches in the largest dimension; steam cinders; crushed rock or slag, varying in size from one to three inches in diameter; sand; or gravel.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

Where, in the opinion of the Township Engineer subbase conditions of proposed streets are wet, springy or of such nature that surfacing would be inadequate without first treating the subbase, the minimum treatment of the subbase shall be made in the following manner: The street shall be excavated to a minimum depth of 12 inches below the proposed finished elevation. Sand, gravel or crushed stone shall be placed to a depth which, after thorough rolling, shall be not more than a six-inch layer.

The minimum requirements for the construction of any street shall be: a) six inches thick of one-and-one-half-inch dense graded aggregate base course; b) three inches of bituminous concrete stabilized base course, NJDOT Mix I-2; c) 1 1/2 inches of bituminous concrete surface course, NJDOT Mix I-5. For roadways 40 feet or greater the minimum requirements shall be: a) six-inch thick dense graded aggregate base course; b) six inches bituminous concrete stabilized base course, NJDOT Mix I-2; c) two inches of bituminous concrete surface course, NJDOT Mix I-5. In lieu of six inches dense graded aggregate base course, six inches thick recycled concrete conforming to NJDOT standards may be used. All bituminous concrete shall be laid with a self-propelled paving machine approved by the Township Engineer.

Any road repair shall be done with bituminous concrete NJDOT Mix I-5 and sealed unless directed otherwise by the Township Engineer.

Embankments (fills). Fill for subgrade shall be placed in layers not more than six inches thick and subgrade on grade shall be compacted by one of the following alternative types of equipment and number of passes each:

(1)

Smooth-faced power rollers, either solid surface or pad type, weighing not less than 10 tons and having a load of not less than 330 pounds per square inch of width of roller surface when all wheels are in contact with a level surface. The load requirements for solid surface rollers apply to the rear wheels. There shall be a minimum of four passes per layer. A pass is defined as one passage of a compacting wheel over the entire surface of the layer.

(2)

Pneumatic tire rollers having a load of not less than 225 pounds per square inch of width of tire surface in contact with the ground, with the tires on the front and rear axles staggered with respect to each other so that they cover the entire strip over which the roller travels. There shall be a minimum of five passes per layer. A pass is defined as one passage of one tire over the entire surface of the layer.

(3)

Tamping type or sheepsfoot roller, each unit of which shall consist of one or more cylindrical sections having studs or feet projecting not less than 6 1/2 inches from the surface of the drums, and developing a load of not less than 200 pounds per square inch of bearing surface when a complete row of tampers is in contact with a level surface. There shall be a minimum of eight passes per layer. A pass is defined as one passage of such a unit over the entire surface of the layer.

(4)

Fifty-ton compactor. A pneumatic tire-type roller capable of being loaded in increments to a gross weight of 50 tons. The tires shall be spaced so that the clear width between adjacent tire treads on the same axle shall be not more than the width of the tire. When operating at a gross weight of 50 tons, the tire inflation shall be not less than 90 pounds per square inch and the load on each tire shall be not less than 25,000 pounds. There shall be a minimum of five passes per layer by the compactor loaded to a gross weight of not less than 50 tons. A pass is defined as one passage of a wheel of the compactor over the entire surface of the layer.

(5)

Dynamic compactor.

(a)

A vibratory compactor, acceptable to the engineer, capable of operating at the optimum frequency of vibration required for the size and type of the compactor in use and the material being compacted. There shall be not less than two and not more than five passes per layer and the actual number, within this range, shall be as directed by the Township Engineer depending upon the type of material being compacted. A pass is defined as one passage of the vibrating unit over the entire surface of the layer.

(b)

If the embankment material be sand, or sand and gravel, pneumatic tire rollers or dynamic compactors shall be used as specified in Subsection F(1), (2) or (5) above. If the embankment material be other than sand, or sand and gravel, three-wheel rollers, tamping-type rollers, or pneumatic tire rollers shall be used as specified in Subsection F(1), (2), (3) or (4) above. The compacting effect of equipment other than as specified in the foregoing requirements will not be considered as part of the required compaction when the rolling or vibrating method is specified to be used.

(c)

Where the conditions are such that access with compacting equipment specified above is not possible the embankment shall be placed in six-inch layers and shall be compacted to a density of not less than 95%.

Underdrains. French underdrains shall be installed where the character and composition of the roadbed itself or adjacent terrain renders such installation necessary, in the opinion of the Township Engineer. These underdrains shall consist of perforated metal pipe or porous wall concrete pipe to be a minimum diameter of six inches and to be laid in the bottom of a trench at such depth and width as shall be necessary in view of the conditions involved. The joints of the pipe shall be left open and covered with salt hay or burlap and the pipes laid with the hub upgrade. The trench shall then be filled with clean washed gravel or broken stone or other equivalent material approved by the Township Engineer. The stone shall be covered with a layer of salt hay a minimum of one inch thick, and the remainder of the trench filled with suitable earth properly compacted.

Storm drains; cross drains (pipe culverts).

(1)

These drains or culverts shall consist of sections of reinforced concrete pipe. All pipe shall comply with the requirements of the current New Jersey State Highway Department Standard Specifications governing materials and unless otherwise specified, Class 3-Wall B shall be used for standard strength when installed off streets and Class 4-Wall B shall be used for extra-strength reinforced concrete culvert when installed in streets. Minimum diameter (pipe) shall be 15 inches for cross drains and 18 inches for main runs.

(2)

Culverts or drains shall be constructed as specified hereinbelow. The location, length, depth, grade, type and size of pipe therefor shall be designated on the plans indicated herein except where unusual or exceptional soil or other conditions are discovered at the time of construction, which are not provided for in the plans, in which case such construction shall be as the circumstances shall demand as determined by the Township Engineer. Trenches shall be bridged at all street crossings, intersecting streets, public and private entrances in such a manner that traffic will not be interrupted.

(3)

The contractor shall have a sufficient quantity of timber and plank constantly on hand for planking, sheet piling, fencing or shoring; also, adequate pumping apparatus to meet all requirements of construction for use in case of accident or emergency.

(4)

All trenches for culverts or drains shall be excavated at least 12 inches wider than the external diameter of the pipe to be used therein.

(5)

When rock is encountered it shall be removed to at least six inches below the grade line, the trench then being filled with earth to the grade and form of the pipe and thoroughly tamped.

(6)

The pipe shall be laid on a firm bed and the bottom of the trench shall be excavated to the line and grade given or directed by the Township Engineer. The bottom of the excavation shall have the shape and dimensions of the lower half of the pipe, the earth underneath being excavated sufficient to admit the bell. When rock is encountered and removed from the trench as specified, this excess depth shall be refilled with suitable materials and tamped thoroughly.

(7)

The pipe shall be laid with the hubs upgrade, spigot ends fully entered into the adjacent hub, and true to line and grade. All joints shall be filled with a cement mortar unless unusual or exceptional conditions shall require otherwise as determined by the Township Engineer. Such cement shall be composed of one part of portland cement and two parts of approved clean sand, mixed with sufficient water to form a plaster mortar.

(8)

The filling around the pipe shall be made in layers with approved materials free from rock, and each layer shall be tamped thoroughly around and over; the trench shall then be filled with subsequent layers of not over one foot in depth thoroughly tamped, and if ordered by the Township Engineer, when the filling is within one foot of the top of the trench, it shall be flooded with water.

(9)

Where indicated or directed, old pipe culverts shall be removed and relaid, extended or renewed in the same manner as specified above for new pipe culverts or drains.

(10)

Easement of width sufficient to allow proper maintenance, not less than 25 feet shall be provided for the outletting of all drains, pipe lines, and the like to streams, existing storm drains, or other approved drainage courses.

(a)

The easements contemplated herein shall be by way of grant to the Township in writing, duly acknowledged before a person authorized to take oaths pursuant to statute made and provided in order that such grant of easement, that it can be recorded in the Monmouth County Clerk's office. The grant of easement shall be subject to the approval of the Township Attorney as to form and substance.

(b)

The easement(s) shall also be noted on the plat with the following typical language of transferal subject to approval by the Township Attorney: Drainage easement(s), location as noted in this plat, to the Township of Freehold for the purpose of maintaining surface drainage and/or installing and maintaining surface and subsurface drainage facilities; said easement is intended to be an uninterrupted and unobstructed easement, under, across and over the area described, consisting of the right to erect, construct, install, use, inspect, repair, replace, remove, maintain, and preserve drainage facilities of any kind, and any other appurtenances which are existing or proposed on this site plan/subdivision plat and/or which may, in the opinion of the Township of Freehold, become necessary in the future. Unless otherwise agreed to in writing, the Township of Freehold shall, in the event it disturbs any real estate improvements in the easement, only be responsible for restoration of fencing and landscaping improvements, excluding mature trees.

(11)

Conservation easements.

(a)

Where the Master Plan of the Township of Freehold delineates conservation and drainage easements to protect streams from siltation and adjoining banks from erosion, conservation easements shall be furnished to the Township by the developer. The conservation easement shall include the property between the drainage easement as established on the Official Map and a line approximately parallel to the top of the bank 25 feet distant back from it. This conservation easement shall contain provisions to restrict the removal of trees and ground cover except for the following purposes: the removal of dead or diseased trees, thinning of trees and growth, and the removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds or lakes.

(b)

The easements shall be set forth on the preliminary and final plat and shown in such a manner that the boundaries thereof can be accurately determined should the necessity arise. The boundary line of the conservation easement shall be monumented at its intersection with all existing or proposed street lines. Conservation easement(s) deeds in a form sufficient for recording in the Monmouth County Clerk's office shall be submitted to the Township Attorney and Township Engineer for approval as to sufficiency and form and to the Township Committee for approval and acceptance.

(c)

The easement(s) shall be noted on the plat with the following typical language of transferal: Conservation easement, location as noted on this plat, to the Township of Freehold for the purpose of protecting streams from siltation and adjoining banks from erosion; said easement is intended to be an uninterrupted and unobstructed easement, under, across and over the area described, consisting of the right to restrict the removal of trees and ground cover except for the purposes of removing dead or diseased trees, thinning of trees and growth, and the removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds or lakes.

Width of pavement. Pavement shall be installed from curb to curb on all proposed streets. On all existing roads abutting a development, pavement in accordance with Article X (§ 190-86 et seq.) shall be installed from edge of concrete curb to edge of curb or to the furthest edge of existing pavement. The junction between the existing and the proposed pavement shall be finished in a neat and workmanlike manner subject to the approval of the Township Engineer. If the developer owns property on both sides of an existing Township road, the subdivider or owner shall construct a full bituminous macadam pavement 10 1/2 inches in depth as specified in Article X (§ 190-86 et seq.) of this chapter from curbline to curbline or gutter line to gutter line on each street. If the developer owns property on one side of a street he shall pave all of that area within the public right-of-way from the middle of the street. If a development abuts an unimproved road (unpaved street), the developer shall improve same up to a point where it intersects an improved road. Roadway pavement widths shall have a constant width throughout any proposed new street; provided, however, on turns of approximately 90°, an additional six feet or more of paving may be required by the Township Engineer for purposes of snow removal and maintenance. New roadways shall not be developed with "bubble," "eyebrow" or "hairpin" configuration.

Materials, inspection and general requirements.

(1)

All material and appurtenances, unless otherwise specified herein, shall comply with the requirements set forth in the current New Jersey State Highway Specifications.

(2)

When, in the opinion of the Township Engineer, materials require testing, such materials shall be tested by an approved testing laboratory at the expense of the property owner.

(3)

All work in respect to the improvements required to be installed in the subdivided lands shall be subject to inspection by the Township Engineer or his duly authorized representative. The owner or developer shall notify the Township Engineer at least 48 hours prior to actual construction, in order that the Township Engineer inspect the work as it progresses. Failure to so notify the Township Engineer shall justify the Township Engineer to require such installation to be uncovered or removed in order that the Township Engineer be able to certify to the Township Committee that the work is in accordance with the standards set forth in this chapter.

(4)

The standards insofar as this section of the chapter is concerned shall be considered as minimum standards for street improvements. Where special circumstances or conditions of terrain, character of soil or otherwise require different construction or materials, such construction or materials shall be in accordance with the requirements as shall be determined by the Township Engineer.

All streets in the development tract shall be properly maintained by the owner or subdivider in good serviceable condition satisfactory for normal vehicular traffic use, which maintenance shall include snow removal service when necessary, until such streets are accepted by the Township.

§ 190-73 Curbs and sidewalks.

Concrete curbs shall be installed on both sides of all streets unless the Planning Board approves the installation of Belgian block. The width at the base of the curb shall be a minimum of eight inches in width and 18 inches in depth and six inches in width at the top. The curb shall show a face above the finished pavement of eight inches for roadways with a pavement width of 40 feet or greater and six inches for roadways with a pavement width of less than 40 feet. The concrete shall be NJDOT Class B concrete. The minimum length of block shall be 10 feet with a preform bituminous expansion joint filler 1/2 inch thick installed every 40 feet. The finish shall be a float finish with corners rounded. The curb shall be laid in a workmanlike manner as directed and approved by the Township Engineer. The curb at all driveway openings shall be depressed to a point two inches above the finished pavement. The rear top corner of such a curb shall have a radius of 1 1/2 inches. Curb openings shall be in such widths as shall be determined by the Township Engineer. Belgian block shall be consistent with and installed according to the standard detail set forth in Schedule D attached.[1]

[1]

Editor's Note: Schedule D is on file in the Clerk's office.

Where development takes place adjoining existing streets, concrete curb shall be installed in accordance with Subsection A above, and the area between such gutter and the existing road shall be paved in accordance with specifications in § 190-94 and care shall be taken that a proper joint is made with the existing street.

Sidewalks shall be required in all areas and constructed on both sides of all streets; except streets where governmental regulations deny access to pedestrians, or those streets within new major subdivisions, residential or nonresidential, in which case sidewalks shall be constructed on one side of the street only. However, the Planning Board may waive the construction requirement where, in its opinion, it is to the best interest of the Township. Upon granting such a waiver, the developer shall be required to pay the Township of Freehold an amount equal to 60% of the reasonable cost of installing said sidewalks, said amount to be determined by the Township Engineer upon submission and consideration of various estimates and other documentation from the developer, other interested parties, and the office of the Township Engineer itself. All funds collected by the Township from developers as a result of waivers granted in accordance with this subsection, shall be maintained in a sidewalk construction account, the proceeds of which shall be available to install sidewalks throughout the Township where and as authorized by the Township Committee. Nothing contained herein shall affect the right of the Township to enact ordinances requiring assessments for sidewalks from property owners as authorized under N.J.S.A. 40:65-2 or pursuant to other ordinances in the Township of Freehold. However, the Planning Board may waive the construction requirement where, in its opinion, it is to the best interest of the Township. Upon granting such a waiver, the developer shall be required to pay the Township of Freehold an amount equal to 60% of the reasonable cost of installing said sidewalks, said amount to be determined by the Township Engineer upon submission and consideration of various estimates and other documentation from the developer, other interested parties, and the office of the Township Engineer itself. All funds collected by the Township from developers as a result of waivers granted in accordance with this subsection, shall be maintained in a sidewalk construction account, the proceeds of which shall be available to install sidewalks throughout the Township where and as authorized by the Township Committee. Nothing contained herein shall affect the right of the Township to enact ordinances requiring assessments for sidewalks from property owners as authorized under N.J.S.A. 40:65-2 or pursuant to other ordinances in the Township of Freehold.

[Amended 12-22-2009 by Ord. No. O-09-34]

Sidewalk shall have a minimum width of four feet and four inches in thickness except at driveways and aprons where the sidewalk and aprons shall be reinforced concrete six inches thick with a number six-gauge six-by-six mesh steel wire reinforcement placed four inches below the finished sidewalk surface. Sidewalk shall be constructed at the locations and to the prescribed lines and grades as approved in a preliminary plat. All sidewalks shall have a cross slope of 1/4 inch per foot toward the street. Sidewalks shall be constructed only after the adjacent curb has first been installed. The sidewalk subgrade shall be smooth and unyielding and be thoroughly compacted by approved tamping and vibratory methods. Where, in the opinion of the Township Engineer, the subgrade conditions of the proposed sidewalk installation is wet, spongy and unyielding, the yielding subgrade material shall be removed as directed by the Engineer and replaced with bank-run gravel regraded and compacted to subgrade elevation. Concrete for sidewalk and apron shall be acquired from a ready mixed concrete plant and shall be NJDOT Class B concrete manufactured in accordance with the New Jersey State Highway standard specifications, latest revision. Coarse aggregate proportions shall conform to American Society for Testing and Materials, Concrete Aggregates C 33, Size No. 57 or 67. Concrete will be air-entrained, and the amount of air shall be 5% plus or minus 1%. NJDOT Class B concrete shall be placed to a thickness of four inches tamped, screened and finished to true grade. The finish shall be with a wood float, followed by brushing with a set of soft-haired brushes to a neat workmanlike surface. Expansion joints 1/2 inch wide shall be provided at minimum intervals of 12 feet and filled with preformed bituminous expansion joint filler. Surface grooves shall be cut perpendicular to the line of the sidewalk at intervals equal to its width. Exposed edges shall be neatly rounded to a radius of 1/2 inch. Developments may provide contiguous asphalt bike/pedestrian ways in lieu of concrete sidewalks subject to approval by the Planning Board and subject to minimum specifications prescribed by the Township Engineer.

Location of sidewalks.

(1)

The sidewalks will be located within the street right-of-way a distance of one foot from the property line as measured toward the face of the curb.

(2)

For residential development, a standard sidewalk pattern may consist of one six-foot wide sidewalk on one side of a roadway which does not have residential structures instead of four-foot wide sidewalks on both sides. The Planning Board may waive sidewalks in areas where it is not desirable to have pedestrian access.

(3)

Curbing may be waived along roadway segments which traverse open space areas where the slope is less than 5% and provided drainage swales can be installed in accordance with specifications prescribed by the Township Engineer.

In residential developments a concrete walk shall be constructed to connect the front entrance of the dwelling to the street, parking lot or driveway. Such sidewalks shall have a minimum width of three feet. The Township Engineer may permit the use of brick or similar paving materials in lieu of concrete.

§ 190-74 Streetlighting.

Streetlighting shall be of a type and at locations approved by the Township Committee and the electric utility company.

Streetlights shall be installed prior to certificates of occupancy being issued and the cost of electricity for streetlighting in all streets within the development shall be paid for by the developer until such streets are accepted by the municipality, or upon the developer complying with N.J.S.A. 40:55D-53.6.

For all development projects which require board approval, the developer shall arrange and pay for streetlighting service upon the appropriate tariff and prevailing government rules and regulations. The developer shall pay all costs for the installation of streetlighting, including, but not limited to, wiring, poles, and fixtures. The payment made by the developer to the utility shall include the amount set by the approved tariff for capital contribution for fixture costs. Accordingly, the appropriate tariff is hereby defined as the "contribution fixture" tariff or its equivalent.

§ 190-75 Street signs.

Township approved four-way street signs shall be installed within the street right-of-way wherever two or more streets intersect.

The sign shall be firmly placed on a two-and-one-half inch outside diameter, two-inch inside diameter, galvanized steel pipe. The pipe shall be a minimum length of 13 feet and shall be firmly set in a concrete footing, eight inches diameter, to a depth of three feet.

Signs shall be installed in accordance with the USDOT Manual on Uniform Traffic Control Devices following review and recommendation by the Township Police Chief and Township Engineer.

§ 190-76 Site preparation.

No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed on the surface to a minimum depth of six inches and so as to provide an even cover and shall be stabilized by seeding or planting.

Any tree on the site having a trunk diameter of more than four inches at a height of two feet from the ground shall not be removed unless such removal is in accordance with a plan approved by the Planning Board.

[Amended 12-22-2015 by Ord. No. O-15-26]

All tree stumps shall be removed from the site. No tree stumps shall be buried on any lots or streets.

§ 190-77 Soil removal.

In the event of large-scale commercial development, such as shopping centers, service stations, or any other development where large areas will be covered with either bituminous macadam pavement or buildings and it is in the best interest of the Township for the existing topsoil on the site not to be used as fill or subbase on the site, the developer may apply to the Planning Board for a topsoil removal permit pursuant to Chapter 286, Soil Removal and Soil Fill. Such application may be made contemporaneous with the application for development.

A developer may make application to the Planning Board for a topsoil removal permit to remove topsoil from said premises beyond the geographical boundary lines of the Township of Freehold.

The application for a topsoil removal permit shall be in writing addressed to the Planning Board, and the Planning Board may grant such permit upon written application made or at its discretion, conduct a hearing thereon with a date to be set by the Planning Board at which time testimony shall be received for the purpose of determining whether or not there is in fact excess topsoil to be removed from said lands and premises and the effect that said removal will have upon the lands and premises to be developed as well as the effect thereof upon the community at large.

§ 190-78 Water.

Where the development is to be served by a private utility company or a municipal water supply system, the developer shall provide for the installation of service lines with a minimum diameter of eight inches ductile iron pipe in the street right-of-way. Each lot shall be served by a one-inch minimum size Type K copper service line from the nearest available street water main installed in the street right-of-way in accordance with the regulations of the private utility company, municipal ordinances and regulations of the State Department of Health. All such service lines shall be installed at the expense of the developer.

The developer shall be obligated to obtain water from a central water system whether it be a private water utility company or a municipal water system, provided that the private water utility company or the municipal water system agrees that it will extend its mains to the lands of the developer. The cost of the extension of the mains for the purpose of supply of water shall be pursuant to agreement entered into between the developer and the supplier of water.

§ 190-79 Sewage disposal and treatment.

Septic tanks may be installed subject to conformity with the health ordinance of the Board of Health of the Township of Freehold, where the subdivision is less than 50 homes, as provided by statute.

Where the subdivision plat submitted for approval contains 50 or more lots or the land area covered and delineated by said plat is part of a larger tract which, when the remainder thereof is added together with the land area sought to be subdivided contains sufficient area to permit the layout and subdivision of a total of 50 or more lots, or where said land area covered by said plat has heretofore been previously subdivided, then in such an event, the subdivider or owner shall provide for the connection of said lots into an existing central sewage treatment system or, in the alternative, construct, maintain and operate a system of sewage treatment.

If public sewage disposal is not available to the development, the Planning Board may require the installation of dry lines for future connections provided it is probable that such service shall be available within a reasonable time.

§ 190-80 Stormwater management.

[Amended 9-13-2005 by Ord. No. O-05-30; 12-27-2005 by Ord. No. O-05-48; 2-28-2006 by Ord. No. O-06-10; 12-22-2015 by Ord. No. O-15-26; 2-9-2021 by Ord. No. O-21-2]

Scope and purpose.

(1)

Policy statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure best management practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low-impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.

(2)

Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection B.

(3)

Applicability.

(a)

This section shall be applicable to the following major developments:

[1]

Nonresidential major developments; and

[2]

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

(b)

This section shall also be applicable to all major developments undertaken by the Township of Freehold.

(4)

Compatibility with other permit and ordinance requirements.

(a)

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

(b)

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

Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.

CAFRA CENTERS, CORES OR NODES

Those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.

CAFRA PLANNING MAP

The map used by the Department to identify the location of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes. The CAFRA Planning Map is available on the Department's Geographic Information System (GIS).

COMMUNITY BASIN

An infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this chapter.

COMPACTION

The increase in soil bulk density.

CONTRIBUTORY DRAINAGE AREA

The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.

CORE

A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY

An agency designated by the County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:

(1)

A county planning agency; or

(2)

A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

DEPARTMENT

The Department of Environmental Protection.

DESIGN ENGINEER

A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

DESIGNATED CENTER

A State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

(1)

In the case of development of agricultural land, "development" means any activity that requires a state permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

DISTURBANCE

The placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.

DRAINAGE AREA

A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.

ENVIRONMENTALLY CONSTRAINED AREA

The following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

ENVIRONMENTALLY CRITICAL AREA

An area or feature which is of significant environmental value, including, but not limited to, stream corridors, natural heritage priority sites, habitats of endangered or threatened species large areas of contiguous open space or upland forest, steep slopes, and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

GREEN INFRASTRUCTURE

A stormwater management measure that manages stormwater close to its source by:

(1)

Treating stormwater runoff through infiltration into subsoil;

(2)

Treating stormwater runoff through filtration by vegetation or soil; or

(3)

Storing stormwater runoff for reuse.

HUC 14 or HYDROLOGIC UNIT CODE 14

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

IMPERVIOUS SURFACE

A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

INFILTRATION

The process by which water seeps into the soil from precipitation.

LEAD PLANNING AGENCY

One or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.

MAJOR DEVELOPMENT

(1)

An individual development, as well as multiple developments that individually or collectively result in:

(a)

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

(b)

The creation of 1/4 acre or more of regulated impervious surface since February 2, 2004;

(c)

The creation of 1/4 acre or more of regulated motor vehicle surface since March 2, 2021 {or the effective date of this section, whichever is earlier}; or

(d)

A combination of Subsection (1)(b) and (c) above that totals an area of 1/4 acre or more. The same surface shall not be counted twice when determining if the combination area equals 1/4 acre or more.

(2)

Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection (1)(a), (b), (c) or (d) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."

MOTOR VEHICLE

Land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low-speed vehicles. For the purposes of this definition, "motor vehicle" does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, skislope grooming machines, or vehicles that run only on rails or tracks.

MOTOR VEHICLE SURFACE

Any pervious or impervious surface that is intended to be used by motor vehicles and/or aircraft, and is directly exposed to precipitation including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.

MUNICIPALITY

The Township of Freehold.

NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL

The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Subsection D(6) of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.

NODE

An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

NUTRIENT

A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERSON

Any individual, corporation, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

RECHARGE

The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

REGULATED IMPERVIOUS SURFACE

Any of the following, alone or in combination:

(1)

A net increase of impervious surface;

(2)

The total area of impervious surface collected by a new stormwater conveyance system (for the purpose of this definition, a "new stormwater conveyance system" is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created);

(3)

The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or

(4)

The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.

REGULATED MOTOR VEHICLE SURFACE

Any of the following, alone or in combination:

(1)

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

(2)

A net increase in motor vehicle surface; and/or quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.

SEDIMENT

Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

SITE

The lot or lots upon which a major development is to occur or has occurred.

SOIL

All unconsolidated mineral and organic material of any origin.

STORMWATER

Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

STORMWATER MANAGEMENT BMP

An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE

Any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.

STORMWATER MANAGEMENT PLANNING AGENCY

A public body authorized by legislation to prepare stormwater management plans.

STORMWATER MANAGEMENT PLANNING AREA

The geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.

STORMWATER RUNOFF

Water flow on the surface of the ground or in storm sewers, resulting from precipitation.

WATER CONTROL STRUCTURE

A structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.

WATERS OF THE STATE

The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLANDS or WETLAND

An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

General standards.

(1)

Design and performance standards for stormwater management measures.

(a)

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

[1]

The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.

[2]

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

(b)

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

Stormwater management requirements for major development.

(1)

The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection J.

(2)

Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).

(3)

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

(a)

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

(b)

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

(c)

The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.

(4)

A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(15), (16), (17), and (18) may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:

(a)

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

(b)

The applicant demonstrates, through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of Subsection D(15), (16), (17) and (18) to the maximum extent practicable;

(c)

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

(d)

The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(4)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection D(15), (16), (17) and (18) that were not achievable onsite.

(5)

Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection D (15), (16), (17) and (18). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.

(6)

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

Table 1 Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Cistern	0%	Yes	No	—
Dry well^(a)	0%	No	Yes	2
Grass swale	50% or less	No	No	2^(e) 1^(f)
Green roof	0%	Yes	No	—
Manufactured treatment device^(a)(g)	50% or 80%	No	No	Dependent upon the device
Pervious paving system^(a)	80%	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Small-scale bioretention basin^(a)	80% or 90%	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Small-scale infiltration basin^(a)	80%	Yes	Yes	2
Small-scale sand filter	80%	Yes	Yes	2
Vegetative filter strip	60% to 80%	No	No	—

(Notes corresponding to annotations ^(b) through ^(d) are found below Table 3.)

Table 2 Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Bioretention system	80% or 90%	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Infiltration basin	80%	Yes	Yes	2
Sand filter^(b)	80%	Yes	Yes	2
Standard constructed wetland	90%	Yes	No	N/A
Wet pond^(d)	50% to 90%	Yes	No	N/A

(Notes corresponding to annotations ^(b) through ^(d) are found below Table 3.)

Table 3 BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Blue roof	0%	Yes	No	N/A
Extended detention basin	40% to 60%	Yes	No	1
Manufactured treatment device^(h)	50% or 80%	No	No	Dependent upon the device
Sand filter^(c)	80%	Yes	No	1
Subsurface gravel wetland	90%	No	No	1
Wet pond	50% to 90%	Yes	No	N/A

Notes to Tables 1, 2, and 3:
^(a)	Subject to the applicable contributory drainage area limitation specified at Subsection D(15)(b);
^(b)	Designed to infiltrate into the subsoil;
^(c)	Designed with underdrains;
^(d)	Designed to maintain at least a ten-foot-wide area of native vegetation along at least 50% of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation;
^(e)	Designed with a slope of less than 2%;
^(f)	Designed with a slope of equal to or greater than 2%;
^(g)	Manufactured treatment devices that meet the definition of "green infrastructure" at Subsection B;
^(h)	Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B.

(7)

An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection E(2). Alternative stormwater management measures may be used to satisfy the requirements at Subsection D(15) only if the measures meet the definition of green infrastructure at Subsection B. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection D(15)(b) are subject to the contributory drainage area limitation specified at Subsection D(15)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection D(15)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from Subsection D(15).

(8)

Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact on the groundwater table and design the site so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.

(9)

Design standards for stormwater management measures are as follows:

(a)

Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);

(b)

Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection H(3);

(c)

Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion-resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall be deemed to meet this requirement;

(d)

Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection H; and

(e)

The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of 2 1/2 inches in diameter.

(10)

Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B may be used only under the circumstances described at Subsection D(15)(d).

(11)

Any application for a new agricultural development that meets the definition of "major development" at Subsection B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsections D(15), (16), (17) and (18) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.

(12)

If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17) and (18) shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.

(13)

Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the Monmouth County Clerk or the registrar of deeds and mortgages of the county in which the development, project, project site, or mitigation area containing the stormwater management measure is located, as appropriate, to the municipality. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(15), (16), (17) and (18) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection J(2)(e). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.

(14)

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

(15)

Green infrastructure standards.

(a)

This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.

(b)

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

Best Management Practice	Maximum Contributory Drainage Area
Dry well	1 acre
Manufactured treatment device	2.5 acres
Pervious pavement systems	Area of additional inflow cannot exceed three times the area occupied by the BMP
Small-scale bioretention systems	2.5 acres
Small-scale infiltration basin	2.5 acres
Small-scale sand filter	2.5 acres

(c)

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

(d)

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

(e)

For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection D(16), (17) and (18), unless the project is granted a waiver from strict compliance in accordance with Subsection D(4).

(16)

Groundwater recharge standards.

(a)

This subsection contains the minimum design and performance standards for groundwater recharge as follows.

(b)

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

[1]

Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual pre-construction groundwater recharge volume for the site; or

[2]

Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the two-year storm is infiltrated.

(c)

This groundwater recharge requirement does not apply to projects subject to Subsection D(16)(d) below.

(d)

The following types of stormwater shall not be recharged:

[1]

Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with Department-approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and

[2]

Industrial stormwater exposed to source material. "Source material" means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.

(17)

Stormwater runoff quality standards.

(a)

This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of 1/4 acre or more of regulated motor vehicle surface.

(b)

Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:

[1]

Eighty percent TSS removal of the anticipated load, expressed as an annual average, shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.

[2]

If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.

(c)

The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection D(17)(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.

(d)

The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 4, below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.

Table 4 - Water Quality Design Storm Distribution
Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)	Time (Minutes)	Cumulative Rainfall (Inches)
1	0.00166	41	0.1728	81	1.0906
2	0.00332	42	0.1796	82	1.0972
3	0.00498	43	0.1864	83	1.1038
4	0.00664	44	0.1932	84	1.1104
5	0.00830	45	0.2000	85	1.1170
6	0.00996	46	0.2117	86	1.1236
7	0.01162	47	0.2233	87	1.1302
8	0.01328	48	0.2350	88	1.1368
9	0.01494	49	0.2466	89	1.1434
10	0.01660	50	0.2583	90	1.1500
11	0.01828	51	0.2783	91	1.1550
12	0.01996	52	0.2983	92	1.1600
13	0.02164	53	0.3183	93	1.1650
14	0.02332	54	0.3383	94	1.1700
15	0.02500	55	0.3583	95	1.1750
16	0.03000	56	0.4116	96	1.1800
17	0.03500	57	0.4650	97	1.1850
18	0.04000	58	0.5183	98	1.1900
19	0.04500	59	0.5717	99	1.1950
20	0.05000	60	0.6250	100	1.2000
21	0.05500	61	0.6783	101	1.2050
22	0.06000	62	0.7317	102	1.2100
23	0.06500	63	0.7850	103	1.2150
24	0.07000	64	0.8384	104	1.2200
25	0.07500	65	0.8917	105	1.2250
26	0.08000	66	0.9117	106	1.2267
27	0.08500	67	0.9317	107	1.2284
28	0.09000	68	0.9517	108	1.2300
29	0.09500	69	0.9717	109	1.2317
30	0.10000	70	0.9917	110	1.2334
31	0.10660	71	1.0034	111	1.2351
32	0.11320	72	1.0150	112	1.2367
33	0.11980	73	1.0267	113	1.2384
34	0.12640	74	1.0383	114	1.2400
35	0.13300	75	1.0500	115	1.2417
36	0.13960	76	1.0568	116	1.2434
37	0.14620	77	1.0636	117	1.2450
38	0.15280	78	1.0704	118	1.2467
39	0.15940	79	1.0772	119	1.2483
40	0.16600	80	1.0840	120	1.2500

(e)

If more than one BMP in series is necessary to achieve the required eighty-percent TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

R = A + B - (A x B)/100,

Where:
R	=	total TSS percent load removal from application of both BMPs
A	=	the TSS percent removal rate applicable to the first BMP
R	=	the TSS percent removal rate applicable to the second BMP

(f)

Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection D(16), (17) and (18).

(g)

In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.

(h)

The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.

(i)

Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.

(j)

This stormwater runoff quality standards do not apply to the construction of one individual single-family dwelling, provided that it is not part of a larger development or subdivision that has received preliminary or final site plan approval prior to December 3, 2018, and that the motor vehicle surfaces are made of permeable material(s) such as gravel, dirt, and/or shells.

(18)

Stormwater runoff quantity standards.

(a)

This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.

(b)

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

[1]

Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two-, ten-, and 100-year storm events do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events;

[2]

Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten- and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;

[3]

Design stormwater management measures so that the post-construction peak runoff rates for the two-, ten- and 100-year storm events are 50%, 75% and 80%, respectively, of the pre-construction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or

[4]

In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection D(18)(b)[1], [2] and [3] above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.

(c)

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

Calculation of stormwater runoff and groundwater recharge.

(1)

Stormwater runoff shall be calculated in accordance with the following:

(a)

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

[1]

The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55, Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb104 4171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or

[2]

The Rational Method for peak flow and the Modified Rational Method for hydrograph computations. The rational and modified rational methods are described in "Appendix A-9 Modified Rational Method" in the Standards for Soil Erosion and Sediment Control in New Jersey, January 2014. This document is available from the State Soil Conservation Committee or any of the Soil Conservation Districts listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number for each Soil Conservation District is available from the State Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625. The document is also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.

(b)

For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at Subsection E(1)(a)[1] and the Rational and Modified Rational Methods at Subsection E(1)(a)[2]. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

(c)

In computing pre-construction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce preconstruction stormwater runoff rates and volumes.

(d)

In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55, Urban Hydrology for Small Watersheds or other methods may be employed.

(e)

If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.

(2)

Groundwater recharge may be calculated in accordance with the following: The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf, or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.

Sources for technical guidance.

(1)

Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.

(a)

Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3.

(b)

Additional maintenance guidance is available on the Department's website at: https://www.njstormwater.org/maintenance_guidance.htm.

(2)

Submissions required for review by the Department should be mailed to: The Division of Water Quality, New Jersey Department of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.

Solids and floatable materials control standards.

(1)

Site design features identified under Subsection D(6) above, or alternative designs in accordance with Subsection D(7) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection G(1)(b) below.

(a)

Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

[1]

The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or

[2]

A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inch across the smallest dimension.

Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.

[3]

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

(b)

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

[1]

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

[2]

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

[3]

Where flows from the water quality design storm as specified in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

[a]

A rectangular space 4 5/8 (4.625) inches long and 1 1/2 (1.5) inches wide (this option does not apply for outfall netting facilities); or

[b]

A bar screen having a bar spacing of 0.5 inch.

Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1].

[4]

Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the Water Quality Design Storm as specified in N.J.A.C. 7:8; or

[5]

Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

Safety standards for stormwater management basins.

(1)

This subsection sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This subsection applies to any new stormwater management BMP.

(2)

The provisions of this subsection are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection H(3)(a), H(3)(b), and H(3)(c) for trash racks, overflow grates, and escape provisions at outlet structures.

(3)

Requirements for trash racks, overflow grates and escape provisions.

(a)

A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management BMP to ensure proper functioning of the BMP outlets in accordance with the following:

[1]

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

[2]

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

[3]

The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack; and

[4]

The trash rack shall be constructed of rigid, durable, and corrosion-resistant material and designed to withstand a perpendicular live loading of 300 pounds per square foot.

(b)

An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:

[1]

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

[2]

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

[3]

The overflow grate shall be constructed and installed to be rigid, durable, and corrosion-resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.

(c)

Stormwater management BMPs shall include escape provisions as follows:

[1]

If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection H(3), a freestanding outlet structure may be exempted from this requirement;

[2]

Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Subsection H(5) for an illustration of safety ledges in a stormwater management BMP; and

[3]

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

(4)

Variance or exemption from safety standard. A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.

(5)

Safety ledge illustration.

Elevation View - Basin Safety Ledge Configuration

Requirements for a site development stormwater plan.:

(1)

Submission of site development stormwater plan.

(a)

Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection I(3) below as part of the submission of the application for approval.

(b)

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

(c)

The applicant shall submit three copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection I(3) of this section.

(2)

Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.

(3)

Submission of site development stormwater plan. The following information shall be required:

(a)

Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown.

(b)

Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.

(c)

Project description and site plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.

(d)

Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections C through E are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.

(e)

Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

[1]

Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.

[2]

Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.

(f)

Calculations.

[1]

Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in Subsection D of this section.

[2]

When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on onsite boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.

(g)

Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J.

(h)

Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection I(3)(a) through I(3)(f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

Maintenance and repair.

(1)

Applicability. Projects subject to review as in Subsection I(3) of this section shall comply with the requirements of Subsection J(2) and J(3).

(2)

General maintenance.

(a)

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

(b)

The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.

(c)

If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.

(d)

Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.

(e)

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

(f)

Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.) of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.

(g)

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

[1]

Maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders;

[2]

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

[3]

Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection J(2)(f) and (g) above.

(h)

The requirements of Subsection J(2)(c) and (d) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.

(i)

In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or county may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.

(3)

Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

§ 190-81 Driveways.

[Amended 12-27-2005 by Ord. No. O-05-48]

Driveways in rural residential and rural environmental zones shall have a minimum width of 12 feet for a one-car garage and 18 feet for a two-car garage. The subgrade shall be smooth and even and shall be compacted by rolling with a two-wheel, five- to eight-ton roller. There shall then be constructed:

(1)

Base course of two three-inch thick lifts of one-inch dense graded aggregate base course or six inches of recycled concrete conforming to New Jersey State Department of Transportation Specifications 8:81 for a total compacted depth of six inches. Compaction shall be performed after placing each of the three-inch lifts with a two-wheel, five- to eight-ton roller. The surface course pavement, conforming to Article 3.10.3 shall consist of two inches (after compaction) of NJDOT Mix 1-5 bituminous concrete surface pavement. The surface pavement shall be rolled with a five- to eight-ton roller; or

(2)

Base course consisting of three inches of bituminous concrete stabilized base course, NJDOT Mix 1-2 conforming to and installed in accordance with the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction (latest revision). The base course shall be constructed in one lift to a total compacted thickness of three inches by rolling with a two-wheel, five- to eight-ton roller. Surface course pavement shall be as designated in Subsection A(1) above; or

(3)

Six inches of concrete surface pavement conforming to and installed in accordance with the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction (latest edition). Concrete shall be NJDOT Class B concrete with six-by-six No. 6 gauge welded steel mesh reinforcement placed four inches below the finished surface. Exposed edges shall be neatly rounded to a radius of 1/2 inch. Transverse and/or longitudinal expansion joints shall be directed by the Engineer or concrete brick pavers and base material as approved by the Township Engineer.

(4)

Driveways in rural residential zones shall have a minimum of twenty-foot paved driveway extending from the edge of pavement of the existing roadway.

All driveways will be of adequate length and width to provide off-street parking for a minimum of two cars.

§ 190-82 Inspection.

All improvements required under Article X (§ 190-86 et seq.) shall be subject to inspection and approval by the Township Engineer who shall be notified by the developer at least 48 hours prior to the start of construction. No underground installation shall be covered until it has been inspected and given approval by the Township Engineer.

§ 190-83 Fire hydrants.

Fire hydrants shall be installed at locations and of such type and specifications as approved by the Township Engineer and consistent with the standards of the Insurance Service Organization.

§ 190-84 Monuments.

The developer shall install surveyor's monuments of a size and shape required by the provisions of N.J.S.A. 46:23-9.4. Such monuments shall be placed in accordance with the above provisions, certified by a New Jersey licensed professional land surveyor and shall be subject to approval of the Township Engineer.

§ 190-85 Installation of survey markers for freshwater wetlands and transition areas.

The developer shall have permanent markers to delineate freshwater wetlands and wetlands transition areas which have been approved by the New Jersey Department of Environmental Protection pursuant to N.J.A.C. 7:7A-1 et seq. The survey markers shall be consistent with the metes and bounds deed descriptions of the wetlands lines and wetlands transition areas approved as part of the freshwater wetlands permit granted by the NJDEP.