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 12-16-2014 by Ord. No. 2014-25 (Ch. 136, Art. VI, of the 1992 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 186.
Flood damage prevention — See Ch. 225.
Land development — See Ch. 255.
Storm sewer system — See Ch. 362.
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.
(1) 
This chapter shall be applicable to:
(a) 
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 300 square feet or more;[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(b) 
Nonresidential major developments;
(c) 
Aspects of residential major developments that are not preempted by the residential site improvement standards at N.J.A.C. 5:21; and
(d) 
Aspects of all development in the special flood hazard areas within the jurisdiction of Cranford, Union County, New Jersey, which are not covered under Chapter 225, Flood Damage Prevention, of this Code.
(2) 
This chapter shall also be applicable to all major developments undertaken by the Township of Cranford.
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.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules, N.J.A.C. 7:8-1.2.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
BMPS
Best management practices as found in the latest edition of the New Jersey Stormwater Best Management Practices Manual.
COMPACTION
The increase in soil bulk density.
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 Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may be either:
(1) 
A county planning agency; or
(2) 
A county water resources 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 New Jersey Department of Environmental Protection.
DESIGNATED CENTER
A state development and redevelopment plan center as designated by the State Planning Commission, such as urban, regional, town, village, or hamlet.
DESIGN ENGINEER
A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but are not necessarily to be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
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, by any person, 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 lands, "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.
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 NEIGHBORHOOD
A neighborhood 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.
ENVIRONMENTALLY CRITICAL AREAS
An area or feature which is of significant environmental value, including but not limited to stream corridors; natural heritage priority sites; habitat 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.
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.
MAJOR DEVELOPMENT
Any development that provides for ultimately disturbing one or more acres of land. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.
MUNICIPALITY
Any city, borough, town, township, or village.
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, Township of Cranford, or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
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.
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 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 BASIN
An excavation or embankment and related areas designed to retain or detain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Any structural or nonstructural strategy, practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers resulting from precipitation.
STRUCTURE
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of land or water. "Structure" also means a walled and roofed building or a gas or liquid storage tank that is principally above ground.[1]
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:
(1) 
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
(2) 
Designated as CAFRA Centers, Cores or Nodes;
(3) 
Designated as Urban Enterprise Zones; and
(4) 
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS or WETLAND
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."
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Any development with over 1,000 square feet of change in impervious cover, or that meets the applicability requirements of § 364-1D(1)(a) through (d), shall submit a site development stormwater plan pursuant to the requirement of § 364-10.
B. 
Any residential development that meets the applicability requirements of § 364-1D(1)(a) but is less than 1,000 square feet shall submit a minor site development stormwater plan pursuant to § 364-10B and shall meet all other applicable requirements of this chapter.
A. 
Stormwater management measures for major development shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards in § 364-5. To the maximum extent practicable, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.
B. 
The standards in this chapter not only apply to new development but any development that causes the increase in impervious cover. These standards 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.
C. 
Administration. The administration and enforcement of the provisions of this chapter relating to the construction, erection, maintenance and continued operation at design capacity of stormwater detention facilities and other facilities, structures, devices and techniques required to carry out the objectives of this chapter shall be the responsibility of the Township Engineer.
D. 
Basis for establishing the areas of special flood hazard. The areas of special flood hazard have been identified by the Federal Insurance Administration through a scientific and engineering report titled the "Flood Insurance Study, Union County, New Jersey," dated September 20, 2006, with accompanying Flood Insurance Rate Maps and Flood Boundary - Floodway Maps, which report is hereby adopted by reference and declared to be part of this chapter. The Flood Insurance Study is on file at the office of the Township Engineer.
E. 
Other flood hazard areas. When the base flood elevation and floodway data has not been provided in accordance with Subsection D above, the Township Engineer shall obtain, review and reasonably utilize any base flood elevations and floodway data available from any federal, state or other source in order to properly interpret and enforce this chapter for any type of construction in the Township of Cranford.
A. 
All major developments or any development with over 1,000 square feet of change in impervious cover shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 364-11.
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 13:1B-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 quantity, and stormwater runoff quality requirements of Subsections G and H:
(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.
(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.
(4) 
The reconstruction or widening of public roadways.
D. 
A waiver from strict compliance with the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsections G and H 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 nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of Subsections G and H to the maximum extent practicable;
(3) 
The applicant demonstrates that in order to meet the requirements of Subsections G and H, 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 Subsection D(3) above, within the upstream drainage area of the receiving stream that would provide additional opportunities to mitigate the requirements of Subsections G and H that were not achievable on site.
E. 
Runoff standards. The following standards shall apply to all development in the Township, except Subsection C:
(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.
F. 
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 F(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.
(i) 
Provide other source controls to prevent or minimize the use or exposure of pollutants at the site, in order to prevent or minimize the release of those pollutants into stormwater runoff. Such source controls include, but are not limited to:
[1] 
Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy Subsection F(3) below;
[2] 
Site design features that help to prevent discharge of trash and debris from drainage systems;
[3] 
Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and
[4] 
When establishing vegetation after land disturbance, applying fertilizer in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.
(3) 
Site design features identified under Subsection F(2)(i)[2] above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection F(3)(c) below.
(a) 
Grates.
[1] 
Design engineers shall use either 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 (April 1996); or
[b] 
A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inch across the smallest dimension.
[2] 
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 basin floors.
(b) 
Whenever design engineers use a curb opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.
(c) 
This standard does not apply:
[1] 
Where the review agency determines that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
[2] 
Where flows from the water quality design storm as specified in Subsection H are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
[a] 
A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
[b] 
A bar screen having a bar spacing of 0.5 inch;
[3] 
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 Subsection H(1); or
[4] 
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.
(4) 
Any land area used by a major development as a nonstructural stormwater management measure to meet the performance standards in Subsections G and H for all nonresidential construction shall be dedicated by easement to the government agency, subjected to a conservation restriction filed with the appropriate County Clerk's office, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the reviewing agency is maintained in perpetuity.
(5) 
Guidance for nonstructural stormwater management strategies is available in the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in § 364-8 or found on the Department's website at www.njstormwater.org.
G. 
Erosion control, groundwater recharge and runoff quantity standards.
(1) 
This subsection contains minimum design and performance standards to control erosion, encourage and control infiltration and groundwater recharge, and control stormwater runoff quantity impacts of major development.
(a) 
The minimum design and performance standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.
(b) 
The minimum design and performance standards for groundwater recharge are as follows for all development, except those that qualify to use § 364-8C design techniques as described in Subsection G(1)(c)[4]:
[1] 
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 364-6, 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.
[2] 
This groundwater recharge requirement does not apply to projects within the urban redevelopment area or to projects subject to Subsection G(1)(b)[3] below.
[3] 
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 a 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.
[4] 
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 and other subsurface structures in the vicinity or downgradient of the groundwater recharge area.
(c) 
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 364-6, complete one of the following:
[1] 
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two-, ten-, and one-hundred-year storm events do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events.
[2] 
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 one-hundred-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area.
[3] 
Design stormwater management measures so that the post-construction peak runoff rates for the two-, ten- and one-hundred-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. The percentages shall not be applied to post-construction stormwater runoff into tidal flood hazard areas if the increased volume of stormwater runoff will not increase flood damages below the point of discharge.
[4] 
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 § 364-8C. These residential improvements will only have to provide on-site stormwater storage in the form of stone landscape beds, wetlands 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 pre-improvement 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.
(2) 
Any application for a new agricultural development that meets the definition of "major development" at § 364-2 shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of this section and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For the purposes of this section, "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 manufacturing of agriculturally related products.
H. 
Stormwater runoff quality standards for all development, except those that qualify to use § 364-8C design techniques as described in Subsection G(1)(c)[4]:
(1) 
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff by 80% of the anticipated load from the developed site, expressed as an annual average. 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 from this requirement under a NJPDES permit. 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 1. The calculation of the volume of runoff may take into account the implementation of nonstructural and structural stormwater management measures.
Table 1: Water Quality Design Storm Distribution
Time
(minutes)
Cumulative Rainfall
(inches)
Time
(minutes)
Cumulative Rainfall
(inches)
0
0.0000
65
0.8917
5
0.0083
70
0.9917
10
0.0166
75
1.0500
15
0.0250
80
1.0840
20
0.0500
85
1.1170
25
0.0750
90
1.1500
30
0.1000
95
1.1750
35
0.1330
100
1.2000
40
0.1660
105
1.2250
45
0.1660
110
1.2334
50
0.2583
115
1.2417
55
0.3583
120
1.2500
60
0.6250
(2) 
For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in § 364-8 or found on the Department's website at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in § 364-8. Total suspended solids (TSS) reduction shall be calculated based on the removal rates for the BMPs in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be provided to the Department at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, PO Box 418, Trenton, New Jersey 08625-0418.
(3) 
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
Table 2: TSS Removal Rates for BMPs
Best Management Practice
TSS Percent Removal Rate
Bioretention systems
90%
Constructed stormwater wetland
90%
Extended detention basin
40% to 60%
Infiltration structure
80%
Manufactured treatment device
See § 364-7C
Sand filter
80%
Vegetative filter strip
60% to 80%
Wet pond
50% to 90%
(4) 
If there is more than one on-site drainage area, the eighty-percent TSS removal rate shall apply to each drainage area, unless the runoff from the subareas converges on site, in which case the removal rate can be demonstrated through a calculation using a weighted average.
(5) 
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 nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in Subsections G and H.
(6) 
Additional information and examples are contained in the New Jersey Stormwater Best Management Practices Manual, which may be obtained from the address identified in § 364-8.
(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."
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 the NRCS National Engineering Handbook, Section 4, Hydrology, and Technical Release 55, Urban Hydrology for Small Watersheds; or
(b) 
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
B. 
Groundwater recharge may be calculated in accordance with the following:
(1) 
The New Jersey Geological Survey Report GSR-32A, Method for Evaluating Ground-Water 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, http://www.state.nj.us/dep/njgs/, or at New Jersey Geological Survey, 29 Arctic Parkway, P.O. Box 427, Trenton, New Jersey 08625-0427, (609) 984-6587.
A. 
Standards for structural stormwater management measures are as follows:
(1) 
Structural stormwater management measures shall be designed to take into account the existing site conditions, including, for example, 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) 
Structural 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 § 364-9B.
(3) 
Structural stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion-resistant. Measures that are consistent with the relevant portions of the residential site improvement standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5 shall be deemed to meet this requirement.
(4) 
At the intake to the outlet from the stormwater management basin, the orifice size shall be a minimum of 2 1/2 inches in diameter.
(5) 
Stormwater management basins shall be designed to meet the minimum safety standards for stormwater management basins at § 364-9.
B. 
Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized, provided that the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by § 364-5 of this chapter.
C. 
Manufactured treatment devices may be used to meet the requirements of § 364-5 in this chapter, provided that the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department.
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 still required BMPs as addressed in this chapter.
364 chart1.tif
A. 
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin.
B. 
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 basin to ensure proper functioning of the basin 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.
(d) 
The trash rack 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.
(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 be 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) 
For purposes of this Subsection B(3), "escape provisions" means the permanent installation of ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. Stormwater management basins shall include escape provisions as follows:
(a) 
If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in Subsection C, a freestanding outlet structure may be exempted from this requirement.
(b) 
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2 1/2 feet. Such safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See Subsection D for an illustration of safety ledges in a stormwater management basin.
(c) 
In new stormwater management basins, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.
C. 
Variance or exemption from safety standards. A variance or exemption from the safety standards for stormwater management basins may be granted only upon a written finding by the appropriate reviewing agency (municipality, county or Department) that the variance or exemption will not constitute a threat to public safety.
D. 
Illustration of safety ledges in a new stormwater management basin.
364 Elevational View.tif
A. 
Submission of 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 site development stormwater plan at Subsection A(5) below as part of the submission of the applicant's application for subdivision or site plan approval. 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.
(2) 
The applicant shall demonstrate that the project meets the standards set forth in this chapter.
(3) 
The applicant shall submit 18 copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection A(5) of this section.
(4) 
Site development stormwater plan approval. The applicant's 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(5) 
Checklist requirements. The following information shall be required:
(a) 
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 foot equals 200 feet or greater, showing two-foot contour intervals. The map, as appropriate, may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.
(b) 
Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its environs. 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.
(c) 
Project description and site plan(s). 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 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 of proposed changes in natural conditions may also be provided.
(d) 
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of §§ 364-4 through 364-7 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.
(e) 
Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
[1] 
Total area to be 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.
[2] 
Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.
(f) 
Calculations.
[1] 
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in § 364-5 of this chapter.
[2] 
When the proposed stormwater management control measures (e.g., infiltration basins) depend on the hydrologic properties of soils, then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.
(g) 
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 364-11.
(h) 
Waiver from submission requirements. The municipal official or board reviewing an application under this chapter may, in consultation with the Municipal Engineer, waive submission of any of the requirements in Subsection A(5)(a) through (f) 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.
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.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(5) 
Checklist requirements. The following information shall be required:[3]
(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 § 364-8C. 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.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Applicability. Projects subject to review as in §§ 364-1D(1)(b) through (d) 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 Subsections 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.
This chapter shall take effect immediately upon the approval by the county review agency, or 60 days from the receipt of this chapter by the county review agency if the county review agency should fail to act.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.