The authority to regulate land subdivisions is contained
in N.J.S.A. 40:55D-1, et seq.
19-1.1.
Title. This chapter shall be known as the "Land Subdivision and Site
Plan Review Ordinance of the Borough of Carlstadt.
19-1.2.
Purpose. These regulations are deemed necessary to:
a.
Protect
the character, stability and orderly development of all areas of the
community.
b.
Secure
safety from fire, flood, panic and other natural and man-made disasters
and hazards.
c.
Encourage
the proper location and design of streets.
d.
Promote
a desirable visual and aesthetic environment through creative development
techniques and good civic design and arrangements.
e.
Promote
the conservation of open space and valuable resources.
f.
Prevent
degradation of the environment through improper land use.
g.
Provide
adequate light, air and open space.
h.
Provide
rules, regulations and procedures which will guide the appropriate
development of lands within the community in order to promote the
public health, safety, morals and general welfare.
In addition to the above purposes, all those objectives set
forth in N.J.S.A. 40:55D-2, as amended and applicable hereto, are
incorporated herein by reference.
19-1.3.
Future Amendments. All amendments of this chapter shall be adopted
in accordance with the provisions of New Jersey Law.
19-1.4.
Interpretation of Provisions. In the interpretation and the application
of the provisions of this chapter, they shall be held to the minimum
requirements for the promotion of the health, safety, morals and general
welfare. It is not intended to interfere with, abrogate or annul other
rules, regulations or ordinances, provided that where this chapter
imposes greater restrictions, the provisions of this chapter shall
apply.
19-1.5.
Copies to be Filed with the County. Immediately upon adoption of
this chapter, the borough clerk shall file a copy with the County
Planning Board, as required by law.
19-1.6.
Pending Applications. This chapter shall apply to all applications
for development pending at the time of its adoption, to the extent
permitted by law.
19-1.7.
Definitions and Word Usage.
a.
Statutory
Definitions. Whenever a term is used in this chapter which is defined
in N.J.S.A. 40:55D-1, et seq., as amended, such term is intended to
have the meaning set forth in the definition of such term found in
such statute, unless a contrary intention is clearly expressed from
the context of this chapter.
b.
Multiple
Variations. Words used in the present tense include the future; the
singular number shall include the plural, and the plural singular;
the word "structure" shall include the word "building"; the word "person"
includes a corporation as well as an individual, as more fully defined
in Chapter 1; the word "lot" includes the word "plot"; the word "occupied"
includes the words "designated or intended to be occupied"; the word
"used" shall include the words "arranged, designed, constructed, altered,
converted, rented, leased or intended to be used"; and the word "may"
is permissive.
c.
Conflict
with Statutory Definitions. The definitions contained herein are intended
to supplement and/or mirror those definitions set forth in N.J.S.A.
40:55D-3, et seq. In the event that a particular statutory definition
is excluded here from or is at variance with the required statutory
definition, then the required statutory definition shall apply in
the enforcement of this chapter.
d.
ADMINISTRATIVE OFFICER
APPLICANT or DEVELOPER
1.
2.
APPLICATION FOR DEVELOPMENT
APPROVING AUTHORITY
BOARD
COMMON OPEN SPACE
COMPLETE APPLICATION
1.
2.
CONDITIONAL USE
CONVENTIONAL DEVELOPMENT
COUNTY PLANNING BOARD
DAYS
DENSITY
DEVELOPMENT
DIVISION
DRAINAGE
DRAINAGE RIGHT-OF-WAY
ENVIRONMENTAL COMMISSION
EROSION
FINAL APPROVAL
FLOOR AREA
FLOOR AREA RATIO
GOVERNING BODY
HISTORIC SITE
INTERESTED PARTY
LAND
LOT
MAINTENANCE GUARANTEE
MAJOR SUBDIVISION
MASTER PLAN
MINOR SITE PLAN
1.
2.
3.
MINOR SUBDIVISION
OFFICE BUILDING
OFFICIAL MAP
OFF-SITE
OFF-TRACT
ON-SITE
ON-TRACT
OPEN SPACE
PARTY IMMEDIATELY CONCERNED
PERFECTED APPLICATION
PERFORMANCE GUARANTEE
PHYSICAL HANDICAP
PLAT
PRELIMINARY APPROVAL
PRELIMINARY FLOOR PLANS AND ELEVATIONS
PUBLIC AREAS
PUBLIC BUILDING
PUBLIC DRAINAGE WAY
PUBLIC OPEN SPACE
RESIDENTIAL CLUSTER
RESIDENTIAL DENSITY
RESUBDIVISION
SEDIMENTATION
SIGHT TRIANGLE
SITE PLAN
SKETCH PLAT
STREET
STRUCTURE
SUBDIVISION
1.
2.
3.
4.
5.
TRANSCRIPT
Definitions.
Unless the context otherwise indicates, the following definitions
shall be used in the interpretation and construction of this chapter:
The borough clerk, unless a different borough official or
officials are designated.
A developer submitting an application for development.
The legal or beneficial owner or owners of a lot or of any land
proposed to be included in the proposed development, including the
holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in the land.
The application form and all accompanying documents required
for approval of a subdivision plat, site plan, conditional use, zoning
variance or direction for the issuance of a permit.
The Planning Board or the Zoning Board of Adjustment of the
Borough of Carlstadt, as the case may be.
The Planning Board or Zoning Board of Adjustment of the Borough
of Carlstadt.
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. "Common open space" may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
An application for development shall be complete for purposes
of commencing the applicable time period for action, when so certified
by the board or its authorized committee or designee. In the event
that the board committee or designee does not certify the application
to be complete within 45 days of the date of its submission, the application
shall be deemed complete upon the expiration of the forty-five-day
period for purposes of commencing the applicable time period, unless:
The application lacks information indicated on the checklist,
adopted herein, and provided to the applicant; and
The board, or its authorized committee or designee, has notified
the applicant, in writing, of the deficiencies in the application
within 45 days of submission of the application.
|
The applicant may request that one or more of the submission
requirements be waived, in which event the board, or its authorized
committee, shall grant or deny the request within 45 days.
|
|
Nothing herein shall be construed as diminishing the applicant's
obligation to prove in the application process that (s)he is entitled
to approval of the application.
|
|
The board may subsequently require correction of any information
found to be in error and submission of additional information, not
otherwise specified, as are reasonably necessary to make an informed
decision as to whether the requirements necessary for approval of
the application for development have been met. The application shall
not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
board.
|
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use,
as contained in the zoning chapter of this code, and upon the issuance
of an authorization therefor by the planning board.
Development other than planned development.
The County Planning Board, as defined in N.J.S.A. 40:27-6.1,
of the Bergen County.
The number of calendar days for the purposes of this chapter.
The permitted number of dwelling units per gross area of
land to be developed.
The division of a parcel of land into two or more parcels,
or the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining excavation or landfill, any building or other structure
or land or extension of use of land for which permission may be required.
The Division of State and Regional Planning in the New Jersey
Department of Community Affairs.
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground, where practical, to lessen
nonpoint pollution and to maintain the integrity of stream channels
for their biological functions as well as for drainage and the means
necessary for water supply preservation or prevention or alleviation
of flooding.
The lands required for the installation of stormwater sewers
or drainage ditches, or required along a natural stream or watercourse,
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood.
The municipal advisory body created pursuant to N.J.S.A 40:56A-1,
et seq.
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
The official action of the approving authority taken on a
preliminary approved major subdivision or site plan after all conditions,
engineering plans and other requirements have been completed or fulfilled
and the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties, which approval, in the case of subdivisions, shall
be filed with the County recording officer. "Final approval" may also
encompass preliminary approval at the simultaneous time if, in the
opinion of the approving authority, both final approval and preliminary
approval may be granted in accordance with the rules and standards
required by law.
The sum of the gross horizontal areas of the several floors
of a building, measured from the exterior walls in a building. "Floor
area" shall not include areas devoted to mechanical equipment serving
the building, stairways and elevators, or areas devoted exclusively
to off-street parking and loading space for motor vehicles, or to
any space where floor-to-ceiling height shall be less than seven feet.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
The mayor and borough council of the Borough of Carlstadt.
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of this State,
its communities or the nation, and has been so designated.
Any person, whether residing within or without the borough,
whose right to use, acquire or enjoy property is affected by an action
taken under this chapter or whose rights to use, acquire or enjoy
property under this chapter, or under any other law of the borough,
this State or the United States, have been denied, violated or infringed
by an action or failure to act under this chapter.
Includes improvements and fixtures on, above or below the
ground surface.
A designated parcel, tract or area of land established by
a plat, or otherwise as permitted by law, and to be used, developed
or built upon as a unit.
Security, other than cash, which may be accepted by the borough
for the maintenance of any improvements required by this chapter.
Any subdivision not classified as a minor subdivision.
A composite of one or more written or graphic proposals for
the development of the borough, which has been duly adopted by the
planning board.
A development plan of one or more lots which:
Proposes new development within the scope of development specifically
permitted by ordinance as a minor site plan;
Does not involve planned development, any new street or extension
of any off-tract improvement which is to be prorated pursuant to N.J.S.A.
40:55D-42; and
Contains the information reasonably required in order to make
an informed determination as to whether the requirements established
by ordinance for approval of a minor site plan have been met.
Any subdivision containing not more than three lots fronting
upon an existing street, provided that such subdivision does not involve
a planned unit development, any new street or the extension of any
off-tract improvement, the cost of which is to be prorated pursuant
to N.J.S.A. 40:55D-42.
Under the provisions of N.J.S.A. 52:32-4, et seq., pertaining
to physically handicapped persons, a building or structure of more
than 10,000 square feet of gross floor area wherein commercial or
business activity or service is performed or practiced in all, or
the majority of, such building or structure.
A map and accompanying ordinance adopted by the governing
body pursuant to law. Such a map shall be deemed to be conclusive
with respect to the location and width of streets and public drainage
ways and the location and extent of flood control basins and public
areas, whether or not such streets, ways, basins or areas are improved
or unimproved or are in actual physical existence.
Located outside the lot lines of the lot in question, but
within the property of which the lot is a part which is the subject
of the development application, or on a contiguous portion of a street
or right-of-way.
Not located on the property which is the subject of the development
application nor on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of the development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designed or reserved for public or private
use or enjoyment, or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets,
off-street parking and other improvements that are designed to be
incidental to the natural openness of the land.
Any applicant for development, the owners of the subject
property and all owners of property and government agencies entitled
to notice.
One that is submitted in a proper and complete form, including
all required application forms, maps and reviews, prior to scheduling
of a public hearing, where required, or formal action being taken
by the approving authority. All required fees must be submitted and
filed within the appropriate time schedules. Proof is required that
no taxes or assessments for local improvements are due or delinquent
on the property for which approval is sought. All other governmental
approvals must be received by the approving authority within the required
time periods. This definition is to be read in pari materia with the
definition of "complete application" in this section.
Any security which may be accepted by the borough, including
cash, provided that the borough shall not require more than the amount
permitted by law in cash.
A physical impairment which confines a person to a wheelchair;
causes a person to walk with difficulty or insecurity; affects the
sight or hearing to the extent that a person functioning in public
areas is insecure or exposed to danger; causes faulty coordination;
or reduces mobility, flexibility, coordination and perceptiveness
to the extent that facilities are needed for the safety of that person.
A map or maps of a subdivision or site plan, pursuant to
the provisions of this chapter.
The conferral of certain rights pursuant to this chapter
prior to final approval after specific elements of a development plan
have been agreed upon by the approving authority and the applicant.
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating, in a schematic form,
its scope, scale and relationship to its site and immediate environs.
Public areas includes:
Under the provisions of N.J.S.A. 54:32-4, et seq., pertaining
to physically handicapped persons, any building, structure, facility
or complex used by the general public, including but not limited to
theaters, concert halls, auditoriums, museums, schools, libraries,
recreational facilities, public transportation terminals and stations,
factories, office buildings, business establishments, passenger vehicle
service stations, shopping centers, hotels or motels and public eating
places constructed by any state, county or municipal government agency
or instrumentality or any private individual, partnership, association
or corporation, with the following exceptions: one- to four-family
private residences, warehouse storage areas and all buildings classified
as hazardous occupancies. As used herein, "hazardous occupancy" means
the occupancy or use of a building or structure, or any portion thereof,
that involves highly combustible, highly flammable or explosive material
or which has inherent characteristics that constitute a special fire
hazard.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse, for preserving the biological as well as drainage function
of the channel and providing for the flow of water to safeguard the
public against flood damage, sedimentation and erosion and to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground, where practical, and to lessen nonpoint
pollution.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, Board of Education, state or county agency or other
public body for recreational or conservational uses.
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portion of
a development.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law, or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
The depositing of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product or erosion.
A triangle-shaped easement established at the intersection
of two streets, or a driveway and a street, in which nothing shall
be erected, placed, planted or allowed to grow in such a manner as
to obstruct vision over a height of three feet above the curb level
of the street or driveway. The borough shall have the right of entry
to remove any obstruction to vision within the sight triangle area
not conforming to the standards of this definition, following due
notice to the property owner. Sight triangles shall be determined
along such street lot lines or edge of driveway, 25 feet distant from
their joint intersection.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including, but not
necessarily limited to, topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting
and screening devices; and any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter.
The sketch plat of a subdivision, to be used for the purpose
of discussion and classification and meeting the requirements of subsection
19-2.3, herein.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway;
which is shown upon a plat heretofore approved pursuant to law; which
is approved by official action, as provided by the Municipal Land
Use Act, or which is shown on a plat duly filed and recorded in the
office of the county recording officer prior to the appointment of
a planning board and the grant to such board of the power to review
plats, and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks and parking areas within the street. For the purpose of
this chapter, "streets" shall be classified as follows:
|
ARTERIAL STREETS — Those which are used primarily
for fast or heavy traffic.
|
|
COLLECTOR STREETS — Those which carry traffic
from minor streets to the major system of arterial streets, including
the principal entrance streets of a residential development and streets
for circulation within such a development.
|
|
MARGINAL ACCESS STREETS — Those which are parallel
and adjacent to arterial streets and highways and which provide access
to abutting properties and protection from through traffic.
|
|
MINOR STREETS — Those which are used primarily
for access to the abutting properties.
|
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered "subdivisions"
within the meaning of this chapter if no new streets are created or
extension of utilities is required:
Divisions of land found by the approving authority to be for
agricultural purposes, where all resulting parcels are five acres
or larger in size;
Divisions of property by testamentary or intestate provisions;
Division of property upon court order, including but not limited
to judgements of foreclosures;
Consolidation of existing lots by deed or other recorded instrument;
and
The conveyance of one or more adjoining lots, tracts or parcels
of land owned by the same person or persons, and all of which are
found and certified by the administrative officer to conform to the
requirements of the municipal development regulations, and are shown
and designated as separate lots, tracts or parcels on the tax map
of the borough. The term "subdivision" shall also include the term
"resubdivision."
A typed or printed verbatim record of the proceedings, or
a reproduction thereof.
19-1.9.
Fees. The fees applicable to proceedings pursuant to the provisions
of this chapter shall be as set forth in section 4-9 of this revision.
19-1.10.
Minimum Standards; Waivers. The rules, regulations and standards
contained herein shall be considered the minimum requirements for
the protection of the public health, safety and welfare. Any action
taken under the terms of this chapter shall give primary consideration
to the above-mentioned matters and to the welfare of the entire community.
However, if the applicant can clearly demonstrate that, because of
peculiar conditions pertaining to his/her land, the literal enforcement
of one or more of these regulations is impracticable or will exact
undue hardship, the approving authority may permit such waivers as
may be reasonable and within the general purpose and intent of the
rules, regulations and standards established by this chapter.
The waiver provisions of this section shall be applicable to
the entire chapter, except where specifically prohibited by law.
Any waiver provided hereunder by the approving authority shall
be specified in the written resolution of approval, whether conditional
or otherwise, with the reasons for granting such waiver also specified.
19-2.1.
Submission of Sketch Plat; Number of Copies. Any applicant for land
subdivision shall submit 12 copies of a sketch plat of the proposed
subdivision for the purpose of classification and preliminary discussion.
The sketch plat shall be submitted to the administrative officer at
least two weeks prior to the regular meeting of the approving authority.
19-2.2.
Plats Classified as Major Subdivisions. If the plat is classified
as a major subdivision, a notation to that effect shall be made on
the plat, which shall be returned to the applicant for compliance
with the procedures set forth in subsections 19-3.2 and 19-3.3.
19-2.3.
Sketch Plat Requirements.
a.
The
sketch plat shall be based on tax map information or other similarly
accurate base, at a scale of not less than 50 feet to the inch.
b.
The
entire tract shall be shown on one sheet.
c.
The
sketch plat shall show or include the following information:
1.
The location of that portion which is to be subdivided in relation
to the entire tract.
2.
All existing structures and wooded areas within the portion to be
subdivided.
3.
The names of the owners and of all adjoining property owners, as
disclosed by the most recent municipal tax records.
4.
The tax map sheet, block and lot numbers.
5.
All streets, roads, railroads and streams within 500 feet of a subdivision.
19-3.1.
Minor Subdivisions.
a.
Applications.
1.
Copies, Time for, Fees. An application shall be submitted to the
administrative officer and/or the secretary of the planning board
in writing and shall consist of 18 copies, on forms supplied by the
approving authority. The application for minor subdivision approval
shall be filed no less than 14 days prior to the regular meeting date
of the approving authority. Required fees, as provided in subsection
4-9.1 of this revision, shall be submitted with the application.
2.
Approvals from Other Agencies. Whenever review or approval is required
by the County Planning Board or a state agency, the approving authority
shall not accept an application as perfected unless receipt of approval
is received from such county or state agency. Under appropriate circumstances,
the approving authority may condition its approval upon a timely receipt
of a favorable report from such county or state agency.
b.
Map
Requirements.
1.
The application shall be accompanied by 18 copies of the proposed
subdivision, accurately drawn to a scale of not less than one inch
equals 50 feet, and certified by a licensed land surveyor.
2.
The minor subdivision plat may be in conformance with the Map Filing
Act, N.J.S.A. 46:23-9.9, et seq., and shall indicate:
(a)
The location of the lots to be created in relation to the entire
tract.
(b)
All existing structures and wooded areas within the subdivision and
within 200 feet thereof.
(c)
The name of the owner and of all adjoining properties, as disclosed
by the most recent municipal tax records.
(d)
The tax map sheet, block and lot number.
(e)
All streets and streams within 200 feet of the subdivision.
(f)
The area, in square feet, of all lots to be created.
(g)
A key map showing the entire subdivision and its relation to surrounding
areas.
(h)
Easements, streets, buildings, watercourses, railroads, bridges,
culverts, drainpipes, rights-of-way, drainage easements and prior
variances.
(i)
Acreage of the entire parcel to be subdivided.
(j)
History of any previous actions or restrictions on the property.
c.
Time
for Decision.
1.
The approving authority shall grant or deny approval within 45 days
of submission of a complete and perfected application, or within such
time as may be consented to, in writing, by the applicant.
2.
Failure of the approving authority to act within the time period
shall constitute minor subdivision approval. A certificate as to such
failure by the approving authority shall be issued, on request of
the applicant, by the administrative officer, whose signature shall
be sufficient in lieu of the chairperson and the secretary of the
approving authority, and shall be so accepted by the county recording
officer for the purpose of filing subdivision plats.
d.
Minor
Subdivision Approval.
1.
Minor subdivision approval shall be deemed to be final approval of
the subdivision, subject to paragraph e. below.
2.
Approval of the minor subdivision shall expire 190 days from the
date of approval by the approving authority, unless within such period
a plat in conformance with the Map Filing Act, N.J.S.A 46:23-9.9,
et seq., or a deed clearly describing the approved minor subdivision,
is filed by the developer with the county recording officer, the borough
engineer and the borough tax assessor. In addition, copies shall be
submitted to the borough clerk, construction official and the administrative
officer.
3.
Any such plat or deed accepted for such filing shall have been signed
by the chairperson and secretary of the approving authority.
e.
Effect
of Minor Subdivision Approval. The zoning requirements and general
terms and conditions, whether conditional or otherwise, shall not
be changed or abridged for a period of two years after the date of
minor subdivision approval, provided that the approved minor subdivision
shall have been duly recorded, as provided herein.
f.
Guarantees.
Before recording a minor subdivision plat, or deed in lieu thereof,
the approving authority may require the installation and maintenance
of on and off-tract improvements. Such improvements may require the
furnishing of performance and maintenance guarantees, in accordance
with section 19-8.
19-3.2.
Preliminary Approval for Major Subdivisions.
a.
Applications.
Applications shall be submitted to the administrative officer, in
writing, in triplicate, on forms supplied by the approving authority.
Applications for preliminary major subdivision approval must be filed
no less than 14 days prior to the regular meeting date of the approving
authority. Required fees, as provided in subsection 4-9.2 of this
revision, shall be submitted with the application.
b.
Preliminary
Plat Requirements. The application shall be accompanied by 18 copies
of the proposed subdivision, accurately drawn to a scale of not less
than one inch equals 50 feet, and certified by a licensed land surveyor
as to existing features and boundaries. The subdivision plat shall
be in conformance with the Map Filing Act, N.J.S.A. 46:23-9.9, et
seq. All design features shall be prepared by a licensed professional
engineer.
c.
Preliminary
Plat Details. The preliminary plat shall contain the following:
1.
Date. All revisions shall be noted and dated.
2.
Key Map. A key, map showing the location of the tract with reference
to the surrounding properties, existing streets and streams within
500 feet of the subdivision.
3.
Map Identification. The title of the development; North arrow; scale;
block and lot numbers; the name and address of the record owner; and
the name and address, license number and seal of the person preparing
the subdivision. If the owner of the premises is a corporation, the
name and address of the president and secretary shall be submitted
on the application.
4.
Measurements. All distances shall be in feet and decimals of a foot,
and all bearing shall be given to the nearest 10 seconds.
5.
Adjacent Owners. The names, as shown on current tax records, of all
owners of property within 200 feet of the subdivision, together with
the block and lot number of the property.
6.
Zoning District. The zoning district in which the parcel is located,
together with the zone boundaries within 200 feet of the extreme limits
of the property in question.
7.
Survey Data. Survey data showing boundaries of the property, building
or setback lines, lines of existing and proposed streets and lots,
reservations, easements, areas dedicated to public use, including
grants, restrictions and rights-of-way, to be prepared by a licensed
land surveyor.
8.
Restrictions. Reference to any existing or proposed covenants, deed
restrictions, exceptions or variances, covering all, or any part,
of the parcel. A copy of such covenants, deed restrictions, exceptions
and variances shall be submitted with the application.
9.
Intersections. The distances, measured along the right-of-way lines
of existing streets abutting the property, to the nearest intersections
with other public streets.
10.
Structures. Location of existing buildings and all other structures,
including walls, fences, culverts and bridges, with spot elevations
of such buildings and structures. Structures to be removed shall be
indicated by dashed lines. Structures to remain shall be indicated
by solid lines.
11.
Drainage and Utilities. Location of all existing and proposed storm
drainage structures and utility lines, whether publicly or privately
owned, with pipe sizes, grades and direction of flow, locations of
inlets, manholes or other appurtenances, and appropriate invert and
other elevations. If any existing utility lines are underground, the
estimated location of such utility lines shall be shown.
12.
Contours. Existing and proposed contours, referred to United States
Coast and Geodetic Survey datum, with a contour interval of one foot
for slopes of less than 3%, an interval of two feet for slopes of
more than 3% but less than 15%, and an interval of five feet for slopes
of 15% or more. Existing contours are to be indicated by dashed lines,
and proposed contours are to be indicated by solid lines.
13.
Natural Features. Location of existing rock outcrops, high points,
water courses, depressions, ponds, marshes, wooded areas and other
significant existing features, including previous flood elevations
of watercourses, ponds and marsh areas, as determined by survey.
14.
Proposed Streets. All proposed streets, with profiles indicating
grading and cross sections showing width of roadway, location and
width of sidewalks and location and size of utility lines, conforming
to the borough standards and specifications.
15.
Water and Sewer Lines. The location of all existing and proposed
water lines, valves and hydrants and all sewer lines or alternative
means of sewerage disposal and treatment.
16.
Drainage Systems. Existing and proposed storm water drainage system.
All plans shall be accompanied by a separate sketch showing all existing
drainage within 500 feet of any boundary, and all areas, such as paved
areas, grassed areas, wooded areas and any other surface areas, contributing
to the calculations and showing methods used in the drainage calculations.
17.
Acreage. Acreage, to the nearest tenth of an acre, of the tract to
be subdivided, and the area, in square feet, of all lots.
18.
Additional Information. Such other information or data as may be required by the approving authority, the County Planning Board or other governmental agencies for determination that the details of the subdivision are in accordance with the standards of this chapter, Chapter XXI, Zoning, and all other applicable laws, ordinances and resolutions.
d.
Preliminary
Subdivision Plat Review.
1.
Copies of Application. The applicant shall submit the preliminary
subdivision application and plat maps and payment of all required
fees to the administrative officer, and shall simultaneously submit
copies to the following, together with proof of such service:
(a)
Approving Authority Attorney.
(b)
Borough Engineer.
(c)
Planning Consultant.
(d)
Construction Official.
(e)
Board of Health.
(f)
Fire Protection Subcode Official.
(g)
Police Department.
(h)
Department of Public Works.
(i)
Other municipal, county or state officials and agencies as directed
by the approving authority.
2.
Recommendations. Such persons and boards shall make recommendations
to the approving authority, in writing, within 35 days of the application
submission. The approving authority shall take such recommendations
into account, but shall have the authority to proceed in the absence
of such recommendations if the approving authority finds such recommendations
not to be essential to its determination.
3.
Incomplete Plat. If the preliminary plat is found to be incomplete,
the applicant shall be so notified, by certified mail, within 45 days
of the date of submission or it shall be deemed to be perfected as
to content.
4.
Adjustments. Where adjustments or changes are required in the plat
submission, the applicant shall be required to modify the plat in
order to qualify as a perfected application for public hearing purposes.
e.
County
Planning Board and Other Governmental Agency Approvals.
1.
Any subdivision application requiring County Planning Board or other
governmental agency approvals shall be submitted by the applicant
to the Bergen County Planning Board or other governmental agency for
review and approval. The approving authority may condition any approval
that it may grant upon the timely receipt of a favorable report on
the application by the County Planning Board or other governmental
agency, or by its failure to report thereon within the required time
period.
2.
A preliminary subdivision requiring County Planning Board or other
governmental agency approval which may or may not have been received
at the time of the public hearing in the borough shall require the
public hearing to be continued until such time as the required reports
are received, or by the failure to report thereon within the required
time period.
f.
Other
Requirements.
1.
Taxes. The applicant shall be required to submit proof that no taxes
or assessments for local improvements are due or delinquent on the
property for which preliminary approval is sought.
2.
Fees. All applicable fees shall be paid prior to any action by the
approving authority.
3.
Recycling. A statement from the borough recycling coordinator demonstrating
compliance with the borough recycling program shall be required.
g.
Public
Hearing. Upon submission of a perfected and complete application,
the administrative officer shall schedule a public hearing for application.
The applicant shall meet all of the requirements for public hearings.
h.
Time
for Decision.
1.
The approving authority shall grant, condition or deny preliminary
subdivision approval within 45 days of a perfected and complete application
for subdivisions of 10 or fewer lots, or 95 days for subdivisions
containing more than 10 lots, or within such further time as may be
consented to by the applicant.
2.
Failure of the approving authority to act within the prescribed time
periods, or to obtain an extension from the applicant, in writing,
shall constitute a preliminary approval by the approving authority.
i.
Effect
of Preliminary Subdivision Approval.
1.
If the approving authority acts favorably on a preliminary plat,
the applicant shall submit six copies of the approved plat to the
administrative officer. The chairperson and secretary shall affix
their signatures to the plat with a notation that it has received
preliminary approval, and one such plat shall be returned to the applicant
for compliance with the final approval requirements.
2.
Except as otherwise provided herein, preliminary approval of a major
subdivision shall confer the following rights for a three-year period
from the date of approval to the applicant:
(a)
The general terms and conditions on which preliminary approval was
granted shall not be changed, including, but not limited to, use requirements,
layout and design standards for streets, curbs and sidewalks, lot
size, yard dimensions and off-site improvements, except that nothing
herein shall be construed to prevent the borough from modifying, by
ordinance, such general terms and conditions of preliminary approval
as relate to public health and safety.
(b)
The applicant may submit for final approval, on or before the expiration
date of preliminary approval, the whole, or a section or sections,
of the preliminary submission plat, as the case may be.
(c)
The applicant may apply for, and the approving authority may grant,
extensions on such preliminary approval for additional periods of
at least one year, but not to exceed a total extension of two years,
provided that, if the design standards have been revised by ordinance,
such revised standards may govern.
3.
In the case of a subdivision of 50 acres or more, the approving authority
may grant the rights referred to in paragraph 2. above for such a
period of time longer than three years as shall be determined by the
approving authority to be reasonable, taking into consideration the
number of dwelling units and nonresidential floor area permissible
under preliminary approval, economic conditions and the comprehensiveness
of the development. The applicant thereafter may apply for, and the
approving authority may grant, an extension to preliminary approval
for such additional period of time as shall be determined by the approving
authority to be reasonable, taking into consideration the number of
dwelling units and nonresidential floor area permissible under preliminary
approval, the potential number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval, economic
conditions and the comprehensiveness of the development, provided
that if the design standards have been revised, such revised standards
shall govern beyond the three-year period.
4.
Failure to obtain final approval within the prescribed time limits
as herein defined shall void the preliminary plat approval.
19-3.3.
Final Approval of Major Subdivisions.
a.
Application.
An application shall be submitted to the administrative officer, in
writing, consisting of 18 copies, on forms supplied by the approving
authority. The application for final subdivision approval shall be
filed no less than 14 days prior to the regular meeting day of the
approving authority. Required fees, as provided in subsection 4-9.2
of this revision, shall be submitted with the application.
b.
Plat
Requirements. The application shall be accompanied by 18 prints of
the proposed final subdivision. The plat shall not differ substantially
from the approved preliminary plat.
c.
Final
Plat Details.
1.
The final plat for filing purposes shall be drawn in ink on tracing
cloth at a scale of not less than one inch equals 50 feet, and shall
comply with all the provision of the Map Filing Act, N.J.S.A. 46:23-9.9,
et seq.
2.
The final plat shall show or be accompanied by the following:
(a)
Plat Identification. The date, the name and location of the subdivision,
the name of the owner, graphic scale and reference meridian.
(b)
Boundary Lines. Tract, boundary lines, right-of-way lines of streets,
street names, easements and other rights-of-way, land to be reserved
or dedicated to public use and all lot lines and other site lines,
with accurate dimensions, bearings or deflection angles, and radii,
arcs and central angles of all curves and the area of each lot.
(c)
Streets. The names, exact locations and widths of all existing and
recorded streets intersecting or paralleling the plot boundaries within
a distance of 200 feet.
(d)
Easements. The purpose of any easement or land reserved or dedicated
to public use shall be designated, and the proposed use of sites,
other than residential, shall be noted.
(e)
Tract Identification. Lot, block and street numbers, as approved
by the borough engineer, including lot and block numbers of abutting
property.
(f)
Setback Lines. Minimum building setback line on all lots and other
sites.
(g)
Monuments. Location and description of all monuments.
(h)
Adjoining Owners. The names of owners of adjoining unsubdivided land.
(i)
Final Grades. Proposed final grades of all streets shall be shown
to a scale of one inch equals 50 feet vertical and one inch equals
50 feet horizontal, on sheets 22 inches by 35 inches. Drawings shall
include both plans and profiles and shall show elevations of all monuments,
referred to United States Coast and Geodetic Survey level bench marks,
shown in feet and hundredths of a foot.
(j)
Certifications.
[1]
Certification by the applicant's surveyor and engineer as to
the accuracy of details of the plat.
[2]
Certification that the applicant is agent or owner of the land,
or that the owner has given consent under an option agreement.
[3]
When approval of a plat is required by any other officer or
agency of a municipality, county or state, such approval shall be
certified on the plat, or evidence shall be submitted that an application
has been made for such approval.
[4]
A statement of the borough engineer that (s)he is in receipt
of maps showing the position of all storm water drains, sanitary sewer
mains and all utilities in exact location and elevation, together
with any other data required, and indicating the estimated cost of
the installation of all public improvements required to be installed
by the applicant.
[5]
A certificate from the tax collector that all taxes are paid
to date.
[6]
Written proof that the lands set aside or shown for easement,
public use or streets are free and clear of all liens and encumbrances.
[7]
A statement from the borough recycling coordinator demonstrating
compliance with the borough recycling program.
d.
Final
Subdivision Plat Review.
1.
The applicant shall submit 12 copies of the completed application
and maps, and the payment of all required fees, to the administrative
officer, and shall simultaneously submit copies to the following:
2.
Such persons and boards shall make recommendations, in writing, to
the approving authority within 35 days of the application submission.
e.
Determination
as to Compliance. The borough engineer and planner and the approving
authority attorney, where appropriate, shall advise the approving
authority of the following:
1.
The nature of the improvements to be required as a condition of final
approval.
2.
The estimated value of the improvements installed or to be installed.
3.
The nature and amount of performance guarantees, if any, to be required
as a condition to final approval.
4.
The provisions of open space reservation or dedication and the standards
for open space organizations.
5.
The amounts to be deposited to reimburse the approving authority
and borough for costs incurred for legal, engineering, planning and
other professional reviews and work, for recording fees and for any
other costs anticipated by the approving agency, where applicable.
6.
Any other conditions upon which final approval will be granted or
conditioned.
7.
Compliance with the borough recycling program.
f.
Applicant's
Responsibilities. The applicant shall be required to submit the following
for the approving authority approval:
1.
A developer's agreement, prepared by the approving authority attorney,
setting forth the obligations of the applicant in connection with
final approval.
2.
A performance guarantee, in a form satisfactory to the approving
authority and borough, complying with paragraph e. of this section
and guaranteeing performance of the developer's agreement.
3.
Maintenance guarantees, if any, for work completed prior to final
approval.
4.
Deeds for any easements, rights-of-way or public lands, in a form
satisfactory to the approving authority attorney and borough attorney.
5.
Evidence of compliance with other conditions imposed by the approving
authority.
6.
Proof of payment of taxes and assessments.
7.
Funds to be deposited to reimburse the approving agency and borough
for costs incurred or to be incurred for legal, engineering, planning
and other consultants' reports, for recording fees and for any other
costs anticipated by the approving authority.
g.
County
Planning Board and Other Governmental Agency Approvals. Any final
approval requiring county subdivision approval, or approval by other
governmental agencies, shall be submitted by the applicant to the
Bergen County Planning Board, or other governmental agencies, for
review and approval. The approving authority may condition any approval
that it may grant upon the timely receipt of a favorable report on
the application by the County Planning Board, or other governmental
agency, or by its failure to report thereon within the required time
period.
h.
Final
Approval.
1.
Time for Decision. Final approval shall be granted or denied within
45 days after submission of a complete and perfected application to
the administrative officer, or within such further time as may be
consented to by the applicant. Failure of the approving authority
to act within the period prescribed shall constitute final approval,
and a certificate of the administrative officer as to the failure
of the approving authority to act shall be issued on request of the
applicant. Such certificate shall be sufficient in lieu of the written
endorsement of the chairperson and secretary of the approving authority
or other evidence of approval and shall be so accepted by the county
recording officer for purposes of filing the subdivision plats.
2.
Distribution of Final Plats. Upon final approval by the approving
authority, and the signature of the chairperson and secretary of the
approving authority having been placed on the original tracing, the
applicant shall prepare and file with the administrative officer 12
prints of such final plat, to be distributed as follows:
i.
Final
Plats; Filing.
1.
Changes. Unless the preliminary plat has been approved without changes,
the final plat shall incorporate all changes or modifications required
by the approving authority.
2.
Location of Utilities. The final plat shall be accompanied by a certificate
of the borough engineer that (s)he is in receipt of map which shows
all utilities in exact location and elevation, and which identifies
the utilities already installed and those to be installed. The certificate
shall also state:
3.
Time for Filing. Final subdivision approval shall expire 95 days
from the date of signing of the plat, unless, within such period,
the plat shall have been duly filed by the applicant with the county
recording officer.
4.
Extension of Time for Filing. The approving authority may, for good
and sufficient cause shown, extend the period of recording for an
additional period not to exceed 190 days from the date of signing
the plat.
5.
Signing of Final Plat. No subdivision plat shall be forwarded for
filing to the county recording officer until it has been approved
by the approving authority, as indicated on the instrument by the
signature of the chairperson and secretary of the approving authority,
or a certificate from the administrative officer certifying the failure
of the approving authority to timely act. The signatures of the chairperson
and secretary of the approving authority shall not be affixed until
the developer has posted the guarantees required pursuant to this
chapter, where appropriate. If the county recording officer records
any plat without such approval, such recording shall be deemed null
and void, upon request of the borough.
6.
Notice of Recording. It shall be the duty of the county recording
officer to notify the approving authority, in writing, within seven
days of the filing of any plat, identifying such instrument by its
title, date of filing and official number.
j.
Rights
on Final Subdivision Approval.
1.
The zoning requirements applicable to the preliminary subdivision
approval first granted and all other rights conferred upon the applicant
pursuant to paragraph 19-3.2i., whether conditional or otherwise,
shall not be changed for a period of two years after the date of final
approval, provided that the rights conferred by this section shall
expire if the plat has not been duly recorded within the required
time period. If the applicant has followed the standards prescribed
for final approval and has duly recorded the plat as required, the
approving authority may extend such period of protection for extensions
of one year, but not to exceed three extensions. Notwithstanding any
other provisions of this chapter, the granting of final approval terminates
the time period of preliminary approval pursuant to paragraph 19-3.2
i. for the particular section or sections granted final approval.
2.
In the case of a subdivision for a planned development of 50 acres
or more, or conventional subdivision for 150 acres or more, the approving
authority may grant an extension for such period of time longer than
two years as shall be determined by the approving authority to be
reasonable, taking into consideration the number of dwelling units
and nonresidential floor area permissible under final approval, economic
conditions and the comprehensiveness of the development. The applicant
may thereafter apply, and the approving authority may grant, an extension
of final approval for such additional period of time as shall be determined
by the approving authority to be reasonable, taking into consideration
the number of dwelling units and nonresidential floor area permissible
under final approval, economic conditions and the comprehensiveness
of the development and the number of dwelling units and nonresidential
floor area remaining to be developed.
19-4.1.
Approval Required.
a.
Except
as provided herein, no building or zoning permit and/or certificate
of occupancy shall be issued for a building, structure or use, or
any enlargement, expansion or change of use, or change of tenancy,
unless a site plan is first submitted and approved by the approving
authority.
b.
No
certificate of occupancy shall be given unless all construction and
conditions conform to the site plan as approved, unless conditionally
approved by the approving authority as provided herein.
19-4.2.
Situations Requiring Site Plan Approval.
a.
Except
as provided herein, all construction, reconstruction, alteration or
enlargement of a building or structure, or change in use, whether
to a permitted use, the same use or different permitted use, change
in tenancy or lot, shall require site plan approval.
Site plan approval shall be required for any of the following
uses:
1.
Any planned development, apartment or any other multi-family use
of three or more units.
2.
Any commercial, office or industrial building or use;
3.
Churches, firehouses or first aid buildings, hospitals, private schools,
colleges, clubs and places of public assembly.
4.
Alterations or additions to any of the above-mentioned uses which
would affect the gross floor area and/or parking requirements.
5.
Conditional uses.
6.
Uses for which a variance is sought under N.J.S.A. 40:55D-70(d).
7.
Any fence, trash disposal area, outside air-conditioning units and
their screening, satellite dish or other accessory structures and
their screening, if any, not shown on a site plan having final approval
for any commercial, office or industrial building or use.
b.
Site
plan approval shall not be required for the following:
1.
Single and two-family dwellings and accessory uses for single and
two-family dwellings, such as a private garage, toolhouse, garden
and private greenhouse, swimming pool, or similar use incidental to
a single or two-family detached dwelling.
2.
Minor repairs and alterations to the interior of a building which
do not involve structural change or enlargement of the building, as
determined by the construction official.
3.
Renovations or alterations to the exterior design of a building or
structure which do not involve enlargement of the building or major
structural change, as determined by the construction official.
However, the construction official may refer any application
for a building permit to the approving authority for site plan approval,
anything herein notwithstanding, where, in the official's judgment,
the construction, reconstruction, alteration, change of tenancy or
change of use, whether to be a permitted use, the same use or a different
permitted use, will affect traffic, water supply, sewage disposal,
drainage, landscaping, signs, lighting, off-street parking or loading,
or the lack of any or all of these factors, environmental factors
or other considerations specified in this chapter.
Any determination by the construction official that site plan
approval is not required pursuant to this section shall be as set
forth, in writing by the construction official, with copies of such
letters filed with the applicant and the administrative officer.
19-4.3.
Minor Site Plan Approval. If any application submitted by a developer
meets the definition of "minor site plan", as hereinabove set forth,
any approval given by the approving authority shall be deemed to be
final approval of the site plan, provided that the approving authority,
or a subcommittee thereof, may condition such approval on terms ensuring
the provision of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39,
40:55D-41 and 40:55D-53.
a.
Time
for Approval. Minor site plan approval shall be granted or denied
within 45 days of the date of submission of a complete application
to the administrative officer, or within such further time as may
be consented to by the applicant. Failure of the planning board to
act within the period prescribed shall constitute minor site plan
approval.
b.
County
Review. Whenever review or approval of the application by the County
Planning Board is required by N.J.S.A. 40:27-6.6, the borough planning
board shall condition any approval that it grants upon timely receipt
of a favorable report on the application by the County Planning Board,
or approval by the County Planning Board by its failure to report
thereon within the required time period.
c.
Rights
on Approval. The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor site plan approval
was granted shall not be changed for a period of two years after the
date of minor site plan approval.
19-4.4.
Applications for Approval. Applications shall be submitted to the
administrative officer, in writing, and shall consist of 18 copies,
on forms supplied by the approving authority. Applications for preliminary
site plan approval shall be filed no less than 14 days prior to the
regular meeting date of the approving authority. Required fees, as
provided for in subsection 4-9.3 of this revision, shall be submitted
with the application form.
The approving authority shall accept simultaneous applications
for preliminary and final site plan approval, where so requested by
the applicant, provided that all of the conditions, requirements and
safeguards established for preliminary and final site plan approval
are adhered to.
19-4.5.
Preliminary Site Plan Approval.
a.
Copies
of Plat. The applicant shall submit the preliminary site plan application
and 18 copies of plat maps, together with the payment of all required
fees, to the administrative officer, and shall simultaneously submit
copies to the following:
1.
Approving Authority Attorney.
2.
Borough Engineer.
3.
Planning Consultant.
4.
Construction Official.
5.
Board of Health.
6.
Fire Protection Subcode Official.
7.
Police Department.
8.
Department of Public Works.
9.
Such other municipal officials and agencies, as directed by the approving
authority.
b.
Recommendations.
The above professionals and boards shall make recommendations to the
approving authority, in writing, within 35 days of the application
submission. The approving authority shall take such recommendations
into account, but shall have the authority to proceed in the absence
of such recommendations, which are not essential to its determination.
c.
Notice
of Incomplete Application. If the preliminary site plan is found to
be incomplete, the applicant shall be notified thereof within 45 days
of the date of submission or it shall be deemed to be perfected as
to content.
d.
Required
Changes. Where adjustments or changes are required in the site plan
submission, the applicant shall be required to modify the plat in
order to qualify as a perfected and complete application as to content
and for public hearing purposes.
e.
Other
Approvals. Any site plan application requiring County Planning Board
or other governmental agency approvals shall be submitted by the applicant
to the Bergen County Planning Board or other governmental agency for
review and approval. The approving authority may condition any approval
that it may grant upon the timely receipt of a favorable report on
the application by the County Planning Board or other governmental
agency, or by its failure to report thereon within the required time
period.
A preliminary site plan requiring County Planning Board or other
governmental approval which may not have been received at the time
of the public hearing in the borough shall require the public hearing
to be continued until such time as the required reports are received
or by the failure to report thereon within the required time period.
f.
Other
Requirements.
g.
Public
Hearings. Upon submission of a perfected application, the administrative
officer shall schedule a public hearing for the applicant. The applicant
shall meet all of the requirements established in section 19-1.8 for
public hearings.
h.
Time
for Approval. The approving authority shall grant, condition or deny
preliminary site plan approval within 45 days of receipt of a perfected
and complete application for a site plan of 10 acres or less or 10
dwelling units or fewer, or within 95 days of submission of a perfected
and complete application for a site plan of more than 10 dwelling
units or 10 acres, or within such further time as may be consented
to by the applicant for both classes of site plans.
Failure of the approving authority to act within the prescribed
time periods, or to obtain an extension from the applicant, shall
be deemed to be preliminary approval of the site plan.
i.
Rights
on Preliminary Approval. Preliminary approval of a site plan shall
confer the following rights for a three-year period from the date
of the preliminary approval:
1.
The general terms and conditions on which preliminary approval was
granted shall not be changed, including but not limited to use requirements,
layouts and design standards for streets, curbs and sidewalks, lot
size, yard dimensions and on-tract and off-tract improvements and
any requirements peculiar to the specific site plan. The borough may
modify by ordinance such general terms and conditions of preliminary
approval as it may relate to public health and safety.
2.
The applicant may submit for final approval, on or before the expiration
date of preliminary approval, the whole, or a section or sections,
of the preliminary site plan.
3.
The applicant may apply for, and the approving authority may grant,
extension on such preliminary approval for an additional period of
one year, but not to exceed a total extension of two years, provided
that if the design standards have been revised by ordinance, such
revised standards may govern.
4.
In the case of the site plan for an area of 50 acres or more, the
approving authority may grant the rights referred to in paragraphs
1 through 3 above for such a time period longer than three years,
as shall be determined by the approving authority to be reasonable,
taking into consideration the number of dwelling units and nonresidential
floor area permissible under preliminary approval, economic conditions
and the comprehensiveness of the development. The applicant may apply
for thereafter, and the approving authority may thereafter grant,
an extension to preliminary approval for such additional period of
time as shall be determined by the approving authority to be reasonable,
taking into consideration the number of dwelling units and nonresidential
floor area permissible under preliminary approval, the potential number
of dwelling units and nonresidential floor area of the section or
sections awaiting final approval, economic conditions and the comprehensiveness
of the development, provided that if the design standards have been
revised, such revised standards may govern.
5.
Failure to obtain final approval within the prescribed time limits,
as herein defined, shall void the preliminary plat approval.
19-4.6.
Final Site Plan Approval.
a.
Application.
An original and 18 copies of an application shall be submitted to
the administrative officer, on forms supplied by the approving authority.
The application for final approval of a site plan shall be filed no
less than 14 days prior to the regular meeting date of the approving
authority. Required fees, as set forth in subsection 4-9.3 of this
revision, shall be submitted with the application form.
b.
Copies
of Plat. The applicant shall submit the final site plan application
and 18 copies of the plat maps, together with payment of all required
fees, to the administrative officer, who shall submit copies of the
plat to the following:
c.
Review
and Recommendations. The above professionals and boards shall make
recommendations to the approving authority, in writing, within 30
days of the application submission. The approving authority shall
take such recommendations into account, but shall have the authority
to proceed in the absence of such recommendations if the approving
authority finds such recommendations not be essential to its determination.
d.
Requirements
for Approving Authority Review. The approving authority shall review
the application for final site plan approval, with or without conditions,
provided that the following requirements have been met:
1.
The detailed drawings, specifications and estimates meet all applicable
codes and ordinances.
2.
The final plans are substantially the same as the approved preliminary
site plan, and conditions governing same.
3.
All improvements have been installed or bonds posted to ensure the
installation of improvements.
4.
That the applicant agrees, in writing, to all conditions of final
approval.
5.
Proof has been submitted that no taxes or assessments for local improvements
are due or delinquent for the property for which final site plan approval
is sought.
6.
All applicable fees have been paid prior to any final action by the
approving authority.
7.
Requirements of other governmental units have been complied with.
8.
The plan complies with the borough recycling program.
e.
Other
Governmental Approvals. Whenever review or approval is required by
the Bergen County Planning Board, or by other governmental agencies,
a final site plan application shall be submitted by the applicant
for such review and approval. The approving authority shall condition
any approval that it may grant upon the timely receipt of a favorable
report on the application by the County Planning Board or other governmental
agency, or by its failure to report thereon within the required time
period.
f.
Time
for Decision. The approving authority shall grant, condition or deny
final site plan approval within 45 days of receipt of a perfected
and complete site plan application, or within such further time as
may be consented to by the applicant.
Failure of the approving authority to act within the prescribed
time period, or to obtain an extension from the applicant, in writing,
shall constitute final approval, and a certificate of the administrative
officer as to the failure of the approving authority to act shall
be issued on request of the applicant. Such certificate shall be sufficient
in lieu of the written endorsement or other evidence of approval.
g.
Memorialization
of Approval. Upon approval of the site development plan and upon compliance
with all conditions, the engineer, the chairperson and the secretary
of the approving authority shall sign the plan and the secretary shall
affix the seal of the board. The applicant shall supply to the approving
authority 12 prints for its records. A print shall be forwarded to
each of the professionals and boards identified in paragraph b. of
this section.
h.
Final
Approval.
1.
Rights. Final approval shall terminate the time period of preliminary
approval for the section granted final approval and shall guarantee
the applicant that the zoning requirements applicable to the preliminary
approval, and all other rights conferred upon the applicant as part
of preliminary approval, shall not be changed for a period of two
years after the date of final approval.
2.
Expiration of Approval. Approval shall expire two years from the
date of final approval, unless the applicant has secured a building
permit to commence construction. The approving authority may extend
final approval and the protection offered under paragraph 19-4.5i
for one year. Up to three such extensions may be granted.
In the case of a site plan for a planned development of 50 acres
or more, a conventional site plan for 150 acres or more, or site plans
for development of a nonresidential floor area of 200,000 square feet
or more, the approving authority may extend the rights granted under
final approval for such period of time longer than two years as shall
be determined by the approving authority to be reasonable, taking
into consideration the number of dwelling units and nonresidential
floor area permissible under final approval, economic conditions and
the comprehensiveness of the development. Thereafter the applicant
may apply for, and the approving authority may grant, an extension
of final approval for such additional period of time as shall be determined
by the approving authority to be reasonable, taking into consideration
the number of dwelling units and nonresidential floor area permissible
under final approval, the number of dwelling units and nonresidential
floor area remaining to be developed, economic conditions and the
comprehensiveness of the development.
3.
Conditions. The approving authority may, as a condition of final
approval:
(a)
Grant final approval only for designated geographic sections of the
development.
(b)
Grant final approval for certain work, but require submission for
final approval for designated elements, such as, but not limited to,
landscaping, signs and street furniture, and require approval of these
elements as a prerequisite for a certificate of occupancy or zoning
permit.
(c)
Condition the granting of a certificate of occupancy or zoning variance
subject to the applicant or developer, or subsequent heirs or assignees,
meeting certain requirements within a designated period of time, not
to exceed one year from the date of issuance of the certificate of
occupancy or zoning variance. This may include, but is not limited
to, the installation of improvements and reevaluation of circulation
patterns.
19-4.7.
Amendments to Site Plan. Amended site plan applications shall be
filed with the approving authority and shall be considered at the
next regular meeting date of the approving authority, provided that
the amended application is received no less than 14 days before such
meeting date and such amendments are minor in nature.
19-4.8.
Compliance With Plan Required.
a.
All
proposed improvements of development indicated on the approved site
plan shall meet the requirements of all applicable codes, ordinances
and specifications of the borough, county, state or federal governments
and other agencies with jurisdiction over matters pertaining to site
development.
b.
It
shall be the joint responsibility of the engineer and the construction
official to enforce their respective rules and regulations to ensure
compliance with the site plan approval map and other specified conditions
as may be imposed on the development.
19-4.9.
Site Plan to be Binding. The site plan, as approved by the approving
authority, shall be binding upon the applicant. Any changes from the
approved plan shall require resubmission and reapproval by the approving
authority.
19-4.10.
Failure to Comply. In the event of a failure to comply with any condition
of site plan approval, the construction official, on his/her own initiative
or upon recommendation from the engineer, may revoke the building
permit or certificate of occupancy, as the case may be, and seek to
enjoin the violation, or take such other steps as permitted by law.
19-5.1.
Compliance with Standards Required.
a.
The
applicant shall observe the following requirements and principals
of land subdivision in each subdivision, or portion thereof.
b.
The
subdivision plat shall conform to the design standards that will encourage
good development patterns within the borough. Where either an Official
Map or Master Plan, or both, has been adopted, the subdivision shall
conform to the proposals and conditions shown thereon. The streets,
drainage rights-of-way, historic sites and public areas shown on an
adopted Master Plan or Official Map shall be considered in approval
of subdivision plats.
19-5.2.
Streets. The arrangement of streets not shown on the Master Plan
or Official Map shall be such as to provide for the appropriate extension
of existing streets, with a minimum right-of-way of 50 feet.
a.
Minor
Streets. Minor streets shall be so designed as to discourage through
traffic, unless deemed necessary by the approving authority.
b.
Arterial
Streets. Subdivisions abutting arterial streets may be required to
provide a marginal service road or reserve frontage, with a buffer
strip for planting, or some other means of separation of through and
local traffic, as the approving authority may determine to be appropriate.
c.
Pavement
Width. The pavement width of all streets shall be a minimum of 30
feet for all local streets, and may be greater for collector and arterial
streets.
d.
Minimum
Rights-of-Way. The right-of-way width shall be measured from the lot
line, and shall not be less than 50 feet in any case, except when
shown at a greater width on the Master Plan or Official Map of the
borough or such street constitutes an extension of an existing street
with a greater width than 50 feet.
e.
Substandard
Rights-of-Way and Pavement Widths. In connection with 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 requirements
of this chapter, the applicant shall dedicate additional right-of-way
and/or increase pavement width along either one or both sides of such
road. If the subdivision is along one side only, 1/2 of the required
extra width shall be dedicated.
f.
Grades.
Grades of arterial and collector streets shall not exceed 4%. Grades
on other streets shall not exceed 10%. No street shall have a minimum
grade of less than 1%.
g.
Intersections.
Street intersections shall be as near to right angles as is possible,
and in no case shall be less than 60°. The block corners at intersections
shall be rounded at the curbline with a curve having a radius of not
less than 20 feet.
h.
Jogs.
Street jogs shall have center-line offsets of not less than 125 feet.
i.
Reverse
Curve Tangents. A tangent at least 25 feet long shall be introduced
between reverse curves on arterial, collector and local streets.
j.
Street
Line Deflection. When connecting street lines deflect from each other
at any one point by more than 10°, they shall be connected by
a curve with a radius of not less than 100 feet.
k.
Change
in Grade. All changes in grade shall be connected by vertical curves
of sufficient radius to provide a smooth transition and proper sight
distance.
l.
Culs-de-Sac.
Dead-end streets (culs-de-sac) shall not be longer than 600 feet,
and shall provide a turnaround at the end with a property line radius
of not less than 50 feet and tangent, whenever possible, to the right
side of the street, and shall have a paved surface radius of not less
than 40 feet. If a dead-end street is of a temporary nature, a similar
turnaround shall be provided and provisions made for future extensions
of the street and reversion of the excess right-of-way to the adjoining
properties.
m.
Street
Names. No street shall have a name which will duplicate or be so similar
as to be confused with the names of existing streets. The continuation
of an existing street shall have the same name.
n.
Sidewalks.
Where sidewalks are required, there shall be provided a minimum walk-way
width of four feet, constructed in accordance with the requirements
of the borough engineer.
19-5.3.
Block Patterns.
a.
Block length and width, or acreage within bounding roads, shall be such as to accommodate the size of lot required in the area by Chapter XXI, Zoning, and to provide for convenient access, circulation control and safety of street traffic.
b.
In
blocks of 1,000 or more feet in length, pedestrian crosswalks and
sidewalks may be required in locations deemed necessary by the approving
authority. Such crosswalks shall be at least 10 feet wide in right-of-way,
with four-foot wide improved pavement surface. Such sidewalks and
crosswalks may also include other improvements, including street lighting.
c.
For
all uses, including commercial, industrial and planned development
group areas, block size shall be sufficient to accommodate the proposed
uses and to permit reasonable access, circulation and fire-fighting
and emergency services.
19-5.4.
Lots.
a.
Dimensions. Lot dimensions and areas shall not be less than the requirements of section 19-8 and the Schedule of Lot and Bulk Requirements of Chapter XXI, Zoning.
b.
Side
Lines. Insofar as is practical, side lot lines shall be at right angles
to straight streets and radial to curved streets.
c.
Street
Frontage. Each lot must front upon an approved and improved street
with a right-of-way width of at least 50 feet, except as provided
herein.
d.
Measurements
for Right-of-Way Lines. Where extra width has been dedicated for widening
of existing streets, lots shall begin at such extra-width line, and
all setbacks shall be measured from such line.
e.
Withholding
Approval for Unsuitable Lots. Where there is a question as to the
suitability of a lot or lots for their intended use due to such factors
as rock formation, drainage conditions, watercourses, historic sites,
flood conditions or similar circumstances, the approving agency may,
after adequate investigation, withhold approval of such lots.
19-5.5.
Easements; Natural Features; Public Uses.
a.
Easements.
Where a subdivision is traversed by a watercourse, drainageway, channel
or stream, there shall be provided a stormwater easement or drainage
right-of-way conforming substantially to the lines of such watercourses
and such further width or construction, or both, as will be adequate
for the purpose. Any and all open ditches are to be piped in accordance
with the planning board engineer's requirements.
In a large development, easements along rear property lines
or elsewhere for utility installation may be required. Such easements
shall be at least 15 feet wide and shall be located in consultation
with the utility companies or municipal departments concerned.
b.
Natural
Features. Natural features, such as trees, brooks, hilltops and views,
shall be preserved whenever possible in designing any subdivision
containing such features.
c.
Public
Uses. Any public use or public areas shall be of suitable size, shape
and location, under the provision of reservation contained herein.
19-5.6.
Water Mains, Culverts and Storm Sewers. All installations of water
mains, culverts and storm sewers shall be connected with an approved
system and shall be adequate to handle all present and probable future
developments.
19-5.7.
Underground Utilities.
a.
For
all major subdivisions, the applicant shall arrange with the serving
utility for the underground installation of all utility distribution
supply lines and service connections in accordance with the provisions
of the applicable standard terms and conditions incorporated as part
of its tariffs, as the same are on file with the New Jersey Board
of Public Utility Commissioners, and shall submit to the approving
authority prior to the granting of final approval a written instrument
from each serving utility which shall evidence full compliance with
the provisions of this section; provided, however, that lots in such
subdivisions which abut existing streets where overhead electric or
telephone distribution supply lines have theretofore been installed
on any portion of the streets involved may be supplied with electric
and telephone service from such overhead lines, but the service connections
from the utilities' overhead lines shall be installed underground.
The location of access facilities for servicing the utility in the
proposed subdivision shall be developed in conjunction with, and as
part of, the complete subdivision plan.
b.
Whenever
the utility is not installed in the public right-of-way, an appropriate
utility easement, not less than 20 feet in width, shall be provided.
c.
The
approving authority may, in its discretion, waive the installation
of the underground utilities where such installation will result in
peculiar and exceptional practical difficulties to, or exceptional
and undue hardship upon, the applicant by reason of exceptional topographic
conditions or by reason of other extraordinary and exceptional situation
or condition of the lands in such subdivision.
d.
Whenever
underground utilities are installed in accordance with the provisions
hereof, fire alarm systems servicing the development may be required
to be installed in an appropriate subsurface distribution system connecting
the necessary alarm stations. The manner of installation, number and
location of alarm stations shall be in a manner approved by the fire
department.
19-5.8.
Topsoil Protection; Soil Erosion and Sediment Control.
a.
No
topsoil shall be removed from the site or used as spoil. Topsoil moved
during the course of construction shall be redistributed so as to
provide at least six inches of cover to all areas of the subdivision
and shall be stabilized by seeding or planting.
b.
All
applications for subdivision shall be in accordance with the applicable
soil erosion and sediment control ordinance or, where the same has
not been adopted, the applicant shall meet the requirements of N.J.S.A.
4:24-39, the New Jersey Soil Erosion and Sediment Control Act.
19-6.1.
Information Required.
a.
All
applications for site plan approval shall be prepared, signed and
sealed by a professional engineer or architect. They shall bear the
signature and seal of a licensed land surveyor as to topographic and
boundary survey data.
b.
All
site plans shall comply with the requirements hereinafter set forth
and shall contain the following information and data, where applicable:
1.
A title block shall be indicated in the lower right-hand corner of
the plan, and shall include the name and address of the record owner,
the block and lot number of the site, the title of the development
and the name, address, license number and seal of the person preparing
the plan. If the owner is a corporation, the name and address of the
president and secretary shall be submitted with the application.
2.
A date block of the site plan adjacent to the title block, containing
the date of preparation. All subsequent revisions shall be noted and
dated.
3.
A Key map showing the location of the tract with reference to surrounding
areas and existing street intersections within 1,000 feet of the boundaries
of the subject premises.
4.
A scale of not less than 50 feet to the inch shall be used and a
graphic representation of the scale shall be displayed, as well as
a North arrow. All distances and dimensions shall be in feet and decimals
of a foot, and all bearing shall be given to the nearest 10 seconds.
5.
The names of all owners of adjacent property within 200 feet of the
subject premises, together with the block and lot numbers of such
adjoining properties, as shown on the current municipal tax records.
6.
Zone boundaries shall be shown on the site plan as they effect the
parcel. Adjacent zone districts within 200 feet shall also be indicated.
Such features may be shown on a separate map or as a key on the detail
map itself.
7.
Survey data, showing boundaries of the property, required building
or setback lines and lines of existing and proposed streets, lots,
reservations, easements and areas dedicated to public use, including
grants, restrictions and rights-of-way.
8.
Reference to any existing covenants, deed restrictions, easements
or exceptions that are in effect or are intended to cover all or any
of the tract. A copy of such covenants, deed restrictions, easements
or exceptions shall be submitted with the application. If there are
no known covenants, deed restrictions, easements or exceptions affecting
the site, a notation to that effect shall be indicated on the site
plan map.
9.
Location of existing buildings on the site which shall remain and
all other structures, such as walls, fences, culverts, bridges and
roadways, with spot elevations of such structures. Structures to be
removed shall be indicated by dashed lines; structures to remain shall
be indicated by solid lines.
10.
All distances, as measured along the right-of-way lines of existing
streets abutting the property, to the nearest intersection with any
other street.
11.
Location plans and elevations of all proposed buildings and other
structures, including required yard and setback areas, building height,
in feet and stories, and lot coverage calculations.
12.
Location, height, dimensions and details of all signs, either freestanding
or affixed to a building. Where signs are not to be provided, a notation
to that effect shall be indicated on the site plan.
13.
Location of all storm drainage structures, soil erosion and sediment
control devices and utility lines, whether publicly or privately owned,
with pipe sizes, grades and direction of flow, and if any existing
utility lines are underground the estimated location of such already
underground utility lines shall be shown.
14.
Existing and proposed contours, referenced to United States Coast
and Geodetic Survey datum, with a contour interval of one-foot for
slopes of 3% or less; an interval of two feet for slopes of more than
3% but less than 15%, and an interval of five feet for slopes of 15%
or more. Existing contours are to be indicated by solid lines.
15.
Location of existing rock outcrops, high points, watercourses, depressions,
ponds, marshes, wooded areas and other significant existing features,
including previous flood elevations of watercourses, where available.
16.
All proposed streets, with profiles indicating grading and cross
sections showing width of roadway, location and width of sidewalk,
where required, and location and size of utility lines, according
to municipal standards and specifications.
17.
The proposed use or uses of land and building and proposed location
of buildings, including proposed grades. Floor space of all buildings
and estimated number of employees, housing units or other capacity
measurements, where required, shall also be indicated. If the precise
use of the building is unknown at the time of application, an amendment
plan showing the proposed use shall be required prior to the issuance
of a certificate of occupancy.
18.
All means of vehicular ingress and egress to and from the site onto public or private streets, showing the size and location of driveways and curb cuts, including the possible organization of traffic channels, acceleration and deceleration lanes, additional width and other traffic controls which may be required. Improvements, such as roads, curbs and sidewalks, and other design detail shall be indicated, including dimensions of parking stalls, access aisles, curb radii, direction of traffic flow and other conditions as may be required in the Chapter XXI, Zoning, and this chapter.
19.
The location and design of any off-street parking areas or loading
areas, showing the size and location of bays, aisles and barriers.
20.
The location of all proposed waterlines, valves and hydrants, all
sewer lines or alternative means of water supply and sewage disposal
and treatment in conformance with the applicable municipal standards
and utility company requirements, where applicable.
21.
The proposed location, direction of illumination, power and time
of proposed outdoor lighting, in conformance with applicable municipal
standards, including the type of poles to be employed, radius of light
and intensity, in footcandles.
22.
The proposed screening and landscaping and a planting plan, indicating
natural vegetation to remain, areas to be planted and the type of
vegetation to be utilized.
23.
The proposed stormwater drainage system, to be designed based on
a one-hundred-year storm. All site plans shall be accompanied by a
plat sketch showing all existing drainage within 500 feet of any boundary
and all areas, such as paved areas, grassed areas, wooded areas and
any other surface areas, contributing to the calculations and other
methods used in the determinations.
19-6.2.
Legends. The following legends shall be indicated on the site plan:
a.
To
be signed before submission:
|
I consent to the filing of this site plan with the __________________
of the Borough of Carlstadt.
| |
|
Applicant
|
Date
|
b.
To
be completed before submission:
|
Site plan of
|
|
Lot _____ Block _____ Zone _____ Date _____ Scale _____
|
|
Applicant ___________________________________ Address
|
c.
To
be signed before submission:
|
I hereby certify that I have prepared this site plan and that
all dimensions and information are correct.
|
|
Name
|
|
Title and License Number
|
d.
To
be signed before issuance of a building permit:
|
Approved by the __________________ of the Borough of Carlstadt.
| |
|
Date
|
Chairperson
|
e.
To
be signed before __________________ approval is given:
|
I have reviewed this site plan and certify that it meets all
codes and ordinances under my jurisdiction.
| |
|
Date
|
Engineer
|
f.
To
be signed before issuance of a certificate of occupancy:
|
I hereby certify that all required improvements have been installed
or that a performance guarantee has been posted in accordance with
subsection 19-9.2 of the Site Plan Chapter of the Revised General
Ordinances of the Borough of Carlstadt.
|
|
Construction Official
|
|
Engineer
|
19-7.1.
Applicability. In reviewing any application for site plan approval,
conditional use approval or combinations thereof, the approving authority,
advisory boards, professional advisers and the applicant shall be
guided by the general and specific requirements contained herein.
19-7.2.
Off-Street Parking. The number of off-street parking spaces required
shall be as set forth in Table A. If determination of the number of
required parking spaces results in a fractional space, the fraction
shall require one additional parking space.
19-7.3.
Location of Parking Spaces and Areas; Screening; Number of Spaces
Required.
a.
The
approving authority shall approve the location of all proposed parking
spaces on the site and shall take into consideration the size and
topography of the site, safety conditions and the elimination of nuisance
factors, including glare, noise, dust and other similar considerations.
b.
Any
parking area located between the principal building and the minimum
front lot shall be landscaped or screened. No off-street parking area
shall be located closer than five feet from any side or rear lot line.
These conditions shall apply to all surface and abovegrade parking
facilities.
c.
No
parking facilities shall be located closer than 25 feet from any two
intersecting streets or within the sight triangle of any driveway
and the street right-of-way.
|
Table A
| |
|---|---|
|
Off-Street Parking Requirements
| |
|
Use
|
Number of Required Parking Spaces
|
|
Automobile service stations
|
4 for each bay, plus 1 for each employee in the maximum working
shift.
|
|
Bank and savings institutions
|
1 for each 300 square feet of floor area, or 8 for each teller
window, whichever is greater.
|
|
Bowling lanes
|
5 for each lane.
|
|
Churches and other places of worship
|
1 for each 3 seats, or 1 for each 72 inches of seating space
when benches rather than seats are used.
|
|
Community buildings, social halls and clubs
|
1 for each 4 seats, except where a specific amount of seating
is undetermined, then 1 for each 8 members.
|
|
Funeral homes and mortuaries
|
5 for each chapel or slumber room.
|
|
Industrial and manufacturing uses
|
1 for every 1 1/2 employees on the largest shift, or 1
space for every 1,000 square feet, whichever is greater.
|
|
Laboratory and research uses
|
1 for every 400 feet of floor area.
|
|
Medical or dental clinics or offices
|
4 for each doctor or dentist, plus 1 for each 100 square feet
of floor area.
|
|
Mixed commercial
|
1 for every 400 square feet of floor area.
|
|
Mixed land uses
|
Mixed land uses in the same building shall be calculated as
the sum of the individual uses, unless the applicant can demonstrate
to the approving authority that the parking characteristics of the
total needs of the development are less than the sum of the parts,
and the number of spaces to be provided will satisfy the lesser need.
|
|
Motels, hotels, and motor lodges
|
1 for each rental unit and, in addition, compliance with the
requirements for each particular additional use located on the property,
such as restaurants, eating and drinking establishments, retail stores
and meeting rooms.
|
|
Multifamily residential dwellings
|
1 1/2 for each dwelling unit.
|
|
Nursing homes, hospitals and convalescing homes
|
1 for every 2 beds, plus 1 per staff member and employee in
the maximum work shift.
|
|
Offices, business and professional (other than medical and dental)
|
1 for every 250 square feet of floor area.
|
|
Public and government buildings
|
1 for every 800 square feet of gross floor area.
|
|
Restaurants, eating and drinking establishments and catering
halls
|
1 for every 3 seats, plus 1 for each 2 employees.
|
|
Restaurants, fast food
|
1 for each 2 seats, plus 1 for each 2 employees in the maximum
work shift, or a minimum of 40, whichever is greater.
|
|
Retail stores, store groups, shops and shopping centers
|
1 for each 150 square feet of floor area, where the floor area
shall not exceed 2,000 square feet, or 1 for each 200 square feet
of floor area where the floor area shall exceed 2,000 square feet.
|
|
Single-and two-family dwellings
|
Single-family dwellings shall provide for at least 2 off-street
parking spaces, at least 1 of which shall be required to be a fully
enclosed garage. Two-family dwellings shall provide for at least 5
off-street parking spaces, at least 2 of which shall be required to
be a fully enclosed garage.
|
|
Theaters
|
1 for every 3 seats.
|
|
Warehouse and storage establishments
|
1 for every 1,500 square feet.
|
|
Other uses
|
To be determined by the approving authority.
|
19-7.4.
Parking Aisle Width. Provisions shall be made for the safe and adequate
circulation of pedestrians and vehicles within and adjoining the subject
property. The width of all aisles providing direct access to individual
parking stalls shall be in accordance with the standards established
in Table B.
|
Table B
| ||
|---|---|---|
|
Minimum Aisle Width
| ||
|
Minimum Aisle Width
(feet)
| ||
|
Parking Angle
(degrees)
|
One-Way
|
Two-Way
|
|
0 (Parallel Parking)
|
12
|
25
|
|
30
|
12
|
n/a
|
|
45
|
15
|
n/a
|
|
60
|
18
|
n/a
|
|
90 (Perpendicular)
|
25
|
25
|
19-7.5.
Size of Parking Stalls. Parking stalls shall have a minimum area
of 200 square feet of space, which shall measure 10 feet in width
and 20 feet in length.
19-7.6.
Circulation Within Parking Area.
a.
Except
for attendant parking, all parking spaces shall be designed free and
clear of any obstruction to individual parking stalls. Such parking
spaces shall be located in such a fashion as to permit all vehicles
to exit in a safe and orderly manner. Under no condition shall vehicles
be permitted to back out of a parking lot driveway or otherwise block
the free movement of traffic within the parking area or specific points
of safety control, such as fire hydrants, doorways, elevators or other
similar locations. Parking and loading areas shall be designed to
permit each motor vehicle to proceed to and from the parking or loading
space provided for it without requiring the moving of any other motor
vehicle.
b.
Aisle
widths and circulation patterns shall be designed to permit emergency
and service vehicles, such as delivery trucks, solid waste collection
vehicles and the like, to have reasonable access to and space for
their intended functions.
c.
Pedestrian
circulation within a parking area shall be separated, to as great
an extent as possible, from vehicular traffic. Safety zones, crossing
points and sidewalk areas, where warranted, shall be provided.
d.
The
use of pedestrian carts, or other similar accessory vehicles shall
not be permitted to be retained within the driving area of the parking
facility.
19-7.7.
Size of Parallel Parking Stalls; Aisle Width. The parallel parking
stalls shall have a minimum width of eight feet and a minimum length
of 22 feet. In addition, the minimum aisle width shall be 12 feet.
19-7.8.
Driveways; Sight Distances; Geometric Design.
a.
Location.
1.
All entrance and exit driveways to a public or private street shall
be so located to afford maximum safety to such roadway, to provide
for safe and convenient ingress and egress and to minimize conflict
with the flow of traffic.
2.
Where a site is located at the intersection of two streets, no driveway
entrance or exit shall be located within 50 feet of the point where
the curb return of the street intersection and the curbline meet.
3.
No part of any driveway shall be closer than 25 feet from any other
driveway on an adjoining parcel, nor shall more than one driveway
be located closer than 75 feet to another driveway on the same site,
as measured from the closest edge of any two driveways along the same
right-of-way line.
4.
No entrance or exit driveway shall be located on a traffic circle,
on a ramp of an interchange or within 50 feet of the beginning of
any ramp or other portion of an interchange.
b.
Limited
Access. In no case shall there be permitted unrestricted access along
the length of the street or streets upon which the parking area abuts.
c.
Sight
Distances.
1.
The minimum sight distance established in Table C shall be adhered
to between a driveway and the adjoining street, in accordance with
the definition of a sight triangle. Such driveway shall be designed
in profile and grading, which shall be reviewed by the Borough Engineer.
2.
For the purpose of this chapter, sight distance measurement shall
be measured from the driver's seat of a standard vehicle located on
that portion of the exit driveway that is immediately contiguous to
the traveled way, with the front of the vehicle 10 feet behind the
right-of-way line of the road and with the height of the eye 3.75
feet to the top of an object 4.5 feet above the pavement.
|
Table C
| |
|---|---|
|
Minimum Sight Distance From Driveway
| |
|
Speed Limit on Roadway
|
Minimum Sight Distance
|
|
25 mph
|
175 feet
|
|
30 mph
|
250 feet
|
|
35 mph
|
325 feet
|
|
40 mph
|
400 feet
|
|
45 mph
|
450 feet
|
|
50 mph or more
|
500 feet
|
d.
Driveway
Width. Continuous open driveways in excess of the requirements of
Table D, without curbing, shall be prohibited.
e.
Design.
The geometric design of a driveway connection to a public or private
street shall be governed by sound traffic engineering principles.
The following guidelines are utilized in preparing a geometric design,
but some deviation may be necessitated from time to time due to the
many vehicles encountered in the course of preparing a design. The
applicant should be aware, therefore, that although the driveway layout
may conform to these guidelines, conditions may dictate deviations
from them, and the requirements of the borough engineer shall be final.
1.
Two-Way Operation. Driveways used for two-way operation shall intersect
a public or private street at an angle to as near 90° as site
conditions will permit, and in no case shall be less than 60°.
|
Table D
| ||||||
|---|---|---|---|---|---|---|
|
Drive Widths, Depressed Curbs and Curb Return Radius Standards
| ||||||
|
One-Way Operation
|
Two-Way Operation
| |||||
|
Use
|
Driveway Width
|
Depressed Curb
|
Curb Return Radius
|
Driveway Width
|
Depressed Curb
|
Curb Return Radius
|
|
3 to 10 Family Residence
|
12' to 15'
|
32' to 35'
|
20' minimum 30' maximum
|
22' to 26'
|
44' to 50'
|
20' minimum 30' maximum
|
|
Over 10 Family Residence
|
15' to 16'
|
35' to 38'
|
20' minimum 30' maximum
|
24' to 30'
|
46' to 52'
|
20' minimum 30' maximum
|
|
Commercial & Industrial
|
15' to 30'
|
35' to 50'
|
25' minimum 45' maximum
|
30' to 50'
|
50' to 70'
|
35' minimum 45' maximum
|
|
Service Stations
|
20' to 30'
|
35' to 50'
|
20' minimum 35' maximum
|
40' to 50'
|
50' to 60'
|
20' minimum 35' maximum
|
2.
One-Way Operation. Driveways used for vehicles in one direction of
travel (right turn only) shall not form an angle smaller than 45°
with a public street.
3.
Dimensions. The dimension of the driveways shall be designed to adequately
accommodate the volume and character of vehicles anticipated to be
attracted daily onto the land development for which a site plan is
prepared. The required maximum and minimum dimensions for driveways
connecting to a public or private street at 90° are indicated
in Table D. Driveways serving large volumes of daily traffic, or traffic
over 25% of which is truck traffic, shall be required to utilize high
to maximum dimensions. Driveways serving low daily traffic volumes,
or traffic less than 25% of which is truck traffic, shall be permitted
to use low minimum dimensions.
4.
Vertical Curves. Any vertical curve on a driveway shall be flat enough
to prevent the dragging of any vehicle undercarriage.
5.
Sidewalks. Should the sidewalk be so close to the curb at a depressed
curb driveway as to cause the ramp to be too steep and be likely to
cause undercarriage drag, the sidewalk shall be appropriately lowered
to provide a suitable ramp gradient.
f.
Surface.
The surface of any driveway shall be constructed with a permanent
pavement of a type specified by standards set by the borough engineer.
Such pavement shall extend to the paved portion of the public or private
street pavement.
19-7.9.
Guardrails, Wheel Stops and Striping.
a.
Guardrails
shall be provided in appropriate locations where required for safety
purposes.
b.
Wheel
stops, permanently anchored to the ground, may be required in appropriate
locations. Parked vehicles shall not overhang or extend over sidewalk
areas unless an additional sidewalk width of 2 1/2 feet is provided
to accommodate such overhang.
c.
Parking
stalls, driveways and aisles shall be clearly marked and delineated.
The approving authority may require that certain areas be maintained
for fire-fighting purposes or other emergency purposes. These areas,
as well as other pavement signage, shall be appropriately designated.
19-7.10.
Grades in Parking Areas. The minimum and maximum parking grades shall
be in accordance with the following requirements:
|
Maximum
|
Minimum
| |
|---|---|---|
|
Parking Stalls & Service Aisles
|
6%
|
1/2%
|
|
Main Approach Walkways to Buildings
|
4%
|
1/2%
|
|
Collector or other Service Walkways
|
8%
|
1/2%
|
|
Swales
|
10%
|
2%
|
|
Principal Circulation Aisles
|
8%
|
1/2%
|
|
Driveways; Entrances & Exits
|
6%*
|
1/2%*
|
|
*NOTE: For a distance of 100 feet from the street right-of-way
line. Driveway intersections with any roadway within a distance of
35 feet from the curbline, as measured along the center line of the
driveway, shall not exceed a grade of 1.5%.
|
19-7.11.
Maintenance of Off-Street Parking and Loading Areas. Every parcel
of land used as a public or private off-street parking or loading
area shall be maintained in good condition, free of hazards and deterioration.
All pavement areas, sidewalks, curbs, drainage facilities, lighting,
bumpers, guardrails, markings, signs, landscaping and other improvements
shall be maintained in workable, safe and good condition.
19-7.12.
Waiver of Parking Requirements. If any applicant can clearly demonstrate
to the approving authority that, because of the nature of the operation
or use, the parking requirements of this section are unnecessary or
excessive, the approving authority shall have the power to approve
a site plan showing less paved parking area than required by this
section; provided, however, that a landscaped area of sufficient size
to meet the deficiency shall be set aside and reserved for the purpose
of meeting future off-street parking requirements in the event that
a change of use of the premises shall make such additional off-street
parking spaces necessary.
19-7.13.
Additional Off-Street Parking Requirements.
a.
Limitations as to Use. All off-street parking areas shall be used
solely for the parking of passenger cars and automobiles. No commercial
repair work or service of any kind shall be conducted on such parking
lot.
b.
Nonavailability. At any time that the required off-street parking
facilities cease to be available as required, the certificate of occupancy
for the building or buildings built in conjunction with such parking
areas shall be revoked and become null and void.
c.
Charges. There shall be no charge made for the use of open off-street
parking facilities, and no cars other than self-propelled passenger
vehicles shall be permitted to use any of the off-street parking facilities,
except for emergency purposes.
d.
Traffic Markers and Paint Striping.
1.
The side perimeter of each parking space shall be delineated by painted
lines on the pavement for the length of the parking space. The width
of all lines shall not be less than four inches nor more than six
inches, and shall be uniform in the entire parking area.
2.
One-way aisles shall be marked with directional arrows on the ground
no less than eight feet long, with directional arrows at each end
of the aisle. Two-way aisles shall be marked with two directional
arrows on the ground, each not less than eight feet long. Two-way
aisles shall also be marked with a center line not less than four
inches wide. Parking aisles that lead to private roadways or driveways
on the property shall be marked. STOP signs shall be provided in every
case where there are more than 20 parking spaces provided off any
aisle that leads into another interior roadway or driveway.
3.
All traffic markers, traffic signs, traffic signals and traffic-control
devices shall be constructed, erected, delineated and maintained in
accordance with the standards, regulations and requirements set forth
in the Manual on Uniform Traffic Control Devices prepared by the United
States Department of Transportation, Federal Highway Administration,
latest revision.
4.
All traffic markers and traffic signals, directional arrows, arrows,
parking space delineation lines and traffic-control devices shown
on an approved site plan are required to be installed and maintained
in good condition sufficient to serve their intended purpose.
19-7.14.
Construction of Off-Street Parking Areas.
a.
All off-street parking areas shall be graded and drained so as to
dispose of all surface water in a manner so as not to unreasonably
impair the surroundings.
b.
All off-street parking areas, aisles and driveways shall be surfaced
with asphalt, bituminous concrete, concrete or any other stone or
brick surface, according to specifications established for this purpose
by the borough engineer.
c.
All parking areas and access drives shall be edged by a concrete
curb or Belgium block, as set forth herein.
19-7.15.
Off-Street Loading Requirements.
a.
In any district, in connection with every building, building group
or part thereof hereinafter erected, which is to be utilized by industrial
and commercial use, or requires the distribution by vehicles of material
or merchandise, and for any residential development containing 30
or more dwelling units, and for large-scale and quasi-public uses,
there shall be provided and maintained, on the same zone lot with
such building, off-street loading spaces in accordance with the requirements
of Table E.
b.
Each such loading space shall not be less than 12 feet in width and
35 feet or more in length, depending upon the functions to be performed.
The overall floor-to-ceiling height, or clear height distance, shall
not be less than 12 feet, which may be increased where required.
|
Land Use*
|
Floor Area at Which 1st Berth Required
(square feet)
|
Floor Area at Which 1st Berth Required
(square feet)
|
|---|---|---|
|
Industrial
| ||
|
Manufacturing
|
0 to 5,000
|
40,000
|
|
Warehouse
|
0 to 5,000
|
40,000
|
|
Laboratory, Research
|
0 to 5,000
|
40,000
|
|
Commercial
| ||
|
Wholesale
|
0 to 5,000
|
40,000
|
|
Retail
|
0 to 5,000
|
20,000
|
|
Service Establishments
|
0 to 5,000
|
40,000
|
|
Commercial Recreation
|
0 to 5,000
|
100,000
|
|
Restaurants
|
0 to 2,000
|
25,000
|
|
Office Buildings
|
0 to 10,000
|
100,000
|
|
Hotels
|
0 to 10,000
|
100,000
|
|
Funeral Homes
|
0 to 10,000
|
100,000
|
|
Institutional, Public
| ||
|
Schools
|
0 to 10,000
|
100,000
|
|
Hospitals, Nursing Homes
|
0 to 10,000
|
100,000
|
|
Auditoriums, Arenas
|
0 to 10,000
|
100,000
|
|
NOTES:
| |
|
*
|
In the case of a multiple use building, the amount of off-street
loading required shall be equal to the sum of the parts, unless the
same can be demonstrated to be excessive in the opinion of the approving
authority.
|
|
**
|
An additional berth shall be required for each additional amount
of square feet as indicated as required between the need for one and
two berth intervals.
|
c.
Except for required buffer areas, each such loading space may occupy
any required side or rear yard, but shall not be located in the required
front yard. When adjoining a residential use, institutional use or
place of general assembly, a suitably screened or landscaped buffer
shall be provided.
d.
Off-street loading spaces shall not be located within any fire prevention
zone, within 25 feet of any fire hydrant or within 10 feet of any
stairway, doorway, elevator or other general means of entry to and
from a building for the general public, nor shall it block or in any
way interfere with the free flow of pedestrians from any means of
ingress or egress, nor shall it interfere with the free flow of pedestrians
or vehicles. All such loading spaces shall be appropriately indicated
by sign or other visual communication as to such location.
e.
All loading and unloading operations shall be conducted entirely
within the boundaries of the lot concerned, and no vehicle or conveyance
shall in any manner use public streets, sidewalks or rights-of-way
for loading or unloading operations, other than for ingress or egress
to the lot.
19-7.16.
Exterior Lighting.
a.
In connection with every site plan, the applicant shall submit plans
for all proposed exterior lighting. These plans shall include the
location, type of light, radius of light and height and intensity,
in footcandles. Any lighting used to illuminate any off-street parking
and loading areas shall be shielded and so arranged as to reflect
the light away from residential premises and streets.
b.
Lighting shall not be permitted which requires flashing or intermittent
illumination. Lighting which requires change in color, intensity or
hue shall likewise be prohibited.
c.
Lighting shall in no way interfere with, detract from or diminish
in any way the effectiveness of any traffic signal or similar safety
or warning device.
19-7.17.
Sign Plan.
a.
Each site plan application shall include a sign plan showing the
specific design, location, size, construction and illumination.
b.
If the applicant is unable to provide such details for signs, the
approving authority shall condition its approval upon receipt of the
same prior to the issuance of a certificate of occupancy.
19-7.18.
Landscaping Plan. A landscaping plan shall be submitted with each
site plan application. The plan shall identify existing and proposed
trees, shrubs, bushes, plant material, ground cover and natural features,
such as boulders and rock outcroppings.
19-7.19.
Buffer Areas.
a.
Buffer, including fences, landscaping berms and mounds, shall be
used to minimize any adverse impacts or nuisances from the site to
adjacent areas.
b.
Screen planting of a dense evergreen material, not less than four
feet in height shall be provided and maintained around the outside
boundary of off-street parking and loading areas for more than six
vehicles. A fence with a maximum of 3/4 inch spacing and not less
than four feet in height may be provided. Such fencing shall be maintained
in good condition and without advertising.
19-7.20.
Utilities.
a.
Gas, electric and telephone services shall be provided by the applicant,
in concert with the appropriate public utility providing such service,
as a part of an underground system.
b.
If such facilities cannot reasonably be provided due to the topographic
or geologic condition of the land, or due to technological circumstances,
and where the applicant can adequately demonstrate the lack of feasibility
of the same to the satisfaction of the approving authority, a waiver
of this requirement may be granted.
c.
Where existing utility lines, such as electric and telephone poles
exist off-tract and require relocation as a result of the proposed
development, the approving authority shall be assured that such relocation
will not create or maintain any hazard or dangerous conditions.
19-7.21.
Water Supply; Sanitary Sewage Disposal. Adequate provisions for water
supply and sanitary sewage disposal shall be indicated. Such facilities
shall include, and not be limited to, approvals, where appropriate,
of the engineer of the serving utility company, department of health
and fire department. The locations of all proposed fire hydrants,
or similar facilities, shall be indicated on the plan, and such areas
shall provide for appropriate fire lanes or protective areas, which
shall not be impeded by parking areas, standing vehicles or other
obstructions, particularly in commercial centers.
19-7.22.
Drainage Facilities.
a.
Provisions shall be made for the drainage of surface runoff waters
in and from the premises so that flooding and erosion of the property
and the property of others will be prevented. Each site plan submitted
to the approving authority shall be reviewed by the engineer to establish
requirements to prevent adverse drainage conditions, both on and off
the site. All open ditches shall be piped in accordance with the planning
board engineer's specifications.
b.
The drainage system shall be designed in conformance with accepted
engineering standards. To facilitate the review of proposed drainage
facilities for the development, design calculations prepared by the
applicant's engineer shall accompany the application. The design considerations
shall include, and not be limited to, drainage areas, runoff calculations,
storm drains, pipelines, inlet designs and manholes. Unless otherwise
stipulated by the Borough Engineer, drainage facilities shall be designed
on the basis of a one-hundred-year storm.
19-7.23.
Sewer and Drainage Easements. The approving authority may require,
as a part of the site plan approval, that the applicant or owner dedicate
to the borough an easement, not greater than 25 feet nor less than
15 feet wide, from each side of the bank of a stream, drainage facility
or sewer or drainage pipe for access to any lot under consideration
for site plan approval.
19-7.24.
Curbing.
a.
Where curbing is lacking, an applicant for site plan approval shall
install curbing along the extent of all property fronting public and
private streets, in accordance with municipal standards and specifications.
The borough engineer may require curbing within parking areas in order
to facilitate drainage and provide separation between pedestrian and
vehicular movement.
b.
Curb and grading and alignment is to be determined as established
in the area, unless otherwise required by the borough engineer.
c.
Where a proposed driveway is to serve any land development of 50
or more parking spaces, curbing need not be carried across the driveway
opening as a depressed curb, but rather may be swept back as curb
returns. Where the driveway serves a facility having fewer than 50
parking spaces, a depressed curb driveway shall be utilized.
19-7.25.
Street Widening.
a.
The right-of-way width, measured from lot line to lot line, shall
not be less than 50 feet, except when shown at a greater width on
the Master Plan or Official Map, or such street constitutes an extension
of an existing street.
b.
In connection with site plans that adjoin or include existing streets
that do not conform to widths as shown on the Official Map or Master
Plan, or are less than 50 feet in width, the applicant shall dedicate
additional width along either one or both sides of such road. If the
site plan is along one side only, 1/2 of the required difference in
roadway width shall be dedicated.
19-7.26.
Sidewalks.
a.
Each land development requiring site plan approval may be required
to provide a sidewalk within the street right-of-way.
b.
Pedestrian walkways or sidewalks may also be required for any development
of 50 or more parking spaces within such parking area to provide convenient
and safe access for pedestrian circulation.
c.
Sidewalks shall be constructed of concrete, brick or other similar
material and shall be at least four feet in width.
d.
Sidewalks between parking areas and principal structures, along aisles
and driveways, and wherever pedestrian traffic shall occur shall be
raised six inches or more above the parking area, except when crossing
streets or driveways. Sidewalks, when constructed along the building,
shall be located not less than three feet from the building.
19-7.27.
Storage of Refuse; Collection.
a.
Provisions shall be made for the proper storage and collection of
refuse, including provisions for recycling in accordance with the
borough recycling program. All such storage shall be maintained within
the confines of an enclosed building or structure and shall be reasonably
accessible for vehicular collection on the site or shall be appropriately
screened and landscaped where outdoor storage is necessary.
b.
The board of health shall approve the location and method of collection
on the site.
19-7.28.
Retaining Walls. Retaining walls shall be designed to be safe and
adequate for the purpose intended. Such walls shall not detract from
the aesthetics of the site when constructed.
19-7.29.
Outdoor Storage Areas. Outdoor storage, where permitted, shall be
suitably located and approved by the approving authority, which shall
consider the relationship of such areas to adjacent properties and
roadways; provided, however, that in all such cases where storage
is permitted, such areas are suitably screened, as provided in section
19-7.32.
19-7.30.
Design Standards for Physically Handicapped.
a.
Compliance with Statutes. In accordance with N.J.S.A. 52:32-4, et
seq., 52:32-11, et seq., and 52:32-14, et seq., all plans and specifications
for the construction or remodeling of any public building, as defined
herein, shall provide facilities for the physically handicapped.
b.
Design Facilities for Buildings.
1.
All public buildings shall contain at least one principal entrance
accessible to and usable by physically handicapped persons, which
shall be either ramped or at ground level.
2.
On each floor open to the public, at least one water closet shall
be provided for each sex. In general, toilet facilities shall be provided
to accommodate wheelchair occupants, which shall include adequate
stall door width, grab rails, sufficient space and appropriate height.
3.
A drinking fountain shall be provided on every floor open to the
public of suitable height and extension for wheelchair occupants.
4.
In any multistory building, an elevator sufficient in size to accommodate
a wheelchair shall be provided.
5.
At least one public telephone, at a height accessible to wheelchair
occupants, shall be provided.
c.
Parking Lot Design.
1.
A minimum of 1% of the total number of parking spaces, but not fewer
than two parking spaces, shall be designed and designated for physically
handicapped persons. Such spaces shall be most accessible and approximate
to the building or buildings which the parking spaces serve.
2.
Each space, or group of spaces, shall be identified with a clearly
visible sign displaying the International Symbol of Access, along
with the following wording: "These spaces reserved for physically
handicapped."
3.
Each space shall be 12 feet wide to allow room for persons in wheelchairs
or on braces or crutches to get in and out of either side of an automobile
onto a level, paved surface suitable for wheeling and walking.
4.
Where possible, such spaces shall be located so that persons in wheelchairs
or using braces or crutches are not compelled to wheel or walk behind
parked cars.
5.
Where applicable, curb ramps shall be provided to permit handicapped
people access from the parking area to the sidewalk.
d.
Sidewalks. A sidewalk hereafter constructed or reconstructed on public
or private property for public use shall be constructed in a manner
that will facilitate use by physically handicapped persons. At points
of intersection between pedestrian and motorized lines of travel,
and at other points where necessary to avoid abrupt changes in grade,
a sidewalk shall slope gradually to street level so as to provide
an uninterrupted line of travel.
19-7.31.
Architectural Screening of Mechanical Equipment. Architectural screening
of any mechanical equipment on the roof or outside of any building
shall be installed so as to screen the mechanical equipment from view.
"Architectural screening", for purposes of this section, shall be
deemed to mean the use of metal, stone or other relatively maintenance
free material, in slats or other design, so as to screen and prevent
the direct view of the mechanical equipment. The term "mechanical
equipment" includes fans, air-conditioning equipment, elevator housing,
water towers, compressors, heating equipment and any other equipment
of any kind.
19-7.32.
Screening and Confinement of Materials Kept Outside.
a.
Any materials left or kept outside of a building shall be screened
and kept within limited confines. Any materials, trash or refuse,
or any combination, kept or left outside of a building, and any containers
for such material, shall either be:
1.
Finished and screened in a manner shown on the proposed site plan,
designed to meet the applicable requirements herein;
2.
Enclosed on all four sides with the same material that is used for
the outer surface of the exterior walls of the building adjacent thereto,
except for entry gates; or
3.
Enclosed and screened in any other manner approved by the approving
authority, provided that the same is designed to effectively confine
the material within the enclosed area and screen the same from other
areas outside the building, and is a material that is not likely to
create problems of maintenance, sanitation and nuisance.
b.
Nothing contained herein shall be deemed to authorize the storage of any material in any zone where such use of the property is not otherwise permitted by section Chapter XXI, Zoning, and all other applicable laws and regulations. If the applicant does not propose any outside storage of such materials, the plan shall so indicate. The applicant shall not thereafter store any of such materials outside of the building unless a plan is submitted to and approved by the approving authority for such purpose.
19-8.1.
Installation of Improvements or Performance Guarantees Required.
a.
Before
recording final subdivision plats or approved site plan plats, the
approving authority shall require that the applicant shall have installed,
or shall have furnished performance guarantees for the installation
of on-tract improvements in accordance with borough specifications
as follows: streets, street signs, grading, pavements, curbs, gutters,
sidewalks, walkways, street lighting, shade trees, water mains, fire
hydrants, culverts, storm sewers, sanitary sewers and other means
of sewage disposal, drainage structures, erosion control and sedimentation
control devices, public improvements of open space and surveyor's
monuments, as required by the Map Filing Law, N.J.S.A. 46:23-9.9,
et seq.
b.
All
such required improvements shall be certified by the borough engineer,
unless the applicant shall have filed a performance guarantee sufficient
in amount to cover the cost of all such improvements, or uncompleted
portions thereof, as estimated by the borough engineer.
19-8.2.
Performance and Maintenance Guarantees.
a.
Before
recording of final subdivision plats, or as a condition of final site
plan approval, or as a condition to the issuance of a zoning variance,
the approving authority may require, and shall accept for the purpose
of assuring the installation and maintenance of on-tract improvements:
1.
The furnishing of a performance guarantee in favor of the borough
in an amount not to exceed 120% of the cost of installation for improvements,
including streets, grading, pavement, gutters, curbs, sidewalks, street
lighting, shade trees, surveyor's monuments as shown on the final
map and required by the Map Filing Law, N.J.S.A. 46:23-9.9, et seq.,
water mains, culverts, storm sewers, sanitary sewers or other means
of sewage disposal, drainage structures, erosion control and sedimentation
control devices, public improvements of open space and, in the case
of site plans only, other on-site improvements and landscaping.
2.
Provisions for a maintenance guarantee to be posted with the governing
body for a period not to exceed two years after final acceptance of
the improvements, in an amount not to exceed 15% of the cost of the
improvements. In the event that other governmental agencies or public
utilities automatically will own the utilities to be installed, or
the improvements are covered by a performance or maintenance guarantee
to another governmental agency, as the case may be, no such guarantee
shall be required by the borough for such utilities or improvements.
b.
The
time allowed for installation of the improvements for which the performance
guarantee has been provided may be extended by the governing body
by resolution. As a condition or as part of any such extension, the
amount of any performance guarantee shall be increased or reduced,
as the case may be, to an amount not to exceed 120% of the cost of
the installation, as determined as of the time of the passage of the
resolution.
c.
If
the required improvements are not completed or corrected in accordance
with the performance guarantee, the obligor and surety, if any, shall
be liable thereon to the borough for the reasonable costs of the improvements
not completed or corrected, and the borough may, either prior to or
after the receipt of the proceeds thereof, complete such improvements.
d.
Upon
substantial completion of all required appurtenant utility improvements
and the connection of the same to the public system, the obligor may
notify the governing body, in writing, by certified mail addressed
in care of the borough clerk, of the completion or substantial completion
of the improvements, and shall send a copy thereof to the borough
engineer. Thereupon the borough engineer shall inspect all improvements
of which such notice has been given and shall file a detailed report,
in writing, with the governing body, indicating either approval, partial
approval or rejection of such improvements, with a statement of reasons
for any rejection. The cost of the improvements, as approved or rejected,
shall be set forth.
e.
The
governing body shall either approve, partially approve, or reject
the improvements on the basis of the report of the borough engineer
and shall notify the obligor, in writing, by certified mail, of the
contents of such report and the action of the approving authority
with relation thereto not later than 65 days after receipt of the
notice from the obligor of the completion of the improvements. Where
partial approval is granted, the obligor shall be released from all
liability pursuant to its performance guarantee except for that portion
adequately sufficient to secure completion of the improvements not
yet approved; provided that 30% of the amount of the performance guarantee
posted may be retained to ensure completion of all improvements. Failure
of the governing body to send or provide such notification to the
obilgor within 65 days shall be deemed to constitute approval of the
improvements, and the obligor and surety, if any, shall be released
from all liability pursuant to such performance guarantee for such
improvements.
f.
If
any portion of the required improvements is rejected, the approving
authority may require the obligor to complete such improvements, and,
upon completion, the same procedure of notification as set forth in
this section shall be followed.
g.
Nothing
herein, however, shall be construed to limit the right of the obligor
to contest by legal proceedings any determination of the governing
body or the borough engineer.
h.
The
obligor shall reimburse the borough for all reasonable inspection
fees paid to the borough engineer for the foregoing inspection of
improvements, provided that the borough may require of the developer
a deposit for all, or a portion, of the reasonably anticipated fees
to be paid to the borough engineer for such inspection.
i.
In
the event that final approval is by stages or sections of development
pursuant to N.J.S.A. 40:55D-38, the provisions of this section shall
be applied by stage or section.
j.
Simultaneous
with the submission of a maintenance guarantee, the applicant shall
file with the borough as-built drawings accurately showing the location,
profile and size of all storm drains, catch basins, sanitary sewers,
water mains and all utility and service connections constructed in
the subdivision or site plan.
19-8.3.
Exceptions From Guarantee Requirements. In the event that other governmental
agencies or public utilities automatically will own the utilities
to be installed, or the improvements are covered by a performance
or maintenance guarantee to another governmental agency, no performance
or maintenance guarantee, as the case may be, shall be required by
the borough for such utilities or improvements.
19-8.4.
Inspection and Approval of Improvements. All improvements listed
in section 19-7 shall be subject to inspection and approval by the
borough engineer, who shall be notified by the applicant at least
24 hours prior to the start of construction. No underground installation
shall be covered until inspected and approved.
19-9.1.
Final Approval Prerequisites. Prior to the granting of final approval
of any subdivision or planned development, and prior to the issuance
of any building permits for any land use, including land uses which
require site plan approval, pursuant to this chapter, and prior to
approval of any residence or other use of property on an unimproved
street or where any off-tract improvements have not then been installed,
the developer shall pay his/her pro rata share of the cost of providing
any reasonable and necessary street improvements and water, sewerage
and drainage facilities, and easements therefor, located outside the
property limits of the development but necessitated or required by
construction or improvements within the development. All payments
shall be in the manner provided in section 19-9.3 below, it being
the intent of this section that the developer bear that portion of
the cost which bears a rational nexus to the needs created by the
development and/or benefits conferred upon such development.
19-9.2.
Improvements Required. Off-site and off-tract improvements shall
include the following:
a.
All
improvements of the types described in section 19-7 for on-site installation
where the need for the providing of such improvements off-site or
off-tract is, in whole or in part, made necessary by the proposed
development application of the developer, and where the making of
such improvements will confer a benefit upon the developer's lands
which are the subject of the development application.
b.
Any
improvement or facility, the installation of which is required in
the public interest and the public need for which would not arise
but for the improvement of the lands which are the subject of the
development application, and the installation of which would confer
a benefit upon the developer's lands which are the subject of the
development application.
In addition to improvements of the type described in section
19-7, and referred to in subsection 19-9.1, above, improvements required
to maintain a safe flow of vehicular and pedestrian traffic are specifically
declared to be necessary in the public interest.
c.
The
installation of new, or the extension or modification of existing,
improvements made necessary, in whole or in part, by the development
application which will be benefitted by the improvement.
19-9.3.
Determination of Nature of Improvement.
a.
Consistent
with the provisions of this chapter, the governing body, with the
assistance of the board and other appropriate borough departments,
shall, prior to the imposition of any conditions on a development
application, determine whether the off-site, off-tract improvement
is to be constructed by the borough as a general improvement, as a
local improvement or whether such improvement is to be constructed
by the developer, with a formula providing for partial reimbursement
if the improvement specially benefits properties other than those
of the developer.
b.
Once
the foregoing determination has been made, the board shall estimate,
with the aid of the borough engineer and such other persons having
pertinent information or expertise, the cost of the improvement and
the amount by which all properties to be serviced thereby, including
the developer's property, will be specially benefitted therefrom.
c.
Following
the aforesaid determinations by the board, the developer may be required
to provide, as a condition for approval, a bond or cash deposit to
ensure payment to the borough of one of the following amounts:
1.
If the improvement is to be constructed by the borough as a general
improvement, an amount equal to the difference between the estimated
cost of the improvement and the estimated total amount by which all
properties to be serviced thereby, including the developer's property,
will be specially benefitted by the improvement.
2.
If the improvement is to be constructed by the borough as a local
improvement, then, in addition to the amount referred to in paragraph
1, above, the estimated amount by which the developer's property will
be specially benefitted by the improvement.
3.
If the improvement is to be constructed by the developer, an amount
equal to the estimated cost of the improvement.
d.
The
amounts of money required pursuant to this section shall be estimated
sums, and such amounts shall be redetermined by the borough following
the completion of the improvement to ensure that the developer shall
pay only his appropriate share of the cost thereof.
e.
Should
a developer pay under protest the amount which has been determined
as his/her pro rata share, such developer must institute legal action
within one year of such payment in order to preserve the right to
a judicial determination as to the fairness and reasonableness of
such amount.
19-9.4.
Assessment of Properties.
a.
The
borough shall assess all properties, other than the property of the
developer specially benefiting from installation of any off-site or
off-tract improvements, based upon the actual cost thereof, pursuant
to statutory provisions. However, principal amounts received by the
borough from such assessments, together with interest from property
owners who have elected to pay for such assessments over a period
of years, shall, in the case where the developer is the installer
of the off-site or off-tract improvements, be credited to the real
estate account of the applicant's property. In the case where there
has been an apportionment of cost against the borough for the required
off-site or off-tract improvements, then the borough shall pay its
portion of cost to the developer not more than three months after
the completed installations have been approved by the borough engineer.
b.
In
the event of any default in payment of an assessment levied by the
borough, pursuant to paragraph a, above, then the borough shall exercise
its remedies allowed by law and, if thereafter the balance of principal
and interest due upon the subject assessment has not been fully satisfied
by payment to the borough and credit thereof given to the real estate
account of the developer's property, then the borough shall forthwith
pay such balance to the developer or his/her then successor in interest.
19-9.5.
Developer's Share of Cost of Improvements Installed by Others. In
the event that the developer shall not be required to install off-site
or off-tract improvements by virtue of the provisions of this chapter,
then the developer shall pay to the borough treasurer the amount of
the developer's share of the finally determined cost of the off-site
or off-tract improvement. All moneys received by the borough in accordance
with the provisions of this section shall be deposited in an interest-bearing
account, and such funds shall be used only for the improvements for
which they are deposited or improvements serving the same purpose.
If the improvements are not initiated within a period of 15 years
from the date of payment, or other mutually agreeable period of time,
all deposited funds shall be returned to the developer, together with
accumulated interest.
19-9.6.
Maintenance of Open Space; Organizations.
a.
Under
the provisions of this chapter and state statutes, the Borough of
East Rutherford, other governmental agencies, the board of education,
state, county and other public bodies can be designated to maintain
and accept public open space for recreational or conservational uses.
b.
Where
dedicated open space is required, the applicant shall provide for
an organization for the ownership and maintenance of such open space
for the benefit of owners or residents of the development, if such
open space is not dedicated to the borough or other governmental agency.
Such organizations shall not be dissolved and shall not dispose of
any open space, by sale or otherwise, except to an organization conceived
and established to own and maintain the open space for the benefit
of such development, and thereafter such organization shall not be
dissolved or dispose of any of its open space without first offering
to dedicate the same to the borough.
c.
In
the event that such organization shall fail to maintain the open space
in reasonable order and condition, the administrative officer may
serve written notice upon the owners of the development setting forth
the manner in which the organization has failed to maintain the open
space in reasonable condition. Such notice shall include a demand
that such deficiencies of the maintenance be cured within 35 days
thereof and shall state the date and place of a hearing thereon, which
shall be held within 15 days of the notice. At such hearing, the designated
municipal body or administrative officer may modify the terms of the
original notice as to deficiencies and may give a reasonable extension
of time, not to exceed 65 days, within which they may be cured. If
the deficiencies set forth the original notice, or in the modification
thereof, shall not be cured within such 65 days, or any permitted
extension thereof, the borough, in order to preserve the open space
and maintain the same for a period of one year, may enter upon and
maintain such land. Such entry and maintenance shall not vest in the
public any rights to use the open space, except when the same is voluntarily
dedicated to the public by the owners. Before the expiration of such
year, the designated borough body or officer, as the case may be,
upon its initiative or upon the request of the organization theretofore
responsible for the maintenance of the open space, shall call a public
hearing, upon 15 days' written notice to such organization and to
the owners of the development, to be held by such borough body or
officer, at which hearing such organization and the owners of the
development shall show cause why such maintenance by the borough shall
not continue for a succeeding year. If the designated borough body
or officer shall determine that such organization is ready and able
to maintain such open space in reasonable condition, the borough shall
cease to maintain such open space at the end of the year. If the borough
body or officer shall determine such organization is not ready and
able to maintain the open space in reasonable condition, the borough
may, in its discretion, continue to maintain such open space during
the next succeeding year, subject to a similar hearing and determination
in each year thereafter. The decision of the borough body or officer
in any such case shall constitute a final administrative decision,
subject to judicial review.
d.
The
cost of such maintenance by the borough shall be assessed pro rata
against the properties within the development that have a right of
enjoyment of the open space, in accordance with assessed values at
the time of imposition of the lien, and shall become a lien and tax
on such properties, to be added to and be a part of the taxes to be
levied and assessed thereon and enforced and collected, with interest,
by the same officers and in the same manner as other taxes.
19-9.7.
Reservation of Public Areas.
a.
If
the Land Use Plan or Master Plan of Carlstadt, or if the Official
Map of Carlstadt provides for the reservation of designated streets,
public drainageways, flood-control basins or public areas within the
proposed development, before approving a subdivision or site plan,
the approving authority may further require that such streets, ways,
basins or areas be shown on the plat in locations and sizes suitable
to their intended uses. The approving authority may reserve the location
and extent of such streets, ways, basins or areas shown on the plat
in locations and sizes suitable for their intended uses for a period
of one year after the approval of the final plat, or within such further
time as may be agreed to by the developer.
b.
Unless
during such a period or extension thereof the government entity having
jurisdiction shall have entered into a contract of purchase or instituted
condemnation proceedings according to law for the fee or a lesser
interest in the land comprising such streets, ways, basins or areas,
the applicant shall not be bound by such reservations shown on the
plat and may proceed to use such land for private use, in accordance
with applicable development regulations.
The provisions of this subsection shall not apply to the streets
and roadways, flood-control basins or public drainageways necessitated
by subdivision or land development and required for final approval.
19-9.8.
Compensation for Reservation. The applicant shall be entitled to
just compensation for actual loss found to be caused by such temporary
reservation and deprivation of use. In such instances, unless a lesser
amount has previously been mutually agreed upon, just compensation
shall be deemed to be fair market value of an option to purchase the
land reserved for the period of reservation, provided that determination
of such fair market value shall include, but not be limited to, consideration
of real property taxes apportioned to the land reserved and prorated
for the period of reservation. The applicant shall be compensated
for the reasonable increased cost of legal, engineering or other professional
services incurred in connection with obtaining subdivision or site
plan approval caused by the reservation.
19-10.1.
Premature Sale. If, before final subdivision approval has been granted,
any person transfers or sells, or agrees to sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
as owner or agent, any land which forms a part of a subdivision for
which Borough approval is required, such persons shall be subject
to a penalty $1,000. Each lot disposition shall be deemed a separate
violation.
19-10.2.
Civil Action. In addition to the foregoing, the Borough of Carlstadt
may institute and maintain a civil action:
19-10.3.
Effect on Transferee, Purchaser or Grantee. In any action, the transferee,
purchaser or grantee is entitled to a lien upon the portion of the
land from which the subdivision was made that remains in the possession
of the developer, or his assigns or successors, to secure the return
of any deposits made or purchase price paid, together with a reasonable
search fee, survey expense and title closing expense, if any. Any
such action must be brought within two years after the date of the
recording of the instrument of transfer, sale or conveyance of such
land, or within six years if unrecorded.
19-10.4.
Violations and Penalties. Any person violating any of the provisions
of this chapter shall, upon conviction, be punished by a fine not
to exceed $1,000, imprisonment for not more than 90 days or a period
of community service for not more than 90 days, or any combination
thereof, for each offense. Each day that a violation occurs or is
continued constitutes a separate offense.
[Amended 2-17-2021 by Ord. No. 21-1]
19-11.1.
Scope
and Purpose.
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.
b.
Purpose. The purpose of this section is to establish minimum stormwater
management requirements and controls for "major development," as defined
below in Section 19-11.2.
c.
d.
Compatibility with other permit and ordinance requirements.
1.
Development approvals issued pursuant to this section are to be considered
an integral part of development approvals and do not relieve the applicant
of the responsibility to secure required permits or approvals for
activities regulated by any other applicable code, rule, act, or ordinance.
In their interpretation and application, the provisions of this section
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare.
2.
This section is not intended to interfere with, abrogate, or annul
any other ordinances, rule or regulation, statute, or other provision
of law except that, where any provision of this section imposes restrictions
different from those imposed by any other ordinance, rule or regulation,
or other provision of law, the more restrictive provisions or higher
standards shall control.
19-11.2.
CAFRA CENTERS, CORES OR NODES
CAFRA PLANNING MAP
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
a.
DISTURBANCE
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOODS
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
a.
1.
2.
3.
4.
b.
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
a.
b.
c.
d.
REGULATED MOTOR VEHICLE SURFACE
a.
b.
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
TIDAL FLOOD HAZARD AREA
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONES
URBAN REDEVELOPMENT AREA
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions.
For the purpose of this section, the following terms, phrases, words
and their derivations shall have the meanings stated herein unless
their use in the text of this chapter clearly demonstrates a different
meaning. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number
include the singular number, and words used in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory. The definitions below are the same as or based
on the corresponding definitions in the Stormwater Management Rules
at N.J.A.C. 7:8-1.2.
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 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 Commissioners to review
municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
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 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 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:
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
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:
The disturbance of one or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of regulated impervious surface
since February 2, 2004;
The creation of 1/4 acre or more of regulated motor vehicle
surface since March 2, 2021 (or the effective date of this section,
whichever is earlier); or
A combination of the items in Subsection a2 and 3 above that
totals an area of 1/4 acre or more. The same surface shall not be
counted twice when determining if the combination area equals 1/4
acre or more.
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 the items in Subsection a1, 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."
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 Section 19-11.4F of this section and N.J.A.C. 7:8-5.2(g),
that the proposed measure and its design will contribute to achievement
of the design and performance standards established by this chapter.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, ground waters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the State's future redevelopment and revitalization
efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of
these goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal non-stormwater 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
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.
19-11.3.
Design
and Performance Standards for Stormwater Management Measures.
a.
Stormwater management measures for major development shall be designed
to provide erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment as follows:
1.
The minimum standards for erosion control are those established under
the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing
rules at N.J.A.C. 2:90.
2.
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
b.
The standards in this section apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or Water Quality
Management Plan adopted in accordance with Department rules.
1.
Note: Alternative standards shall provide at least as much protection
from stormwater-related loss of groundwater recharge, stormwater quantity
and water quality impacts of major development projects as would be
provided under the standards in N.J.A.C. 7:8-5.
19-11.4.
Stormwater
Management Requirements for Major Development.
a.
The development shall incorporate a maintenance plan for the stormwater
management measures incorporated into the design of a major development
in accordance with Section 19-11.10.
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 Section 19-11.4p, 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 Section 19-11.4o, 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;
2.
The applicant demonstrates through an alternatives analysis that
through the use of stormwater management measures, the option selected
complies with the requirements of Section 19-11.4o, p, q and r to
the maximum extent practicable;
3.
The applicant demonstrates that, in order to meet the requirements
of Section 19-11.4o, p, q and r, existing structures currently in
use, such as homes and buildings, would need to be condemned; and
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 Section 19-11.4d3 above within the upstream drainage
area of the receiving stream, that would provide additional opportunities
to mitigate the requirements of Section 19-11.4o, 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 Section 19-11.4o, 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 this section, the
BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f)
shall take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0%
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0%
|
No
|
Yes
|
2
|
|
Grass swale
|
50% or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0%
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a)(g)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80%
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80%
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60% to 80%
|
No
|
No
|
—
|
|
(Notes corresponding to annotations(a) through (g) are found following Table
3.)
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80%
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80%
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90%
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations (b) through (d) are found following Table
3.)
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue roof
|
0%
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40% to 60%
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80%
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90%
|
No
|
No
|
1
|
|
Wet pond
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation
specified at Section 19-11.4o2;
|
|
(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 Section 19-11.2;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition
of "green infrastructure" at Section 19-11.2.
|
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 Section 19-11.6b.
Alternative stormwater management measures may be used to satisfy
the requirements at Section 19-11.4o only if the measures meet the
definition of "green infrastructure" at Section 19-11.2. Alternative
stormwater management measures that function in a similar manner to
a BMP listed at Subsection o2 are subject to the contributory drainage
area limitation specified at Subsection o2 for that similarly functioning
BMP. Alternative stormwater management measures approved in accordance
with this subsection that do not function in a similar manner to any
BMP listed at Subsection o2 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 Section 19-11.4d is granted from Section 19-11.4o.
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 Section 19-11.8c.
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 Section 19-11.8;
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 Section 19-11.2 may be used
only under the circumstances described at Section 19-11.4o4.
k.
Any application for a new agricultural development that meets the
definition of major development at Section 19-11.2 shall be submitted
to the Soil Conservation District for review and approval in accordance
with the requirements at Section 19-11.4o, 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 Section 19-11.4p, 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 County Clerk or the registrar
of deeds and mortgages of Bergen County.
1.
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 Section 19-11.4o, 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 Section 19-11.10b5
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 Section 19-11.4 of this section and provides the same
level of stormwater management as the previously approved stormwater
management measure that is being altered or replaced. If an alteration
or replacement is approved, a revised deed notice shall be submitted
to the municipality for approval and subsequently recorded with the
Office of the Bergen County Clerk or the registrar of deeds and mortgages,
as applies 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 Section 19-11.4p and q, the design engineer shall utilize
green infrastructure BMPs identified in Table 1 at Section 19-11.4f
and/or an alternative stormwater management measure approved in accordance
with Section 19-11.4g. 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 three times the area
occupied by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
3.
To satisfy the stormwater runoff quantity standards at Section 19-11.4r,
the design engineer shall utilize BMPs from Table 1 or from Table
2 and/or an alternative stormwater management measure approved in
accordance with Section 19-11.4g.
4.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from
strict compliance in accordance with Section 19-11.4d 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 Section 19-11.4g may be used to meet the groundwater
recharge, stormwater runoff quality, and stormwater runoff quantity
standards at Section 19-11.4p, 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 Section 19-11.4p, q and r, unless the project is granted
a waiver from strict compliance in accordance with Section 19-11.4d.
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 Section
19-11.5, 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.
3.
This groundwater recharge requirement does not apply to projects
within the "urban redevelopment area," or to projects subject to Subsection
p4 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.
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 q2 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
eighty-percent TSS reduction for a site, the applicant shall utilize
the following formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
|
|
Where:
| ||
|
R
|
=
|
total TSS percent load removal from application of both BMPs.
|
|
A
|
=
|
the TSS percent removal rate applicable to the first BMP.
|
|
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 Section 19-11.4p,
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 Section 19-11.5, 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 r2(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.
19-11.5.
Calculation
of Stormwater Runoff and Groundwater Recharge.
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 201(4) 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 0862(5) 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 Section 19-11.5a1(a) and the Rational and Modified
Rational Methods at Section 19-11.5a1(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:
1.
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
2.
At New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
19-11.6.
Sources
for Technical Guidance.
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.
19-11.7.
Solids
and Floatable Materials Control Standards.
a.
Site design features identified under Section 19-11.4f above, or
alternative designs in accordance with Section 19-11.4g 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 Section 19-11.7a2 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.
(c)
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.
(d)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven square inches, or be no greater than
two inches across the smallest dimension.
2.
The standard in Subsection a1 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 nine 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 4.625 inches long and 1 1/2 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.
19-11.8.
Safety
Standards for Stormwater Management Basins.
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 Section 19-11.8c1, 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 Section 19-11.8c, 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 to 1 1/2 feet above the
permanent water surface. See Section 19-11.8e 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.
|
Safety Ledge Illustration
Elevation View - Basin Safety Ledge Configuration
 |
19-11.9.
Requirements
for a Site Development Stormwater Plan.
a.
Submission of site development stormwater plan.
1.
Whenever an applicant seeks municipal approval of a development subject
to this section, the applicant shall submit all of the required components
of the Checklist for the Site Development Stormwater Plan at Section
19-11.9c below as part of the submission of the application for approval.
2.
The applicant shall demonstrate that the project meets the standards
set forth in this section.
3.
The applicant shall submit 10 copies of the materials listed in the
checklist for site development stormwater plans in accordance with
Section 19-11.9c of this section.
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 this section.
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 flood plains
along with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
manmade features not otherwise shown.
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 Sections 19-11.3
through 19-11.5 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.
(a)
Comprehensive hydrologic and hydraulic design calculations for
the pre-development and post-development conditions for the design
storms specified in Section 19-11.4 of this section.
(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 onsite boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
7.
Maintenance and repair plan. The design and planning of the stormwater
management facility shall meet the maintenance requirements of Section
19-11.10.
8.
Waiver from submission requirements. The municipal official or board
reviewing an application under this section may, in consultation with
the municipality's review engineer, waive submission of any of
the requirements in Section 19-11.9c1 through 6 of this section when
it can be demonstrated that the information requested is impossible
to obtain or it would create a hardship on the applicant to obtain
and its absence will not materially affect the review process.
19-11.10.
Maintenance
and Repair.
a.
Applicability. Projects subject to review as in Section 19-11.1c
of this section shall comply with the requirements of Section 19-11.10b
and c.
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 incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
5.
If the party responsible for maintenance identified under Section
19-11.10b3 above is not a public agency, the maintenance plan and
any future revisions based on Section 19-11.10b7 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 nonvegetated linings.
7.
The party responsible for maintenance identified under Section 19-11.10b3
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 Section
19-11.10b6 and 7 above.
8.
The requirements of Section 19-11.10b3 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.
19-11.11.
Violations
and Penalties. Any person(s) who erects, constructs, alters, repairs,
converts, maintains, or uses any building, structure or land in violation
of this section shall be subject to the penalties as set forth in
Chapter 1, Subsection 1-7.1a.
19-11.12.
Severability.
Each section, subsection, sentence, clause and phrase of this section
is declared to be an independent section, subsection, sentence, clause
and phrase, and the finding or holding of any such portion of this
section to be unconstitutional, void, or ineffective for any cause,
or reason, shall not affect any other portion of this section.
19-11.13.
Effective
date. This section shall be in full force and effect from and after
its adoption and any publication as required by law.
