[Amended 12-11-1997 by Ord. No. 34-97]
The applicant shall observe the following requirements
and principles of land subdivision in the design of each subdivision
or portion thereof, except as provided otherwise by the New Jersey
Residential Site Improvement Standards, N.J.A.C. 5:21:
A.
The subdivision plat shall conform to design standards
that will encourage good development patterns within the Township.
B.
The subdivision shall conform to the proposals and
conditions shown on the Township's Official Map and Master Plan, particularly
as they pertain to streets, drainage rights-of-way, school sites,
public parks and playgrounds and other public lands.
C.
All streets shall be designed and constructed in accordance
with the Township road specifications. The arrangement of streets
not shown on the Master Plan or Official Map shall provide for the
appropriate extension of existing streets where feasible and shall
comply with the following standards:
(1)
"Minor streets" are those which are used primarily
for access to abutting properties. They shall be designed to discourage
through traffic and shall have a right-of-way width of not less than
50 feet.
(2)
Subdivisions abutting arterial streets shall
provide a marginal service street or reverse frontage with a buffer
strip or planting or some other means of separation of through and
local traffic as the Planning Board may determine appropriate. The
width of the right-of-way shall be not less than 40 feet.
(3)
For internal streets in industrial and commercial
developments, the right-of-way width shall not be less than 60 feet.
(4)
"Arterial streets" are those which are used
primarily for fast or heavy traffic and are designated on the Township's
Master Plan. The right-of-way width shall be not less than 66 feet.
(5)
"Collector streets" are those which carry traffic
from minor streets to the major system of arterial streets, including
the principal entrance streets of a residential development and streets
for circulation within such development. The right-of-way width shall
be not less than 60 feet
(6)
The right-of-way width shall be measured from lot line to lot line and shall not be less than 50 feet unless a marginal access street as set forth in Subsection C(2) of this section; provided, however, that where the Board has adopted the Master Plan with proposals regarding the street system within the proposed subdivision, the subdivider shall show the streets to conform in design and in width to the proposals shown on the Master Plan. Subdivisions that adjoin or include existing streets that do not conform to the widths as shown on the Master Plan or Official Map or the street width requirements of this chapter shall dedicate additional width along either one or both sides of said road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.
(8)
Any subdivider who proposes a private street
shall be required to construct the same improvements as would be required
for a public street.
(9)
No subdivision showing reserve strips controlling
access to streets shall be approved, except where the control and
disposal of land comprising such strips has been placed in the governing
body under conditions approved by the Planning Board.
(10)
Grades of arterial and collector streets shall
not exceed 4%. Grades on other streets shall not exceed 10%. No street
shall have a minimum grade of less than 6/10 of 1%. Maximum grades
permitted on driveways between the street right-of-way line and the
building setback line shall not exceed 8%.
(11)
Street intersections shall be as nearly at right
angles as is possible, and in no case shall they be less than 60°.
The block corners at intersections shall be rounded at the curbline
with a curve having a radius of not less than 25 feet. No driveway
dropped curve shall be permitted on any portion of the radius curve.
(12)
Street offsets of less than 125 feet shall be
prohibited.
(13)
A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
(14)
When connecting street lines deflect from each
other at any point by more than 10° and not more than 45°,
they shall be connected by a curve with a radius of not less than
100 feet for minor streets and 300 feet for arterial and collector
streets.
(15)
All changes in grade shall be connected by parabolic
vertical curves to provide a sight distance of 200 feet based on a
height of eye of 4 1/2 feet and a height of object of four inches.
(16)
Dead-end streets.
(a)
Dead-end streets shall not be longer than the
distance as shown on the following table:
Zone
|
Maximum Length
(feet)
|
---|---|
R-40
|
1,400
|
R-25
|
1,200
|
R-15
|
1,000
|
R-10
|
800
|
(b)
All dead-end streets shall provide a turnaround
at the end with a radius of not less than 50 feet and tangent whenever
possible to the right side of the street. If a dead-end street is
of a temporary nature, a similar turnaround shall be provided and
provisions made for future extension of the street and reversion of
the excess right-of-way to the adjoining properties.
(17)
Street names are subject to the approval of
the Planning Board. No street shall have a name which will duplicate
or so nearly duplicate as to be confused with the names of existing
streets. The continuation of an existing street shall have the same
name.
(18)
Where a tract is subdivided into larger parcels
than zoned building lots, such parcels shall be arranged so as to
allow the opening of future streets and logical further subdivisions
as approved by the Planning Board.
(19)
Half streets shall be prohibited, except where
essential to the reasonable development of the subdivision and in
conformity with other requirements of these regulations and where
the Planning Board finds it will be practical to require the dedication
of the other half when the adjoining property is subdivided. Wherever
a half street is adjacent to a tract to be subdivided, the other half
of the street shall be platted within such tract
(20)
Block length and width.
(a)
Block length and width or acreage within bounding
roads shall be such as to accommodate the size of lot required in
the area by the Zoning Ordinance[1] and to provide for the convenient access, circulation
control and safety of street traffic. Block lengths shall not under
any circumstances exceed the following;
Zone
|
Maximum Length
(feet)
|
---|---|
R-40
|
1,800
|
R-25
|
1,500
|
R-15
|
1,200
|
R-10
|
1,200
|
(b)
In blocks over 1,000 feet long, pedestrian rights-of-way
may be required at locations within the block deemed necessary by
the Planning Board. Such right-of-way shall be at least 10 feet wide
and be from street to street and shall have a five-foot sidewalk down
its center.
D.
All lots hereafter created shall meet the minimum requirements of the zone in which they fall as hereinafter regulated in Part 5 of this chapter. In addition, the following requirements shall be met:
(1)
Insofar as is practical, side lot lines shall
be at right angles to straight streets and radial to curved streets.
(3)
Where extra width has been dedicated for the
widening of existing streets, lots shall begin at such extra-width
line, and all setbacks shall be measured from such line. Any lot in
single ownership, as defined herein, which met the minimum requirements
of the Land Use Ordinance at the time of its adoption on December
30, 1976, but which has subsequently become nonconforming because
additional street right-of-way has been obtained by the Township,
county or State of New Jersey for road improvement by purchase, donation.
dedication, condemnation or other legal means may be used for any
use not otherwise prohibited in said district in which it lies, and
the required minimum lot area, setbacks and front, side and rear yards,
if affected, shall be reduced by the area deeded to the Township,
county or state as aforesaid.
(4)
Where there is a question as to the suitability
of a lot or lots for their intended use due to factors such as rock
formations, flood conditions or similar circumstances, the Planning
Board may, after adequate investigation, withhold approval of such
lots for future development.[2]
[2]
Editor’s Note: Former Subsections D(5) and (6), requiring
corner lots to have sufficient width to meet other requirements and
requiring all lots to be at least 50 feet wide along its front or
the street right-of-way line, respectively, were repealed 9-13-2018
by Ord. No. 19-2018.
E.
The following standards shall be met for all public
use and service areas:
(1)
In large-scale development, easement along rear
property lines or elsewhere for utility installation may be required.
Such easements shall be at least 15 feet wide and located in consultation
with the companies or municipal departments concerned.
(2)
Where a subdivision is traversed by a watercourse,
drainageway channel or stream, there shall be provided a stormwater
easement or drainage right-of-way, conforming substantially to the
lines of such watercourse, and such further width or construction,
or both, as will be adequate for the purpose.
(3)
Natural features such as trees, brooks, hilltops
and views shall be preserved whenever possible in designing any subdivision
containing such features.
F.
Maintenance of open space.
(1)
Any subdivision that employs the concept of open space zoning or residential cluster as hereinafter regulated in Part 5 of this chapter shall either deed the open space land to the Township or shall make provision for the establishment of an open space organization, which shall own and maintain said open space for the benefit of owners or residents of the development. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Township of Hanover.
(2)
In the event that such organization shall fail
to maintain the open space in reasonable order and condition, Township
Committee may serve written notice upon such organization or upon
the owners of the development, setting forth the manner in which the
organization has failed to maintain the open space in reasonable condition,
and said notice shall include a demand that such deficiencies of maintenance
be cured within 35 days thereof and shall state the date and place
of a hearing thereon which shall be held within 15 days of the notice.
(3)
At such hearing, the Township Committee may
modify the terms of the original notice as to deficiencies and may
give a reasonable extension of time, not to exceed 65 days, within
which they shall be cured.
(4)
If the deficiencies set forth in the original
notice or in the modification thereof shall not be cured within said
35 days or any permitted extension thereof, the Township, in order
to preserve the open space and maintain the same for a period of one
year, may enter upon and maintain such land. Said entry and maintenance
shall not vest in the public any right to use the open space, except
when the same is voluntarily dedicated to the public by the owners.
(5)
Before the expiration of said year, the Township
Committee shall, upon its initiative or upon the request of the organization
theretofore responsible for the maintenance of the open space, call
a public hearing upon 15 days' written notice to such organization
and to the owners of the development, to be held by the Township Committee,
at which hearing such organization and the owners of the development
shall show cause why such maintenance by the Township shall not, at
the election of the Township, continue for a succeeding year.
(6)
If the Township Committee shall determine that
such organization is ready and able to maintain said open space in
reasonable condition, the Township shall cease to maintain said open
space at the end of said year. If the Township Committee shall determine
that such organization is not ready and able to maintain said open
space in a reasonable condition, the Township may, in its discretion,
continue to maintain said open space during the next succeeding year,
subject to a similar hearing and determination in each year thereafter.
The decision of the Township Committee in any such case shall constitute
a final administrative decision, subject to judicial review.
(7)
The cost of such maintenance by the Township
shall be assessed pro rata against the properties within the development
that have a right of enjoyment of the open space in accordance with
assessed value at the time of imposition of the lien and shall become
a lien and tax on said properties and be added to and be a part of
the taxes to be levied and assessed thereon and shall be enforced
and collected with interest by the same officers and in the same manner
as other taxes.
G.
Where a public water supply system approved by the
municipality is reasonably accessible, the Township Committee may
require that each lot within the subdivision area shall be provided
with water from such public water supply system, subject to the water
being made available by the owner of such public system.
H.
Sanitary sewers, sanitary sewer lines and their associated
facilities, such as lift pumps, siphons and building Y-branches, shall
be of a size, location, construction and installation which shall
be subject to the approval of the Hanover Sewerage Authority. If final
approval is sought prior to the completion of such sewer lines, the
amount set forth in the performance guaranty shall be subject to the
approval of the Hanover Sewerage Authority. Where no public sewage
facilities are available for immediate tie-in, the subdivider shall
install individual sewage disposal systems for each lot. All such
individual sewage disposal systems shall be constructed in accordance
with the existing regulations of the Board of Health.[3]
[3]
Editor's Note: See Part III, Board of Health
Legislation, of the Code of the Township of Hanover.
I.
For all major subdivisions, the applicant shall arrange
with the serving utility for the underground installation of the utilities'
distribution supply lines and service connections in accordance with
the provisions of the applicable standard terms and conditions incorporated
as a part of its tariff as the same are then on file with the State
of New Jersey Board of Public Utility Commissioners. Lots in such
subdivisions which abut existing streets where overhead electric or
telephone distribution supply lines have theretofore been installed
on any portion of the streets involved may be supplied with electric
and telephone service from such overhead lines or extensions thereof,
but the service connection from the utilities' overhead lines shall
be installed underground.
J.
All subdivisions shall, to the greatest degree possible,
follow energy-efficient design principles and maximize the use of
renewable energy sources. Within the limits of practicability and
feasibility, the criteria listed below shall be followed:
(1)
Streets. Streets shall also be so oriented as
to permit the buildings to be constructed thereon to maximize solar
gain. Where possible, streets shall run in an east-west direction.
(2)
Lots. Lots shall also be oriented so as to permit
buildings to be constructed thereon to maximize solar gain. Where
possible, the long access of a lot shall run in a north-south direction.
(3)
Topography. The development shall take advantage
of topographic features to maximize solar gain and afford protection
from winter winds. Where possible, development shall be oriented to
southerly slopes.
(4)
Vegetation. Maximum use shall be made of natural
vegetation which will afford protection from winter winds and provide
shading in the summer.
[Amended 6-8-1995 by Ord. No. 16-95; 12-11-1997 by Ord. No.
34-97]
The applicant shall observe the following requirements
and principles in the development of a site plan or portion thereof,
except as provided otherwise by the New Jersey Residential Site Improvement
Standards, N.J.A.C. 5:21:
A.
The provisions of this chapter with respect to height,
minimum lot areas, mandatory open spaces and the like are complied
with.
B.
Adequate provision is made for off-street parking
in accordance with this chapter, and adequate traffic circulation
and protection to adjoining property are provided.
C.
Adequate provision is made for the disposal of stormwater as required by § 166-104.1 and as approved by the Township Engineer.
[Amended 4-11-2013 by Ord. No. 13-13]
D.
The location, design or construction of any building
is not likely to involve risks of traffic congestion, public safety
or hazard.
E.
The design or construction of any building or use
will not be so markedly incongruous with the character of the neighborhood
as to materially affect the value of adjacent or nearby property.
F.
Any lighting shall be so arranged and shielded as to reflect the
light downward away from adjoining streets, residence zones or residential
buildings. The lighting shall also comply with the following requirements:
[Amended 4-11-2013 by Ord. No. 13-13]
(1)
No lighting structure shall exceed 15 feet in height, except
that light fixtures may be up to 30 feet high when both of the following
conditions are complied with:
(2)
No lighting fixture shall exceed 250 watts, except for fixtures
having a height greater than 20 feet, which shall not exceed 400 watts.
(3)
All lighting shall be equipped with shielding as to reflect
the light downward and prevent the direct source of light from being
visible from any point 3.5 feet or higher above the ground in any
abutting residential zone or on the traveled way in any abutting street.
(4)
The maximum lumen power at any point along the property line
of the premises upon which the lighting fixture is located shall be
0.5 footcandle, except that this requirement shall not apply at the
intersections of driveways with streets.
G.
Off-street parking areas shall be used solely for
the parking of passenger automobiles, and no commercial repair work
or service of any kind shall be conducted on the parking lot, nor
shall such lots be used for the parking of disabled, dismantled, inoperable
or unregistered vehicles.
H.
The only signs permitted shall be directional signs as permitted and regulated in § 166-141E of this chapter.
I.
Required dimensions for parking spaces and service
aisles. Parking spaces and service aisles for the same shall conform
to the following minimum dimension standards:
(1)
Parking spaces shall be designed to provide
a rectangular area with the following minimum dimensions, which shall
exclude any roadway, driveway or access aisle adjacent to the parking
or loading space:
Parking Space Design
|
Space Width
(feet)
|
Space Length
(feet)
|
---|---|---|
Less than 2-foot curb overhang
|
9
|
20
|
At least 2-foot curb overhang
|
9
|
18
|
(2)
In addition to the above requirements, parking
spaces oriented parallel to the access aisle shall be provided with
at least four feet between such spaces and at both ends of the last
space in a row of such spaces, in order to provide for convenient
access.
(3)
Parking space angle and design.
(a)
Service aisles providing access to parking spaces
for multifamily residential and nonresidential uses shall have the
following minimum widths, provided that service aisles for parking
spaces that intersect the aisle at less than 90° shall be designed
for one-way traffic only:
Angle of Parking Space
(degrees)
|
Aisle Width
(feet)
|
---|---|
0 (parallel)
|
12
|
30
|
11
|
45
|
13
|
60
|
18
|
75
|
22
|
90
|
24
|
(b)
For purposes of administering the above aisle
width requirements, all parking spaces which are served by the aisle
must be at the same angle to the aisle; otherwise the more restrictive
aisle dimension shall apply.
(4)
Dimensions of loading spaces.
[Added 4-11-2013 by Ord.
No. 13-13]
(a)
Loading spaces shall be designed to provide an off-street rectangular
area with the following minimum dimensions, which shall exclude any
street, driveway, access aisle or other right-of-way area adjacent
to the loading space:
Type of Vehicle
|
Space Width
(feet)
|
Space Length
(feet)
|
---|---|---|
Light delivery truck
|
11
|
25
|
Single-unit truck
|
12
|
35
|
Tractor trailer (WB-50)
|
12
|
55
|
Other
|
As determined by the reviewing agency
|
(b)
When spaces are designed to be parallel to the access aisle,
and additional four feet of depth shall be required at each end of
the space, in order to provide for maneuvering area in and out of
the space. This additional depth shall be striped on the pavement
to prohibit parking within such area.
(5)
Access aisles for loading spaces.
[Added 4-11-2013 by Ord.
No. 13-13]
(a)
The width of access aisles serving loading spaces shall be not
less than as follows, excluding the adjacent loading space:
Vehicle Type
|
Required Aisle Width
(feet)
|
---|---|
Light delivery truck
|
25
|
Single-unit truck
|
35
|
Tractor trailer (WB-50)
|
55
|
Other
|
As determined by the reviewing agency
|
(b)
For purposes of administering the above requirements, the width
of the access aisle shall be measured in the same direction as and
along the sides (long dimension) of the loading space being served
by the aisle.
J.
All other applicable provisions of this chapter are
met.
K.
The applicant has obtained necessary approvals of
any state, county or municipal agencies.
L.
Provision is made for the protection of trees in unpaved
areas during the course of construction.
M.
The Planning Board shall give consideration to such
other elements or aspects of the site plan or proposed use as may
relate to the design of the plan, the general environment of the area
or the health, safety and general welfare of the public and, in so
doing, may refer the application to such other agencies as may be
desirable for report and recommendation.
N.
The applicant shall arrange with the serving utility
for the underground installation of all utilities on the site. Sites
which abut existing streets where overhead electric or telephone distribution
supply lines have theretofore been installed may be supplied with
electric and telephone service from such overhead lines or extensions
thereof, but the service connection from the utilities' overhead lines
shall be installed underground.
O.
Site plans shall follow the same energy conservation principles as set forth in § 166-103J above.
P.
Notwithstanding the provisions of § 166-104I(1) above, parking spaces within a parking deck, where permitted, shall comply with the following minimum dimension standards, provided that such spaces are utilized for low-turnover parking. For purposes of administering this provision, low-turnover spaces are designed to serve employees of office or industrial uses, commuters and other establishments where vehicles normally occupy parking spaces for long time periods. In the event that there is proposed a mixture of low-turnover and high-turnover parking utilization spaces in the same parking area, the required dimensions for high-turnover spaces shall apply, unless the applicant can demonstrate that the low-turnover usage of the spaces will be properly enforced.
[Amended 12-13-2012 by Ord. No. 23-12; 10-12-2017 by Ord. No. 22-2017]
Parking Space Design
|
Space Width
(feet)
|
Space Length
(feet)
|
---|---|---|
Less than 2-foot curb overhang
|
9
|
18
|
Q.
Curbing, pavement, and striping design standards for parking and
loading areas and driveways.
[Added 4-11-2013 by Ord.
No. 13-13]
(1)
Parking and loading areas shall be enclosed by granite block
curbing having an exposed face six inches high above the paved surface,
provided that flush or depressed curbs shall be permitted where necessary
and appropriate for vehicular access, barrier-free access, shopping
cart access and special drainage situations, as determined by the
reviewing agency. Flush or depressed curb may constructed of granite
block or concrete, as determined by the reviewing agency.
(a)
Wheel stops shall be permitted, and may be required, in locations
where flush curbs or no curbs are permitted, in order to avoid excessive
encroachment beyond the edge of parking and loading areas by motor
vehicles, as determined by the reviewing agency.
(b)
When curbs are provided, additional barriers such as wheel stops
or bollards shall not be located between the curb and the parked vehicle.
(2)
All off-street parking areas shall be surfaced with bituminous
concrete at least two inches thick after compaction, on a bituminous
stabilized base at least four inches thick after compaction and approved
by the Township Engineer. A greater thickness and/or different material
and specifications may be required by the reviewing agency in locations
used by heavy trucks or where warranted by sub-base conditions.
(3)
Each parking space, except for parallel spaces (i.e., with the
long dimension parallel to the adjacent access aisle) shall be indicated
on the paved area with hairpin striping which meets the following
specifications:
(a)
Each painted line shall be four inches wide.
(b)
Two parallel lines shall be painted on each side of each parking
space.
(c)
The distance between the two parallel lines shall be 10 inches
(inside dimension) and 18 inches (outside dimension).
(d)
The two parallel lines shall be centered along the imaginary
line which is the boundary between two adjacent parking spaces.
[Added 2-23-2006 by Ord. No. 4-2006;
amended 2-11-2021 by Ord. No. 3-2021]
A.
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)
(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.
B.
CONTRIBUTORY DRAINAGE AREA
CORE
DEPARTMENT
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
DISTURBANCE
DRAINAGE AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
MAJOR DEVELOPMENT
(1)
(2)
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
(1)
(2)
(3)
(4)
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER RUNOFF
TOWNSHIP
URBAN REDEVELOPMENT AREA
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
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.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
The New Jersey Department of Environmental Protection.
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.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
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. 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.
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.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
An area or feature which is of significant environmental
value, including but not limited to stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
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.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
An individual development, as well as multiple developments
that individually or collectively result in:
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.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope-grooming machines, or
vehicles that run only on rails or tracks.
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.
Any city, borough, town, Township, or village.
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 Township approving authority, 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.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. §§ 2011 et seq.)], thermal waste,
wrecked or discarded equipment, rock, sand, cellar dirt, industrial,
municipal, agricultural, and construction waste or runoff, or other
residue discharged directly or indirectly to the land, groundwaters
or surface waters of the state, or to a domestic treatment works.
"Pollutant" includes both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
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);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
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.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of these
goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
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).
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.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
The Township of Hanover or its approving authority, as applicable.
Previously developed portions of areas delineated on the
State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1),
Designated Centers, Cores or Nodes. For purposes of this definition,
"previously developed" shall mean that at the time an application
is filed, or at the time of start of construction if no application
is required, does not provide any groundwater recharge.
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.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
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."
C.
Design and performance standards for stormwater management measures.
(1)
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:
(a)
The minimum standards for erosion control are those established
under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39
et seq., and implementing rules at N.J.A.C. 2:90.
(b)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
(2)
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.
D.
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(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;
(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(16), (17) and (18) that were not achievable on-site.
(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(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 Register 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 (a) through (g) are found
after Table 3 below)
|
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
after Table 3 below)
|
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 Township. 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 F(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 (15)(b) are subject to the contributory drainage area limitation specified at Subsection (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 (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, 5:21-7.4, and 5:21-7.5
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 section, 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 Subsection 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 on-site 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 Township's stormwater management plan or regulations shall be reflected in a deed notice recorded in the office of the Morris County Clerk. A form of deed notice shall be submitted to the Township 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(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 Township. 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 Township is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the Township within 180 calendar days of the authorization granted by the Township.
(14)
A stormwater management measure approved under the municipal stormwater management plan or regulations may be altered or replaced with the approval of the Township, if the Township 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 Township for approval and subsequently recorded with the office of the Morris 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 Township 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
|
(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 preconstruction groundwater recharge volume
for the site; or
[2]
Demonstrate through hydrologic and hydraulic analysis
that the increase of stormwater runoff volume from preconstruction
to post-construction for the two-year storm is infiltrated.
(c)
This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or 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)[2] above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(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
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
R = A + B - (A x B)/100
|
Where:
| ||
R
|
=
|
Total TSS percent load removal from application of both BMPs.
|
A
|
=
|
The TSS percent removal rate applicable to the first BMP.
|
B
|
=
|
The TSS percent removal rate applicable to the second BMP.
|
(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)3i, 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).
(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 preconstruction runoff hydrographs for the same
storm events;
[2]
Demonstrate through hydrologic and hydraulic analysis
that there is no increase, as compared to the preconstruction condition,
in the peak runoff rates of stormwater leaving the site for the two-,
ten- and 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; or
[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 preconstruction
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.
(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.
E.
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/stelprdb1044171.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 preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology 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 have 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 preconstruction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce preconstruction stormwater runoff rates and volumes.
(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.
F.
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.
G.
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 7.0 square inches or is
no greater than 0.5 inch across the smallest dimension.
[a]
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 7.0 square inches
or be no greater than 2.0 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
9.0 square inches;
[2]
Where the Township 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 4.625 inches long and 1 1/2
inches wide (this option does not apply for outfall netting facilities);
or
[b]
A bar screen having a bar spacing of 0.5 inches.
[c]
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.
H.
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 Township pursuant to Subsection H(4), relief from this requirement may be granted for a freestanding outlet structure.
[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 feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one 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 exception from safety standard. A variance or exception
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the Township that the variance or exception
will not constitute a threat to public safety.
I.
Procedural requirements for a site development stormwater plan.
(1)
Submission of site development stormwater plan.
(a)
Whenever an applicant seeks Township approval of a development subject to this section, the applicant shall submit all of the required components of the submission requirements for applications for subdivision or site plan approval in Article XII pertaining to stormwater management 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.
J.
Maintenance and repair:
(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
(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 Township 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 Township, 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 Township 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 Township 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.