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Township of Cranford, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Cranford 3-30-2021 by Ord. No. 2021-06.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 364, Stormwater Management, adopted 12-16-2014 by Ord. No. 2014-25 (Ch. 136, Art. VI, of the 1992 Code).
A. 
Policy statement. Flood control, groundwater recharge, and pollutant reduction through nonstructural or low-impact techniques shall be explored before relying on structural best management practices (BMPs). Structural BMPs should be integrated with nonstructural stormwater management strategies and proper maintenance plans. Nonstructural strategies include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater. Source control plans should be developed by a professional engineer licensed in the State of New Jersey. These plans will be 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 and objectives. It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas of the Township of Cranford by:
(1) 
Protecting human life and health.
(2) 
Minimizing expenditure of public money for costly flood-control projects.
(3) 
Minimizing the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
(4) 
Minimizing prolonged business interruptions.
(5) 
Minimizing damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in floodplains.
(6) 
Maintaining a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future damages from flood.
(7) 
Ensuring that potential property purchasers are notified that property is in a flood-prone area.
(8) 
Promoting water quality for rivers and streams.
C. 
Findings of fact. The Township Committee of the Township of Cranford finds that:
(1) 
The flood hazard areas of the Township of Cranford are subject to periodic inundation which could result in loss of life or property, affect health and produce safety hazards, disrupt commerce and governmental services or result in extraordinary public expenditures and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.
(2) 
These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities and by the occupancy in flood hazard areas by uses vulnerable to floods or uses hazardous to other lands which are inadequately protected from flood damage.
(3) 
These flood losses are also caused by the cumulative effect of increases in impervious cover by construction of structures, such as new homes, buildings, building additions, roadways, driveways, patios, and other materials that disallow water to pass through soils into the groundwater, or to be stored in plant life and soils.
(4) 
By not controlling stormwater runoff, soil erosion, loss of groundwater recharge, and pollution reduction through structural BMPs and nonstructural or low-impact techniques that reduce or prevent pollutants from being placed on the sites or from being exposed to stormwater, the streams and rivers in the Township of Cranford will become more polluted, will lose natural plant and aquatic life, and will eventually reduce the natural beauty and charm of the Township's streams and rivers.
D. 
Applicability. This chapter shall be applicable to all development plans, building additions, driveway widening, new patios, pools, garages, sheds, and any residential projects that are below the threshold of major developments, if they are neither a site plan nor subdivision and increase impervious cover greater than 300 square feet but less than 1,000 square feet.
E. 
Compatibility with other permit and ordinance requirements. Development approvals issued for subdivisions and site plans pursuant to this chapter are to be considered an integral part of development approvals under the subdivision and site plan review process 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.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
CAFRA CENTERS, CORES OR NODES
Those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
CAFRA PLANNING MAP
The map used by the Department to identify the location of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes. The CAFRA Planning Map is available on the Department's Geographic Information System (GIS).
COMMUNITY BASIN
An infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this chapter.
COMPACTION
The increase in soil bulk density.
CONTRIBUTORY DRAINAGE AREA
The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.
CORE
A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY
An agency designated by the County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
A. 
A county planning agency or
B. 
A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT
The Department of Environmental Protection.
DESIGN ENGINEER
A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
DESIGNATED CENTER
A State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural land, development means: any activity that requires a state permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
DISTURBANCE
The placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.
DRAINAGE AREA
A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
EMPOWERMENT NEIGHBORHOODS
Neighborhoods designated by the Urban Coordinating Council "in consultation and in conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.
ENVIRONMENTALLY CONSTRAINED AREA
The following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership, such as wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
ENVIRONMENTALLY CRITICAL AREA
An area or feature which is of significant environmental value, including, but not limited to, stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
GREEN INFRASTRUCTURE
A stormwater management measure that manages stormwater close to its source by:
A. 
Treating stormwater runoff through infiltration into subsoil;
B. 
Treating stormwater runoff through filtration by vegetation or soil; or
C. 
Storing stormwater runoff for reuse.
HUC 14 or HYDROLOGIC UNIT CODE 14
An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION
The process by which water seeps into the soil from precipitation.
LEAD PLANNING AGENCY
One or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.
MAJOR DEVELOPMENT
A. 
An individual development, as well as multiple developments that individually or collectively result in:
(1) 
The disturbance of one or more acres of land since February 2, 2004;
(2) 
The creation of 1,000 square feet or more of regulated impervious surface since February 2, 2004;
(3) 
The creation of 1,000 square feet or more of regulated motor vehicle surface since March 2, 2021; or
(4) 
A combination of the items in Subsection A(2) and (3) above that totals an area of 1,000 square feet or more. The same surface shall not be counted twice when determining if the combination area equals 1,000 square feet or more.
B. 
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection A(1), (2), (3), or (4) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."
MOTOR VEHICLE
Land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low-speed vehicles. For the purposes of this definition, "motor vehicle" does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.
MOTOR VEHICLE SURFACE
Any pervious or impervious surface that is intended to be used by motor vehicles and/or aircraft, and is directly exposed to precipitation including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.
MUNICIPALITY
Any city, borough, town, Township, or village.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with § 365-4F and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
NODE
An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON
Any individual, corporation, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
RECHARGE
The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
REGULATED IMPERVIOUS SURFACE
Any of the following, alone or in combination:
A. 
A net increase of impervious surface;
B. 
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);
C. 
The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or
D. 
The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.
REGULATED MOTOR VEHICLE SURFACE
Any of the following, alone or in combination:
A. 
The total area of motor vehicle surface that is currently receiving water;
B. 
A net increase in motor vehicle surface; and/or quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.
SEDIMENT
Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
SITE
The lot or lots upon which a major development is to occur or has occurred.
SOIL
All unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
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.
STATE PLAN POLICY MAP
The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the Official Map of these goals and policies.
STORMWATER
Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BMP
An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.
STORMWATER MANAGEMENT PLANNING AGENCY
A public body authorized by legislation to prepare stormwater management plans.
STORMWATER MANAGEMENT PLANNING AREA
The geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
TIDAL FLOOD HAZARD AREA
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.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONES
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.
URBAN REDEVELOPMENT AREA
Previously developed portions of areas:
A. 
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
B. 
Designated as CAFRA Centers, Cores or Nodes;
C. 
Designated as Urban Enterprise Zones; and
D. 
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATER CONTROL STRUCTURE
A structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS or WETLAND
An area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
A. 
Any major development, as defined in § 364-2, shall submit a site development stormwater plan and comply with Chapter 365, Stormwater Control for Major Development.
B. 
Any residential development that increases impervious cover by 300 square feet but is less than 1,000 square feet shall submit a minor site development stormwater plan pursuant to § 364-6B and shall meet all other applicable requirements of this chapter.
C. 
Runoff standards. The following standards shall apply to all development in the Township:
(1) 
The rate of stormwater runoff from the site is not increased as a result of the development proposed in the application.
(2) 
The volume of stormwater runoff shall be minimized.
(3) 
The drainage of the adjacent areas is not adversely affected.
(4) 
Soil absorption and groundwater recharge capacity of the area is not decreased below what occurs there under existing conditions.
(5) 
The natural drainage pattern of the area is not significantly altered.
D. 
Nonstructural stormwater management strategies.
(1) 
To the maximum extent practicable, the standards in Subsections G and H shall be met by incorporating nonstructural stormwater management strategies set forth in this subsection into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management measures identified in Subsection D(2) below into the design of a particular project, the applicant shall identify the strategy considered and provide basis for the contention.
(2) 
Nonstructural stormwater management strategies incorporated into the site design shall:
(a) 
Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss.
(b) 
Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces.
(c) 
Maximize the protection of natural drainage features and vegetation.
(d) 
Minimize the decrease in the time of concentration from pre-construction to post-construction. "Time of concentration" is defined as the time it takes for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed.
(e) 
Minimize land disturbance, including clearing and grading.
(f) 
Minimize soil compaction.
(g) 
Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers and pesticides.
(h) 
Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas.
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) 
For residential site improvements with a proposed impervious cover increase of 1,000 square feet or less, the required storage volume may be taken from the chart titled "Volume of Required Storage vs. Difference in Impervious Cover" found in § 364-5C. These residential improvements will only have to provide on-site stormwater storage in the form of stone landscape beds, wetland ponds, seepage pits, underground stormwater storage chambers, or other BMP measures that will retain the stormwater runoff volume, as taken from this chart, and recharge that volume back into the ground or release it at a preimprovement runoff rate. This stormwater design process does not have to be designed by a professional engineer. An architect, landscape architect, or other individual, upon approval of the Township Engineer, could prepare it. This design process shall include the checklist requirements found under § 364-10B. Any nonresidential development still requires BMPs in accordance with this chapter.
(b) 
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in the NRCS National Engineering Handbook, Section 4, Hydrology, and Technical Release 55, Urban Hydrology for Small Watersheds; or
(c) 
The Rational Method for peak flow and the Modified Rational Method for hydrograph computations.
(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 at Subsection A(1)(a) and the Rational and Modified Rational Methods at Subsection A(1)(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(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, and 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 tail water in the design of structural stormwater management measures.
(6) 
The rainfall excess shall be computed for each site using accepted, published runoff coefficients which reflect land use and topography. Acceptable runoff coefficients currently in practice include, but are not limited to, the following:
Surface Type
Runoff Coefficient
Streets
Asphaltic
0.70 to 0.95
Concrete
0.80 to 0.95
Brick
0.70 to 0.85
Drives and walks
0.75 to 0.85
Roofs
0.75 to 0.95
Lawns, sandy soil
Flat, 2%
0.05 to 0.10
Average, 2% to 7%
0.10 to 0.15
Steep, 7%
0.15 to 0.20
Lawns, heavy soil
Flat, 2%
0.13 to 0.17
Average, 2% to 7%
0.18 to 0.22
Steep, 7%
0.25 to 0.35
A. 
Technical guidance for stormwater management measures can be found in the documents listed at Subsection A(1) and (2) below, which are available from Maps and Publications, New Jersey Department of Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey 08625; telephone (609) 777-1038.
(1) 
Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended. Information is provided on stormwater management measures, such as bioretention systems, constructed stormwater wetlands, dry wells, extended detention basins, infiltration structures, manufactured treatment devices, pervious paving, sand filters, vegetative filter strips, and wet ponds.
(2) 
The New Jersey Department of Environmental Protection Stormwater Management Facilities Maintenance Manual, as amended.
B. 
Additional technical guidance for stormwater management measures can be obtained from the following:
(1) 
The Standards for Soil Erosion and Sediment Control in New Jersey promulgated by the State Soil Conservation Committee and incorporated into N.J.A.C. 2:90. Copies of these standards may be obtained by contacting the State Soil Conservation Committee or any of the Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey 08625, (609) 292-5540;
(2) 
The Rutgers Cooperative Extension Service, (732) 932-9306; and
(3) 
The Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey, 08625, (609) 292-5540.
C. 
Use of the following "Volume of Required Storage vs. Difference in Impervious Cover" chart for change in impervious cover that is 1,000 square feet or less for residential development only. Nonresidential site plans and developments defined as major development still require BMPs as addressed in Chapter 365.
364 Chart 1.tif
A. 
Submission of site development stormwater plan. A site development stormwater plan is not required for residential improvements or residential developments that have 1,000 square feet or less change of impervious cover.
B. 
Submission of minor site development stormwater plan.
(1) 
Whenever an applicant seeks municipal approval of a development subject to this chapter, the applicant shall submit all of the required components of the checklist for the minor site development stormwater plan of Subsection B(5) found below as part of the submission of the applicant's application for subdivision or site plan or construction or zoning permit approval.
(2) 
The applicant shall demonstrate that the project meets the standards set forth in this chapter.
(3) 
The applicant shall submit six copies of the materials listed in the checklist for minor site development stormwater plans in accordance with Subsection B(5) of this section.
(4) 
Minor site development stormwater plan approval. The applicant's minor site development project shall be reviewed as a part of the subdivision, site plan and/or construction or zoning permit review process by the municipal board or official from whom municipal approval is sought. That municipal board or official shall consult the Township 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 chapter.
(5) 
Checklist requirements. The following information shall be required:
(a) 
Copy of current existing property survey, to scale, showing all existing impervious features, such as dwellings, garages, sheds, driveways, patios, steps, and porches. Each of these items shall have a description of their material makeup, i.e., pitched slate roof, asphalt driveway, concrete steps, etc.
(b) 
Marked-up copy of the material listed in Subsection B(5)(a) (copy of current existing property survey) above showing all new features being proposed, to scale and with dimensions. The new features shall be described in the same manner as the existing features described above in Subsection B(5)(a).
(c) 
Calculations of change in impervious cover:
[1] 
Existing impervious cover within the property boundary limits, described in square feet.
[2] 
Proposed impervious cover within the property boundary limits, including the remaining existing impervious cover, described in square feet.
[3] 
The difference in impervious cover, which is the difference between the proposed impervious cover found in Subsection B(5)(c)[2] above and the existing impervious cover found in Subsection B(5)(c)[1] above.
[4] 
Calculations of the volume of required storage. This information would be taken by using the difference in impervious cover, as found in Subsection B(5)(c)[3] above, and finding this number on the left side of the Volume of Required Storage vs. Difference in Impervious Cover graph found in § 364-5C. Using this chart, follow the horizontal line closest to this number across until it meets the diagonal line. At this point on the diagonal line, follow the matching vertical line down to the bottom of the chart until it gets to the reading of the volume in cubic feet. Each vertical line is broken up into twenty-five-cubic-foot segments. If your numbers do not fall on a specific line, then you must interpolate the answer.
[5] 
Design a stormwater detention or retention structure based on this volume found in Subsection B(5)(c)[4] above. The Township Engineer will assist you in the design options and methods of calculating a structure's volume for stone or seepage pit chambers, if you request. All other designs must be supported by the manufacturer, engineer, architect, or landscape architect. Each design must contain a sketch with enough dimensions on it to be able to calculate the volume of storage provided by the structure and describe the material that the structure is made out of, and all designs shall have an overflow capability that will not back water up into any basements, dwellings or adjoining properties.
A. 
Applicability. Projects subject to review as in §§ 364-1D and 364-3A of this chapter shall comply with the requirements of Subsections B 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). Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual. If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's agreement to assume this responsibility or of the developer's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.
(3) 
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.
(4) 
If the person responsible for maintenance identified under Subsection B(2) above is not a public agency, the maintenance plan and any future revisions based on Subsection B(7) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(5) 
Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including 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.
(6) 
The person responsible for maintenance identified under Subsection B(2) above shall 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.
(7) 
The person responsible for maintenance identified under Subsection B(2) above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
(8) 
The person responsible for maintenance identified under Subsection B(2) above shall retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection B(6) and (7) above.
(9) 
The requirements of Subsection B(3) and (4) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.
(10) 
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.
C. 
Nothing in this section shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this chapter shall be subject to penalties. Unless otherwise specifically provided herein, any violation of the provisions of this chapter shall be punishable by a fine not to exceed $1,000 or by imprisonment in the county jail for a term not to exceed 90 days, or both, at the discretion of the Municipal Court. Each day that the violation continues after a notice of violation and a reasonable opportunity to correct or remedy the violation shall constitute a separate violation.
A. 
This chapter is not intended to repeal, abrogate or impair any existing easements, covenants, or deed restrictions. However, where this chapter and an easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
B. 
This chapter is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law, except that, where any provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule or regulation, statute, or other provision of law, the more restrictive provisions or higher standards shall control.
In the interpretation and application of this chapter, all provisions shall be:
A. 
Considered as minimum requirements for the promotion of the public health, safety, and general welfare.
B. 
Deemed neither to limit nor repeal any other powers granted under state statutes.
The degree of flooding protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Township of Cranford or any officer or employee thereof for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.