A.
For the purpose of this chapter, the Township of Shamong
is divided into areas as designated by the Pinelands Comprehensive
Management Plan. Within those areas there may be several zones or
districts with in which different types of uses are permitted. The
criteria for each area and zone or district within the area, if applicable,
and the permitted uses allowed therein are set forth below. Any use
not specifically permitted is prohibited.
B.
The boundaries of all areas, districts or zones are
hereby established as shown on the map entitled "Zoning Map of Shamong
Township" revised to August 1997, annexed to this chapter and hereby
made a part hereof.[1]
[Amended 4-3-1990 by Ord. No. 1990-1; 9-4-1997 by Ord. No. 1997-8]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
C.
Prohibited uses.
[Amended 5-6-2014 by Ord. No. 2014-2]
(1)
All uses not expressly permitted in this chapter are prohibited.
(2)
No building or structure may be erected, altered or used, and
no lot or premises may be used, for any use which is likely to create
conditions of hazards, smoke, fumes, noise, odor or dust or other
noxious or offensive conditions detrimental to the health, safety
or general welfare of the surrounding area. All uses shall be subject
to such fire-safety conditions as are approved by the Fire Official.
In determining whether a proposed use is noxious, hazardous or offensive,
the following standards shall apply. The proposed use, facility or
operations shall not:
(a)
Constitute a public nuisance beyond the boundary of the site
on which the use is located, by reason of dissemination of noxious,
toxic or corrosive fumes, smoke, odor or dust.
(b)
Result in noise or vibration exceeding the average intensity
of noise or vibration occurring from other causes at the boundary
line of the site on which the use is located.
(c)
Endanger surrounding areas by reason of fire or explosion.
(d)
Produce objectionable heat or glare.
(e)
Result in electrical disturbances in nearby residences.
(f)
Contribute to the pollution of waters.
(g)
Create an objectionable traffic condition on the street or in
an adjacent area.
(h)
Create any other objectionable condition in an adjoining area
which will endanger public health and safety or be detrimental to
the proper use of the surrounding area.
(3)
The following uses are expressly prohibited in all zones, areas
and districts:
(a)
Junkyards and junk business or automobile junkyards or wrecking
yards.
(b)
Sanitary landfills, garbage dumps, refuse dumps, disposal sites
for solid and liquid materials and dumps for hazardous wastes.
(c)
Acetylene manufacture or warehouse storage.
(d)
Asphalt or coal tar manufacture or refining.
(e)
Creosote manufacture or treatment.
(f)
Celluloid manufacture or storage or rubber manufacture.
(g)
Fat rendering, soap, tallow, grease or lard manufacture or refining.
(h)
Abattoir or stockyards.
(i)
Animal black, lamp black or bone black manufacture.
(j)
Crematory.
(k)
Oilcloth or linoleum manufacture.
(l)
Potash works.
(m)
Gas manufacture or storage in excess of 10,000 cubic feet.
(n)
Match manufacture.
(o)
Tanning, curing or storage of raw hides.
(p)
Tar distillation or manufacture.
(q)
Petroleum refining or processing.
(r)
Storage of gasoline or petroleum products in excess of 10,000
gallons above ground.
(s)
Fertilizer manufacture.
(t)
Explosive manufacture or storage, including, but not limited
to, gunpowder, fireworks, etc.
(u)
Manufacture or warehouse storage of combustible, inflammable
or volatile materials; those uses which may be noxious or offensive
by reason of the emission of odor, gas, smoke, dust, vibration or
noise; and those uses which constitute an unusual fire or explosive
hazard.
(v)
Storage or use of motor vehicle, trailer or other type of vehicle
for residential or commercial purposes on vacant lot or unoccupied
lot or portion thereof, except temporarily (15 days) on a lot used
for temporary parking of automobiles.
(w)
No trailer or recreational vehicle shall be used for residential
purposes either on a temporary or permanent basis. This provision
shall not be construed to prohibit mobile homes in a duly authorized
mobile home park or which have been previously permitted by law. No
truck, trailer, tractor trailer, containerized unit or similar structure,
device or vehicle shall be used for storage purposes unless totally
enclosed within a building appropriate for the use and which has received
site plan approval as a storage facility or warehouse.
(x)
Storage of materials, including but not limited to wood, in
such a manner that it would attract vermin.
D.
Uses permitted in all zones, areas, and districts:
Temporary construction trailers during the period of construction
beginning with the issuance of a building permit or the first building
permit if multiple building permits are involved, and ending when
construction is completed or one year, whichever is less, provided
that said trailer is set back at least 15 feet from the street or
lot lines.
[Added 3-2-1993 by Ord. No. 1993-3]
A.
Residential District.
(1)
Permitted principal uses.
(a)
Single-family detached house in accordance with
the provisions of Subsection D below. The overall density shall not
be greater than one dwelling unit per 2.1 acres. With the use of Pinelands
development credits, the overall density may be increased to one dwelling
unit per 1.2 acres.
[Amended 9-4-1997 by Ord. No. 1997-8]
(b)
Farms and farm buildings, golf courses, municipal
buildings, public parks and playgrounds, churches, elementary, intermediate
and secondary schools, firehouses.
(c)
Signs subject to the limitations of this chapter
and the Comprehensive Management Plan.
(d)
Public service infrastructure; private energy
or water collection facilities as accessory to a residential structure.
(2)
Permitted accessory uses.
(a)
Customary farm buildings for use in conjunction
with agricultural uses.
(b)
Accessory dwellings for domestic or household
employees or farm workers, provided that each such dwelling unit shall
comply in every respect to the statutes of the State of New Jersey
and the rules and regulations of the New Jersey State Board of Health
concerning farm labor housing.
(c)
Agricultural commercial establishments for the
sale of farm products. There shall be limit of one establishment per
farm. Such establishment shall be set back a minimum of 35 feet from
the street line.
(d)
Private garages, carports and accessory buildings
less than 865 square feet in area for use with the main dwelling.
[Amended 7-14-2020 by Ord. No. 2020-6; 9-1-2020 by Ord. No. 2020-7]
(e)
Off-street parking facilities located no closer
than 10 feet to any lot line except in the case of a common driveway.
(f)
Private residential swimming pools and greenhouses.
(g)
Clubhouses with golf courses.
(3)
Uses permitted with a conditional use permit.
(a)
Home occupation, provided it meets the standards
set forth in this chapter.
(b)
Hospitals or nursing homes; congregate care
facilities; residential care facilities.
(c)
Preschools and day-care centers.
(d)
Utility structures and facilities needed to
provide the direct service of gas, electricity, telephone, water and
sewerage, but not offices, garages, warehouses, maintenance areas
or similar commercial- or industrial-related operations of such companies.
(e)
Quasi-public buildings and recreation areas.
(5)
Any municipal variance approval which grants relief from the density or lot area requirements set forth in §§ 110-129 and 110-120A(1) for the Regional Growth Residential District shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.
[Added 3-2-1993 by Ord. No. 1993-3]
(6)
No residential dwelling unit or nonresidential
use shall be located on a parcel less than one acre unless served
by a centralized wastewater treatment plant.
[Added 3-2-1993 by Ord. No. 1993-3]
B.
Commercial District.
(1)
Permitted principal uses on the land and in
the buildings.
(a)
Local retail activities including grocery stores,
meat markets, seafood markets, supermarkets, delicatessens, bakeries,
drug stores, furniture stores, sporting good shops, gift shops, hobby
shops, bookstores, clothing stores, shoe stores, hardware stores,
packaged liquor stores, pet shops, stationery stores, fabric stores
and florists.
(b)
Local service activities including barber and
beauty shops, tailors, dry-cleaning and laundering operations, appliance
repair shops, shoe repair shops and upholsterers.
(c)
Restaurants, bars, and package stores.
(d)
Banks, including drive-in facilities.
(e)
Professional offices.
(f)
All permitted principal uses as set forth in
the Regional Growth Area Residential District.
(2)
Permitted accessory uses.
(a)
Off-street parking.
(b)
Fences and walls.
(c)
Garages to house delivery trucks or other commercial
vehicles.
(d)
Temporary construction trailers and one sign
not exceeding 50 square feet advertising the prime contractor, subcontractor(s),
architect, financing institution, and similar data for the period
of construction, beginning with the issuance of a building permit
or one year, whichever is less, provided that said trailer and sign
are on the site where construction is taking place and set back at
least 15 feet from street to lot lines.
(3)
(5)
No residential dwelling unit or nonresidential
use shall be located on a parcel less than one acre unless served
by a centralized wastewater treatment plant.
[Amended 3-2-1993 by Ord. No. 1993-3]
C.
Any local variance for an approval of a nonresidential
development in the Regional Growth Area Residential or Commercial
Districts where the use would not otherwise be permitted shall require
that Pinelands development credits be used at the maximum rate permitted
in the district in which the development is to be located.
[Added 9-4-1990 by Ord. No. 1990-7]
A.
Any area in the Regional Growth Area may serve as a receiving area for Pinelands development credits transferred from any eligible location in the Pinelands Area. Residential development using development credits will be allowed in accordance with the provisions of § 110-120A and in accordance with the bulk and area requirements of § 110-129, Schedule of Limitations.
B.
Any municipal variance approval which grants relief from the density or lot area requirements set forth in §§ 110-129 AND 110-120A(1) for the Regional Growth Residential and Commercial Districts shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.
[Amended 3-2-1993 by Ord. No. 1993-3]
C.
Any local variance for an approval of a nonresidential
development in the Regional Growth Area Residential or Commercial
Districts where the use would not otherwise be permitted shall require
that Pinelands development credits be used at the maximum rate permitted
in the district in which the development is to be located.
[Added 9-4-1990 by Ord. No. 1990-7]
A.
Residential Districts RD-1, RD-2, RD-3, and RD-4.
(1)
Permitted principal uses.
(a)
Single-family detached houses, provided that clustering of the permitted single-family detached dwellings in accordance with § 110-110.4 shall be required whenever two or more units are proposed as part of a residential development. Single-family dwellings on existing lots of record shall comply with the following minimum lot size requirements:
[Amended 12-18-2012 by Ord. No. 2012-09]
(b)
Single-family detached houses on minimum lots of 3.2 acres, provided that the applicant meets the provisions of § 110-107 of this chapter.
(d)
Agricultural or horticultural uses; farms and
associated farm buildings.
(e)
Agricultural employee housing as an element
of an active agricultural or horticultural operation.
(g)
Recreation facilities other than amusement parks.
(h)
Agricultural products, sales establishments.
(i)
Agricultural processing facilities and other
light industrial uses.
(j)
Public service infrastructure, except that centralized wastewater treatment and collection facilities shall be permitted to serve any Rural Development Area District only in accordance with § 110-32B(2).
[Amended 6-4-1997 by Ord. No. 1997-5]
(k)
Institutional uses limited to municipal buildings,
parks and playgrounds, churches, elementary, intermediate and secondary
schools, firehouses. Other institutional uses are available as a conditional
use in this area.
(l)
Signs.
(2)
Permitted
accessory uses.
[Added 2-2-2021 by Ord. No. 2021-3[2]]
(a)
For each dwelling unit, the same accessory uses shall be permitted
as are permitted for dwelling units in the Regional Growth Area.
(b)
For each commercial establishment, the same accessory uses shall
be permitted as are permitted in the commercial districts of the Regional
Growth Area.
[2]
Editor's Note: This ordinance also renumbered former Subsection
A(2) as Subsection A(3).
(3)
Uses permitted with a conditional use permit:
[Added 10-3-2000 by Ord. No. 2000-8]
B.
Commercial District.
(1)
Permitted principal uses.
(a)
All those commercial uses set forth as principal
uses allowed in the Regional Growth Commercial District including
local retail activities, local service activities, restaurants, bars,
package stores, banks including drive-in facilities and professional
offices.
(b)
Roadside retail sales and service establishments.
(c)
Community commercial uses.
(d)
Agricultural products sales establishments.
(e)
Signs.
(f)
Public service infrastructure, except that centralized wastewater treatment and collection facilities shall be permitted to serve the Rural Development Area Commercial District only in accordance with § 110-32B(2).
[Amended 6-4-1997 by Ord. No. 1997-5]
(2)
Permitted accessory uses.
(3)
Uses permitted with a conditional use permit.
(a)
Home occupation, provided it meets the standards
set forth in this chapter.
(b)
Hospitals or nursing homes; congregate care
facilities; residential care facilities.
(c)
Preschools and day-care centers.
(d)
Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water and sewerage, but not offices, garages, warehouses, maintenance areas or similar commercial- or industrial-related operations of such companies, except that sewer treatment and collection facilities shall be permitted to serve any Rural Development Area District only in accordance with § 110-32B(2).
(e)
Quasi-public buildings and recreation areas.
(4)
Notwithstanding the minimum lot areas and maximum densities set forth in this chapter, no such minimum lot area for a nonresidential use within any Rural Development Area District shall be less than that needed to meet the water quality standards of § 110-32B(4), whether or not the lot may be served by a centralized sewer treatment or collection system pursuant to § 110-32B(2).
A.
Permitted principal uses.
(1)
Single-family detached houses on lots of not less than 18.6 acres, provided that clustering of the permitted single-family detached houses in accordance with § 110-110.4 shall be required whenever two or more units are proposed as part of a residential development.
[Amended 12-18-2012 by Ord. No. 2012-09]
(2)
Agricultural or horticultural uses; farms and
associated farm buildings.
(3)
Agricultural employee housing as an element
of an active agricultural or horticultural operation.
(5)
Low-intensity recreational uses subject to the
following:
(a)
The parcel proposed for low-intensity recreational
use has an area of at least 50 acres;
(b)
The use does not involve the use of motorized
vehicles except for necessary transportation;
(c)
Access to water bodies is limited to no more
than 15 linear feet of frontage per 1,000 feet of water body frontage;
(d)
Clearing of vegetation, including ground cover
and soil disturbance does not exceed 5% of the parcel; and
(e)
No more than 1% of the parcel will be covered
with impervious surfaces.
[Amended 12-18-2012 by Ord. No. 2012-09]
(6)
Public service infrastructure intended to serve primarily the needs of the Pinelands. Centralized wastewater treatment and collection facilities shall be permitted to service the Forest Area District only in accordance with § 110-32B(2).
[Amended 6-4-1997 by Ord. No. 1997-5]
(7)
Institutional uses.
(a)
Institutional uses limited to municipal buildings,
parks and playgrounds, churches, elementary, intermediate and secondary
schools, firehouses, provided that:
[1]
The use does not require or will not generate
subsidiary or satellite development in the Forest Area;
[2]
The applicant has demonstrated that adequate
public service infrastructure will be available to serve the use;
and
[3]
The use is primarily designed to serve the needs
of the Forest Area in which the use is to be located.
(b)
Other institutional uses are available as a
conditional use in this area but must meet the same standards as are
set forth above.
(8)
Pinelands resource-related industrial or manufacturing
uses, excluding resource extraction operations and uses that rely
on sand or gravel as raw products, provided that:
[Amended 6-4-1997 by Ord. No. 1997-5]
(9)
Agricultural commercial establishments, excluding
supermarkets, restaurants and convenience stores, provided that the
principal goods or products available for sale were produced in the
Pinelands, and the sales area of the establishment does not exceed
5,000 square feet.
(10)
Roadside retail sales and service establishments,
provided that the parcel proposed for development has roadway frontage
of at least 50 feet and that no portion of any structure proposed
for development will be more than 300 feet, measured along a line
parallel to the roadway, from the closest part of a roadside retail
sales and service establishment structure that was in existence on
February 7, 1979, and that the proposed use will not unduly burden
public services, including but not limited to water, sewer, and roads.
(11)
Signs subject to the limitations of this chapter.
(12)
Campgrounds, not to exceed one campsite per
gross acre, provided that the campsites may be clustered at a net
density not to exceed 10 campsites per acre.
[Amended 6-4-1997 by Ord. No. 1997-5]
(14)
Single-family detached dwellings on minimum lots of 3.2 acres, provided the applicant meets the provisions of § 110-107.
[Added 12-18-2012 by Ord. No. 2012-09]
(15)
Single-family detached dwellings on minimum lots of 3.2 acres, subject
to the following:
[Added 12-18-2012 by Ord. No. 2012-09]
(a)
The dwelling unit will be the principal residence of the property
owner or a member of the immediate family of the property owner;
(b)
The parcel has been in the continuous ownership since February 7,
1979, of the person whose principal residence the dwelling unit will
be, a member of that person's immediate family, or a partnership or
corporation in which members of that person's immediate family collectively
own more than a majority interest in such partnership or corporation;
(c)
The parcel was not in common ownership with any contiguous land on
or after February 8, 1979, that contains substantial improvements;
and
(d)
The parcel includes all vacant contiguous lands in common ownership
on or after February 8, 1979.
B.
Permitted accessory uses.
(1)
For each dwelling unit, the same accessory uses
shall be permitted as are permitted for dwelling units in the regional
growth area.
(2)
For each commercial industrial establishment,
the same accessory uses shall be permitted as are permitted in the
commercial industrial districts of the regional growth area.
C.
Uses permitted with a conditional use permit.
(1)
Home occupation, provided it meets the standards
of this chapter.
(2)
Hospitals and nursing homes; congregate care
facilities; residential care facilities; preschools and day-care centers,
provided that:
(a)
The use does not require or will not generate
subsidiary or satellite development in the Forest Area;
(b)
The applicant has demonstrated that adequate
public infrastructure will be available to serve the use; and
(c)
The use is primarily designed to serve the needs
of the Forest Area District in which the use is to be located.
(3)
Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water and sewerage, but not offices, garages, warehouses, maintenance areas or similar commercial- or industrial-related operations of such companies, except that sewer treatment and collection facilities shall be permitted to serve the Forest Area District only in accordance with § 110-32B(2).
D.
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use within the Forest Area District shall be less than that needed to meet the water quality standards of § 110-32B(4), whether or not the lot may be served by a centralized sewer treatment or collection system, pursuant to § 110-32B(2).
[Amended 10-10-1989 by Ord. No. 1989-14; 9-4-1990 by Ord. No. 1990-7; 3-2-1993 by Ord. No. 1993-3; 6-4-1997 by Ord. No. 1997-5; 9-4-1997 by Ord. No. 1997-8]
A.
Agricultural Production District.
(1)
Permitted principal uses.
(a)
Farms and farm buildings.
(b)
Single-family residential dwellings on lots of 3.2 acres in accord with § 110-107 of this chapter.
(c)
Residential dwelling units not to exceed a gross
density of one unit per 10 acres, provided that:
[1]
The dwelling is accessory to an active agricultural
operation;
[2]
The dwelling is for an operator or employee
of the farm who is actively engaged in and essential to the agricultural
operation;
[3]
The dwelling is located on a lot at least six
acres in size which is under or qualified for agricultural assessment;
[Amended 10-10-1989 by Ord. No. 1989-14]
[4]
The dwelling is located on a lot which has an
active production history or where a farm management plan has been
prepared which demonstrates that the property will be farmed as a
unit unto itself or as part of another farm operation in the area;
and
[5]
A residential lot has not been subdivided from the property within the previous five years, unless the lot has been subdivided pursuant to § 110-107 of this chapter; and
[Amended 9-4-1990 by Ord. No. 1990-7]
[6]
No more than one lot may be created for a dwelling
pursuant to this subsection at any one time.
[Added 9-4-1990 by Ord. No. 1990-7]
(d)
Residential dwellings units at a gross density
of one unit per 40 acres, provided that:
[Amended 6-4-1997 by Ord. No. 1997-5]
[1]
The unit(s) shall be clustered on one-acre lots;
[2]
The remainder of the parcel, including all contiguous
lands in common ownership, which is not assigned to individual residential
lots, shall be permanently dedicated for agricultural uses through
recordation of a restriction on the deed to the parcel; and
[3]
The restriction on the deed to the parcel, including
any rights to be redeemed for future residential development, shall
be done in accordance with N.J.A.C. 7:50-5, Part IV, so as to sever
any Pinelands development credits allocated to the parcel.
(e)
Agricultural employee housing as an element
of an active agricultural or horticultural operation.
(g)
Low-intensity recreational uses, provided that:
[1]
The parcel proposed for low-intensity recreational
use has an area of at least 50 acres;
[2]
The use does not involve the use of motorized
vehicles except for necessary transportation;
[3]
Access to water bodies is limited to no more
than 15 linear feet of frontage per 1,000 feet of water body frontage;
[4]
Clearing of vegetation, including ground cover
and soil disturbance, does not exceed 5% of the parcel; and
[5]
No more than 1% of the parcel will be covered
with impervious surfaces.
[Amended 12-18-2012 by Ord. No. 2012-09]
[6]
No permanent structures shall be proposed or installed as part
of the recreational use.
[Added 12-20-2023 by Ord.
No. 2023-12]
[7]
A traffic impact assessment shall be submitted with the application.
[Added 12-20-2023 by Ord.
No. 2023-12]
(h)
Agricultural commercial establishments excluding
supermarkets, restaurants and convenience stores, provided that the
principal goods or products available for sale were produced in the
Pinelands, and the sales area of the establishment does not exceed
5,000 square feet.
(i)
Agricultural products processing facilities.
(j)
Roadside retail sales and service establishments,
provided that the parcel proposed for development has roadway frontage
of at least 50 feet, and no portion of any structure proposed for
development will be more than 300 feet measured along a line parallel
to the roadway, from the closest part of a roadside retail sales and
service establishment structure that was in existence on February
7, 1979, and that the proposed use will not unduly burden public services,
including but not limited to water, sewer, and roads.
(k)
Pinelands resource-related industries, excluding
resource extraction operations and uses that rely on sand or gravel
as raw products, provided that the parcel proposed for development
has an area of at least five acres and the principal raw material
for the proposed use is found and produced in the Pinelands and that
the use does not require or will not generate subsidiary or satellite
development in the Agricultural Production District.
[Amended 6-4-1997 by Ord. No. 1997-5]
(l)
Airports and heliports which are accessory to
agricultural uses and are used exclusively for the storage, fueling,
loading and operation of aircraft as part of an ongoing agricultural
operation.
(m)
Public service infrastructure, except that centralized wastewater treatment and collection facilities shall be permitted to service the Agricultural Production District only in accordance with § 110-32B(2).
[Amended 6-4-1997 by Ord. No. 1997-5]
(n)
Signs subject to the limitations of this chapter.
(o)
Pinelands development credits.
(p)
Expansion of intensive recreational uses, provided
that:
[Added 6-4-1997 by Ord. No. 1997-5]
[1]
The intensive recreational use was in existence
on February 7, 1979, and the capacity of the use will not exceed two
times the capacity of the use on February 7, 1979;
[2]
The use is necessary to achieve recreational
use of a particular element of the existing Pinelands environment;
and
[3]
The use is environmentally and aesthetically
compatible with the character of the Pinelands Agricultural Production
Area and the characteristics of the particular basin in which the
use is to be located, taking into consideration the proportion of
cleared and developed land, ambient water quality, ecologically sensitive
areas and unique resources, and will not unduly burden public services.
(2)
Permitted accessory uses.
(4)
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use shall be less than that needed to meet the water quality standards of § 110-32B(4) whether or not the lot may be served by a centralized sewer treatment or collection system, pursuant to § 110-32B(2).
B.
Agricultural Commercial District.
[Added 9-4-1997 by Ord. No. 1997-8]
(1)
Permitted principal uses. Permitted used shall include those listed in § 110-124A(1) above for the Agricultural Production District.
(2)
Permitted accessory uses. Accessory uses shall include those listed in § 110-12A(2) above for the Agricultural Production District.
[Amended 4-3-1990 by Ord. No. 1990-1]
A.
The uses set forth in the remaining subsections of
this section are permitted in the Pinelands Villages, provided that:
(1)
Public service infrastructure necessary to support
the use is available, or can be provided without any development in
the Preservation Area, Special Agricultural Production Area, or Forest
Area.
(2)
The character and magnitude of the use is compatible
with existing structures and uses in the Village.
B.
Village Residential District permitted uses.
(1)
Single-family detached houses on lots of 2.5
acres, except that the minimum lot size for lots existing as of the
effective date of this chapter shall be one acre.
[1]
Editor's Note: This ordinance provided that
single-family detached houses may have a lot area of one acre for
a minimum lot size, but the density of the district with respect to
any subdivision shall remain at 2.25 acres.
(2)
Institutional uses limited to municipal buildings,
parks and playgrounds, churches, elementary, intermediate and secondary
schools, firehouses. Other institutional uses are available as a conditional
use in this area.
(3)
Signs subject to the limitations of this chapter.
C.
Village Residential District permitted accessory uses.
(1)
Private garages, carports and accessory buildings
less than 865 square feet in area for use with the main dwelling.
[Amended 7-14-2020 by Ord. No. 2020-6; 9-1-2020 by Ord. No. 2020-7]
(2)
Off-street parking facilities located no closer
than 10 feet to any lot line or principal building except in the case
of a common driveway.
(3)
Private residential swimming pools and greenhouses.
D.
Village Commercial District - Permitted Uses.
(1)
Single family detached houses on 2.25 acre lots,
except that the minimum lot size for lots existing as of the effective
date of this chapter shall be one acre.
[Amended 3-2-1993 by Ord. No. 1993-3; 9-4-1997 by Ord. No. 1997-8]
(2)
Institutional uses limited to municipal buildings,
parks and playgrounds, churches, elementary, intermediate and secondary
schools, firehouses. Other institutional uses are available as a conditional
use in this area.
(3)
Cemeteries.
(4)
Local retail activities including grocery stores,
meat markets, delicatessens, bakeries, drug stores, furniture stores,
sporting good shops, gift shops, hobby shops, bookstores, clothing
stores, shoe stores, hardware stores, packaged liquor stores, pet
shops, stationary stores, fabric stores, florists, garden marts, farm
markets, small appliance sales, repair facilities, agricultural commercial
establishments.
(5)
Local service activities including barber and
beauty shops, tailors, dry-cleaning and laundering operations, appliance
repair shops, shoe repair shops and upholsterers.
(6)
Restaurants, bars and taverns.
(7)
Banks, including drive-in facilities.
(8)
Offices and office buildings.
(9)
Agricultural processing facilities and other
light industrial uses.
(10)
Public service infrastructure.
(11)
Signs subject to the limitations of this chapter.
(12)
Limited breweries, restricted breweries (brewpubs), plenary
wineries, farm wineries, instructional winemaking facilities, plenary
distilleries and limited distilleries in accordance with the applicable
ABC laws regarding same.
[Added 11-7-2018 by Ord.
No. 2018-10]
E.
Village Commercial District permitted accessory uses.
(1)
Customary farm buildings for use in conjunction
with agricultural uses.
(2)
Accessory dwellings for domestic or household
employees or farm workers, provided that each such dwelling unit shall
comply in every respect to the statutes of the State of New Jersey
and the rules and regulations of the New Jersey State Board of Health
concerning farm labor housing.
(3)
Agricultural commercial establishments for the
sale of farm products grown or raised on the premises by the owner
or operator of the farm. There shall be a limit of one establishment
per farm. Such establishment shall be set back a minimum of 35 feet
from the street line.
(4)
Private garages, carports, and accessory buildings
less than 600 square feet in area for use with the main dwelling.
(5)
Off-street parking facilities located no closer
than 10 feet to any lot line or principal building except in the case
of a common driveway.
(6)
Private residential swimming pools and greenhouses.
(7)
Clubhouses with golf courses.
(8)
Section G uses where applicable.
F.
Village Industrial District permitted uses.
(1)
Offices.
(2)
Manufacturing plants of a type which carry on
processes within completely enclosed buildings including the manufacture,
assembly or treatment of products from previously prepared materials.
(3)
Wholesale distribution centers and warehouses.
(4)
All uses permitted in the Commercial District.
(5)
Signs subject to the limitations of this chapter
and the CMP.
(6)
Public service infrastructure.
G.
Village Industrial District permitted accessory uses.
(1)
Off-street parking.
(2)
Fences and walls.
(3)
Garages and storage buildings.
(4)
Temporary construction trailers and one sign
not exceeding 100 square feet, advertising the prime contractor, subcontractors,
architect, financing institution and similar data for the period of
construction beginning with the issuance of a building permit and
concluding with the issuance of a certificate of occupancy or one
year, whichever is less, provided that said trailers and sign are
on the site where construction is taking place.
H.
Village Industrial District general requirements.
(1)
Maximum building height. No building shall exceed
35 feet in height and 2 1/2 stories.
(3)
Any principal building may contain more than
one use and/or organization and any lot may contain more than one
principal structure.
(4)
No improved surface shall be closer to a property
line than 35 feet if the landscaped area is grass only. The landscaped
area may be reduced to 25 feet if it is sufficiently landscaped and/or
bermed. The Planning Board may reduce any of these landscaped areas
by 1/2 of that required upon a showing of either appropriately
dense landscape treatments such as plantings, fencing, or berming,
or upon a finding that because of the location of the property or
the uses surrounding same that the landscaped area is unnecessary
and inappropriate. A minimum landscaped area of 50 feet in width shall
be provided along any common property line with a residential district
or residential use.
(5)
All portions of the property not utilized by
buildings or paved surfaces shall be landscaped utilizing combinations
such as landscaped fencing, shrubbery, lawn area, ground cover, rock
formations, contours, existing foliage and the planting of conifers
and/or deciduous trees native to the area in order to either maintain
or reestablish the tone of the vegetation in the area and lessen the
visual impact of the structures and paved areas. The established grades
on any site shall be planned for both aesthetic and drainage purposes.
The grading plan, drainage facilities and landscaping shall be coordinated
to prevent erosion and silting as well as assuring that the capacity
of any natural or man-made drainage system is sufficient to handle
the water generated and anticipated both from the site and contributing
upstream areas.
(6)
No merchandise, products, waste, or similar
material or objects shall be displayed or stored outside.
(7)
All buildings shall be compatibly designed,
whether constructed all at one time or in stages over a period of
time. All building walls facing any street or residential district
line shall be suitably finished for aesthetic purposes which shall
not include unpainted or painted cinder block walls.
(8)
Minimum off-street parking.
(a)
The number of spaces shall be computed in accordance with § 110-97 of this chapter which deals with off-street parking and loading for commercial and industrial uses.
(b)
In addition, one space for every vehicle owned
and/or operated by the use operating from that site shall be provided.
(c)
In any event, each use shall provide a sufficient
number of spaces in appropriate locations so that no driveway, aisle,
fire lane or street right-of-way is used at any time for parking.
(9)
Minimum off-street loading.
(a)
Each activity shall provide for off-street loading
and unloading with adequate ingress and egress from streets and shall
provide such area at the side or rear of the building. Each space
shall be at least 15 feet by 40 feet, and one space shall be provided
for every 8,000 square feet of gross floor area or fraction thereof
in each building. There shall be no loading or unloading from the
street.
(b)
There shall be at least one trash and garbage
pickup location provided by each building which shall be separated
from the parking spaces by either a location within the building or
in a pickup location outside the building, which shall be a steel-like,
totally enclosed container located in a manner to be obscured from
view from parking areas, streets, and adjacent residential uses or
zoning districts by a fence, wall, planting or combination of the
three. If located within the building, the doorway may serve both
the loading and trash/garbage functions. If a container is used for
trash/garbage functions and is located outside the building, it may
be located adjacent to or within the general loading area(s), provided
that the container in no way interferes with or restricts loading
and unloading functions.
(c)
All off-street loading areas shall be lighted.
(10)
Signs. One lighted sign per use shall be permitted
not larger than the equivalent of 5% of the area of the front wall
of the building or 50 square feet, whichever is smaller. If attached
to the building, the sign shall not be higher than the roofline; if
freestanding, the sign shall not exceed six feet in height and shall
be set back from the right-of-way at least one foot.
I.
Conditional uses in either the Residential, Commercial,
or Industrial Districts of the Pinelands Village.
(1)
Home occupation, provided that it meets the
standards set forth in this chapter.
(2)
Hospitals or nursing homes; congregate care
facilities; residential care facilities.
(3)
Preschools and day-care centers.
(4)
Utility structures and facilities needed to
provide the direct service of gas, electricity, telephone, water and
sewerage, but not offices, garages, warehouses, maintenance areas
or similar commercially or industrially related operations of such
companies.
J.
Any municipal variance approval which grants relief from the density or lot area requirements set forth in § 110-129 or 110-125 for a residential or principal nonresidential use in the Village Residential, Village Commercial, Village Industrial, Village Commercial II or Village Professional Office Districts shall require that Pinelands development credits be used for all dwelling units or lots in excess of that permitted without the variance.
[Added 3-2-1993 by Ord. No. 1993-3; amended 6-4-1997 by Ord. No. 1997-5; 9-4-1997 by Ord. No. 1997-8]
K.
No residential dwelling unit or nonresidential use
shall be located on a parcel of less than one acre unless served by
a centralized wastewater treatment plant.
[Added 3-2-1993 by Ord. No. 1993-3]
L.
Pinelands Village Commercial District II permitted
uses, accessory uses and conditional uses.
[Added 9-4-1997 by Ord. No. 1997-8]
(1)
Permitted uses shall include those listed in § 110-124A(1) for the Agricultural Production District.
(2)
Accessory uses shall include those listed in § 110-124A(2) for the Agricultural Production District.
M.
Pinelands Village Professional Office District permitted
and conditional uses.
[Added 9-4-1997 by Ord. No. 1997-8]
(2)
Uses permitted with a conditional use permit.
(a)
Professional offices, not requiring occupancy
by a resident of the property. The conditions of the conditional use
are the design criteria set forth below. Design criteria for the conditional
use of a dwelling as a professional office shall meet the following
requirements:
[1]
Parking. All parking shall be in the front yard
with screened planting and mounds, a minimum of five feet in height
on both side property lines to screen parking from adjoining properties.
Parking shall be setback 50 feet from the right-of-way of Route 206.
[2]
Landscaping, lighting and signage shall follow the design criteria of the general conditions of the this chapter, Article VII, §§ 110-91, 110-97 and 110-99 et seq, except as the same are modified in this chapter for the Agricultural Commercial District and the Pinelands Village Commercial District II.
[3]
MOT sign. If a multiple occupancy and tenancy
sign is used in this district, it shall not exceed 64 square feet.
[4]
Setbacks. Setbacks of all buildings within this
district shall contain a front yard setback of 200 feet from the front
property line and side yard setback of 50 feet on each side.
A.
Permitted principal uses.
(1)
Residential dwellings and commercial uses on
lots existing as of January 14, 1981, of at least one acre in size
within an area designated by the municipality and this chapter.
(a)
The development must be on an existing subdivided
lot of record. Residential development of single-family homes on lots
of not less than one acre shall be permitted, provided that no new
subdivisions shall occur.
(b)
Commercial uses of a retail sales or service
nature, provided that no portion of a commercial structure proposed
for development will be located more than 300 feet, measured along
a line parallel to the roadway, from the closest part of a commercial
use that was in existence on the date of adoption of this chapter.
B.
Permitted accessory uses.
(1)
Agricultural commercial establishments. Such
establishments shall be set back a minimum of 35 feet from the street
line.
(2)
Private garages, carports and accessory buildings
less than 865 square feet in area for use with the main dwelling.
[Amended 7-14-2020 by Ord. No. 2020-6; 9-1-2020 by Ord. No. 2020-7]
(3)
Off-street parking facilities located no closer
than 10 feet to any lot line or principal building except in the case
of a common driveway.
(4)
Private residential swimming pools and greenhouses.
(5)
Berry agriculture and horticulture of native
plants and other agricultural activities compatible with the existing
soil and water conditions that support traditional Pinelands berry
agriculture.
(6)
Agricultural employee housing as an element
of, and accessory to, an active agricultural operation.
(7)
Pinelands development credits.
A.
Permitted principal uses.
(2)
Agricultural employee housing as an element
of an active agricultural or horticultural operation.
(3)
Berry agricultural and horticultural of native
plants and other agricultural activities compatible with the existing
soil and water conditions that support traditional Pinelands berry
agriculture.
(4)
Forestry.
(5)
Beekeeping.
(6)
Fish and wildlife management and wetlands management.
[Amended 12-18-2012 by Ord. No. 2012-09]
(7)
Low-intensity recreational uses, provided that:
(a)
The parcel proposed for low-intensity recreational
use has an area of at least 50 acres;
(b)
The recreational use does not involve the use
of motorized vehicles except for necessary transportation;
(c)
Access to bodies of water is limited to no more
than 15 linear feet of frontage, per 1,000 feet of water body frontage;
(d)
Clearing of vegetation, including ground cover
and soil disturbance, does not exceed 5% of the parcel; and
(e)
No more than 1% of the parcel will be covered
with impervious surfaces.
[Amended 12-18-2012 by Ord. No. 2012-09]
(8)
Public service infrastructure which is necessary to serve only the needs of the Preservation Area District uses. Centralized wastewater treatment and collection facilities shall be permitted to service the Preservation Area District only in accordance with § 110-32B(2).
[Amended 6-4-1997 by Ord. No. 1997-5]
(9)
Signs subject to the limitations of this chapter
and the CMP.
(10)
Pinelands development credits.
(11)
Expansion of intensive recreational uses, provided
that:
[Amended 6-4-1997 by Ord. No. 1997-5]
(a)
The intensive recreational use was in existence
on February 7, 1979, and the capacity of the use will not exceed two
times the capacity of the use on February 7, 1979;
(b)
The use is necessary to achieve recreational
use of a particular element of the existing Pinelands environment;
and
(c)
The use is environmentally and aesthetically
compatible with the character of the Preservation Area District and
the characteristics of the particular basin in which the use is to
be located, taking into consideration the proportion of cleared and
developed land, ambient water quality, ecologically sensitive areas
and unique resources, and will not unduly burden public services.
B.
Permitted accessory uses.
(1)
Customary farm buildings for use in conjunction
with agricultural uses.
(2)
Agricultural employee housing as an element
of the and accessory to an active agricultural operation.
(3)
Agricultural commercial establishments for the
sale of farm products. There shall be a limit of one establishment
per farm. Such establishments shall be set back a minimum of 35 feet
from the street line.
(4)
Private garages, carports and accessory buildings
less than 865 square feet in area for use with the main dwelling.
[Amended 7-14-2020 by Ord. No. 2020-6; 9-1-2020 by Ord. No. 2020-7]
(5)
Private residential swimming pools and greenhouses.
(6)
Fences.
D.
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use within the Preservation Area District shall be less than that needed to meet the water quality standards of § 110-32B(4), whether or not the lot may be served by a centralized sewer treatment or collection system, pursuant to § 110-32B(2).
A.
Permitted principal uses.
(2)
Agricultural employee housing as an element
of an active agricultural or horticultural operation.
(3)
Berry agriculture and horticulture of native
plants and other agricultural activities compatible with the existing
soil and water conditions that support traditional Pineland berry
agriculture.
(4)
Beekeeping.
(5)
Forestry.
(6)
Fish and wildlife management and wetlands management.
[Amended 12-18-2012 by Ord. No. 2012-09]
(7)
Public service infrastructure which is necessary to serve only the needs of uses in the Special Agricultural Production District. Centralized wastewater treatment and collection facilities shall be permitted to service the Special Agricultural Production District only in accordance with § 110-32B(2).
[Amended 6-4-1997 by Ord. No. 1997-5]
(8)
Signs.
(9)
Pinelands development credits.
(10)
Residential dwelling units, provided that:
(a)
The dwelling is accessory to an active agricultural
operation;
(b)
The dwelling is for an operator or employee
of the farm who is actively engaged in and essential to the agricultural
operation;
(c)
The dwelling is to be located on a parcel of
land of at least 40 acres in size which is under or qualified for
agricultural assessment; and
(d)
The dwelling is to be located an a property
which has an active production history or where a farm management
plan has been prepared which demonstrates that the property will be
farmed as a unit unto itself or as part of another farm operation
in the area.
D.
Notwithstanding the minimum lot areas set forth above, no such minimum lot area for a nonresidential use within the Special Agricultural Production Area shall be less than that needed to meet the water quality standards of § 110-32B(4), whether or not the lot may be served by a centralized sewer treatment or collection system, pursuant to § 110-32B(2).
[Added 6-1-2021 by Ord.
No. 2021-6]
A.
Purpose. The purpose of this section is to regulate cannabis use
classifications within specific areas within the Township and to otherwise
prohibit or opt out of all other cannabis uses in all other areas
within the Township. The Township anticipates that it may further
expand the areas where cannabis uses are permitted in the future,
as more becomes known regarding cannabis use and state regulations
on same. The Township is interested and will review the potential
for micro-grow operations and small farm uses with the potential to
opt in as to those uses at a future date.
B.
As established by state statute, the recognized classes of cannabis
uses are:
(1)
Class 1 cannabis cultivator license, for facilities involved
in growing and cultivating cannabis;
(2)
Class 2 cannabis manufacturer license, for facilities involved
in the manufacturing, preparation, and packaging of cannabis items;
(3)
Class 3 cannabis wholesaler license, for facilities involved
in obtaining and selling cannabis items for later resale by other
licensees;
(4)
Class 4 cannabis distributer license, for businesses involved
in transporting cannabis plants in bulk from one licensed cultivator
to another licensed cultivator, or cannabis items in bulk from any
type of licensed cannabis business to another;
(5)
Class 5 cannabis retailer license for locations at which cannabis
items and related supplies are sold to consumers; and
(6)
Class 6 cannabis delivery license, for businesses providing
courier services for consumer purchases that are fulfilled by a licensed
cannabis retailer in order to make deliveries of the purchases items
to a consumer, and which service would include the ability of a consumer
to make a purchase directly through the cannabis delivery service
which would be presented by the delivery service for fulfillment by
a retailer and then delivered to a consumer.
C.
General prohibition and exceptions. Pursuant to Section 31b of the
New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act (P.L. 2021, c. 16), all cannabis establishments,
cannabis distributors or cannabis delivery services, except as otherwise
specifically permitted below, are hereby prohibited from operating
anywhere in the Township. This prohibition shall not extend to Class
6, the delivery of cannabis items and related supplies, as state law
requires this class of use to be permitted in all zones of all municipalities.
D.
Route 206 Redevelopment Area. Classes 1 through 5 shall be conditionally
permitted uses within the Route 206 Redevelopment Area as established
by designation dated January 5, 2015, as reflected on the Route 206
Area Cannabis Ordinance Zone Mapping, dated April 12, 2023, prepared
by Taylor Design Group and attached hereto, except that Class 3 and
Class 4 establishments shall not be permitted on Block 22, Lot 10.01.[1]
[Amended 5-10-2022 by Ord. No. 2022-6; 6-13-2023 by Ord. No. 2023-6]
[1]
Editor's Note: The Cannabis Ordinance Zone Maps is included as an attachment to this chapter.
E.
Industrial Park Redevelopment Area. Classes 1 through 4 shall be
conditionally permitted uses within the Industrial Park Redevelopment
Area as established by designation dated January 5, 2015, and as reflected
on the Industrial Park Area Cannabis Ordinance Zone Mapping, dated
February 26, 2022, prepared by Taylor Design Group and attached hereto.[2]
[Amended 5-10-2022 by Ord. No. 2022-6]
[2]
Editor's Note: The Cannabis Ordinance Zone Maps is included as an attachment to this chapter.
F.
Murphy's Pit Rehabilitation Area. Classes 1 through 4 shall be conditionally
permitted uses within the Murphy's Pit Rehabilitation Area as established
by designation dated April 4, 2020, except that the rear portion of
Block 10, Lot 24.01 located within the Forest Area Zoning District
is excluded, as reflected on the Murphy's Pit Rehabilitation Area
Cannabis Ordinance Zone Mapping, dated February 26, 2022, prepared
by Taylor Design Group and attached hereto.[3]
[Amended 5-10-2022 by Ord. No. 2022-6]
[3]
Editor's Note: The Cannabis Ordinance Zone Maps is included as an attachment to this chapter.
G.
Agricultural zones (reserved). The Township is, at this time, not
creating any class of specifically permitted cannabis use in the agricultural
zones but intends to do so, particularly for microgrowers; however,
because the state regulations have not been adopted, the Township
is opting out with regard to these zones at this time, but reserving
out this section to show its intent to take action on this zoning
in the future. Due to the infancy of the cannabis legalization within
the state, the Township cannot responsibly act on this issue at this
time. It is the Township's intent to revisit this and create conditionally
permitted uses in agricultural zones when the state regulations are
promulgated and the planning implications can be further studied.
H.
Conditional use - conditions established. The conditional uses for
any conditional use permitted in this § 128.5 shall be as
follows:
(1)
Security.
(a)
To the extent not already required by the entity's state license,
all sites must be equipped with security cameras covering all exterior
parking and loading areas, points of entry, and interior spaces which
are either open to the public or used for the storage or processing
of marijuana products. Footage must be maintained for the duration
required under state law or 30 days, whichever is greater. All licensed
facilities must provide the Township and/or State Police with access
to security footage immediately upon request by the Department.
(b)
To the extent not already required by the entity's state license,
all sites must provide at least one security guard (or more if required
by the state) during all times the facility is open to the public.
At a minimum, the security guard shall be a state-certified security
officer whose certification is in good standing.
(2)
Hours of operation. Hours of operation for Classes 1 through
4 shall be 24 hours per day, except that truck traffic to and from
the site shall be restricted to the hours of 7:00 a.m. to 7:00 p.m.,
Monday through Friday. Class 5, retail sales, shall be restricted
to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday, and
9:00 a.m. to 5:00 p.m., Saturday and Sunday.
(3)
Setbacks. If fronting on the state highway, ingress and egress
to and from the site shall be solely from the state highway. The front
yard setback to the state highway shall be a minimum of 100 feet.
All other setbacks shall be governed by the commercial setback standards
set forth in the current zoning provisions.
(4)
Odor control. For any and all classes of operation, the facility
shall provide an air treatment system with sufficient odor absorbing
ventilation and exhaust systems such that any odors generated inside
the facility are not detectable by a person of reasonable sensitivity
anywhere on adjacent property, within public rights-of-way, or within
any other unit located within the same building as the licensed facility
if the use only occupies a portion of a building.
(5)
Noise control. For any Class 1 through 4 facility, the facility
shall provide for noise mitigation features designed to minimize disturbance
from machinery, processing and/or packaging operations, loading, and
other noise-generating equipment or machinery. All licensed facilities
must operate within applicable state decibel limitations.
(6)
Lighting. For any licensed cultivation operation, the facility
must mitigate lighting spillover into any residential neighborhoods
and must comply with all applicable state lighting limitations. Lighting
shall have a zero footcandle at all property lines.
(7)
Signage. Signage may contain the name of the entity only, and
no signage reflecting cannabis leafs or other symbols will be permitted.
The word "cannabis" may be used, but not "marijuana," "pot" or any
other common terms for cannabis. No advertising signs shall be permitted.
No display of pricing shall be permitted.
(8)
Class 5 - accessory use only. A Class 5 retail operation may
only be established as an accessory use to a principal use established
under Classes 1 through 4, and such retail operation shall occupy
no more than 20% of the footprint of the building and shall be no
greater than 2,500 square feet.
(9)
Unless otherwise modified by the provisions of this section, the
minimum standards of the underlying zoning district shall continue
to apply to the uses permitted in the Cannabis Overlay Zone.
[Added 5-10-2022 by Ord. No. 2022-6]
(10)
Any Class 1 or Class 2 cannabis facility located on Block 22, Lot 10.01, shall be permitted only to the extent that cultivation and/or manufacturing activities are consistent with the definitions of "agricultural or horticultural purpose or use" and/or "agricultural products processing facility" contained in § 110-4 of this chapter.
[Added 6-13-2023 by Ord.
No. 2023-6]
A.
Residential uses.
(1)
The Residential Schedule of Limitations applies wherever residences are found in whatever district they may be located, unless these bulk and area requirements are modified by § 110-33. Where a specific minimum lot area for a use is presented in the regulations applicable to the individual zoning districts, only the bulk standards of this section shall apply to the use. The minimum lot size for development with a conventional septic system shall be 3.2 acres. Any lot size which is less than 3.2 acres shall be developed in accordance with § 110-32, or be clustered per § 110-110.4.
[Amended 10-10-1989 by Ord. No. 1989-14; 12-18-2012 by Ord. No. 2012-09]
(2)
The Schedule of Limitations sets forth the minimum lot size for the area, the minimum lot frontage, the minimum lot width and depth, and the setbacks. In addition thereto, density requirements for each tract sought to be developed must be adhered to. The density requirements are set forth in § 110-120A(1) for the Regional Growth Area, § 110-110.4 for the Rural Development and Forest Areas and § 110-124A(1)(c) and (d) for the Agricultural Production Area.
[Amended 12-7-1999 by Ord. No. 1999-8; 12-18-2012 by Ord. No. 2012-09]
(3)
Lot sizes.
(a)
Single-family dwellings.
[Amended 12-7-1999 by Ord. No. 1999-8]
[1]
Minimum.
[a]
Lot acres: one acre.
[b]
Lot frontage: 150 feet except that on curved alignments, with an outside radius of less than 500 feet, the minimum distance between the side lot lines measured at the street lines shall not be less than 75% of the required minimum lot frontage. In the case of a corner lot, both frontage and setback are governed by Subsection A(3)(b) below.
[c]
Lot width: 150 feet.
[d]
Lot depth: 200 feet.
[e]
Each side: 30 feet.
[f]
Rear: 50 feet.
[g]
Front: 50 feet.
[2]
The minimum yard requirements shall be the minimum required setbacks as setback lines are defined in § 110-4 above.
[3]
Flag or panhandle lots shall be prohibited.
(b)
Buildings on corner lots shall have minimum
setback from both street right-of-way lines equal to the required
front yard, shall have frontage no less than 200 feet on any street
and meet all of the other requirements for corner lots as found in
the definitions section for corner lots as set forth in this chapter.
(c)
Minimum accessory building limitations and setbacks.
[Amended 7-14-2020 by Ord. No. 2020-6]
[1]
Any accessory building attached to a principal building is part of
the principal building and shall adhere to the yard requirements for
the principal building. No building permit shall be issued for an
accessory building prior to the issuance of a building permit for
the principal building. Construction of the principal building shall
precede or coincide with the construction of the accessory building,
otherwise the building permit for the accessory building may be revoked.
The accessory building shall be compatible in appearance with the
area in which it is located.
[2]
The proposed height of any accessory structure shall be no greater
than 75% of the principal structure, unless otherwise restricted within
the current code. No accessory building shall be located closer to
the front property line than the rear building line of the principal
building and no closer to any side or rear property line than the
height of said accessory building or 15 feet, whichever is greater.
[Amended 9-1-2020 by Ord. No. 2020-7]
[3]
In residential districts, garages and carports for not more than
three vehicles, may be constructed on a lot. Not more than one commercial
registered vehicle owned or used by the resident shall be permitted
in a residential zone. This provision shall not be deemed to limit
the number of commercial cars or trucks used in conjunction with a
permitted agricultural use. A residential garage shall not be used
for commercial purposes.
B.
C.
Pinelands Village District.
(1)
Maximum building height. No building shall exceed
35 feet in height and 2 1/2 stories.
(2)
(3)
Village Commercial District.
(a)
Principal building.
[1]
Minimum.
[a]
Lot area: one acre.
[b]
Lot frontage: 125 feet.
[c]
Lot width: 125 feet.
[d]
Lot depth: 150 feet.
[e]
Side yard: In order to encourage
an end product which provides parking access and architectural continuity
even where development occurs piecemeal and with diverse ownership,
buildings may be attached. Attached buildings may include two walls
which must be keyed to each side. Where buildings are built to both
side lot lines, the site plan shall be accompanied by appropriate
legal material and plans showing properly located loading spaces and
trash receptacles with permitted access across adjacent properties.
If structures are not attached, the side yard(s) shall be 20 feet.
[f]
Front yard: 60 feet.
[g]
Rear yard: 25 feet.
D.
Nonresidential uses in the Rural Development Area.
(1)
Maximum building height. No building shall exceed
35 feet in height and/or 2 1/2 stories.
(2)
Area and yard requirements.
(a)
Principal building.
[1]
Minimum.
[a]
Lot area: one acre.
[b]
Lot frontage: 125 feet.
[c]
Lot width: 125 feet.
[d]
Lot depth: 150 feet.
[e]
Side yard: In order to encourage
an end product which provides parking access and architectural continuity
even where development occurs piecemeal and with diverse ownership,
buildings may be attached. Attached buildings may include two walls
which must be keyed to each other. Where buildings are built to both
side lot lines, the site plan shall be accompanied by appropriate
legal material and plans showing properly located loading spaces and
trash receptacles with permitted access across adjacent properties.
If structures are not attached, the side yard(s) shall be 20 feet.
[f]
Front yard: 60 feet.
[g]
Rear yard: 25 feet.
[Added 3-7-2006 by Ord. No. 2006-02-04; amended 11-2-2006 by Ord. No. 2006-10-01; 11-8-2007 by Ord. No. 2007-012; 3-7-2023 by Ord. No. 2023-4]
A.
Scope and purpose.
(1)
Policy statement. Flood control, groundwater recharge, erosion
control and pollutant reduction shall be achieved using stormwater
management measures, including green infrastructure best management
practices (BMPs) and nonstructural stormwater management strategies.
Green infrastructure BMPs and low impact development 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. Green infrastructure BMPs and low
impact development 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 contained in this section.
(2)
Purpose. The purpose of this section is to establish, within
the Pinelands Area portion of Shamong Township, minimum stormwater
management requirements and controls as authorized by the Pinelands
Protection Act (N.J.S.A. 13:18A-1 et seq.) and consistent with the
Pinelands Comprehensive Management Plan (CMP) (N.J.A.C. 7:50-1.1 et
seq.) and the New Jersey Department of Environmental Protection (NJDEP)
Stormwater Management Regulations (N.J.A.C. 7:8-1.1 et seq.). The
standards in this section are intended to minimize the adverse impact
of stormwater runoff on water quality and water quantity, to facilitate
groundwater recharge, and to control and minimize soil erosion, stream
channel erosion, sedimentation and pollution associated with stormwater
runoff. Moreover, Pinelands Area resources are to be protected in
accordance with the antidegradation policies contained in the New
Jersey Surface Water Quality Standards (N.J.A.C. 7:9B-1.1 et seq.).
Additionally, this section is intended to ensure the adequacy of existing
and proposed culverts and bridges and to protect public safety through
the proper design and operation of stormwater BMPs. If there are any
conflicts between a provision required by the Pinelands CMP and a
provision required by the NJDEP, the Pinelands CMP provision shall
apply.
(3)
Applicability.
(a)
The terms "development," "major development" and "minor development" are defined in § 110-130B in accordance with the Pinelands CMP (N.J.A.C. 7:50-2.11) and differ from the definitions of "development" and "major development" contained in the NJDEP Stormwater Management Regulations (N.J.A.C. 7:8-1.2).
(b)
This section shall apply within the Pinelands Area to all major
development, and to minor development meeting the following criteria:
[1]
Development involving the construction of four or fewer dwelling
units;
[2]
Development involving any nonresidential use and resulting in
an increase of greater than 1,000 square feet of regulated motor vehicle
surfaces; and
[3]
Development involving the grading, clearing, or disturbance
of an area in excess of 5,000 square feet within any five-year period.
For development meeting this criterion, the stormwater management
standards for major development set forth in this section shall apply.
(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.
(c)
In the event that a regional stormwater management plan(s) is
prepared and formally adopted pursuant to N.J.A.C. 7:8-1.1 et seq.,
for any drainage area(s) or watershed(s) of which Shamong Township
is a part, the stormwater provisions of such a plan(s) shall be adopted
by Shamong Township within one year of the adoption of a regional
stormwater management plan (RSWMP) as an amendment to an areawide
water quality management plan. Local ordinances proposed to implement
the RSWMP shall be submitted to the Pinelands Commission for certification
within six months of the adoption of the RSWMP per N.J.A.C. 7:8 and
the Pinelands CMP.
B.
COMPACTION
CONTRIBUTORY DRAINAGE AREA
COUNTY REVIEW AGENCY
DESIGN ENGINEER
DEVELOPMENT
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(2)
DISTURBANCE
DRAINAGE AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HIGH POLLUTANT LOADING AREAS
HUC-11 or HYDROLOGIC UNIT CODE 11
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
MAJOR DEVELOPMENT
MINOR DEVELOPMENT
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NUTRIENT
PERMEABILITY
PERSON
POLLUTANT
RECHARGE
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
SEASONAL HIGH WATER TABLE
SEDIMENT
SITE
SOIL
SOURCE MATERIAL
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER RUNOFF
WATERS OF THE STATE
WETLAND TRANSITION AREA
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 section 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 NJDEP Stormwater Management
Rules at N.J.A.C. 7:8-1.2 unless otherwise defined in the Pinelands
CMP at N.J.A.C. 7:50-2.11 in which case the definition corresponds
to the CMP definition.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
An agency designated by the County Commissioners to review
municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
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.
The change of or enlargement of any use or disturbance of any
land, the performance of any building or mining operation, the division
of land into two or more parcels, and the creation or termination
of rights of access or riparian rights including, but not limited
to:
A change in type of use of a structure or land;
A reconstruction, alteration of the size, or material change
in the external appearance of a structure or land;
A material increase in the intensity of use of land, such as
an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land;
Commencement of resource extraction or drilling or excavation
on a parcel of land;
Demolition of a structure or removal of trees;
Commencement of forestry activities;
Deposit of refuse, solid or liquid waste or fill on a parcel
of land;
In connection with the use of land, the making of any material
change in noise levels, thermal conditions, or emissions of waste
material; and
Alteration, either physically or chemically, of a shore, bank,
or floodplain, seacoast, river, stream, lake, pond, wetlands or artificial
body of water.
In the case of development on agricultural land (i.e., lands
use for an agricultural use or purpose as defined at N.J.A.C. 7:50-2.11),
"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 runoff, sediments,
or dissolved materials drain to a particular receiving waterbody or
to a particular point along a receiving waterbody.
An area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the NJDEP Landscape Project
as approved by the NJDEP 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:
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 NJDEP 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.
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by an eleven-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
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.
Any surface that has been compacted or covered with a layer
of material so that it prevents, impedes or slows infiltration or
absorption of fluid, including stormwater directly into the ground,
and results in either reduced groundwater recharge or increased stormwater
runoff sufficient to be classified as impervious in Urban Areas by
the United States Department of Agriculture, Natural Resources Conservation
Service Title 210 - Engineering, 210-3-1 - Small Watershed Hydrology
(WINTR-55) Version 1.0, incorporated herein by reference, as amended
and supplemented, available with user guide and tutorials at http://www.wsi.nrcs.usda.gov/products/W2Q/H&H/Tools_Models/WinTr55.html
or at Natural Resources Conservation Service, 220 Davidson Avenue,
Somerset, NJ 08873. Such surfaces may have varying degrees of permeability.
The process by which water seeps into the soil from precipitation.
Any division of land into five or more lots; any construction
or expansion of any housing development of five or more dwelling units;
any construction or expansion of any commercial or industrial use
or structure on a site of more than three acres; or any grading, clearing
or disturbance of an area in excess of 5,000 square feet.
All development other than 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.
The manual maintained by the NJDEP providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the NJDEP as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the NJDEP 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 NJDEP's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with § 110-130C(6) 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 section.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
The rate at which water moves through a unit area of soil,
rock, or other material at hydraulic gradient of one.
An individual, corporation, public agency, business trust,
partnership, association, two or more persons having a joint or common
interest, or any other legal entity.
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 in motor vehicle surface; and/or
The total 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, where the water quality treatment will be modified or removed.
The level below the natural surface of the ground to which
water seasonally rises in the soil in most years.
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 development is to occur or has
occurred.
All unconsolidated mineral and organic material of any origin.
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.
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 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.
An area within 300 feet of any wetland.
Lands which are inundated or saturated by water at a magnitude,
duration and frequency sufficient to support the growth of hydrophytes.
Wetlands include lands with poorly drained or very poorly drained
soils as designated by the National Cooperative Soils Survey of the
Soil Conservation Service of the United States Department of Agriculture.
Wetlands include coastal wetlands and inland wetlands, including submerged
lands. The "New Jersey Pinelands Commission Manual for Identifying
and Delineating Pinelands Area Wetlands — a Pinelands Supplement
to the Federal Manual for Identifying and Delineating Jurisdictional
Wetlands," dated January 1991, as amended, may be utilized in delineating
the extent of wetlands based on the definitions of wetlands and wetlands
soils contained in N.J.A.C. 7:50-2.11, 7:50-6.3, 7:50-6.4 and 7:50-6.5.
C.
Stormwater management requirements.
(1)
Stormwater management measures for development regulated under
this section shall be designed to provide erosion control, groundwater
recharge, stormwater runoff quantity control and stormwater runoff
quality treatment in accordance with this section.
(a)
Major development shall meet the minimum design and performance
standards for erosion control 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 and 16:25A.
(b)
All development regulated under this section shall meet the minimum design and performance standards for groundwater recharge, stormwater runoff quality, and stormwater runoff quantity at § 110-130C(15), (16), and (17) by incorporating green infrastructure as provided at § 110-130C(14).
(2)
All development regulated under this section shall incorporate a maintenance plan for the stormwater management measures in accordance with § 110-130I.
(3)
Stormwater management measures shall avoid adverse impacts of
concentrated flow on habitat for threatened and endangered species
in accordance with N.J.A.C. 7:8-5.2(c) and N.J.A.C. 7:50-6.27 and
6.33.
(4)
Tables 1, 2, and 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater BMP Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 110-130C(14), (15), (16), and (17). When designed in accordance with the most current version of the New Jersey Stormwater BMP Manual and this section, the stormwater management measures found 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 BMP Manual 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 NJDEP 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 NJDEP website at: https://njstormwater.org/bmp_manual2.htm.
(5)
Where the BMP tables at N.J.A.C. 7:8-5.2(f) differ with Tables 1, 2 and 3 below due to amendment, the BMP Tables at N.J.A.C. 7:8-5.2(f) shall take precedence, except that in all cases the lowest point of infiltration must maintain a minimum separation of two feet to seasonal high water table as required by § 110-130C(8)(b), unless otherwise noted.
|
Table 1: Green Infrastructure BMPs for Groundwater Recharge,
Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a), (g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
2(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(a)
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60 to 80
|
No
|
No
|
—
|
|
Table 2: Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality with
a Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90
|
Yes
|
No
|
2(i)
|
|
Wet pond(d)
|
50 to 90
|
Yes
|
No
|
2(i)
|
|
Table 3: BMPs for Groundwater Recharge, Stormwater Runoff Quality,
and/or Stormwater Runoff Quantity only with a Variance from N.J.A.C.
7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40-60
|
Yes
|
No
|
2
|
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80
|
Yes
|
No
|
2
|
|
Subsurface gravel wetland
|
90
|
No
|
No
|
2
|
|
Wet pond
|
50 to 90
|
Yes
|
No
|
2(i)
|
|
Footnotes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 110-130C(14)(b).
|
|
(b)
|
Designed to infiltrate into the subsoil.
|
|
(c)
|
Designed with underdrains, where stormwater percolates into
the underdrain through the soils and is not directed to the underdrain
by an outlet control structure.
|
|
(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 § 110-130B.
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at § 110-130B.
|
|
(i)
|
The top elevation of the impermeable layer or liner must maintain
this two-foot minimum separation to the seasonal high water table.
|
(6)
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 NJDEP and the Pinelands Commission in accordance with § 110-130E(2). Alternative stormwater management measures may be used to satisfy the requirements at § 110-130C(14) only if the measures meet the definition of green infrastructure at § 110-130B. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 110-130C(14)(b) are subject to the contributory drainage area limitation specified at § 110-130C(14)(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 § 110-130C(14)(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 § 110-130J is granted from § 110-130C(14).
(7)
Hydraulic impacts.
(a)
For all major development, groundwater mounding analysis shall
be required for purposes of assessing the hydraulic impacts of mounding
of the water table resulting from infiltration of stormwater runoff
from the maximum storm designed for infiltration. The mounding analysis
shall provide details and supporting documentation on the methodology
used. Groundwater mounds shall not cause stormwater or groundwater
to breakout to the land surface or cause adverse impacts to adjacent
water bodies, wetlands, or subsurface structures, including, but not
limited to, basements and septic systems. Where the mounding analysis
identifies adverse impacts, the stormwater management measure shall
be redesigned or relocated, as appropriate.
(b)
For all applicable minor development, a design engineer's
certification that each green infrastructure stormwater management
measure will not adversely impact basements or septic systems of the
proposed development shall be required.
(8)
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; wetland transition areas;
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 designed to infiltrate stormwater
shall be designed, constructed, and maintained to provide a minimum
separation of at least two feet between the elevation of the lowest
point of infiltration and the seasonal high water table;
(c)
Stormwater management measures designed to infiltrate stormwater
shall be sited in suitable soils verified by testing to have permeability
rates between one and 20 inches per hour. A factor of safety of two
shall be applied to the soil's permeability rate in determining
the infiltration measure's design permeability rate. If such
soils do not exist on the parcel proposed for development or if it
is demonstrated that it is not practical for engineering, environmental,
or safety reasons to site the stormwater infiltration measure(s) in
such soils, the stormwater infiltration measure(s) may be sited in
soils verified by testing to have permeability rates in excess of
20 inches per hour, provided that stormwater is routed through a bioretention
system prior to infiltration. Said bioretention system shall be designed,
installed, and maintained in accordance with the New Jersey Stormwater
BMP Manual;
(d)
The use of stormwater management measures that are smaller in
size and distributed spatially throughout a parcel, rather than the
use of a single, larger stormwater management measure shall be required;
(e)
Methods of treating stormwater prior to entering any stormwater
management measure shall be incorporated into the design of the stormwater
management measure to the maximum extent practical;
(f)
To avoid sedimentation that may result in clogging and reduction
of infiltration capability and to maintain maximum soil infiltration
capacity, the construction of stormwater management measures that
rely upon infiltration shall be managed in accordance with the following
standards:
[1]
No stormwater management measure shall be placed into operation
until its drainage area has been completely stabilized. Instead, upstream
runoff shall be diverted around the measure and into separate, temporary
stormwater management facilities and sediment basins. Such temporary
facilities and basins shall be installed and utilized for stormwater
management and sediment control until stabilization is achieved in
accordance with N.J.A.C. 2:90;
[2]
If, for engineering, environmental, or safety reasons, temporary stormwater management facilities and sediment basins cannot be constructed on the parcel in accordance with Subsection C(8)(f)[1] above, the stormwater management measure may be placed into operation prior to the complete stabilization of its drainage area provided that the measure's bottom during this period is constructed at a depth at least two feet higher than its final design elevation. When the drainage area has been completely stabilized, all accumulated sediment shall be removed from the stormwater management measure, which shall then be excavated to its final design elevation; and
[3]
To avoid compacting the soils below a stormwater management
measure designed to infiltrate stormwater, no heavy equipment, such
as backhoes, dump trucks, or bulldozers shall be permitted to operate
within the footprint of the stormwater management measure. All excavation
required to construct a stormwater management measure that relies
on infiltration shall be performed by equipment placed outside the
footprint of the stormwater management measure. If this is not possible,
the soils within the excavated area shall be renovated and tilled
after construction is completed. Earthwork associated with stormwater
management measure construction, including excavation, grading, cutting,
or filling, shall not be performed when soil moisture content is above
the lower plastic limit;
(g)
Dry wells shall be designed to prevent access by amphibian and
reptiles;
(h)
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 established at § 110-130C(16)(d). 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 § 110-130G(3)(a);
(i)
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;
(j)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 110-130G; and
(k)
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.
(9)
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 NJDEP. Manufactured treatment devices that do not meet the definition of green infrastructure at § 110-130B may be used only under the circumstances described at § 110-130C(14)(d).
(10)
Any application for a new agricultural development that meets the definition of major development at N.J.A.C. 7:8-1.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 110-130C(14), (15), (16), and (17) 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.
(11)
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 110-130C(15), (16), and (17) 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.
(12)
Any stormwater management measure authorized under the municipal stormwater management plan or this section shall be reflected in a deed notice recorded in the Burlington County Clerk's Office. 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 § 110-130C(14), (15), (16), and (17) 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 § 110-130I(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.
(13)
A stormwater management measure approved under the municipal stormwater management plan or this section 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 contained in § 110-130C(15), (16), and (17) 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 Burlington County Clerk's Office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection C(12) 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 C(12) above.
(14)
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 of this section.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at § 110-130C(15) and (16), the design engineer shall utilize BMPs identified in
Table 1 at § 110-130C(5) and/or an alternative stormwater management measure approved in accordance with § 110-130C(6). 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 system
|
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 § 110-130C(17), the design engineer shall utilize BMPs identified in Table 1 or 2 at § 110-130C(5) and/or an alternative stormwater management measure approved in accordance with § 110-130C(6).
(d)
If a variance in accordance with § 110-130J is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3 at § 110-130C(5) and/or an alternative stormwater management measure approved in accordance with § 110-130C(6) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 110-130C(15), (16), and (17).
(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 § 110-130C(15), (16), and (17).
(15)
Groundwater recharge standards. This subsection contains the
minimum design and performance standards for groundwater recharge
as follows:
(a)
For all major development, the total runoff volume generated
from the net increase in impervious surfaces by a ten-year, twenty-four-hour
storm shall be retained and infiltrated on-site.
(b)
For minor development that involves the construction of four
or fewer dwelling units, the runoff generated from the total roof
area of the dwelling(s) by a ten-year, twenty-four-hour storm shall
be retained and infiltrated through installation of one or more green
infrastructure stormwater management measures designed in accordance
with the New Jersey Stormwater BMP Manual. Appropriate green infrastructure
stormwater management measures include, but are not limited to dry
wells, pervious pavement systems, and small scale bioretention systems,
including rain gardens.
(c)
For minor development that involves any nonresidential use and
will result in an increase of greater than 1,000 square feet of regulated
motor vehicle surfaces, the water quality design storm volume generated
from these surfaces shall be recharged onsite.
(d)
Stormwater from areas of high pollutant loading and/or industrial stormwater exposed to source material shall only be recharged in accordance with § 110-130C(16)(h).
(16)
Stormwater runoff quality standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of:
[1]
Major development;
[2]
Minor development that involves any nonresidential
use and will result in an increase of greater than 1,000 square feet
of regulated motor vehicle surfaces; and
[3]
Any development involving the grading, clearing,
or disturbance of an area in excess of 5,000 square feet within any
five-year period.
(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 established at § 110-130C(16)(d) 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 C(16)(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
|
0.0083
|
45
|
0.2
|
85
|
1.117
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.235
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.0166
|
50
|
0.2583
|
90
|
1.15
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.155
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.16
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.165
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.17
|
|
15
|
0.025
|
55
|
0.3583
|
95
|
1.175
|
|
16
|
0.03
|
56
|
0.4116
|
96
|
1.18
|
|
17
|
0.035
|
57
|
0.465
|
97
|
1.185
|
|
18
|
0.04
|
58
|
0.5183
|
98
|
1.19
|
|
19
|
0.045
|
59
|
0.5717
|
99
|
1.195
|
|
20
|
0.05
|
60
|
0.625
|
100
|
1.2
|
|
21
|
0.055
|
61
|
0.6783
|
101
|
1.205
|
|
22
|
0.06
|
62
|
0.7317
|
102
|
1.21
|
|
23
|
0.065
|
63
|
0.785
|
103
|
1.215
|
|
24
|
0.07
|
64
|
0.8384
|
104
|
1.22
|
|
25
|
0.075
|
65
|
0.8917
|
105
|
1.225
|
|
26
|
0.08
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.085
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09
|
68
|
0.9517
|
108
|
1.23
|
|
29
|
0.095
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.1
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.1066
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.1132
|
72
|
1.015
|
112
|
1.2367
|
|
33
|
0.1198
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.1264
|
74
|
1.0383
|
114
|
1.24
|
|
35
|
0.133
|
75
|
1.05
|
115
|
1.2417
|
|
36
|
0.1396
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.1462
|
77
|
1.0636
|
117
|
1.245
|
|
38
|
0.1528
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.1594
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.166
|
80
|
1.084
|
120
|
1.25
|
(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 established at § 110-130C(16)(d). 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 § 110-130C(15), (16), and (17).
(g)
For all major development, stormwater management measures shall be designed to achieve a minimum of 65% reduction of the post-construction total nitrogen load from the developed site, including those permanent lawn or turf areas that are specifically intended for active human use as described at N.J.A.C. 7:50-6.24(c)3, in stormwater runoff generated from the water quality design storm established at § 110-130C(16)(d). In achieving a minimum 65% reduction of total nitrogen, the design of the site shall include green infrastructure in accordance with the New Jersey Stormwater BMP Manual and shall optimize nutrient removal. The minimum 65% total nitrogen reduction may be achieved by using a singular stormwater management measure or multiple stormwater management measures in series.
(h)
In high pollutant loading areas (HPLAs) and/or areas where stormwater runoff is exposed to source material, as defined in § 110-130B, the following additional water quality standards shall apply:
[1]
The areal extent and amount of precipitation falling
directly on or flowing over HPLAs and/or areas where stormwater is
exposed to source material shall be minimized through the use of roof
covers, canopies, curbing or other physical means to the maximum extent
practical in order to minimize the quantity of stormwater generated
from HPLA areas and areas where stormwater runoff is exposed to source
material;
[2]
The stormwater runoff originating from HPLAs and/or areas where stormwater runoff is exposed to source material shall be segregated and prohibited from comingling with stormwater runoff originating from the remainder of the parcel unless it is first routed through one or more stormwater management measures required at Subsection C(16)(h)[3] below;
[3]
The stormwater runoff from HPLAs and/or areas where stormwater runoff is exposed to source material shall incorporate stormwater management measures designed to reduce the post-construction load of TSS by at least 90% in stormwater runoff generated from the water quality design storm established at § 110-130C(16)(d) using one or more of the measures identified at Subsection C(16)(h)[3][a] or [b] below. In meeting this requirement, the minimum 90% removal of total suspended solids may be achieved by utilizing multiple stormwater management measures in series:
[a]
Any measure designed in accordance with the New
Jersey Stormwater BMP Manual to remove total suspended solids. Any
such measure must be constructed to ensure that the lowest point of
infiltration within the measure maintains a minimum of two feet of
vertical separation from the seasonal high water table; and
[b]
Other measures certified by the NJDEP, including
a Media Filtration System manufactured treatment device with a minimum
80% removal of total suspended solids as verified by the New Jersey
Corporation for Advanced Technology; and
[4]
If the potential for contamination of stormwater runoff by petroleum products exists on-site, prior to being conveyed to the stormwater management measure required at Subsection C(16)(h)[3] above, the stormwater runoff from the HPLAs and areas where stormwater runoff is exposed to source material shall be conveyed through an oil/grease separator or other equivalent manufactured filtering device providing for the removal of petroleum hydrocarbons. The applicant shall provide the review agency with sufficient data to demonstrate acceptable performance of the device.
(i)
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.
(j)
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.
(17)
Stormwater runoff quantity standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts related to
applicable major and minor development.
(b)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 110-130D, 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;
[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;
or
[4]
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection C(17)(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.
(d)
There shall be no direct discharge of stormwater runoff from
any point or nonpoint source to any wetland, wetlands transition area,
or surface waterbody. In addition, stormwater runoff shall not be
directed in such a way as to increase the volume and rate of discharge
into any wetlands, wetlands transition area, or surface water body
from that which existed prior to development of the parcel.
(e)
To the maximum extent practical, there shall be no direct discharge
of stormwater runoff onto farm fields to protect farm crops from damage
due to flooding, erosion, and long-term saturation of cultivated crops
and cropland.
(18)
As-built requirements for major development are as follows:
(a)
After all construction activities have been completed on the
parcel and finished grade has been established in each stormwater
management measure designed to infiltrate stormwater, replicate post-development
permeability tests shall be conducted to determine if as-built soil
permeability rates are consistent with design permeability rates.
The results of such tests shall be submitted to the municipal engineer
or other appropriate reviewing engineer. If the results of the post-development
permeability tests fail to achieve the minimum required design permeability
rate, utilizing a factor of safety of two, the stormwater management
measure shall be renovated and retested until the required permeability
rates are achieved; and
(b)
After all construction activities and required testing have
been completed on the parcel, as-built plans, including as-built elevations
of all stormwater management measures shall be submitted to the municipal
engineer or other appropriate reviewing engineer to serve as a document
of record. Based upon that engineer's review of the as-built
plans, all corrections or remedial actions deemed necessary due to
the failure to comply with design standards and/or for any reason
concerning public health or safety, shall be completed by the applicant.
In lieu of review by the municipal engineer, the municipality may
engage a licensed professional engineer to review the as-built plans
and charge the applicant for all costs associated with such review.
D.
Calculation of stormwater runoff and groundwater recharge.
(1)
Stormwater runoff shall be calculated by the design engineer using 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, except that the Rational Method for peak flow and the Modified Rational Method for hydrograph computations shall not be used. 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.
(2)
In calculating stormwater runoff using the NRCS methodology,
the appropriate twenty-four-hour rainfall depths as developed for
the parcel by the National Oceanic and Atmospheric Administration,https://hdsc.nws.noaa.gov/hdsc/pfds/pfds_map_cont.html?bkmrk=nj,
shall be utilized.
(3)
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. 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).
(4)
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.
(5)
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.
(6)
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.
(7)
Groundwater recharge may be calculated in accordance with 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.
E.
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 NJDEP'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 BMP 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 of § 110-130C(5). The New Jersey Stormwater BMP Manual may be utilized as a guide in determining the extent to which stormwater management activities and measures meet the standards of this section.
(b)
Additional maintenance guidance is available on the NJDEP's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
(2)
Submissions required for review by the NJDEP 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.
(3)
Submissions required for review by the Pinelands Commission
should be emailed to appinfo@pinelands.nj.gov.
F.
Solids and floatable materials control standards.
(1)
Site design features identified under § 110-130C(5), or alternative designs in accordance with § 110-130C(6), 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 F(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 (noncurb-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 F(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 established at § 110-130C(16)(d) 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 1.5 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 established at § 110-130C(16)(d); or
[5]
Where the NJDEP 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.
G.
Safety standards for stormwater management basins.
(1)
This section sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This section applies to any new stormwater management BMP.
(2)
The provisions of this section 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 G(3)(a), (b) or (c) below 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,
the grate shall comply with 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 greater than two inches
across the smallest dimension.
[3]
The overflow grate shall be constructed of rigid, durable, and
corrosion resistant material, 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 G(4) below, a free-standing 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 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 1 1/2 feet above the permanent water surface. See Subsection G(5) below 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.
|
Figure 1: Elevation View - Basin Safety Ledge Configuration
 |
H.
Requirements for site development stormwater plan.
(1)
Submission of site development stormwater plan.
(a)
Any application for major development approval shall include a site development stormwater plan containing all information required in § 110-130H(3).
(b)
Any application for minor development approval that is subject to this section shall include a site development stormwater plan containing all information required in § 110-130H(4).
(c)
The site development stormwater plan shall demonstrate that
the proposed development meets the standards of this section.
(d)
The site development stormwater plan shall contain comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in § 110-130C(16)(d). The standards for groundwater recharge and stormwater runoff rate, volume and quality required by § 110-130C(15), (16), and (17) and shall be met using the methods, calculations and assumptions provided in § 110-130D.
(f)
The applicant shall submit three copies of the site development
stormwater plan. All required engineering plans shall be in CAD Format
15 or higher, registered and rectified to NAD 1983 State Plane New
Jersey FIPS 2900 US Feet or Shape Format NAD 1983 State Plane New
Jersey FIPS 2900 US Feet. All other required documents shall be submitted
in both paper and commonly used electronic file formats such as pdf,
word processing, database or spreadsheet files.
(2)
Site development stormwater plan approval. The site development
stormwater plan shall be reviewed as a part of the development review
process by the municipal board or official from whom municipal approval
is sought. That municipal board or official shall consult the engineer
retained by the Planning and/or Zoning Board (as appropriate) to determine
if all the checklist requirements have been satisfied and to determine
if the project meets the standards set forth in this section.
(3)
Checklist requirements for major development. Any application
for major development approval shall include a site development stormwater
plan containing, at minimum, the following information:
(a)
Topographic base map. The site development stormwater plan shall
contain a topographic base map of the site that extends a minimum
of 300 feet beyond the limits of the proposed development, at a scale
of one inch equals 200 feet or greater, showing one-foot contour intervals.
The map shall indicate the following: existing surface water drainage,
shorelines, steep slopes, soils, highly erodible soils, perennial
or intermittent streams that drain into or upstream of any Category
One or Pinelands Waters, wetlands and floodplains along with any required
wetlands transition areas, marshlands and other wetlands, pervious
or vegetative surfaces, existing surface and subsurface human-made
structures, roads, bearing and distances of property lines, and significant
natural and man-made features not otherwise shown. Shamong Township
or the Pinelands Commission may require upstream tributary drainage
system information as necessary.
(b)
Environmental site analysis. The site development stormwater
plan shall contain a written description along with the drawings of
the natural and human-made features of the site and its environs.
This description shall include:
[1]
A discussion of environmentally critical areas, soil conditions,
slopes, wetlands, waterways and vegetation on the site. Particular
attention shall be given to unique, unusual or environmentally sensitive
features and to those features that provide particular opportunities
for or constraints on development; and
[2]
Detailed soil and other environmental conditions on the portion
of the site proposed for installation of any stormwater management
measures, including, at a minimum:
[a]
A soils report based on on-site soil tests;
[b]
Location and spot elevations in plan view of all
test pits and permeability tests;
[c]
Permeability test data and calculations;
[d]
Any other required soil or hydrogeologic data (e.g.,
mounding analyses results) correlated with location and elevation
of each test site;
[e]
A cross-section of all proposed stormwater management
measures with side-by-side depiction of soil profile drawn to scale
and seasonal high water table elevation identified; and
[f]
Any other information necessary to demonstrate
the suitability of the specific proposed stormwater management measures
relative to the environmental conditions on the portion(s) of the
site proposed for implementation of those measures.
(c)
Project description and site plan(s). The site development stormwater
plan shall contain a map (or maps), at the same scale as 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. The site development
stormwater plan shall contain a land use planning and source control
plan demonstrating compliance with the erosion control, groundwater
recharge, stormwater runoff quantity control and stormwater quality
treatment required by this section. This shall include, but is not
limited to:
[1]
Information demonstrating that the proposed stormwater management measures are able to achieve a minimum 65% reduction of the post-construction total nitrogen load, in accordance with § 110-130C(16)(g).
[2]
Where any stormwater generated from high pollutant loading areas or where stormwater will be exposed to source material, information demonstrating that the proposed stormwater management measures are consistent with § 110-130C(16)(h).
(e)
Stormwater management facilities map. The site development stormwater
plan shall contain a stormwater management facilities map, at the
same scale as the topographic base map, depicting the following information:
[1]
The total area to be disturbed, paved and/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 manage and recharge stormwater; and
[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 (if applicable)
and emergency spillway provisions with maximum discharge capacity
of each spillway.
(f)
Groundwater mounding analysis. The site development stormwater plan shall contain a groundwater mounding analysis in accordance with § 110-130C(7)(a).
(g)
Inspection, maintenance and repair plan. The site development stormwater plan shall contain an inspection, maintenance and repair plan containing information meeting the requirements of § 110-130I(2) of this section.
(4)
Checklist requirements for minor development. Any application
for minor development approval that is subject to this section shall
include a site development stormwater plan, certified by a design
engineer, containing, at minimum, the following information:
(a)
All existing and proposed development, including limits of clearing
and land disturbance.
(b)
All existing and proposed lot lines.
(c)
All wetlands and required wetland transition areas.
(d)
The type and location of each green infrastructure stormwater
management measure.
(f)
A design engineer's certification that each green infrastructure stormwater management measure will not adversely impact basements or septic systems of the proposed development, in accordance with § 110-130C(7)(b).
(g)
A maintenance plan containing information meeting the requirements of § 110-130I(2) of this section.
(5)
Exception from submission requirements. With the exception of Subsections H(3)(g) and H(4)(g) above, the municipality may modify or waive any required element of the site development stormwater plan, provided that sufficient information can be provided to demonstrate compliance with the standards of this section. However, application information required in accordance with the Pinelands CMP [N.J.A.C. 7:50-4.2(b)] shall be submitted to the Pinelands Commission, unless the Executive Director of the Pinelands Commission waives or modifies the application requirements.
I.
Maintenance and repair.
(2)
The maintenance plan shall include the following:
(a)
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.
(b)
Responsibility for maintenance of stormwater management measures
approved as part of an application for major development shall not
be assigned or transferred to the owner or tenant of an individual
property, unless such owner or tenant owns or leases the entire site
subject to the major development approval. 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
the maintenance required.
(c)
Responsibility for maintenance of stormwater management measures
approved as part of an application for minor development may be assigned
or transferred to the owner or tenant of the parcel.
(d)
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.
(e)
If the person responsible for maintenance identified under Subsection I(2)(a) above is not a public agency, the maintenance plan and any future revisions based on § 110-130I(3)(b)[2] shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(f)
For all major development, the following additional standards
apply:
[1]
The maintenance plan shall include accurate and comprehensive
drawings of all stormwater management measures on a parcel, including
the specific latitude and longitude and block/lot number of each stormwater
management measure. Maintenance plans shall specify that an inspection,
maintenance, and repair report will be updated and submitted annually
to the municipality;
[2]
Stormwater management measure easements shall be provided by
the property owner as necessary for facility inspections and maintenance
and preservation of stormwater runoff conveyance, infiltration, and
detention areas and facilities. The purpose of the easement shall
be specified in the maintenance agreement; and
[3]
An adequate means of ensuring permanent financing of the inspection,
maintenance, repair, and replacement plan shall be implemented and
shall be detailed in the maintenance plan. Financing methods shall
include, but not be limited to:
[a]
The assumption of the inspection and maintenance
program by a municipality, county, public utility, or homeowners association;
[b]
The required payment of fees to a municipal stormwater
fund in an amount equivalent to the cost of both ongoing maintenance
activities and necessary structural replacements.
(g)
For all minor development, maintenance plans shall be required
for all stormwater management measures installed in accordance with
this section and shall include, at a minimum, the following information:
[1]
A copy of the certified plan required pursuant to § 110-130H(4);
[2]
A description of the required maintenance activities for each
stormwater management measure; and
[3]
The frequency of each required maintenance activity.
(3)
General maintenance and repair.
(a)
Preventative and corrective maintenance shall be performed to
maintain the function 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.
(b)
The person responsible for maintenance identified under § 110-130I(2)(b) 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 I(3)(b)[1] and [2] above.
(d)
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.
(4)
Nothing in this section 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.
J.
Variances.
(1)
The exemptions, exceptions, applicability standards, and waivers
of strict compliance contained in the NJDEP Stormwater Management
Regulations at N.J.A.C. 7:8-1.1 et seq., shall not apply within the
Pinelands Area except in accordance with this section.
(2)
The municipal review agency may grant a variance from the design
and performance standards for stormwater management measures set forth
in its municipal stormwater management plan and this section, provided
that:
(a)
No variances shall be granted from § 110-130C(17)(d), which prohibits the direct discharge of stormwater runoff to any wetlands, wetlands transition area, or surface waterbody and the direction of stormwater runoff in such a way as to increase in volume and rate of discharge into any wetlands, wetlands transition area, or surface water body from that which existed prior to development of the parcel;
(b)
The municipal stormwater plan includes a mitigation plan in
accordance with N.J.A.C. 7:8-4.2(c)11 and N.J.A.C. 7:50-3.39(a)2viii;
(c)
The applicant demonstrates that it is technically impracticable
to meet any one or more of the design and performance standards on-site.
For the purposes of this analysis, technical impracticability exists
only when the design and performance standard cannot be met for engineering,
environmental, or safety reasons. A municipality's approval of
a variance shall apply to an individual drainage area and design and
performance standard and shall not apply to an entire site or project,
unless an applicant provides the required analysis for each drainage
area within the site and each design and performance standard;
(d)
The applicant demonstrates that the proposed design achieves
the maximum possible compliance with the design and performance standards
of this section on-site; and
(e)
A mitigation project is implemented, in accordance with the
following:
[1]
All mitigation projects shall be located in the Pinelands Area
and in the same HUC-14 as the parcel proposed for development. If
the applicant demonstrates that no such mitigation project is available,
the municipality may approve a variance that provides for mitigation
within the same HUC-11 as the parcel proposed for development, provided
the mitigation project is located in the Pinelands Area.
[2]
The proposed mitigation project shall be consistent with the municipal stormwater management plan certified by the Pinelands Commission. If said stormwater management plan does not identify appropriate parcels or projects where mitigation may occur, the applicant may propose a mitigation project that meets the criteria in Subsection J(2)(e)[1] above.
[3]
The mitigation project shall be approved no later than preliminary
or final site plan approval of the major development.
[4]
The mitigation project shall be constructed prior to, or concurrently
with, the development receiving the variance.
[5]
The mitigation project shall comply with the green infrastructure standards at Subsection C(14).
[6]
If the variance that resulted in the mitigation project being required is from the green infrastructure standards at § 110-130C(14), then the mitigation project must use green infrastructure BMPs in Table 1 contained at § 110-130C(5), and/or an alternative stormwater management measure approved in accordance with § 110-130C(6) that meets the definition of green infrastructure to manage an equivalent or greater area of impervious surface and an equivalent or greater area of motor vehicle surface as the area of the major development subject to the variance. Grass swales and vegetative filter strips may only be used in the mitigation project if the proposed project additionally includes a green infrastructure BMP other than a grass swale or vegetative filter strip. The green infrastructure used in the mitigation project must be sized to manage the water quality design storm established at § 110-130C(16)(d), at a minimum, and is subject to the applicable contributory drainage area limitation specified at § 110-130C(14)(b), as applicable.
[7]
A variance from the groundwater recharge standards at § 110-130C(15) may be granted provided that the total volume of stormwater infiltrated by the mitigation project equals or exceeds the volume required at § 110-130C(15).
[8]
A variance from the stormwater runoff quality standards at § 110-130C(16) may be granted if the following are met:
[a]
The total drainage area of motor vehicle surface
managed by the mitigation project(s) must equal or exceed the drainage
area of the area of the major development subject to the variance
and must provide sufficient TSS removal to equal or exceed the deficit
resulting from granting the variance for the major development; and
[b]
The mitigation project must remove nutrients to the maximum extent feasible in accordance with § 110-130C(16)(g).
[9]
A variance from the stormwater runoff quantity standards at § 110-130C(17) may be granted if the following are met:
[a]
The applicant demonstrates, through hydrologic
and hydraulic analysis, including the effects of the mitigation project,
that the variance will not result in increased flooding damage below
each point of discharge of the major development;
[b]
The mitigation project indirectly discharges to
the same watercourse and is located upstream of the major development
subject to the variance; and
[c]
The mitigation project provides peak flow rate attenuation in accordance with § 110-130C(17)(b)[3] for an equivalent or greater area than the area of the major development subject to the variance. For the purposes of this demonstration, equivalent includes both size of the area and percentage of impervious surface and/or motor vehicle surface.
[10]
The applicant or the entity assuming maintenance responsibility for the associated major development shall be responsible for preventive and corrective maintenance (including replacement) of the mitigation project and shall be identified as such in the maintenance plan established in accordance with § 110-130I. This responsibility is not transferable to any entity other than a public agency, in which case a written agreement with that public agency must be submitted to the review agency.
(3)
Any approved variance shall be submitted by the municipal review
agency to the county review agency and the NJDEP, by way of a written
report describing the variance, as well as the required mitigation,
within 30 days of the approval.
K.
Penalties. Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to all relief available to the Township under Chapter 110 and shall be further subject to the general penalty provisions under § 1-15 of the Township Code.
