Any application for development shall demonstrate
conformance to design standards that will encourage sound development
patterns within the Township, and such application, and all development
thereunder, shall conform to the provisions of this article. Where
an Official Map or Master Plan has been adopted, the development shall
conform to the proposals and conditions shown thereon. The streets,
drainage rights-of-way, school sites, public parks and playgrounds,
scenic sites, historic sites and flood control basins shown on the
officially adopted Official Map shall be considered in the approval
of plats. In accordance with good design practices, extreme deviations
from rectangular lot shapes and straight lot lines shall not be allowed
unless made necessary by special topographical conditions or other
special conditions acceptable to the approving authority. All improvements
shall be installed and connected with existing available utility or
other service facilities or shall be installed in required locations
to enable future connections with approved utility or service facilities
and shall be adequate to handle all present and probable future development.
A.
Block length and width or acreage within bounding
roads shall be such as to accommodate the size of lots required in
the area by any zoning ordinance which may be adopted,[1] or by this chapter, and shall provide for convenient access,
circulation, control and safety of street traffic.
B.
For commercial group housing or industrial use, block
size shall be sufficient to meet all area and yard requirements for
such use.
[Amended 6-20-2006 by Ord. No. 2006-19; 3-16-2021 by Ord. No. 2021-03]
A.
Policy statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure best management practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low-impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
D.
Compatibility with other permit and ordinance requirements.
(1)
Development approvals issued pursuant to §§ 64-31 and 64-31.1 through 64-31.14 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 §§ 64-31 and 64-31.1 through 64-31.14 shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
(2)
Sections 64-31 and 64-31.1 through 64-31.14 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 §§ 64-31 and 64-31.1 through 64-31.14 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.
[Added 6-20-2006 by Ord. No. 2006-19; amended 3-16-2021 by Ord. No. 2021-03]
A.
Review and inspection fees.
(1)
Review fees.
(a)
When stormwater management plans are required to be prepared and submitted for review and approval under §§ 64-31 and 64-31.1 through 64-31.14, and when such plans are submitted for review and approval in conjunction with an application for development approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., then no additional and separate review fee shall be required. The costs for professional review of the stormwater management plan will be deducted from the review escrow account established for the development application in accordance with the applicable provisions of the development regulation.
(b)
A review fee of $500 shall be paid to the Township whenever:
[1]
A stormwater management plan is required to be prepared and submitted for review and approval under §§ 64-31 and 64-31.1 through 64-31.14, and such plan is not submitted for review and approval in conjunction with an application for development approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
[2]
A revised stormwater management plan is submitted for review
and approval subsequent to the approval of a development application
by the Land Use Board and when revisions to a previously approved
stormwater management plan are necessitated by field conditions or
other modifications to the development proposal.
(2)
Inspection fees.
(a)
When stormwater management improvements are constructed in conjunction
with other site improvements associated with an approved major subdivision
or site plan, then no additional and separate construction inspection
escrow account shall be required.
(b)
When stormwater management improvements are constructed in conjunction
with a minor subdivision approval, or variance approval for which
no site plan was required, then a construction inspection escrow account
shall be established with the Township in the manner as provided in
the development regulation and in accordance with the Municipal Land
Use Law, N.J.S.A. 40:55D-1 et seq.
[Added 6-20-2006 by Ord. No. 2006-19; amended 3-16-2021 by Ord. No. 2021-03]
For the purpose of §§ 64-31 and 64-31.1 through 64-31.14, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of §§ 64-31 and 64-31.1 through 64-31.14 clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
An area where rock consisting chiefly of calcium and magnesium
carbonates such as limestone and dolomite, has been identified.
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this chapter.
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.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Board of Chosen Freeholders
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
Any United States Geological Survey fourteen-digit hydrologic
unit code subwatershed area that is identified in the Highlands Regional
Master Plan as having negative net water availability, meaning that
existing consumptive and depletive water uses exceed the capacity
of the ground water supply to sustain.
The Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlarge-enlargement of any building or structure, any
mining excavation or landfill, and any use or change in the use of
any building or other structure, or land or extension of use of land,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq.
In the case of development of agricultural land, "development"
means: any activity that requires a state permit, any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving waterbody or to
a particular point along a receiving waterbody.
Neighborhoods designated by the Urban Coordinating Council
"in consultation and in conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership, such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame
Species Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
All springs, wetlands, intermittent and ephemeral streams,
perennial streams and bodies of surface water, whether natural or
artificial, located wholly or partially within the boundaries of the
Highlands Region, but shall not mean swimming pools.
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
Any structure, surface, or improvement that reduces or prevents
absorption of stormwater into land, and includes porous paving, paver
blocks, gravel, crushed stone, decks, patios, elevated structures,
and other similar structures, surfaces, or improvements. To be considered
an impervious surface, the structure, surface or improvement must
have the effect of reducing or preventing stormwater absorption.
The process by which water seeps into the soil from precipitation.
A distinctive topography that indicates solution of underlying
carbonate rocks (such as limestone and dolomite) by surface water
or groundwater over time, often producing surface depressions, sinkholes,
sinking streams, enlarged bedrock fractures, caves, and underground
streams.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual "development," as well as multiple developments
that individually or collectively result in:
"Major development" includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection A(1), (2), (3), or (4) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."
Designing stormwater management systems so that all reasonable
opportunities for using nonstructural stormwater practices are exhausted
and a structural BMP is implemented only where absolutely necessary.
An action by an applicant providing compensation or offset
actions for on-site stormwater management requirements where the applicant
has demonstrated the inability or impracticality of strict compliance
with the stormwater management requirements set forth in N.J.A.C.
7:8, in an adopted regional stormwater management plan, or in this
local ordinance, and has received a waiver from strict compliance
from the municipality. Mitigation shall include the implementation
of the approved mitigation plan within the same drainage area where
the subject project is proposed, or a contribution of funding toward
a municipal stormwater control project, or provision for equivalent
treatment at an alternate location, or any other equivalent water
quality benefit as approved by the municipality.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, "motor vehicle" does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with § 64-31.4F of §§ 64-31 and 64-31.1 through 64-31.14 and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
Any project not eligible for an exemption from the Highlands
Water Protection and Planning Act Rules, pursuant to N.J.A.C. 7:38-2.3.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. §§ 2011 et seq.)], thermal waste,
wrecked or discarded equipment, rock, sand, cellar dirt, industrial,
municipal, agricultural, and construction waste or runoff, or other
residue discharged directly or indirectly to the land, ground waters
or surface waters of the state, or to a domestic treatment works.
"Pollutant" includes both hazardous and nonhazardous pollutants.
Lands within the Highlands Region that are located in that
portion designated by the Highlands Act as the "preservation area"
(see metes and bounds description at N.J.S.A. 13:20-7b).
Lands with the best groundwater recharge rates within a HUC14
subwatershed, as indicated by GSR-32 analysis, that provide the top
40% of the total recharge volume for the subwatershed.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Land disturbing activity that results in the creation, addition,
or replacement of impervious surface area on an already developed
or disturbed site. "Redevelopment" includes but is not limited to:
the expansion of a building footprint, addition or replacement of
a structure, replacement of impervious surface area that is not part
of a routine maintenance activity, and land disturbing activities
related to structural or impervious surfaces. It does not include
routine maintenance to maintain original line and grade, hydraulic
capacity, or original purpose of facility, nor does it include emergency
construction activities required to immediately protect public health
and safety.
The Highlands regional master plan or any revision thereof
adopted by the Highlands Water Protection and Planning Council pursuant
to N.J.S.A. 13:20-8.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization
efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of
these goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
A neighborhood given priority access to State resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
Previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support and
that under normal circumstances does support a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.
[Added 6-20-2006 by Ord. No. 2006-19; amended 3-16-2021 by Ord. No. 2021-03]
A.
Stormwater management measures for major development shall be designed
to provide erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment as follows:
(1)
The minimum standards for erosion control are those established
under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq.,
and implementing rules at N.J.A.C. 2:90.
(2)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
B.
The standards in §§ 64-31 and 64-31.1 through 64-31.14 apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or water quality management plan adopted in accordance with Department rules.
[Added 6-20-2006 by Ord. No. 2006-19; amended 3-16-2021 by Ord. No. 2021-03]
A.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 64-31.10.
B.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
C.
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 64-31.4P, Q and R:
(1)
The construction of an underground utility line provided that
the disturbed areas are revegetated upon completion;
(2)
The construction of an aboveground utility line provided that
the existing conditions are maintained to the maximum extent practicable;
and
(3)
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
D.
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 64-31.4O, P, Q and R may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(1)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(4)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under § 64-31.4D(3) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 64-31.4O, P, Q and R that were not achievable onsite.
E.
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 64-31.4O, P, Q and R. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
F.
Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in §§ 64-31 and 64-31.1 through 64-31.14 the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(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)
1(c)
|
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60-80
|
No
|
No
|
—
|
|
(Notes corresponding to annotations(a) through (g) are found below Table 3.)
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(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
|
N/A
|
|
Wet pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations(b) through (d) are found below Table 3.)
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(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
|
1
|
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90
|
No
|
No
|
1
|
|
Wet pond
|
50-90
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 64-31.4O(2);
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of "green infrastructure" at § 64-31.2;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at § 64-31.2.
|
G.
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with § 64-31.6B. Alternative stormwater management measures may be used to satisfy the requirements at § 64-31.4O only if the measures meet the definition of "green infrastructure" at § 64-31.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 64-31.4O(2) are subject to the contributory drainage area limitation specified at § 64-31.4O(2) 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 § 64-31.4O(2) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 64-31.4D is granted from § 64-31.4O.
H.
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
I.
Design standards for stormwater management measures are as follows:
(1)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(2)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 64-31.8C;
(3)
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion-resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement;
(4)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 64-31.8; and
(5)
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.
J.
Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at § 64-31.2 may be used only under the circumstances described at § 64-31.4O(4).
K.
Any application for a new agricultural development that meets the definition of major development at § 64-31.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 64-31.4O, P, Q and R 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.
L.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 64-31.4P, Q and R shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
M.
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the Warren County Clerk. 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 § 64-31.4O, P, Q and R 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 § 64-31.10B(5). 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.
N.
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to § 64-31.4 of §§ 64-31 and 64-31.1 through 64-31.14 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 in the Office of the Warren County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection M 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 M above.
O.
Green infrastructure standards.
(1)
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.
(2)
To satisfy the groundwater recharge and stormwater runoff quality standards at § 64-31.4P and Q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 64-31.4F and/or an alternative stormwater management measure approved in accordance with § 64-31.4G. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry Well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed 3 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
|
(4)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 64-31.4D is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with § 64-31.4G may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 64-31.4P, Q and R.
(5)
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 § 64-31.4P, Q and R, unless the project is granted a waiver from strict compliance in accordance with § 64-31.4D.
P.
Groundwater recharge standards.
(1)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows.
(2)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 64-31.5, either:
(a)
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual pre-construction groundwater recharge volume for the site;
or
(b)
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from pre-construction to post-construction
for the two-year storm is infiltrated.
(c)
For non-exempt projects located in the preservation area and in a current deficit area as identified in the Township's Environmental Resource Inventory, the project shall demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures provide for enhanced recharge standards set forth in Subsection P(5) below.
(d)
For non-exempt projects located in the preservation area and
in a prime ground water recharge area as identified in the Township's
Environmental Resource Inventory, the following standards shall apply:
[1]
Where disturbance is permitted in accordance with this subsection,
it shall be limited to no greater than 15% of the prime ground water
recharge area on the site and shall preferentially be sited on that
portion of the prime ground water recharge area that has the lowest
groundwater recharge rates.
(3)
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection P(4) below.
(4)
The following types of stormwater shall not be recharged:
(a)
Stormwater from areas of high pollutant loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with Department approved remedial action work plan
or landfill closure plan and areas with high risks for spills of toxic
materials, such as gas stations and vehicle maintenance facilities;
and
(b)
Industrial stormwater exposed to source material. "Source material"
means any material(s) or machinery, located at an industrial facility,
that is directly or indirectly related to process, manufacturing or
other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
(c)
Carbonate rock areas in the preservation area where surficial
or subsurface karst features have been identified and recharge facilities
cannot be designed in a manner that would eliminate the concentrated
subsurface release of stormwater (Note: The mere presence of carbonate
bedrock does not constitute a karst feature).
(5)
Non-exempt projects that are subject to the enhanced recharge requirements by Subsection P(2)(c) or P(2)(d) above, shall apply the following standards, either:
(a)
Recharge 125% of the percentage of the average annual preconstruction
groundwater recharge volume for the site; or
(b)
In addition to complying with the recharge requirements of § 64-31.4P retain on site with no discharge, the stormwater quality design volume (SWQDv), defined as the runoff from the 1.25-inch, two-hour rainfall event. Where meeting the recharge requirement will not result in retention of the full SWQDv, the major development shall retain any additional volume to meet the requirements of this section through additional infiltration, or through evapotranspiration or capture and on-site reuse of rainfall.
Q.
Stormwater runoff quality standards.
(1)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
(2)
Stormwater management measures shall be designed to reduce the
post-construction load of total suspended solids (TSS) in stormwater
runoff generated from the water quality design storm as follows:
(a)
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.
(b)
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.
(3)
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 Q(2) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(4)
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
|
Table 4 - Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
(5)
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
|
(6)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in § 64-31.4P, Q and R.
(7)
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
(8)
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.
(9)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3.i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(10)
This stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
R.
Stormwater runoff quantity standards.
(1)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
(2)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 64-31.5, complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same
storm events;
(b)
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the pre-construction condition, in
the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(c)
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten - and 100-year storm events are
50%, 75% and 80%, respectively, of the pre-construction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
(d)
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection R(2)(a), (b) and (c) 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.
(3)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse,
or receiving storm sewer system.
[Added 6-20-2006 by Ord. No. 2006-19; amended 3-16-2021 by Ord. No. 2021-03]
A.
Stormwater runoff shall be calculated in accordance with the following:
(1)
The design engineer shall calculate runoff using one of the
following methods:
(a)
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(b)
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The rational and modified rational
methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
(2)
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at § 64-31.5A(1)(a) and the Rational and Modified Rational Methods at § 64-31.5A(1)(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(3)
In computing pre-construction stormwater runoff, the design
engineer shall account for all significant land features and structures,
such as ponds, wetlands, depressions, hedgerows, or culverts, that
may reduce pre-construction stormwater runoff rates and volumes.
(4)
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.
(5)
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.
B.
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
[Added 6-20-2006 by Ord. No. 2006-19; amended 3-16-2021 by Ord. No. 2021-03]
A.
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(1)
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
(2)
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
B.
Submissions required for review by the Department should be mailed
to: The Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
[Added 6-20-2006 by Ord. No. 2006-19; amended 3-16-2021 by Ord. No. 2021-03]
A.
Site design features identified under § 64-31.4F above, or alternative designs in accordance with § 64-31.4G above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 64-31.7A(2) below.
(1)
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:
(a)
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
(b)
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.
[1]
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than 7.0 square inches, or be no greater than 2.0
inches across the smallest dimension.
(2)
The standard in Subsection A(1) above does not apply:
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than 9.0 square inches;
(b)
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;
(c)
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
[1]
A rectangular space 4 5/8 (4.625) inches long and 1 1/2
(1.5) inches wide (this option does not apply for outfall netting
facilities); or
[2]
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].
|
(d)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
Water Quality Design Storm as specified in N.J.A.C. 7:8; or
(e)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
[Added 6-20-2006 by Ord. No. 2006-19; amended 3-16-2021 by Ord. No. 2021-03]
A.
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.
B.
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 § 64-31.8C(1), (2) and (3) for trash racks, overflow grates, and escape provisions at outlet structures.
C.
Requirements for trash racks, overflow grates and escape provisions.
(1)
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:
(a)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(b)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(c)
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
(d)
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.
(2)
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
such grate shall meet the following requirements:
(a)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
(c)
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion-resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
(3)
Stormwater management BMPs shall include escape provisions as
follows:
(a)
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 § 64-31.8C, a freestanding outlet structure may be exempted from this requirement;
(b)
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See § 64-31.8E for an illustration of safety ledges in a stormwater management BMP; and
(c)
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.
D.
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.
E.
Safety ledge illustration.
|
Elevation View - Basin Safety Ledge Configuration
 |
[Added 6-20-2006 by Ord. No. 2006-19; amended 3-16-2021 by Ord. No. 2021-03]
A.
Submission of site development stormwater plan.
(1)
Whenever an applicant seeks municipal approval of a development subject to §§ 64-31 and 64-31.1 through 64-31.14, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at § 64-31.9C below as part of the submission of the application for approval.
B.
Site development stormwater plan approval. The applicant's Site Development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in §§ 64-31 and 64-31.1 through 64-31.14.
C.
Submission of site development stormwater plan. The following information
shall be required:
(1)
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
(2)
Environmental site analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
(3)
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
(4)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of § 64-31.3 through § 64-31.5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(5)
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(a)
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(b)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
(6)
Calculations.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on on-site boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
(7)
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 64-31.10.
(8)
Waiver from submission requirements. The municipal official or board reviewing an application under §§ 64-31 and 64-31.1 through 64-31.14 may, in consultation with the municipality's review engineer, waive submission of any of the requirements in § 64-31.9C(1) through (6) of §§ 64-31 and 64-31.1 through 64-31.14 when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
[Added 6-20-2006 by Ord. No. 2006-19; amended 3-16-2021 by Ord. No. 2021-03]
B.
General maintenance.
(1)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(2)
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
(3)
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.
(4)
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidential tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
(5)
If the party responsible for maintenance identified under § 64-31.10B(3) above is not a public agency, the maintenance plan and any future revisions based on § 64-31.10B(7) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(6)
Preventative and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.). of the stormwater management measure,
including, but not limited to, repairs or replacement to the structure;
removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of non-vegetated linings.
(7)
The party responsible for maintenance identified under § 64-31.10B(3) above shall perform all of the following requirements:
(a)
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;
(b)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)
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 § 64-31.10B(6) and (7) above.
(8)
The requirements of § 64-31.10B(3) and (4) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
(9)
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.
C.
Nothing in this subsection shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Added 6-20-2006 by Ord. No. 2006-19; amended 3-16-2021 by Ord. No. 2021-03]
A.
The municipal review agency may grant variances from the design and performance standards in § 64-31.4O, P, Q and R as set forth in §§ 64-31 and 64-31.1 through 64-31.14 provided that the following conditions are met.
(1)
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. The 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.
(2)
The applicant demonstrates that the proposed design achieves
the maximum possible compliance with the design and performance standards
on site.
(3)
A mitigation project in accordance with the following is implemented.
(b)
The mitigation project shall be approved no later than preliminary
or final site plan approval of the major development.
(c)
The mitigation project shall be located in the same HUC 14 as
the area of the major development subject to the variance.
(d)
The mitigation project shall be constructed prior to or concurrent
with the major development.
(4)
If the variance that resulted in the mitigation project being required is from the green infrastructure standards in § 64-31.4O, then the mitigation project must use green infrastructure BMPs in Table 5-1, and/or an alternative stormwater management measure approved in accordance with § 64-31.4G 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, as defined at § 64-31.4Q(4), at a minimum and is subject to the applicable contributory drainage area limitations specified in § 64-31.4G or § 64-31.4O(2) as applicable.
(5)
A variance from the groundwater recharge standards in § 64-31.4P may be granted if one of the following is met:
(a)
The average annual groundwater recharge provided by the mitigation
project must equal or exceed the average annual groundwater recharge
deficit resulting from granting the variance for the major development;
or
(b)
Runoff infiltrated during the two-year storm from the mitigation
project must equal or exceed the deficit resulting from granting the
variance from the required infiltration of the increase in runoff
volume from pre-construction to post-construction from the major development.
(6)
A variance from the stormwater runoff quality standards at § 64-31.4Q 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 § 64-31.4Q(6).
(7)
A variance from the stormwater runoff quantity standards at § 64-31.4R 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 discharges to the same watercourse and
is located upstream of the major development subject to the variance.
(c)
The mitigation project provides peak flow rate attenuation in accordance with § 64-31.4R(2)(c) 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.
(8)
The applicant 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 § 64-31.10. 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.
(9)
Any approved variance shall be submitted by the municipal review
agency to the county review agency and the Department by way of a
written report describing the variance, as well as the required mitigation,
within 30 days of the approval.
[Added 6-20-2006 by Ord. No. 2006-19; amended 3-16-2021 by Ord. No. 2021-03]
Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of §§ 64-31 and 64-31.1 through 64-31.14 shall be subject to the following penalties: A fine not exceeding $500 or imprisonment for a term not exceeding 90 days, or both, and each day that such violation continues shall constitute a separate offense.
[Added 3-16-2021 by Ord. No. 2021-03[1]]
Each section, subsection, sentence, clause and phrase of §§ 64-31 and 64-31.1 through 64-31.14 is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of §§ 64-31 and 64-31.1 through 64-31.14 to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of §§ 64-31 and 64-31.1 through 64-31.14.
[Added 3-16-2021 by Ord. No. 2021-03]
[Added 8-18-2009 by Ord. No. 2009-14]
A.
Conservation easement restrictions. The following is offered to aid
in the understanding of what activities may or may not occur in conservation
easements. For conservation easements, individual, private ownership
or homeowners' association, the following shall be noted on the plat
and applicable deeds. Within the conservation easement area, the following
terms and conditions shall apply, it being the intention that the
conservation easement shall be preserved in its natural and existing
state in perpetuity except as specifically noted herein:
(1)
Property owners shall not change any features of the natural
landscape or general topography of the conservation easement area
nor remove any trees, shrubs, or other vegetation.
(2)
No trees, shrubs or vegetation of any kind shall be removed
or destroyed from within the easement area. No topsoil, rocks, minerals
or other materials shall be excavated or removed from the conservation
easement area, nor shall any fill or other material be deposited in
the conservation easement area. No regrading of the conservation easement
shall be permitted unless specifically approved by the Township and
other agencies having jurisdiction.
(3)
No trash, yard waste or any other materials may be deposited
within the conservation easement area. The conservation easement area
shall not be used for the storage of materials.
(4)
No signs, other than "Conservation Easement - No Trespassing"
signs, shall be located on the conservation easement area.
(5)
No building or other structures shall be located within the
conservation easement area.
(6)
No driveways or parking or storage of motor vehicles or equipment
shall be allowed in the conservation easement area.
(7)
No drainage of any wetland areas is permitted. The wetlands
and transition areas are protected under the New Jersey Freshwater
Wetlands Protection Act (N.J.S.A. 13:9B-1 et seq.).
(8)
It is expressly acknowledged hereby that Washington Township
has the right, but not the obligation, to maintain any grass or other
improvements in and about the said easement and otherwise enforce
the terms of the easement. Washington Township does not now and will
not in the future have any obligation to clean up debris or garbage
in or about the easement. All maintenance shall be the obligation
of the owners of the land, it being specifically intended that this
easement shall run with the land and be binding upon all property
owners and their successors and assigns.
(9)
Washington Township shall have the right, but not the duty,
to enter upon the easement with vehicles and equipment at any time
and without prior notice to the property owner, in order to exercise
its rights with respect to said easement. Washington Township will
replace and/or restore the grade of any property and any landscaping
disturbed in connection with the exercise of its rights pursuant hereto.
Upon completion of any work, Washington Township shall remove, or
shall cause to be removed, all materials, tools, equipment, building
supplies and debris from the easement and surrounding areas.
(10)
Any person who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure or land in violation of
this section shall be subject to a fine not exceeding $500 or imprisonment
for a term not exceeding 90 days, or both, and each day that such
violation continues shall constitute a separate offense.
B.
Drainage easement restrictions. The following restrictions shall
be noted on applicable plans and applicable deeds resulting from Board
actions:
(1)
Washington Township is given a continuous and perpetual right-of-way
and easement through, over, upon, under, in, across, and along the
described easement for one or more pipes, swales, ditches or other
drainage facilities, and all necessary surface and subsurface appurtenances
(collectively, the "facilities"). Washington Township shall have the
perpetual right to reconstruct, operate, maintain, inspect, protect
and repair such stormwater facilities and all necessary surface and
subsurface appurtenances within said easement, the perpetual right
to do all that may be necessary for the reconstruction, replacement,
extension, improvement, betterment, maintenance, inspection, protection,
operation and use of such stormwater facilities and all necessary
surface and subsurface appurtenances as a part of such stormwater
facilities. Washington Township shall have all reasonable incidental
right to protect and preserve install lines and appurtenances, including
lateral support, and the right to construct and maintain rip rap at
places where such protection may be required to protect installed
lines and appurtenances from erosion, the right to construct and maintain
requisite surface and subsurface appurtenances. Washington Township
shall also have the right to take any reasonable action that may be
necessary to protect installed stormwater facilities lines from infiltration.
(2)
Washington Township, its agents, representatives, employees
or any person or entity designated by it shall also have the right,
but not the duty, of entry and re-entry in and upon the land in the
easement areas for the purpose of installing, constructing, and maintaining
the related improvements as may be required by the Township of Washington,
County of Warren, or State of New Jersey, or any agency thereof.
(3)
No structure of any type other than the drainage facilities
as shown on the plans approved by the Land Use Board of Washington
Township shall be erected. Drainage facilities may not be altered
in any way without prior written permission by Washington Township.
(4)
No topsoil, sand, gravel or material of any kind may be excavated
or removed from within the limits of the easement unless approved
by Washington Township. No fill of any kind shall be permitted within
the limits of the easement unless approved by Washington Township.
(5)
No trash, waste material or refuse of any kind shall be permitted
within the limits of the easement. No storage of any materials shall
be permitted within the limits of the easement.
(6)
The owner of the property shall maintain the drainage easement
by keeping vegetation in the manner necessary so that the stormwater
has free flow through the entire drainage easement area.
(7)
No trees, shrubs or vegetation of any kind shall be deposited,
removed or destroyed from within the easement area. No topsoil, rocks,
minerals or other materials shall be excavated or removed from the
drainage easement area, nor shall any fill or other material be deposited
in the drainage easement area.
(8)
No building or other structures shall be located within the
drainage easement area.
(9)
No driveways or parking or storage of motor vehicles or equipment
shall be allowed in the drainage easement area.
(10)
No drainage of any wetland areas is permitted. The wetlands
and transition areas are protected under the New Jersey Freshwater
Wetlands Protection Act (N.J.S.A. 13:9B-1 et seq.).
(11)
In the event that any property owner or homeowners' association
fails to properly maintain, inspect and/or repair any portion of stormwater
facilities within the easement area and continues to fail or refuse
to do so after written notice from Washington Township, Washington
Township shall have the right, but not the duty, seven days after
delivery of such notice, to enter upon the easement to perform any
and all work determined by the Township in its sole discretion to
be necessary to protect the public health, safety, and welfare and
the costs thereof shall be paid by the property owner within 30 days
after submission of a statement thereof and, if not paid, such amounts
shall become a municipal lien upon the property after certification
to the taxing authority.
[Added 8-18-2009 by Ord. No. 2009-14]
A.
A landscaping plan shall be submitted with each site plan or subdivision
application. The plan shall identify existing and proposed trees,
shrubs, bushes, plant material, ground cover and natural features
such as boulders and rock outcroppings within 50 feet of all areas
of proposed disturbance. It shall show where species are or will be
located. When existing natural growth is proposed to remain, the applicant
shall include, in the plans, proposed methods to protect the existing
trees and growth during and after construction. These shall include
fences, berms, curbing, tree walls and similar devices. It is not
the intention to have the developer locate every tree on the site.
Those trees greater than 12 inches dbh (deciduous) or eight inches
dbh (nondeciduous) that are in any areas of disturbance shall be located
on the site plan.
B.
The landscaping plan shall be incorporated into a site map showing
the following:
(1)
Scale and North arrow.
(2)
Location of all existing and proposed buildings and improvements.
(3)
Proposed grading changes.
(4)
Location of all existing trees greater than 12 inches dbh deciduous
or eight inches dbh nondeciduous, and the size and species of each.
The site map shall also show similar trees on adjacent lots, if those
trees are within 10 feet of the property line.
(5)
Which trees will be removed; where replacement trees will be
planted and the size and species of each.
C.
Landscaping design detail requirements.
(1)
At planting, deciduous trees shall have a minimum caliper of
2 1/2 inches. Ornamental and evergreen trees shall be at least
six feet in height. Shrubs shall be at least two feet in height. All
landscape plants shall be typical full specimens which conform to
the American Association of Nurserymen Standards.
(2)
All plants shall be maintained at least 1 1/2 times the
planting height unless otherwise noted on the plans.
(3)
Street trees shall be provided for all streets and shall be
planted in accordance with the standards set forth below:
(a)
Spacing between trees shall be determined based upon species
and the proposed street location. In general, street trees shall be
between 50 feet on center.
(b)
Street trees shall have a minimum caliper of 2 1/2 inches.
Within sight easements, a single deciduous tree may be permitted only
with site-specific approval of the Township Engineer. Such trees,
including those at driveways, shall be of such a size as to enable
them to be immediately pruned up to seven feet branching height.
(c)
Species selection shall be in accordance with this chapter,
unless alternative species are approved by the Municipal Engineer
or Municipal Planner.
(4)
Entrances to sites shall have enhanced landscaping treatment.
(5)
Existing large trees designed to be saved shall not have the
grade varied around the trees by more than six inches.
D.
Landscape maintenance.
(1)
Debris and weed control. This task shall include the removal
of all undesirable litter, debris and weeds. The objective of this
subsection's task is to provide a neat, orderly, well-maintained appearance.
Any objects or plants which create a health or safety hazard or an
unnatural visual nuisance shall be removed immediately.
(2)
Mulching. All planting beds with existing or specified organic
mulch shall be maintained with a minimum two-inch depth of shredded
bark mulch or an equivalent. To maintain this level, new mulch shall
be applied each spring as needed. Areas with decorative stone or other
materials shall be maintained with a neat appearance and at such a
level that no weeds, bare ground or soil are exposed. No mulch shall
touch the plant trunk.
(3)
Plantings. Landscape maintenance shall include the reseeding
or replanting of landscape areas which are damaged, destroyed or failing
due to insects, disease, weather or physical damage. All landscaped
areas which are damaged, destroyed or are failing, as described above,
shall be replaced during the next planting season.
E.
Landscaping requirements for all zones.
(1)
Trees shall not be removed from an area within 25 feet of the
edge of any stream, including seasonal or intermittent streams.
(2)
Landscaping trees. Landscaping trees within the property shall
be planted at a rate of not less than three trees per 5,000 square
feet of disturbed lot area. At least 50% of all the species shall
be selected from the deciduous shade trees list and the balance may
be selected from the landscaping trees list.
(3)
Shrubbery. In addition to the above, shrubbery shall be planted
at a ratio of not less than 10 shrubs per 5,000 square feet of impervious
area. Shrubbery shall be taken from the evergreen species list, medium-sized.
Variety is required to prevent the future die-out of large numbers
of evergreens, in case a disease kills off a particular tree species.
(4)
Buffer planting adjacent to residential zones. Evergreen species
shall be planted in double rows in a zigzag fashion along the buffer
line to provide a dense screen upon three years of growth. When evergreens
are placed along distances of greater than 100 feet of a buffer line,
two or more species or cultivars of evergreens shall be provided in
staggered rows. When evergreens are being placed distances of less
than 100 feet along a buffer line, one or two species or cultivars
of evergreens shall be provided in staggered rows. Buffer planting
shall be in addition to other required landscaping.
(5)
Foundation planting. In addition, foundation landscaping located
within five feet of the foundation shall be provided at a rate of
10 shrubs per 20 linear feet of foundation. Species shall be selected
from the foundation planting list.
(6)
Provisions for parking lot landscaping.
(a)
One shade tree measuring a minimum caliper of 2 1/2 inches
shall be provided for every 10 parking spaces in the vicinity of the
parking lot. The preservation or relocation of existing trees is encouraged
to meet this requirement. This planting is in addition to trees required
for landscape, buffers or street tree planting.
(b)
A curbed planting island of at least four feet in width shall
be placed at the end of each row of parking spaces along an internal
traffic aisle.
(c)
A maximum of 20 parking spaces shall be permitted in a row without
a curbed planting island.
(d)
Landscaping shall be selected so that the mature height will
not cause concerns of obstructing vision.
(7)
Trees damaged after approval. Any tree greater than 12 inches
dbh deciduous or eight inches nondeciduous as designated on the tree
site plan as a tree to be preserved that is determined by the Township
Engineer to have been damaged in any manner during demolition, construction,
grading or landscaping activities, including trees likely to die because
of root disturbances or changes in drainage, shall be replaced by
the developer and planted at locations agreed upon by the Township
Engineer, according to the formula of one two-and-one-half-inch- caliper
tree for each tree removed.
(a)
Trees shall be straight, balled and burlapped, nursery-grown,
free of all wounds or other damage and meeting ANLA (American Nursery
and Landscape Association) standards.
(b)
Where feasible, street trees shall be installed three feet inside
the property line so that the trees will not interfere with overhead
utility lines and sidewalks. Shade tree easements shall be provided
for installation and maintenance purposes where determined by the
Township Engineer to be necessary.
(8)
Tree replacement for residential subdivision and single- or
two-family use. Any development plan that is submitted to the Land
Use Board for application related to a subdivision or other application
for development for a single-family or two-family use shall be required
to replace trees that are greater than eight inches dbh if nondeciduous,
12 inches dbh if deciduous. Replacement trees will be selected from
the deciduous and nondeciduous listing for trees as found in the Township
Land Use Ordinance. The caliper of such replacement trees shall be
two-and-one-half-inch caliper for deciduous trees and one-and-one-half-inch
caliper for nondeciduous trees. In the event that the developer and
the Township Planner concur that not all the trees will fit properly
on the site, the developer shall be required to plant the remaining
required trees on municipally owned property.
F.
Landscaping in buffers.
(1)
Front yard buffers for nonresidential developments along Route
31 and Route 57.
(a)
Landscaped front yard buffer areas separating the parking and/or
building from the traveled way shall be provided for all nonresidential
uses. Front yard landscaping, in alternating groups 10 feet wide,
measured perpendicular to the highway, and in thirty-foot grouping
length, shall be shown on the landscape plan and planted with grasses,
shrubs, deciduous trees and evergreens or constructed of berms, boulders,
mounds or combinations which will enhance the appearance of the site.
Front yard landscaping along these corridors shall require a minimum
of eight shrubs for every 30 feet of frontage. If a landscaped berm
is provided, the berm shall be at least two feet higher than the finish
elevation of the parking lot and planting requirements may be reduced
to five shrubs for every 30 feet of frontage. Front yard landscaping
may be waived by the Board where existing natural growth is found
to be sufficient to meet the objectives of this section and where
year-round leaf display is achieved. No buildings, structures, accessory
structures, parking, driveways, loading areas or storage of materials
shall be permitted in the landscaped front yard. Access driveways,
utilities, fences and security structures may be permitted. Species
selection shall be in accordance with this chapter.
(b)
Front yard landscaping shall not interfere with any required
traffic site distances as established by applicable ASHTO, RSIS, municipal
ordinance, Warren County and/or State of New Jersey regulations and
shall not preclude a driver's view of signage on a commercial site.
(c)
Commercial uses shall provide the following buffers where there
is no intervening roadway:
(d)
Buffers are not applied where there is an intervening roadway
separating districts.
(2)
Landscaping in all transition buffers (nonresidential and multifamily
zones abutting a single-family residential zone where there is no
intervening roadway).
(a)
Design of transition buffers. Arrangement of plantings in buffer
areas shall provide maximum protection to adjacent residential properties.
Planting arrangements include planting in double-parallel or double-serpentine
rows. A minimum of a twenty-five-foot-wide buffer shall be planted
along the common line between these zones.
(3)
Transition buffer planting specifications. At least three plants
shall be provided for every 10 feet of length along the single-family
residential line. All plantings shall be installed according to accepted
horticultural standards. The buffers shall be planted with evergreens
and deciduous trees as follows, subject to approval or modification
of the Board:
(a)
The transition buffer shall be planted with masses and groupings
of shade trees, ornamental trees, evergreen trees and shrubs. No less
than 75% of the plants shall be evergreen trees with a minimum installed
height of six feet. A fence or wall may also be required within the
transition buffer if a solid screening would not be achieved in three
years of plant growth. Said fence shall not exceed a six-foot height
in the side or rear yard and not exceed a four-foot height in the
front yard. The fencing shall be an attractive fence which is compatible
with the neighborhood. Stockade fencing shall not be used.
(b)
More than one type of evergreen species shall be used.
(c)
Where a fence is required, plantings shall be placed along the
outside perimeter of the fence (facing the residential side) but not
closer than five feet to the fence. A solid fence shall not be used
as the sole treatment mechanism in transition buffer areas.
G.
Acceptable deciduous shade trees (includes street trees). A listing
of acceptable species is included in Appendix III of this chapter,
which is on file in the office of the Township Clerk. Acceptable species
and cultivars of major, deciduous shade trees shall include those
listed, but it is noted that indigenous species shall be preferred
over nonindigenous selections.
[Amended 11-9-1988 by Ord. No. 88-11; 3-14-1990 by Ord. No. 90-3]
A.
Fire-fighting water supply.
(1)
Residential subdivisions having five or more lots
shall bring public water to the site if it is within 3,000 feet.
[Amended 8-19-2008 by Ord. No. 2008-15]
(2)
Residential subdivisions having two lots shall bring
public water to the site if it is within 600 feet.
[Amended 8-19-2008 by Ord. No. 2008-15]
(4)
Residential subdivisions having more than five lots,
where public water is not available, shall provide thirty-thousand-gallon
underground water storage tanks. The number and location of the tanks
shall be determined by the Land Use Board Engineer and the Fire Department.
An alternative is to install residential automatic sprinklers throughout
the home in accordance with NFPA 13D or a drafting pond designed in
accordance with ISO (Insurance Service Office of New Jersey) standards.
[Amended 8-19-2008 by Ord. No. 2008-15]
(5)
All commercial, industrial and mercantile buildings
shall have a public or private water supply capable of delivering
water per NFPA 14, NFPA 20, NFPA 22 and NFPA 24.
[Amended 3-19-2002 by Ord. No. 02-5]
B.
In all areas where a public water supply is available or where an extension of a public water supply is required pursuant to Subsection A of this section, the following standards shall apply:
(2)
Fire hydrants located in parking areas shall be protected
by barriers that will prevent physical damage from vehicles.
(3)
Fire hydrants shall be located within three feet of
the curbline of fire lanes, streets or private streets, when installed
along such accessways in new developments.
(4)
Fire hydrants shall be installed in accordance with
the standards of the American Water Works Association. All hydrants
shall be red in color.
[Amended 8-19-2008 by Ord. No. 2008-15]
(5)
Threads of fire hydrant steamer connections shall
be five-inch Storz with cap while threads of fire hydrant hose connections
shall be 2.5 inch National Standard Thread required by the local water
company.
[Amended 3-19-2002 by Ord. No. 02-5; 8-19-2008 by Ord. No. 2008-15]
(6)
In single-family residential developments, one dwelling
unit per lot, fire hydrant spacing shall be based on lot frontage.
For lot frontage less than 175 feet, hydrants shall be spaced every
500 feet. For lot frontage more than 175 feet, hydrants shall be spaced
every 800 feet.
(7)
In all other occupancies, fire hydrants shall be spaced
every 500 feet.
(8)
Fire hydrants connected to a main looped around the
building shall be placed around all proposed buildings which are to
contain hazardous occupancies as defined by the New Jersey Uniform
Construction Code. Spacing of the fire hydrants shall be as determined
by the Land Use Board Engineer and the Fire Department.
(9)
For all industrial, commercial and mercantile buildings
less than 12,000 square feet in ground floor area, fire hydrants shall
be placed within at least 250 feet from the building.
(10)
For all industrial, commercial and mercantile
buildings greater than 12,000 square feet in ground floor area, fire
hydrants shall be placed within at least 100 feet from each end of
the building.
C.
Means of access for Fire Department apparatus.
(1)
Means of access for Fire Department apparatus shall
consist of fire lanes, private streets, streets, parking lot lanes
or a combination thereof.
(2)
Means of access for Fire Department apparatus shall
be provided to all commercial, industrial and multifamily structures.
(4)
Fire access lanes, which are not otherwise required to be constructed as required in Subsection C(3) hereof shall be constructed with six-inch thickness of dense graded aggregate placed on geofabric to a width of 15 feet. If desirable for aesthetic reasons, a four-inch topsoil layer may be placed over the stone layer, in which case the edges of the lane shall be marked with permanent markers acceptable to the approving authority and the Fire Department.
(5)
Parking in any means of access shall not be permitted
within 20 feet of either side of a fire hydrant, sprinkler or standpipe
connection or in any other manner which will obstruct or interfere
with the Fire Department's use of the hydrant or connection.
(6)
"No Parking" signs or other designation indicating
that parking is prohibited shall be provided at all normal and emergency
access points to structures within 40 feet of each fire hydrant, sprinkler
or standpipe connection.
(7)
All buildings shall have fire lanes in front of their
public entrance which shall be at least 20 feet in width, with the
road edge closest to the structure at least 20 feet from the structure.
Single-family residential buildings are exempted from this requirement.
(8)
"No Parking/Tow-Away Zone" signs shall be posted in
accordance with Chapter 92.
(9)
Fire lanes connecting to public streets, roadways
or private streets shall be provided with curb cuts extending at least
two feet beyond each edge of the fire lane.
(10)
Chains or other barriers may be provided at
the entrance to fire lanes or private streets, provided that they
are installed according to the requirements of the Fire Department.
(11)
At least 16 feet of nominal vertical clearance
shall be provided over the full width of streets, private streets,
fire lanes and other means of vehicular access.
(12)
Landscaping or other obstructions shall not
be placed around structures in a manner so as to impair or impede
accessibility for fire-fighting and rescue operations.
(13)
All commercial, industrial and mercantile buildings
in excess of 30,000 square feet shall have a fire lane/road on all
sides of the building.
D.
In all cases where automatic sprinkler systems are
required to be installed pursuant to the New Jersey Uniform Construction
Code, the following standards shall govern:
(1)
Fire Department connections for automatic sprinkler
systems shall be located within 100 feet of a fire hydrant.
(2)
The Fire Department connections shall be on the street
side of buildings and shall be located and arranged so that hose lines
can be readily and conveniently attached to the inlets without interference
from any nearby objects, including buildings, fences, posts or other
Fire Department connections.
(3)
A post indicator valve or a wall indicator valve shall
be provided for each water main feeding an automatic sprinkler system.
(4)
Post indicator valves shall be located not less than
40 feet from buildings. When necessary to place a valve close to a
building, the indicator post shall be located at a blank part of the
wall.
(5)
Post indicator valves shall be set with regard to
the final grade line so that the top of the post will be about 36
inches above the ground.
(6)
Post indicator valves shall be properly protected
against mechanical damage, where needed.
(7)
Buildings with on-site private water supply requiring
a fire pump shall meet the following requirements:
(8)
If a booster pump is required to boost public water
pressure, it shall be powered by an internal-combustion engine (natural
gas, diesel or gasoline). The fire pump shall be installed according
to NFPA 20.
(9)
If a hydraulically calculated design sprinkler system
is installed in any building, the minimum design areas shall be as
follows;
(a)
Light hazard occupancies: 2,000 square feet.
(b)
Ordinary hazard group, one occupancy: 2,000
square feet.
(c)
Ordinary hazard group, two occupancies: 2,000
square feet.
(d)
Ordinary hazard group, three occupancies: 3,000
square feet.
(e)
Extra hazard group, one occupancy: 3,000 square
feet.
(f)
Extra hazard group, two occupancies: 3,000 square
feet.
(g)
All warehousing occupancies: 3,000 square feet.
E.
Fire protection during construction.
(1)
Fire Department vehicular access to all structures
under construction shall be provided at all times. In areas where
ground surfaces are soft or likely to become soft, hard all-weather
surface access roads shall be provided.
(2)
The fire protection water supply system, including
fire hydrants, shall be installed and in service prior to placing
combustible building materials for structures or combustible pretested
fabricated building assemblies on the project site or utilizing them
in the construction of building structures. If phased construction
is planned, coordinated installation of the fire protection water
system is permitted.
(3)
Trash and debris shall be removed from the construction
site as often as necessary to maintain a fire-safe construction site.
(4)
Flammable or combustible liquids shall be stored,
handled or used on the construction site in accordance with the applicable
provisions of NFPA 30, NFPA 58 and NFPA 395.
F.
Where streams or ponds exist or are proposed on lands
to be developed, facilities shall be provided to draft water for fire-fighting
purposes. This shall include access to a street suitable for use by
fire-fighting equipment and construction of or improvements to ponds,
dams or similar on-site development, where feasible. Such facilities
shall be constructed to the satisfaction of the Municipal Engineer
and in accordance with Insurance Services Office of New Jersey Standards.
G.
In order to facilitate access to the roof areas of
buildings by fire company ladders, the finished grade, measured out
from the point where the exterior wall or foundation of a building
meets such grade, shall not exceed a slope of 8% for a distance of
at least 10 feet.
A.
In large-scale development, easements along rear property
lines or elsewhere for utility installation may be required. Such
easements shall be at least 15 feet wide and located in consultation
with the company or companies or municipal departments concerned.
B.
Where a proposed development is traversed by a watercourse,
drainageway channel or street, there shall be provided a storm sewer
easement or drainage right-of-way conforming substantially with the
lines of such course and such further width of construction, or both,
as will be adequate for the purpose.
C.
Natural features, such as trees, brooks, hilltops
and views shall be preserved wherever possible in designing any proposed
development containing such features.
A.
Streets shall be constructed in accordance with the provisions of Chapter 99, Road Specifications, of the Code of the Township of Washington.
[Amended 12-30-1986 by Ord. No. 86-7]
B.
Minor streets shall be designed so as to discourage
through traffic.
C.
The right-of-way width shall be measured from lot
line to lot line and shall be not less than the following:
(1)
Arterial streets: 30 feet.
(2)
Collector streets: 60 feet.
(3)
Minor streets: 50 feet.
(4)
The right-of-way width for internal roads and alleys
in multifamily, commercial and industrial developments shall be determined
on an individual basis and shall in all cases be of sufficient width
and design to safely accommodate the maximum traffic, parking and
loading needs and maximum access for fire-fighting equipment.
D.
Subdivisions that adjoin or include existing streets
that do not conform to widths as shown on the Master Plan or Official
Map or the street width requirement of this chapter or other ordinances
shall dedicate additional width along one or both sides of said road.
If the subdivision is along one side only, 1/2 of the required
extra width shall be dedicated.
E.
Grades or arterial and collector streets shall not
exceed 4%. Grades on other streets shall not exceed 10%. No street
shall have a minimum grade of less than 1/2 of 1%.
F.
Street intersections shall be as nearly at right angles
as is possible, and in no case shall they be less than 60º. The
block corners at intersections shall be rounded at the property line,
with a curve radius of not less than 25 feet nor more than 35 feet.
G.
Street jogs with center-line offsets of less than
125 feet shall be prohibited.
H.
A tangent of at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
I.
When connecting street lines deflect from each other
at any one point by more than 10º and not more than 45º,
they shall be connected by a curve with a center-line radius of not
less than 100 feet for minor streets and 300 feet for arterial and
collector streets.
J.
All changes in grade shall be connected by vertical
curves of sufficient radius to provide a smooth transition and proper
sight distance.
K.
No street or development shall have a name which will
duplicate, or so nearly duplicate as to be confused with, the names
of existing streets in the Township or adjacent municipalities with
the same post office address. The continuation of an existing street
shall have the same name.
All applications for development made prior
to the effective date of this chapter may be continued. Nothing in
this chapter shall require a change in the construction, alteration,
remodeling or moving of a building or structure under a building permit
validly issued prior to such effective date, provided that construction,
alteration, remodeling or moving, based on such building permit, shall
have been commenced within 90 days following such effective date.
Nothing in this chapter shall require a change in the development
permitted by any site plan, minor subdivision or preliminary or final
major subdivision approval issued prior to such effective date, provided
that the development permitted thereunder is implemented within the
time periods applicable under such approval and the prior law applicable
thereto, and provided further that any change subsequent to such effective
date in the use or occupancy of land or a building or structure involved
in or part of such prior application for development, or any construction,
alteration, remodeling or moving of a building or structure subsequent
to such effective date involved in or part of such prior application
for development, shall be subject to the provisions of this chapter.
[Amended 6-12-1985 by Ord. No. 85-9]
All applications for development and all development thereunder shall conform to all applicable provisions of Chapter 123 of the Township Code of the Township of Washington, as amended and supplemented.
Prior to final approval of a subdivision or
site plan, as a condition of such approval, the approving authority
may require, in accordance with the standards of this chapter and
the circulation plan and utility service plan adopted as part of the
Township Master Plan, that the developer pay his pro rata share of
the cost of providing only reasonable and necessary street improvements
and water, sewerage and drainage facilities, and easements therefor,
located outside the property limits of the subdivision or development
but necessitated or required by construction or improvements within
such subdivision or development, it being the intent hereof that the
developer be compelled to bear only that portion of the cost of such
off-tract improvements which bears a rational nexus to the needs created
by and benefits conferred upon the development. Such off-tract improvements
shall be required as follows:
A.
Improvements to be constructed at the sole expense
of the applicant. In cases where no property other than the property
which is the subject of the subdivision or development will receive
a special benefit thereby, the approving authority may require the
applicant, as a condition of approval, at the applicant's expense,
to provide for and construct such improvements as if such were on-tract
improvements in the manner provided hereafter and as otherwise provided
by law.
B.
Other improvements.
(1)
In cases where the need for any off-tract improvement
is necessitated by the proposed development and where the approving
authority determines that the properties outside the property which
is the subject of the subdivision or development will also be benefitted
by the improvement, the approving authority shall forthwith forward
to the governing body a list and description of all such improvements,
together with its request that the governing body determine and advise
the approving authority of the procedure to be followed in the construction
and installation thereof. The approving authority shall act upon the
development application within the prescribed time period subject
to the receipt of the governing body's determination or until the
expiration of 30 days after the forwarding of such list and description
to the governing body without such determination having been made,
unless the applicant shall consent to additional time for such determination,
in which case within such additional time.
(2)
The governing body, within 30 days after the receipt
of such list and description, or within any additional time consented
to by the applicant, shall determine and advise the approving authority
whether:
(a)
The improvement or improvements are to be constructed
or installed by the Township:
[1]
As a general improvement, the cost of which
is to be borne as general expense, except as hereinafter otherwise
provided as to a contribution thereto by the applicant; or
[2]
As a local improvement, all or part of the cost
of which is to be specially assessed against properties benefitted
thereby in proportion to benefits conferred by the improvements in
accordance with law, except as hereinafter otherwise provided as to
a contribution thereto by the applicant.
(b)
The improvement or improvements are to be constructed
or installed by the applicant under a formula for partial reimbursement
as hereinafter set forth.
(3)
If the governing body shall determine that the improvement(s) shall be constructed or installed under subsection B(2)(a)[1] hereinabove, the approving authority shall estimate, with the aid of the Municipal Engineer or such other persons as have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the proposed development property, will be specially benefitted thereby, and the applicant shall be liable to the Township for such excess. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvements in a manner consistent with the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above.
(4)
If the governing body shall determine that the improvement(s) shall be constructed or installed under Subsection B(2)(a)[2] hereinabove, the approving authority shall, as provided in Subsection B(3) hereinabove, estimate the difference between the total costs to be incurred and the total amount by which all properties to be benefitted thereby, including the development property, will be specially benefitted by the improvement, and the applicant shall be liable to the Township therefor, as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvements and the assessment of benefits arising therefrom in a manner consistent with the obligation of the applicant with respect thereto, and proceedings under said ordinance shall be in accordance with law, except to the extent modified by the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above.
(5)
If the governing body shall determine that the improvement or improvements are to be constructed or installed by the applicant under Subsection B(2)(b) hereinabove, the approving authority shall in like manner estimate the amount of such excess, and the applicant shall be liable to the Township therefor as well as for the amount of any special assessments against the development property for benefits conferred by the improvements. However, the applicant shall be entitled to be reimbursed by the Township for the amount of any special assessment against property other than the development property for benefits conferred by the improvement(s), such reimbursement to be made if, as and when the special assessments against such other property are received by the Township. Further, the governing body shall adopt an ordinance authorizing and providing for the assessment against all properties, including the development property, of benefits conferred by the improvement(s), and proceedings under said ordinance shall be in accordance with law. However, any such assessment against the development property shall be marked paid and satisfied in consideration of the construction or installation of the improvement or improvements by the applicant.
C.
Performance guaranty. The applicant shall be required
to provide, as a condition for final approval of the development application,
a performance guaranty running to the Township, based upon a performance
guaranty cost estimate determined as follows:
(1)
If the improvement is to be constructed by the applicant under Subsection A hereinabove or under Subsection B(2)(b) hereinabove, a performance guaranty cost estimate in an amount equal to the estimated cost of the improvement, or as to any part of said improvement that is to be acquired or installed by the Township under said Subsection A, equal to the estimated cost of such acquisition or installation by the Township.
(2)
If the improvement is to be constructed by the Township as a general improvement under Subsection B(2)(a)[1] hereinabove, a performance guaranty cost estimate equal to the amount of the excess of the estimated cost of the improvement over the estimated total amount by which all properties, including the development property, will be specially benefitted thereby.
(3)
If the improvement is to be constructed by the Township as a local improvement under Subsection B(2)(a)[2] hereinabove, a performance guaranty cost estimate equal to the amount referred to in the preceding Subsection C(2) immediately above, plus the estimated amount by which the development property will be specially benefitted by the improvement.
D.
Refund of deposit where improvements are not authorized
within two years. In any case in which an applicant shall deposit
money with the Township for the completion of an improvement that
is to be constructed, pursuant to this chapter, by the Township, the
applicant shall be entitled to a full refund of such deposit if the
governing body shall not have enacted an ordinance authorizing the
improvement within two years after the date that all other development
improvements are completed.
E.
Deposit of funds. All moneys paid by an applicant
pursuant to this section shall be paid over to the Township Treasurer,
who shall provide a suitable depository therefor. Such funds shall
be used only for the improvements for which they are deposited or
improvements servicing the same purpose.
F.
Time for applicant to construct. If the applicant
is required to construct or install the off-tract improvement pursuant
to this section, the approving authority may establish a reasonable
time within which such improvements shall be constructed or installed,
and such time period as well as the satisfactory construction or installation
of such improvements according to all applicable laws and regulations,
including those contained in this chapter, shall be conditions of
any performance guaranty.
G.
Redetermination of assessment upon completion of improvement.
Upon completion of off-tract improvements required pursuant to this
chapter, the applicant's liability hereunder shall be recalculated
in accordance with the actual, as compared with the estimated, cost
of the improvements. To the extent that such recalculation shall increase
the amount of any cash deposit made by the applicant hereunder, the
applicant shall forthwith pay the amount of such increase to the Township.
To the extent that it shall decrease the amount thereof, the Township
shall forthwith refund the amount of such decrease to the applicant.
In cases where improvements are specially assessed against all benefitted
properties, recalculation shall be made by the Township assessing
authority in the course of the special assessment proceedings. In
other cases, it shall be made by the Municipal Engineer.
H.
Any performance guaranty cost estimate required under § 64-12B as it applies to off-tract improvements whose cost is to be prorated only shall be calculated under § 64-37C. As it applies to other off-tract improvements, it shall be calculated as provided in § 64-12B and shall include the cost of such improvements.
[Added 6-11-1980]
[Added 6-12-1985 by Ord. No. 85-9]
Apartment and/or townhouse development shall
meet the following design and performance standards which, to the
extent they may conflict with other design and performance standards
contained in this chapter, shall supersede such other conflicting
standards:
A.
Drainage.
(1)
Where nonstructural means of channeling surface runoff,
such as swales, are feasible and adequate, such nonstructural means
shall be preferred. If used, swales shall have a bottom elevation
that will allow any water under the roadway or parking lot to seep
out and drain away, have side slopes no steeper than three horizontal
to one vertical, have a flat four-foot-wide bottom, be planted to
stabilize the soils along the sides and bottom according to the soil
types, have capacity for the computed runoff, be sloped to handle
the rate of runoff while not eroding the soil and allow a design flow
of at least 0.5 foot per second, but not more than two feet per second.
Intersections shall be crowned to assure positive drainage into the
swales. Where pipes are installed at road or driveway crossings or
other required locations, the pipes shall be continuations of the
swales.
(2)
The system shall be adequate to carry off the stormwater
and natural drainage which originates beyond the lot or tract boundaries
and also that which originates beyond the lot or tract boundaries
in the current state of development. No stormwater runoff or natural
drainage water shall be so diverted as to overload existing drainage
systems or create flooding or the need for additional drainage structures
on other private properties or public lands, without proper and approved
provisions being made for taking care of these conditions.
(3)
Techniques for computing water runoff shall be as
follows:
(4)
Storm sewers, open channels, bridges and culverts
shall he designed for minimum flow capacities as follows:
|
Type
|
Design Capacity Frequency of Storm
(years)
| |
|---|---|---|
|
Collection systems
|
15
| |
|
Culverts
|
25
| |
|
Emergency spillway system from detention system
|
100
|
(5)
All materials used in the construction of storm sewers,
bridges and other drainage structures shall be in accordance with
the specifications of the Standard Specifications for Road and Bridge
Construction of the New Jersey Highway Department, current edition,
and any supplements, addenda and modifications thereof, unless otherwise
specified by the approving agency. Lesser specifications may be approved
by the approving authority.
(6)
Lots and buildings shall be graded to secure proper
drainage away from buildings. Additionally, drainage shall be provided
in a manner which will prevent the collection of stormwater in pools
or other unauthorized concentrations of flow.
(7)
Detention or retention basins shall be required to
hold stormwater runoff such that the rate of discharge from the site
after development will not exceed predevelopment rates. A waiver of
this provision may be granted only when the applicant shows the additional
runoff resulting from the proposed development will not exceed four
cubic feet per second. When a basin is required, it shall have the
demonstrated capacity to attenuate storms of two- , ten- and one-hundred-year
frequencies. The design shall contain flood routing through the facility
in the form of an inflow-outflow hydrograph using any of the following
methods: the Puls method, Muskingum method, average lag method or
other method approved by the Township Engineer. The inflow hydrograph
shall be determined by the triangular or Soil Conservation Service
method, whichever is applicable, or other method approved by the Township
Engineer.
(8)
Approval of drainage structures shall be obtained
from the appropriate Township, county, state and federal agencies
and offices.
(9)
Where required by the Township, and as indicated on
an improved development plan, a drainage right-of-way easement shall
be provided to the Township where a tract or lot is traversed by a
drainageway, channel or stream. The drainage right-of-way easement
shall conform substantially with the lines of such watercourse and,
in any event, shall meet any minimum widths and locations as shown
on the Official Map and/or Master Plan.
B.
Lighting.
(1)
Streetlighting shall be provided for all street intersections
and along local streets, parking areas and anywhere else deemed necessary
for safety reasons.
(2)
Any outdoor lighting, such as building and sidewalk
illumination, driveways with no adjacent parking, the lighting of
signs and ornamental lighting, shall be shown on the lighting plan
in sufficient detail to allow a determination of the effects upon
adjacent properties, roads and traffic safety from glare, reflection
and overhead sky glow in order to recommend steps needed to minimize
these impacts.
(3)
Specific lighting requirements. The maximum intensity
of lighting permitted on roadways shall be as follows:
|
Type of Roadway
|
Average Maintained Horizontal Illumination
for Residential Areas
(footcandles)
| |
|---|---|---|
|
Walkways
|
0.6
| |
|
Parking areas
|
0.5
| |
|
Local streets
|
0.5
|
C.
Sanitary sewers. The developer shall design and construct
sewage collection facilities in accordance with applicable state and
local requirements and in such a manner as to make adequate sewage
treatment available to each lot and structure within the development
from said treatment and collection system. The developer shall provide
the approving authority with a copy of the agreement with the sewer
utility, if any is providing the sewer service.
D.
Streets.
(1)
All developments shall be served by paved streets
in accordance with the approved subdivision and/or site plan, and
all such streets shall have adequate drainage.
(2)
Local streets shall be planned so as to discourage
through traffic.
(3)
Rights-of-way and cartways.
[Amended 12-28-1989 by Ord. No. 89-15]
(a)
The minimum public street right-of-way and cartway
shall be 50 feet and 30 feet, and the minimum private street cartway
shall be 30 feet.
(b)
Parking shall be prohibited on all streets designated
by the approving authority as collector streets.
(c)
Perpendicular or angle parking on the cartway
is prohibited.
(4)
Street intersections shall be as nearly at right angles
as is possible and in no case shall be less than 80º. Approaches
to all intersections shall follow a straight line for at least 100
feet or a curve with a radius of not less than 600 feet. No more than
two streets shall meet or intersect at any point, and the center lines
of both intersecting streets shall pass through a common point.
(5)
A tangent of at least 100 feet shall be provided between
reverse curves on collector streets.
(6)
Culs-de-sac shall be no more than 1,250 feet in length
and shall provide access to no more than 80 dwelling units. A turnaround
shall be provided at the end of the cul-de-sac with a paved turning
radius of 40 feet and a right-of-way, in the case of public streets,
of 100 feet.
(7)
The paved standard for all roads and driveways shall
be four inches of bituminous stabilized base course, Mix I-2, placed
on an approved compacted subgrade with a two-inch surface course,
Mix I-5, in accordance with New Jersey Department of Transportation
Standard Specifications for Road and Bridge Construction, 1983.
(8)
The pavement standard for parking areas shall be three
inches of bituminous stabilized base course and 1 1/2 inches
of surface course placed on an approved subgrade.
(9)
The applicant may submit soil tests and a report by
a professional engineer demonstrating that other pavement designs
will be adequate for the proposed traffic.
E.
Curbs and gutters. Curbs and gutters need not be provided
except in locations where drainage control and/or erosion control
are necessary. Bituminous curbing may be substituted for concrete
curbing.
F.
Sidewalks. Sidewalks shall be installed in locations
determined by the approving authority to be in the interest of public
safety and proper pedestrian circulation. Sidewalks need not follow
all streets and in some instances may better follow open space corridors.
The determination of whether sidewalks are needed and where they are
best located shall be based on public safety, considering the intensity
of development, the probable volume of pedestrian traffic, the adjoining
street classification where sidewalks parallel streets, the access
to school bus stops and recreation areas and the general type of improvement
intended.
G.
Water supply.
(1)
Water mains shall be constructed in such a manner
as to make adequate water service available to each lot or building
within the development. The system shall be designed and constructed
in accordance with applicable state and local requirements, and the
applicant shall provide the approving authority with a copy of the
written agreement with the water company supplying the water service.
(2)
Fire hydrants of a type and in number and location
approved by the Township Engineer, with the advice of the Chief of
the fire company serving the area of the development, shall be installed
by the developer.
H.
Inspection. All work under this section shall be performed
under the inspection of the Township Engineer or his designated representatives.
I.
Standards. All of the standards listed herein shall
be equally applicable to apartments or townhouses constructed in the
A/TH Zone or elsewhere in the Township where the same may be authorized
by ordinance or variance.
[Added 6-8-1988 by Ord. No. 88-7; amended 2-8-1989 by Ord. No. 89-2]
A.
Sanitary sewerage facilities, including but not limited
to laterals, interceptors, manholes, pumping stations, curb connections,
cleanouts and house connections to outside foundation walls, shall
be installed so as to permit future connection to a public sewage
disposal system in all areas which have been or may from time to time
be designated for future service by a sanitary sewerage system, as
outlined in the Wastewater Management Plan for the Township of Washington,
as amended and supplemented.
B.
The design and installation of the aforesaid sanitary
sewerage facility shall be subject to the approval of the Washington
Township Sewerage Authority, and Warren County Health Department and
the New Jersey Department of Environmental Protection.
