Except as otherwise provided in this chapter, the approval provisions
of this article shall be administered by the Planning Board in accordance
with Section 28 of Chapter 291, Laws of N.J. 1975.[1] Whenever the Board of Adjustment has jurisdiction over
an application it shall act in the same manner and in the same capacity
as the Planning Board as hereinafter provided.
[1]
Editor's Note: See N.J.S.A. 40:55D-37.
A.
Filing requirements.
(1)
Prior to the subdivision or resubdivision of land and prior
to the issuance of a building permit, zoning permit or certificate
of occupancy for any development, an application shall be submitted
to and approved by the Planning Board in accordance with the requirements
of this article; except that subdivision or individual lot applications
for detached one- or two-family dwelling unit buildings shall be exempt
from site plan review and approval, provided that in the event the
subdivision or site plan application requires action by the Board
of Adjustment as provided in this chapter, said application shall
be submitted to and processed by said Board which shall act to the
same extent and subject to the same restrictions as the Planning Board
as set forth in this article. More specifically, site plan approval
shall be required for the following:
[Amended 5-20-2021 by Ord. No. 5-2021]
(2)
Site plan approval is not required for a change in occupancy
or change in tenancy of a nonresidential building or part thereof,
provided that the new use is permitted in the zone; provided that
the new use complies with Article 5, Zoning Regulations; and provided
that a new certificate of occupancy shall be issued [pursuant to Section
13-5.2A(3)] and approval of the new use is granted by the Zoning Officer.
[Amended 5-20-2021 by Ord. No. 5-2021]
(3)
Application for site plan approval shall be made by the property
owner, by the owner and tenant as co-applicant or by a buyer under
contract with written authorization of the owner. A site plan application
shall address the entire site even if the purpose of the application
is to permit the use of only part of a building or property unless,
as in the case of a multi-tenant or multi-use building, it can be
demonstrated that necessary improvements are not subject to common
use by more than one tenant or can otherwise be identified with a
specific use. The purpose of these regulations is to guarantee the
owner's responsibility for site plan improvements, the need for which
is generated by an individual tenant.
(4)
Subdivision approval is not required for a subdivision of lands
within the boundaries of the Borough that are owned by the Borough
of Morris Plains, or being acquired by the Borough of Morris Plains
for public purposes.
[Added 12-2-2004 by Ord.
No. 25-2004; amended 2-21-2008 by Ord. No. 3-2008]
B.
Time of filing. An application for subdivision or site plan approval,
including an amended application, shall be filed with the Secretary
to the Planning Board, or with the Secretary of the Board of Adjustment,
as applicable, depending upon the relief sought and the Board with
jurisdiction appropriate to the application, at least 10 days prior
to the meeting of the Board. Any additional information which may
be required by the Board in connection with an application for subdivision
or site approval shall be filed with the Secretary of the Board at
least 10 days prior to the meeting of the Board, unless a lesser period
of time is established by the Board. In order to meet the requirements
of N.J.S.A. 40:55D-10(b), any and all documents comprising the application
or which the applicant intends the Board to review at a meeting of
the Board shall be filed by 12:00 noon on the 10th day preceding the
said meeting unless a lesser period of time has been established by
the Board as aforesaid.
[Amended 12-21-2000 by Ord. No. 13-2000]
C.
Application content. An application under this article shall contain any and all data material indicated on the checklist referred to in Section 13-4.2G.
D.
Application fee. The application shall be accompanied by a filing fee as established by Chapter 2 to cover the technical, investigative and administrative expenses involved in processing the application.
E.
Technical review escrow deposit. There shall be included with the
application an escrow deposit to cover the costs of technical review
of the application by professional and/or experts retained by the
Borough on a consultant basis.
F.
Complete application. An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. In the event that the agency, committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless (1) the application lacks information indicated on the checklist contained in Section 13-4.2G and provided to the applicant and (2) the municipal agency or its authorized committee or designee has notified the applicant in writing of the deficiencies in the application within 45 days of submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the agency or its authorized committee shall grant or deny the request within 45 days. Nothing herein may be construed as diminishing the applicant's obligation to provide in the application process that he is entitled to approval of the application. The municipal agency may subsequently require correction of any information found to be in error and submission of additional information not specified in the Ordinance, or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency.
G.
Checklists. The following checklists shall be used for purposes of determining completeness of applications pursuant to Section 13-4.2F and shall be provided to all applicants for development under the terms of this chapter:[1]
|
Section 13-4.2G(1), Checklist A - See Appendix
|
|
Section 13-4.2G(2), Checklist B - See Appendix
|
|
Section 13-4.2G(3), Checklist C - See Appendix
|
|
Section 13-4.2G(4), Checklist D(1) - See Appendix
[Amended 10-4-2007 by Ord. No. 21-2007] |
|
Section 13-4.2G(4.1), Checklist D(2) - See Appendix
[Amended 10-4-2007 by Ord. No. 21-2007] |
|
Section 13-4.2G(5), Checklist E - See Appendix
|
|
Section 13-4.2G(6), Checklist F - See Appendix
|
[1]
Editor's Note: The Checklists are included as an attachment to this chapter.
A.
Distribution of applications. Upon receipt of an application, the
Secretary of the Planning Board or the Secretary of the Board of Adjustment
shall send a copy of the application to each of the following for
report and recommendation:
|
Borough Engineer
|
|
Borough Planning Consultant
|
|
Police Chief
|
|
Shade Tree Commission
|
|
Fire Subcode Official
|
|
Zoning Officer
|
|
County Planning Board if required pursuant to the County Land
Development Standards
|
|
Such other municipal, county, state and federal officials and
agencies as directed by the Board
|
B.
Planning Board action. The Planning Board shall grant or deny the
application within the times of submission of a complete application
prescribed below, or within such further time as may be consented
to by the applicant.
|
Type of Application
|
Period of Time for Action by Planning Board
|
|---|---|
|
Minor subdivision or resubdivision
|
45 days
|
|
Minor site plan
|
45 days
|
|
Preliminary plat - 10 lots or less
|
45 days
|
|
Preliminary plat - more than 10 lots
|
95 days
|
|
Preliminary site plan - 10 acres of land or less and 10 dwelling
units or less
|
45 days
|
|
Preliminary site plan - more than 10 acres of land or more than
10 dwelling units
|
95 days
|
|
Final plat
|
45 days
|
|
Final site plan
|
45 days
|
|
Conditional use
|
95 days
|
|
Subdivision, site plan or conditional use with variance relief
|
120 days
|
|
Failure of the Planning Board to act within the period prescribed
shall constitute approval and a certificate of the Secretary of the
Planning Board to act shall be issued on request of the applicant,
and it shall be sufficient in lieu of the written endorsement or other
evidence or approval, herein required, and shall be so accepted by
the Morris County Recording Officer for purposes of filing subdivision
plats. The applicant shall be notified of the Planning Board's action
within one week of its action.
|
C.
County review. Whenever review or approval of an application by the
Morris County Planning Board is required by the Morris County Land
Development Standards, the Planning Board shall condition any approval
that it grants upon timely receipt of a favorable report on the application
by the Morris County Planning Board or approval by the County Planning
Board by its failure to report thereon within the required time period.
D.
Extension of time for action. If the schedule time of the Planning
Board meeting allows insufficient time for the Board to reach a determination
regarding action on an application within the time prescribed in Paragraph
B above, the applicant shall be requested to consent to an extension
of time. Failure of the applicant to consent to such extension of
time shall constitute adequate grounds for denial of the application.
E.
Distribution of approved plats. Prior to returning the approved plat
or site plan to the applicant, the applicant shall submit sufficient
copies to the Secretary of the Planning Board in order to furnish
a copy to each of the following:
|
Borough Clerk
|
|
Borough Engineer
|
|
Zoning Officer
|
|
Tax Assessor
|
|
Planning Board
|
|
County Planning Board
|
F.
Payment of taxes and liens as conditions to development approval.
As a condition for approval of any development application, an applicant
shall be required to submit proof that no taxes or assessments for
local improvements are due or delinquent on the property for which
said application is made.
G.
Exceptions from subdivision and site plan requirements. The Planning
Board, when acting upon applications for preliminary site plan or
preliminary or minor subdivision approval shall have the power to
grant such exceptions from the requirements for site plan or subdivision
approval as may be reasonable and within the general purpose and intent
of the provisions of site plan review and approval of this chapter,
if the literal enforcement of one or more provisions of the ordinance
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
A.
Filing. An application for approval of a minor subdivision shall be filed in accordance with Section 13-4.2 and shall contain all data and information required in Checklist A.[1]
[1]
Editor's Note: The Checklists are included as an attachment to this chapter.
B.
Reclassification to major subdivision. If the Planning Board determines that the minor subdivision application is a major subdivision, the application shall be so reclassified. If classified as a major subdivision, no further Planning Board action on the minor subdivision application shall be required, and the applicant shall follow procedures for a major subdivision in Section 13-4.6 and Section 13-4.7 for preliminary and final plats. In classifying an application as a major subdivision, the Planning Board may make recommendations or establish conditions to be followed in the preliminary and final plats.
C.
Minor subdivision approval.
(1)
The Planning Board shall approve or deny the application pursuant to Section 13-4.3B. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to Sections 13-4.9 and 13-4.14B.
(2)
Following approval as a minor subdivision, the Chairman and
Secretary of the Planning Board shall affix their signatures and return
the approved plat to the subdivision within one week following action
by the Planning Board.
(3)
After one lot is created by minor subdivision, any subsequent
application for subdivision of said resulting lot or parcel shall
be accepted only as a major subdivision.
D.
Filing; effect of approval. The requirements for filing of an approved
minor subdivision and the effect of such approval shall be governed
by the provisions of N.J.S.A. 40:55D-47 and any amendments thereto.
A.
Filing. An application for approval of a minor site plan shall be filed in accordance with Section 13-4.2 and shall contain all data and information required in Checklist D.[1] Minor site plan is defined in Section 13-2.1.
[1]
Editor's Note: The Checklists are included as an attachment to this chapter.
B.
Minor site plan approval.
(1)
Minor site plan approval shall be deemed to be final approval
of the site plan, provided that the Board may condition such approval
on terms ensuring the provision of improvements in accordance with
the provisions Whenever review or approval by the County Planning
Board is required, the Planning Board shall condition any approval
that it grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time period.
(2)
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor site plan approval was
granted, shall not be changed for a period of two years after the
date of minor site plan approval.
C.
Minor Site Plan Advisory Committee.
(1)
The Planning Board shall have the right to create a Minor Site
Plan Advisory Committee in its discretion at any time that it concludes
that it would be useful to the Board in its deliberations on minor
site plan applications. The subcommittee shall serve until the end
of the calendar year in which it is created. The subcommittee shall
consist of three members appointed by the Chairman and shall serve
in an advisory capacity reporting to the Board on applications referred
to it. The subcommittee shall make a site visit whenever practicable
and shall advise the Board as to the extent to which the proposed
development impacts the site as to factors including, but not limited
to, any effect on adjoining properties and any peculiar conditions
pertaining to the site in question.
(2)
Any subcommittee created pursuant to Paragraph (1) above may
seek the advice and assistance of Borough officials and consultants,
including but not limited to, the Borough Engineer, the Planning Consultant,
the Construction Code Official, the Fire Subcode Official, the Zoning
Officer, the Health Officer and the Traffic Safety Officer.
D.
Waiver of minor site plan review. The Borough Engineer may waive
the minor site plan review requirement or, at his discretion, may
refer the waiver request to the Planning Board, either of which may
waive the requirements for minor site plan approval upon submission
of an affidavit in support of a request for waiver of minor site plan/change
of use by the property owner, or other applicant having the legal
right to make the submission, and the Borough Engineer, or Board,
as the case may be, has reviewed the request and determined that the
proposed development or change of use:
[Added 11-14-2019 by Ord.
No. 11-2019]
(1)
Involves normal maintenance or replacement in kind such as a
new roof, new siding or similar activity; or
(2)
Does not significantly affect existing circulation, drainage,
building arrangement, landscaping, buffering, lighting or other considerations
of site plan approval.
(3)
The proposed use/change of use
involves:
(a)
A use permitted in the zone in which the subject property is
located;
(b)
No changes to the exterior use of the property;
(d)
Adequate off-street parking for the proposed use/change of use and existing uses to remain as required by Chapter 13;
(e)
Existing site lighting is adequate for the proposed use/change
of use and does not constitute a nuisance to adjoining properties
and conforms to § 13-4.14C(2.2)(g);
(g)
Deliveries will be made during normal business hours using vehicles
not in excess of 21,000 pounds gross weight unless there are adequate
on-site facilities to accommodate vehicles in excess of 21,000 pounds;
(h)
The proposed use will not generate nuisance elements, including
but not limited to smoke, liquid wastes, radiation, noise audible
beyond the building setback lines, vibrations, glare or heat detectable
beyond the building wall, or unpleasant or noxious odors;
(i)
No variances.
(4)
Involves interior changes that do not affect the existing use of the building or parking requirements as set forth in Chapter 13.
(6)
At the sole discretion of the Board, waivers may be granted
for limited changes in Subsection 3(b), (c), (d), and (e).
A.
Filing and content. Application for approval of a preliminary plat or a preliminary site plan shall be filed in accordance with Section 13-4.2 and shall contain all information prescribed in Checklist B or Checklist E,[1] as the case may be.
[1]
Editor's Note: The Checklists are included as an attachment to this chapter.
B.
Hearing. If the Committee processing an application finds that said
application is in substantial compliance with the provisions of this
chapter, it shall so report to the Planning Board and the Planning
Board shall schedule a hearing on the application pursuant to this
chapter.
C.
Resolution. Whenever after public hearing the Planning Board shall
grant preliminary approval, the Board shall adopt a resolution with
respect thereto, enumerating the plat and plans thereby approved and
establishing the terms and conditions of approval and specifying the
conditions which must be satisfied prior to final approval. A copy
of the resolution shall be attached to the preliminary plat or plan,
which shall be signed by the Chairman and Secretary of the Board.
A copy of the approved preliminary plat or plan with annexed resolution
shall be returned to the applicant.
D.
Amended application. If the Planning Board requires any substantial
amendment in the layout of improvements proposed by the developer
that have been the subject of the hearing, an amended application
shall be submitted and proceeded upon as in the case of the original
application. The Planning Board shall, if the proposed application
complies with this chapter, together with any conditions imposed by
the Board, grant preliminary approval.
E.
Effect of preliminary approval. Preliminary approval of a major subdivision
pursuant to Section 36 of P.L. 1975, c.291 (N.J.S.A. 40:55D-48) or
of a site plan pursuant to Section 34 of P.L. 1975, c.291 (N.J.S.A.
40:55D-46) shall have the effect and shall confer upon the applicant
such rights established by N.J.S.A. 40:55D-49.
A.
Filing and content. Application for approval of a final plat or a final site plan shall be filed in accordance with Section 13-4.2 and shall contain all the information prescribed in Checklist C or Checklist E,[1] as the case may be. Said application may be for the whole
or a section or sections of the preliminary plat or site plan, as
the case may be. No final plat shall be accepted, entertained or deemed
complete unless all conditions of preliminary plat approval as contained
in the resolution granting preliminary approval have been satisfied.
No final approval shall be granted after the expiration of the preliminary
approval unless a waiver is granted by the Planning Board.
[1]
Editor's Note: The Checklists are included as an attachment to this chapter.
B.
Hearing. If the Planning Board finds that the application is in compliance
with the ordinances of the Borough and statutes and other regulations
of the State of New Jersey, it shall schedule a hearing on the application.
C.
Amended application. If the Planning Board requires any substantial
amendment in the layout of improvements proposed by the developer
that have been the subject of the hearing, an amended application
shall be submitted and proceeded upon as in the case of the original
application. The Planning Board shall, if the proposed application
complies with this chapter, together with any conditions imposed by
the Board, grant final approval. As a precondition for final plat
execution, deeds must be received, free and clear of all mortgages
and encumbrances, for all easements on private property to be conveyed
to the Borough.
D.
Effect of final approval of a major subdivision or a site plan. Final
approval of a major subdivision or of a site plan shall have the effect
and shall confer upon the applicant such rights established by N.J.S.A.
40:55D-52.
E.
Recording of final plat. Final approval of a major subdivision shall
expire 95 days from the date of signing of the plat unless within
such period the plat shall have been duly filed by the developer with
the County Recording Officer pursuant to the provisions of N.J.S.A.
40:55D-54.
F.
Filing of approved plan and return of prints. After final approval,
one translucent tracing and one cloth print shall be filed with the
Borough Clerk. The original tracing and one cloth print shall be returned
to the subdivider. The Secretary shall also file copies of the approved
plans with the following:
|
Borough Clerk
|
|
Borough Engineer
|
|
Zoning Officer
|
|
Tax Assessor
|
|
County Planning Board
|
|
Borough Planning Board
|
G.
Issuance of building permits for buildings and structures. No building
permit shall be issued until final approval has been granted by the
Planning Board and, in the case of a subdivision, until the final
plat has been properly filed with the Morris County Clerk within the
time or extended time required by N.J.S.A. 40:55D-54. Proof of filing
shall be submitted to the Planning Board Secretary prior to issuance
of a building permit.
In accordance with the provisions of N.J.S.A. 40:55D-56, the
prospective purchaser, prospective mortgagee or any other person interested
in any land which forms part of a subdivision or which formed part
of such a subdivision three years preceding the effective date of
the Municipal Land Use Law, Chapter 291 of the Laws of New Jersey
1975, may apply in writing to the Borough Clerk for the issuance of
a certificate certifying whether or not such subdivision has been
approved by the Planning Board.
[Added 7-18-2019 by Ord.
No. 7-2019]
A.
Installation of improvements or provision of guarantees required
before final approval; scope of performance guarantees.
(1)
Before recording of final subdivision plats or recording of minor subdivision deeds or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65, the applicant shall have installed all required improvements; provided, however, that the Borough may require and shall accept performance and maintenance guarantees for the purpose of assuring the installation and maintenance of certain on-tract improvements. Such performance and maintenance guarantees shall be in accordance with the provisions of this Section 13-4.9.
(2)
If an applicant elects to post a performance guarantee pursuant
to this section, the final plat, minor subdivision deed, or final
site plan shall contain the following statement in boldface letters:
|
NOTICE
|
|
CONSTRUCTION OF ALL REQUIRED IMPROVEMENTS IS TO BE COMPLETED
WITHIN THE TIME FRAME PROVIDED FOR IN THE DEVELOPER'S AGREEMENT UNLESS
AN EXTENSION OF TIME HAS BEEN OBTAINED FROM THE APPROPRIATE MUNICIPAL
AGENCY. THE MUNICIPALITY HAS NO OBLIGATION TO CONSTRUCT ANY IMPROVEMENTS
NOT COMMENCED, NOR TO COMPLETE ANY IMPROVEMENTS COMMENCED BY DEVELOPER
EXCEPT TO THE EXTENT OF FUNDS RECEIVED FROM THE PERFORMANCE GUARANTEES
POSTED BY DEVELOPER WITH THE MUNICIPALITY.
|
(2.1)
Public improvements. Performance guarantees shall be provided
for those improvements required to be dedicated to a public entity
by an approval, developer's agreement, ordinance or regulation, and
that have not yet been installed for the following improvements as
shown on the approved plans or plat: streets, pavement, gutters, curbs,
sidewalks, streetlighting, street trees, surveyor's monuments, water
mains, sanitary sewers, drainage structures, public improvements of
open space and any grading necessitated by the preceding enumerated
improvements.
(2.2)
Perimeter buffer landscaping. Performance guarantees shall be
provided, within an approved phase or section of a development, for
privately owned perimeter buffer landscaping as required by this chapter
or imposed as a condition of approval.
(2.3)
Safety and stabilization. A "safety and stabilization guarantee"
in favor of the Borough shall be provided for the purpose of returning
property that has been disturbed to a safe and stable condition or
otherwise implementing measures to protect the public from access
to an unsafe or unstable condition.
(2.4)
Temporary Certificates of Occupancy. In the event that the developer
shall seek a temporary certificate of occupancy for a development,
unit, lot, building or phase of development, as a condition of the
issuance thereof, the developer shall furnish a separate guarantee,
referred to herein as a "temporary certificate of occupancy guarantee."
Such guarantee shall cover the cost of installation of only those
improvements or items which remain to be completed or installed under
the terms of the temporary certificate of occupancy and which are
required to be installed or completed as a condition precedent to
the issuance of the permanent certificate of occupancy for the development,
unit, lot, building, or phase of development and which are not covered
by an existing performance guarantee. The scope and amount of the
temporary certificate of occupancy guarantee shall be determined by
the Borough Engineer. The temporary certificate of occupancy guarantee
shall only be released upon the issuance of a permanent certificate
of occupancy with regard to the development, unit, lot, building or
phase of development to which the temporary certificate of occupancy
guarantee relates.
(2.5)
Successor developer. In the event that a successor developer to the original developer becomes responsible for completion of the required improvements, the successor developer shall furnish a replacement performance guarantee prior to release of the performance guarantee posted by the original developer in accordance with the provisions of this Section 13-4.9.
B.
Phasing and/or sectioning.
(1)
In conjunction with the granting of final approval where the
developer is electing to post performance guarantees for any improvements,
the Board shall establish a time schedule or phasing/sectioning plan
for the installation of improvements and a level of monetary guarantees
coordinated with that schedule or plan in order to protect the Borough.
Timing or phasing/sectioning of improvements shall be established
with consideration of the following factors:
(1.1)
The estimated amount of time needed to install all improvements;
(1.2)
Physical characteristics of the site;
(1.3)
Current market and economic conditions;
(1.4)
The estimated cost of improvements and the nature of the performance guarantees in accordance with this Section 13-4.9; and
(1.5)
Representations of the developer relative to his ability to
meet the deadlines to be established.
(2)
All time schedules and phasing/sectioning plans shall be incorporated into the developer's agreement referred to in Section 13-4.10 of this chapter. It shall be the responsibility of the Borough Engineer to monitor progress of installation of improvements and the sufficiency of the performance guarantee as development progresses. In the event the Borough Engineer determines, at any time, that guarantees are insufficient to cover the completion of improvements, he may, with the concurrence of the Borough Attorney, adjust the limits of the guarantees. Any determination by the Borough Engineer may be appealed to the Borough Council within 10 days of such determination. Failure of the developer to either comply with the decision of the Borough Engineer or to appeal said decision in a timely fashion shall require immediate cessation of construction by issuance of a stop-work order by the Borough Engineer.
C.
Amount and form of performance guarantees.
(1)
The amount of any performance guarantees required by this chapter
shall be as follows:
(1.1)
Public improvements. The performance guarantees shall be in
an amount not to exceed 120% of the cost of installation of only those
improvements required by an approval, developer's agreement, ordinance,
or regulation to be dedicated to a public entity, and that have not
yet been installed, which cost shall be determined by the Borough
Engineer, according to the method of calculation set forth in N.J.S.A.
40:55D-53.4, for the following improvements as shown on the approved
plans or plat: streets, pavement, gutters, curbs, sidewalks, streetlighting,
street trees, surveyor's monuments shown on the final map, water mains,
sanitary sewers, drainage structures, public improvements of open
space, and any grading necessitated by the preceding improvements.
The Borough Engineer's itemized cost estimate of the improvements
shall be appended to each performance guarantee posted by the obligor.
(1.2)
Perimeter buffer landscaping. The amount of a perimeter buffer
landscaping guarantee shall be calculated in the same manner as for
the performance guarantee in Paragraph (a) above. At the developer's
option, any required performance guarantee for privately owned perimeter
buffer landscaping may be posted either as a separate guarantee or
as a line item of the performance guarantee required by Paragraph
(a) above.
(1.3)
Safety and stabilization. At the developer's option, any required
safety and stabilization guarantee may be furnished either as a separate
guarantee or as a line item of the performance guarantee required
by Paragraph (a) above. The amount of such guarantee shall be as follows:
(1.4)
Temporary certificates of occupancy. The amount of any temporary
certificate of occupancy guarantee shall be determined by the Borough
Engineer.
(2)
Appeal of disputed performance guarantee amounts. The developer
may appeal the Borough Engineer's estimate of the costs of improvements
for purposes of furnishing a performance guarantee. Such appeal shall
be made in accordance with the provisions of N.J.S.A. 40:55D-53.4.
(3)
Form of guarantee. At least 10% of the performance guarantee
shall be in the form of cash or certified check made payable to the
Borough of Morris Plains. The balance of the performance guarantee
shall be in the form of any security issued by an institution authorized
to issue such securities in the State of New Jersey and which may
be accepted by the Borough and approved by the Borough Attorney, including
but not limited to surety bonds, cash and letters of credit; provided,
however, that the Borough shall only accept a letter of credit if
it:
(3.1)
Constitutes an irrevocable letter of credit that imposes an
unconditional payment obligation of the issuer running solely to the
Borough for an express initial period of time in the amount determined
pursuant to this chapter;
(3.2)
Is issued by a banking or savings institution authorized to
do and doing business in the State of New Jersey;
(3.3)
Permits the Borough to draw upon the letter of credit if the
obligor fails to furnish another letter of credit which complies with
the provisions of this section at least thirty (30) days or more in
advance of the expiration date of the letter of credit or such longer
period in advance thereof as is stated in the letter of credit.
(4)
Guarantees from successor developer. The Borough Council may
accept a performance guarantee in favor of the Borough from a successor
developer as a replacement for a performance guarantee that was previously
furnished, pursuant to N.J.S.A. 40:55D-53, for the purpose of assuring
the installation of improvements. The Borough Council shall not accept
a replacement performance guarantee without securing:
(4.1)
Written confirmation from the new obligor that the intent of
the new obligor is to furnish a replacement performance guarantee,
relieving the predecessor obligor and surety, if any, of any obligation
to install improvements; and
(4.2)
Written verification from the Borough Engineer that the replacement
performance guarantee is of an amount sufficient to cover the cost
of the installation of improvements, but not to exceed 120% of the
cost of the installation, which verification shall be determined consistent
with N.J.S.A. 40:55D-53.
D.
Duration of performance guarantee.
(1)
Term of guarantee. The performance guarantee shall state the
time period within which all improvements are to be installed by the
developer, which shall be as set forth in the developer's agreement
with the Borough.
(2)
Extension of time allowed for completion of improvements. The
time allowed for installation of improvements for which performance
guarantees have been provided may be extended by resolution of the
Borough Council. As a condition of, or as part of, any such extension,
the amount of any performance guarantee shall be increased or reduced,
as the case may be, to an amount not to exceed 120% of the cost of
the installation at the time the Borough Council considers adoption
of the resolution. The cost of installation shall be determined by
the Borough Engineer as provided herein for the initial cost determination.
E.
Failure to complete improvements within time specified.
(1)
If the required improvements are not completed or corrected
in accordance with the performance guarantee, the obligor and surety,
if any, shall be liable thereon to the Borough for the reasonable
cost of the improvements not completed or corrected. The Borough may,
either prior to or after receipt of the proceeds thereof, complete
such improvements or use said funds to restore the property to a safe
condition so that the subject property in its unfinished development
state does not adversely affect the public safety or adversely impact
the environment. The following shall apply:
(1.1)
Any completion or correction of improvements by the Borough
shall be subject to the Local Public Contracts Law, N.J.S.A. 40A:11-1
et seq.
(1.2)
If a safety and stabilization guarantee was required pursuant
to Section 13-4.9A(2(c), the Borough may utilize such guarantee only
in the circumstances that:
(a)
Site disturbance has commenced and, thereafter, all work on
the development has ceased for a period of at least 60 consecutive
days following such commencement for reasons other than force majeure;
and
(b)
Work has not recommenced within 30 days following the provision
of written notice by the Borough to the developer of the Borough's
intent to claim payment under the guarantee.
(1.3)
The Borough shall not provide notice of its intent to claim
payment under a safety and stabilization guarantee until a period
of at least 60 days has elapsed during which all work on the development
has ceased for reasons other than force majeure. The Borough shall
provide written notice to a developer by certified mail or other form
of delivery providing evidence of receipt.
F.
Release of performance guarantee.
(1)
Release of performance guarantees shall be in accordance with
the following procedures:
(1.1)
Upon substantial completion of all required street improvements
(except for the top course) and appurtenant utility improvements and
the connection of the same to the public system, the obligor may request
of the Borough Council that the Borough Engineer prepare a list of
all incomplete or unsatisfactory completed improvements. The request
to the Borough Council shall be made in writing by certified mail
addressed to the Borough Clerk, with a copy of the request to be sent
to the Borough Engineer. The request shall indicate which improvements
have been completed and which improvements remain incomplete in the
judgment of the obligor.
(1.2)
Upon receiving the obligor's request, the Borough Engineer shall
inspect all improvements covered by the obligor's request and shall
file a detailed list and report, in writing, with the Borough Council,
and shall simultaneously send a copy thereof to the obligor not later
than 45 days after receipt of the obligor's request.
(1.3)
The detailed list prepared by the Borough Engineer shall be
in accordance with the itemized cost estimate prepared by the Borough
Engineer, which estimate shall have been appended to the performance
guarantee as required herein. The list prepared by the Borough Engineer
shall state, in detail, with respect to each improvement determined
to be incomplete or unsatisfactory, the nature and extent of the incompleteness
of each incomplete improvement or the nature and extent and remedy
for the unsatisfactory state of each completed improvement determined
to be unsatisfactory.
(1.4)
The report prepared by the Borough Engineer shall identify each
improvement determined to be complete and satisfactory together with
a recommendation as to the amount of reduction to be made in the performance
guarantee relating to the completed and satisfactory improvement.
The recommended reduction shall be in accordance with the itemized
cost estimate prepared by the Borough Engineer, which cost estimate
shall have been appended to the performance guarantee as required
herein.
(1.5)
The Borough Council, by resolution, shall either approve the
improvements determined to be complete and satisfactory by the Borough
Engineer or reject any or all of these improvements. The cause for
any rejection shall be stated in the Borough Council's resolution.
If any portion of the required improvement is rejected, the Borough
may require the obligor to complete or correct such improvements,
and upon completion or correction, the same procedure of notification
as required herein shall be followed.
(1.6)
For accepted improvements, the Borough Council shall approve
and authorize the amount of reduction to be made in the performance
guarantee relating to the improvements accepted. Any authorized reduction
shall be in accordance with the itemized cost estimate prepared by
the Borough Engineer, which cost estimate shall have been appended
to the performance guarantee as required herein. The resolution shall
be adopted not later than 45 days after receipt of the list and report
prepared by the Borough Engineer.
(1.7)
Any partial reduction granted in the performance guarantee as
provided herein shall be applied to the cash deposit in the same proportion
as the original cash deposit bears to the full amount of the performance
guarantee.
(1.8)
Upon posting of a temporary certificate of occupancy guarantee,
all sums remaining under a performance guarantee required pursuant
to Section 13-4.9A(2)(a), which relate to the development, unit, lot,
building, or phase of development for which the temporary certificate
of occupancy is sought, shall be released.
(1.9)
At no time may the Borough hold more than one guarantee or bond
of any type with respect to the same line item. The temporary certificate
of occupancy guarantee shall be released by the Borough Engineer upon
the issuance of a permanent certificate of occupancy with regard to
the development, unit, lot, building or phase as to which the temporary
certificate of occupancy relates.
(1.10)
The Borough shall release a separate safety
and stabilization guarantee to a developer upon the developer's furnishing
of a performance guarantee which includes a line item for safety and
stabilization in the amount required by this Section 13-4.9A(2)(c).
(1.11)
The Borough shall release a safety and stabilization
guarantee upon the Borough Engineer's determination that the development
of the project site has reached a point that the improvements installed
are adequate to avoid any potential threat to public safety. The safety
and stabilization guarantee shall be reduced by the same percentage
as the performance guarantee is being reduced at the time of each
performance guarantee reduction.
(1.12)
Within 30 days after acceptance of a replacement
performance guarantee, the Borough Council, by resolution, shall release
the predecessor obligor from liability pursuant to its performance
guarantee.
(1.13)
For the purpose of releasing the obligor from
liability pursuant to its performance guarantee, the amount of the
performance guarantee attributable to each approved bonded improvement
shall be reduced by the total amount for each such improvement in
accordance with the itemized cost estimate prepared by the Borough
Engineer and appended to the performance guarantee pursuant to Section
13-4.9A(2)(a), including any contingency factor applied to the cost
of installation. If the sum of the approved bonded improvements would
exceed 70% of the total amount of the performance guarantee, then
the Borough may retain 30% of the amount of the total performance
guarantee and safety and stabilization guarantee to ensure completion
and acceptability of bonded improvements, as provided above, except
that any amount of the performance guarantee attributable to bonded
improvements for which a temporary certificate of occupancy guarantee
has been posted shall be released from the performance guarantee even
if such releases would reduce the amount held by the Borough below
30%.
G.
Release from liability upon acceptance of improvements; acceptance
of dedicated improvements.
(1)
Upon adoption of the resolution of the Borough Council approving
certain completed improvements, the obligor shall be released from
all liability pursuant to its performance guarantee, with respect
to those approved improvements. The following shall apply: To the
extent that any of the improvements have been dedicated to the Borough
on the subdivision plat or site plan, the Borough Council shall be
deemed, upon the release of any performance guarantee required pursuant
to Section 13-4.9A(2)(a), to accept dedication for public use of streets
or roads any other improvements made thereon, provided such improvements
have been inspected and have received final approval by the Borough
Engineer.
H.
Failure to act.
(1)
If the Borough Engineer or Borough Council fails to act on the
request for release of a performance guarantee within the time required
herein, the obligor may apply to the court in the manner provided
below, provided that nothing herein shall be construed to limit the
right of the obligor to contest by legal proceedings any determination
of the Borough Council or Borough Engineer.
(1.1)
If the Borough Engineer fails to send or provide the list and
report as requested by the obligor as required herein within 45 days
from receipt of the request, the obligor may apply to the court in
a summary fashion for an order compelling the Borough Engineer to
provide the list and report within a stated time. The cost of applying
to the court, including reasonable attorney's fees, may be awarded
to the prevailing party.
(1.2)
If the Borough Council fails to approve or reject the improvements
determined by the Borough Engineer to be complete and satisfactory
or reduce the performance guarantee for the complete and satisfactory
improvements within 45 days from the receipt of the Borough Engineer's
list and report, the obligor may apply to the court in a summary manner
for an order compelling, within a stated time, Borough Council approval
of the complete and satisfactory improvements and approval of a reduction
in the performance guarantee for the approvable complete and satisfactory
improvements in accordance with the itemized cost estimate prepared
by the Borough Engineer, which cost estimate shall have been appended
to the performance guarantee as required herein. The cost of applying
to the court, including reasonable attorney's fees, may be awarded
to the prevailing party.
I.
Maintenance guarantees.
(1)
Public improvements and perimeter landscaping buffers. If required
by an approval, or developer's agreement with the Borough, the developer
shall post with the Borough prior to release of a performance guarantee
required pursuant to Section 13-4.9A(2)(a) or (b), a maintenance guarantee
for such improvements.
(2)
Except as specifically provided otherwise below, maintenance
guarantees shall be administered in the same manner as performance
guarantees as provided by this chapter.
(2.1)
Amount of maintenance guarantee. The maintenance guarantee shall
be in favor of the Borough of Morris Plains in an amount equal to
15% of cost of such improvements. In the event of improvements for
which a performance guarantee was issued, the amount of the maintenance
guarantee shall equal 15% of the cost of those improvements for which
the performance guarantee(s) is (are) being released. The cost of
said improvements shall be determined by the Borough Engineer in the
same manner as provided herein for performance guarantees.
(2.2)
Appeal of disputed maintenance guarantee amounts. The developer
may appeal the Borough Engineer's estimate of the cost of improvements
for purposes of furnishing a maintenance guarantee. Such appeal shall
be made in accordance with N.J.S.A. 40:55D-53.4.
(2.3)
Form of guarantee. The maintenance guarantee shall be in the
form of any security issued by an institution authorized to issue
such securities in the State of New Jersey and which may be accepted
by the Borough and approved by the Borough Attorney, including but
not limited to surety bonds, cash and letters of credit; provided,
however, that acceptance of letters of credit shall be subject to
the same conditions as provided herein for performance guarantees.
(2.4)
Term of maintenance guarantee. The maintenance guarantee shall
be required to run for a period of two years, which shall be stated
in the guarantee and shall automatically expire at the end of the
established term.
(3)
Private stormwater management improvements. If required by an
approval, or developer's agreement with the Borough, the developer
shall post, with the Borough, upon the inspection and issuance of
final approval of the following final site improvements by the Borough
Engineer, a maintenance guarantee for the following private site improvements:
stormwater management basins, in-flow and water quality structures
within the basins, and the out-flow pipes and structures of the stormwater
management system, which shall comply with the requirements set forth
above.
J.
Inspection of improvements and construction.
(1)
All improvements required by a Board approval, except electric,
telephone, cable television, streetlighting, gas, water, and streets
under the jurisdiction of a governmental entity other than the Borough,
shall be installed under the supervision and inspection of the Borough
Engineer. Such other improvements shall be installed under the supervision
and inspection of the authority having jurisdiction over such improvements.
No construction work covering the required improvements shall be commenced
without the developer first notifying the Borough Engineer and/or
Construction Official, as applicable, that said construction work
is about to take place. Such notice shall be given, in writing, to
the Borough Engineer at least one week before the commencement of
such work. No required improvements shall be covered with soil or
other improvements until inspected and approved by the Borough Engineer.
K.
Exception for improvements related to other jurisdictions.
(1)
In the event that other governmental agencies or public utilities
automatically will own the improvements or utilities to be installed,
or the improvements or utilities are covered by a performance or maintenance
guarantee issued to another governmental agency, no performance or
maintenance guarantee, as the case may be, shall be required by the
Borough for such improvements or utilities.
[1]
Editor's Note: Former Section 13-4.9, Improvements or guarantees
required of major subdivisions and site plans, was repealed 7-18-2019
by Ord. No. 7-2019.
[Added 7-18-2019 by Ord.
No. 7-2019]
Prior to any construction and coincident with the furnishing
of the performance guarantee by the developer, the developer shall
enter into a developer's agreement with the Borough incorporating
all of the terms and conditions of approval as required by the Board.
In addition, the developer's agreement may impose and prescribe the
terms of other matters that may or may not be specified in the Board's
approval, including but not limited to the following:
A.
Procurement of necessary drainage, utility, access, construction
and other easements.
B.
Revisions to the drainage plan as may be reasonably required by the
Borough Engineer before or during construction. All drainage problems
shall be resolved to the satisfaction of the Borough Engineer prior
to the issuance of the final certificate of occupancy in the subdivision.
C.
Construction-related provisions, such as permitted days and hours
of construction, traffic controls, staging and storage of equipment
and materials, site security, noise and dust controls, installation
and use of temporary structures, etc.
D.
Tree preservation, removal and replacement requirements.
E.
Condominium requirements and documentation.
F.
Compliance with state, county and other jurisdictional requirements.
G.
Submission of as-built drawings.
H.
Title 39 requirements.
I.
Insurance, liability and indemnification requirements shall be drafted
in an agreement between the developer and the Borough of Morris Plains
incorporating all of the terms and conditions of approval imposed
by the Planning Board.
[1]
Editor's Note: Former Section 13-4.10, Agreement between developer
and Borough, was repealed 7-18-2019 by Ord. No. 7-2019.
A.
Prior to the acceptance by the Borough of any improvements installed
for any subdivision, the applicant shall furnish to the Borough Engineer
as-built plans for the following drawn on translucent tracing cloth
or its equivalent on sheets not larger than 24 inches by 36 inches
and a minimum scale of one inch equals 50 feet horizontal and one
inch equals five feet vertical:
(1)
Roads (plans and profiles showing design elevations and center
line gradients and as-built elevations along road center line at fifty-foot
stations and as-built center line gradients).
(2)
Surface and stormwater drainage (plans and profiles for facilities
in roads and easements and showing pipe sizes, invert elevations,
top or rim elevations and pipe gradients).
(3)
Sanitary sewers (plans and profiles for facilities in roads
and easements and showing pipe sizes, invert elevations, top or rim
elevations and pipe gradients).
(4)
Water mains, gas mains, underground electric conduits and underground
telephone conduits (plans and profiles for facilities in roads and
easements).
B.
All of the foregoing improvements and utilities may be shown on the
same location plan with appropriate legends.
[1]
Editor’s Note: Former Section 13-4.12, Maintenance guarantee,
was repealed 7-18-2019 by Ord. No. 7-2019.
A.
The agreement shall also provide that the applicant shall reimburse
the Borough for all reasonable inspection fees paid to the Borough
for the inspection of any improvements and construction, provided
that the Borough may require of the developer a deposit for the inspection
fees in an amount not to exceed, except for extraordinary circumstances,
the greater of $500 or 5% of the cost of improvements, which cost
shall be determined pursuant to Section 15 of P.L. 1991, c. 256.[1] For those developments for which the reasonable anticipated
fees are less than $10,000, fees may, at the option of the developer,
be paid in two installments. The initial amount deposited by a developer
shall be 50% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the developer has been reduced by the amount
paid to the Borough Engineer for inspection, the developer shall deposit
the remaining 50% of the anticipated inspection fees. For those developments
for which the reasonably anticipated fees are $10,000 or greater,
fees may, at the option of the developer, be paid in four installments.
The initial amount deposited by the developer shall be 25% of the
reasonably anticipated fees. When the balance on deposit drops to
10% of the reasonably anticipated fees because the amount deposited
by the developer has been reduced by the amount paid to the Borough
Engineer for inspection, the developer shall make additional deposits
of 25% of the reasonably anticipated fees. The Borough Engineer shall
not perform any inspection if sufficient funds to pay for those inspections
are not on deposit. In addition, all deposits for inspection fees
shall be subject to the following conditions:
[1]
Editor's Note: See N.J.S.A. 40:55D-53.4.
B.
Fees for engineering inspections during and after construction, and
during the maintenance period, shall be deposited in cash, or by certified
check, with the Borough, prior to the issuance of a construction permit
by the Borough Engineer.
C.
In the event that construction proceeds at a rate outside of the
time frame as established in the developer's agreement and the work
is not pursued in a diligent manner resulting in an unreasonable number
of engineering inspections, or in the event of faulty installations,
inferior materials or workmanship causing an unreasonable number of
engineering inspections, an additional fee shall be paid by the applicant
to cover the engineering cost of such additional inspections.
A.
General provisions. Prior to the granting of final approval, the developer shall have installed or furnished performance guarantees as set forth in Section 13-4.9A for the ultimate installation of the improvements described below. All improvements shall be subject to approval and inspection by the Borough Engineer, who shall be notified by the developer at least two weeks prior to the start of construction of any improvements. No underground installation shall be covered until inspected and approved.
(1)
Compliance required. The developer shall observe the requirements
and principles of land subdivision and site design of each development
or portion thereof, as set forth in this section.
(2)
General standards. The development shall conform to design standards
that will encourage good development patterns within the Borough.
The development shall conform to the proposals and conditions shown
on the Official Map, if there be one, and Master Plan of the Borough.
The streets, drainage or other areas shown on the officially adopted
Master Plan or Official Map shall be considered in approval of all
developments.
B.
On-tract improvements for subdivisions.
(1)
Streets, curbs and sidewalks. Streets, curbs and sidewalks shall
be designed and constructed in accordance with all applicable requirements
of this chapter and in accordance with the Borough road specifications
as adopted by resolution of the Borough Council, February 14, 1946
and any amendments thereto, or an equally satisfactory surfacing as
approved by the Borough Engineer.
(1.1)
Arrangement. The arrangement of streets not shown on the Master
Plan or Official Map shall be such as to provide for the appropriate
extension of existing streets. All streets shall conform in widths,
construction, directions and alignments with the Official Map and
Master Plan and as may be required by the Planning Board, and shall
connect with streets shown thereon with the minimum of jogs and sharp
angles.
(1.2)
Minor streets. Minor streets shall be so designed as to discourage
through traffic.
(1.3)
Right-of-way width. The right-of-way width shall be measured
from lot line to lot line and shall not be less than 50 feet unless
a greater width is shown on the Master Plan or Official Map, or unless
a different width is specified by the Residential Site Improvement
Standards. The entire street width shall be graded.
(1.4)
Pavement and curbs. The pavement width of public streets shall
be measured from curb to curb and shall not be less than 30 feet unless
a greater width is shown on the Master Plan or Official Map, or unless
a different width is specified by the Residential Site Improvement
Standards. All streets shall be bounded by granite block curbs. The
developer shall install bituminous pavement with minimum compacted
thickness of 5 1/2 inches of stabilized base course and two inches
of concrete surface course (FABC) except under the Residential Site
Improvement Standards provide for a different specification.
(1.5)
Grades. Grades of all streets in general shall conform to topography.
Grades of streets in residential zones shall conform to the Residential
Site Improvement Standards. Grades on all other streets shall not
be less than 1/2 of 1% nor greater than 10%, except in special instances
where the topography of the land to be subdivided is such as to make
it impossible to otherwise develop such land.
(1.6)
Subdivisions that adjoin or include existing streets that do
not conform to widths as shown on the Master Plan or Official Map
or to the street with requirements of this chapter shall dedicate
additional width along either one or both sides of said road. If the
subdivision is along one side only, 1/2 of the required extra width
shall be dedicated.
(1.7)
Dead-end streets (culs-de-sac). Dead-end streets shall be constructed
with a turnaround at the end with a radius of not less than 50 feet,
except as otherwise provided by the Residential Site Improvement Standards
(RSIS), and tangent, whenever feasible, to the right side of the streets.
If a dead-end street is of a temporary nature, a similar turnaround
shall be provided and provisions made for future extension of the
street and reversion of the excess right-of-way to the adjoining properties.
(1.8)
Existing street. Subdivisions that adjoin or include existing
streets that do not conform to the widths as shown on the Master Plan
or Official Map or the street width requirements of this chapter shall
dedicate and improve additional width along either one or both sides
of said road. If the subdivision is along one side only, 1/2 of the
required extra width shall be dedicated and improved.
(1.9)
Intersections. Street intersections shall be as nearly at right
angles as is possible and in no case shall be less than 60°. The
block corners at the intersections shall be rounded at the curbline
with a curve having a radius of not less than 25 feet. No more than
two streets shall meet or intersect at any one point.
(1.10)
Street jogs. Street jogs with center line offsets
of less than 125 feet shall be prohibited.
(1.11)
Tangents. A tangent at least 50 feet long on
minor streets, 100 feet long on collector streets and 300 feet long
on arterial streets shall be introduced between reverse curves.
(1.12)
Street line deflection. When connecting street
lines deflect from each other at any one point by more than 10°
and not more than 45°, they shall connect by a curve with a radius
of not less than 100 feet for minor streets and 300 feet for collector
and arterial streets.
(1.13)
Changes in grade. All changes in grade shall
be connected by vertical curves of sufficient length to provide a
smooth transition and proper sight distance, as established in the
"Traffic and Transportation Handbook", ITE, latest edition.
(1.14)
Sight triangles. Sight triangles shall be required
at each quadrant of an intersection of streets. The area within a
sight triangle shall be a dedicated easement by deed as a part of
the street right-of-way and shall be maintained as a part of the lot
adjoining the street as a sight-triangle easement. The design and
regulation of sight triangles shall be in accordance with accepted
engineering practices and as approved by the Borough Engineer.
(1.15)
Blocks. Block length and width or acreage within
bounding roads shall be of such size and shape as to accommodate the
size of lot required in the area by the zoning regulations and as
consideration of topography and street layout shall dictate and to
provide for convenient access, circulation control and safety of street
traffic.
(1.16)
Street name signs. Street name signs shall be
placed at all street intersections within or abutting the subdivision.
Such signs shall be of a type approved by the Borough and shall be
placed in accordance with the standards of the Borough. All street
names shall be approved by the Borough Council, but a continuation
of an existing street shall have the same name.
(1.17)
Sidewalks. Except as otherwise provided by the
Residential Site Improvement Standards, the subdivider shall construct
a minimum four-foot concrete sidewalk on both sides of the street
in accordance with Borough road specifications as they may be adopted
by resolution of the Borough Council, or an equally satisfactory surface
as approved by the Borough Engineer.
(1.18)
Shade trees. The subdivider shall provide shade
trees along the street, the same not closer than 50 feet from trunk
to trunk. The Shade Tree Commission shall determine the type and size
of such shade trees; provided no tree larger than 2 1/2 inches
in diameter shall be required.
(2)
Blocks.
(2.1)
Block length and width or acreage within bounding roads shall
be such as to accommodate the size of lot required for the zone in
Schedule D[2] and to provide for convenient access, circulation control
and safety of street traffic.
[2]
Editor's Note: The Schedule is included as an attachment to this chapter.
(2.2)
In blocks over 1,000 feet long, pedestrian walkways may be required
in locations deemed necessary by the Planning Board. Such walkway
shall be 10 feet wide and be straight from street to street and paved
four feet in width with material approved by the Borough Engineer.
(2.3)
For all uses, block size shall be sufficient to meet all area
and yard requirements for such use.
(3)
Lots.
(3.1)
Dimensions. Lot dimensions and area shall be not less than the
requirements of the zoning regulations.
(3.2)
Side lines. Insofar as is practical, side lot lines shall be
at right angles to straight streets and radial to curve streets.
(3.3)
Frontage. Each lot must front upon an approved street at least
50 feet in width.
(3.4)
Setbacks. Where extra width has been dedicated or is proposed
in the Master Plan for widening of existing streets, lots shall begin
at such extra width line, and all setbacks shall be measured from
such line.
(3.5)
Suitability. Where there is a question as to the suitability
of a lot or lots for their intended use due to factors such as rock
formations, flood conditions or similar circumstances, the Planning
Board may, after adequate investigation, withhold approval of such
lots. All lots shall be so arranged that, to the greatest extent possible,
each lot can reasonably be developed without intruding into areas
of physical and environmental constraint, especially areas of steep
slope and wetland areas.
(3.6)
Corner lots. Care shall be exercised in the layout of lots at
street intersections. Corner lots shall be increased in size, where
necessary, in order to provide that any structure placed thereon can
conform to the setback lines of both streets. The intersection of
the two property lines adjoining the street shall be rounded to a
radius of 25 feet.
(3.7)
Driveways. On any lot where a driveway is constructed, the subdivider
shall construct the driveway and surface it uniformly from the edge
of the paved road or curbline to the property line and thence to its
ultimate destination.
Where there is a question, due to topographic or other conditions,
as to the suitability of a lot or lots in a residential zone to provide
adequate driveway access to off-street parking or to garages as required
by this chapter, the Planning Board may require, at the time of preliminary
approval, the submission of a site plan for each individual lot in
question.
Such site plan shall be drawn at a scale of not more than one
inch equals 50 feet and shall show such detail as necessary to demonstrate
to the Board that proper driveway access can be provided, including,
but not limited to the following:
(a)
Topography.
(b)
Existing and proposed elevations at strategic locations.
(c)
Center line profile of the driveway.
(d)
Construction details of any necessary retaining
walls or other structures necessary to provide adequate driveway access.
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The Planning Board shall not approve a site plan when the driveway
grade exceeds 15%. Recognizing that plans for individual homes may
change between the time of preliminary approval and the application
for a building permit, the Planning Board shall consider an amended
site plan for an individual lot prior to the issuance of a building
permit that will equally achieve the objectives of the originally
approved site plan.
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Each lot shall be provided with a paved driveway at least 10
feet in width, with an opening at the curbline of at least 15 feet
in width and a curb radius or taper between the curb opening and the
drive. All driveways shall meet the abutting road at a horizontal
angle of not less than 60° within 20 feet of the curbline on straight
roads and radially to the curb on curved roads. Provisions shall be
made for a standing area extending a distance of not less than 20
feet from the curbline at a grade not to exceed 2%, and a standing
area at the garage a minimum of 20 feet in length at a grade not to
exceed 5%.
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That portion of the driveway connecting the standing areas at
the curbline and garage shall be constructed with a grade not to exceed
15%. All changes in center line grades shall be connected with symmetrical
vertical curves not less than 12 feet in length. In no event shall
the driveway opening at the curbline be located closer than 25 feet
from the end of the curb return formed at the street intersection.
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(3.8)
Topsoil protection. No soil shall be removed except in accordance with the Soil Removal Chapter (Chapter 19) of the Revised Ordinances of the Borough of Morris Plains. In all residential zones, all front yards shall be landscaped with at least three inches of topsoil and with sod, seeding or other suitable ground covering. All rear yards shall be completely landscaped and maintained with at least three inches of topsoil and with sod, seeding to other suitable ground covering to a depth of at least 25 feet from the rear of the principal building. All side yards shall be landscaped and maintained with at least three inches of topsoil and with sod, seeding or other suitable ground covering for the full width of the side yard extending from the front yard to a point at least 25 feet to the rear of the principal building.
(3.9)
Where extra width has been dedicated for widening of existing
streets, lots shall begin at such extra width line, and all setbacks
shall be measured from such line.
(4)
Utilities.
(4.1)
Sanitary sewers. In all subdivisions, the subdivider shall install
sanitary sewer mains, extensions of sewer mains, laterals, and house
connections, and shall cause the same to be connected to the public
sanitary sewer system of the Borough if the same shall be available.
If a public sanitary sewer is not available, the foregoing improvements
shall be installed as "dry sewers."
(4.2)
Water. The subdivider shall make a supply of water available
to each lot within the subdivision. He shall also provide for the
installation of fire hydrants in locations approved by the Fire Committee
of the Borough Council.
(4.3)
Electric and telephone utilities. In all major subdivisions,
the developer shall arrange with the serving utility companies, for
the underground installations of the utilities' distribution supply
lines and service connections in accordance with the provisions of
the applicable standard term and conditions incorporated as a part
of its tariff as the same are then on file with the State of New Jersey
Board of Public Utility Commissioners. The developer shall submit
to the Planning Board prior to granting of preliminary approval a
written instrument from each serving utility, which shall evidence
full compliance with the provisions of this paragraph; provided however,
that lots in such subdivisions which abut streets where overhead electric
or telephone distribution supply lines have theretofore been installed
on any portion of the streets involved, may be supplied with electric
and telephone service from such overhead lines or extensions thereof,
but the service connections from the utilities overhead lines shall
be installed underground. No underground installation shall be covered
until inspected and approved by those agencies having jurisdiction
over the particular installation. The location of access facilities
for servicing the utility in the proposed subdivision shall be developed
in conjunction with and as a part of the complete subdivision plan.
In conjunction with the construction of electric utilities, the developer
shall make provision for streetlights at locations as directed by
the Borough Engineer. The developer shall be responsible for the Contribution
Fixture Rate. For the purpose of this paragraph, the Contribution
Fixture Rate shall define as the total investment required by the
Borough of Morris Plains for the installation and operation of a streetlighting
improvement in any application for the development pursuant to the
current Contribution Fixture Rate program established by the Jersey
Central Power and Light Company.
(4.4)
Stormwater management. The storm drainage collection system
and the detention and/or retention basin system installed shall include
storm sewers located within the beds of streets, culverts and inlets
and storm sewers running through designated easement areas and drainage
pipes attached thereto, as well as dry wells and swales, regrading,
excavation, detention, retention and/or recharge basins which are
required by this chapter and, where applicable, in compliance with
Subchapter 7 of the Residential Site Improvement Standards of the
New Jersey Administrative Code dated January 6, 1997, and as subsequently
amended. The Borough Engineer may require of the developer additional,
reasonable, drainage improvements in order to correct a drainage problem
which develops during the course of construction of single family
homes in subdivision. All such drainage problems shall be rectified
to the satisfaction of the Borough prior to the final release of any
performance guarantee posted as a condition of final subdivision approval.
In order to avoid downstream flooding problems and to maintain groundwater
recharge, control of the total volume of water is encouraged wherever
there are suitable soil types and water table levels appropriate for
groundwater discharge within an underground detention system.
[Amended 12-19-2002 by Ord. No. 24-2002]
(5)
Grading.
(5.1)
All grading and seeding shall be in conformance with a grading
plan which shall include the following information:
(a)
Existing and proposed grades represented by contours
at two-foot intervals when grades are below 20%, at five-foot intervals
when grades are above 20% and by spot elevations when flatness of
the plot makes the use of contours impractical. Existing contours
shall be shown for a distance of 50 feet beyond the plot limits.
(b)
Existing and proposed elevations at all plot corners,
building corners, centers of swales, driveways, and at the locations
of all changes in direction of stormwater flow.
(c)
Swales and other means for the disposition of all
stormwater runoff originating within the plot and of stormwater originating
outside the plot and which will flow into the plot.
(d)
Footprint of typical dwelling, including the location
of the garage, and the proposed elevation of the basement, first and
garage floors.
(e)
All proposed walks, driveways, sidewalks and curbs,
with widths where applicable.
(f)
Limits of clearing including all trees four inches
or more in diameter proposed to be removed.
(5.2)
Design standards for grading plans.
(a)
No soil shall be excavated, removed, deposited
or disturbed except as a result of and in accordance with a grading
plan approved under the terms of this chapter.
(b)
Proposed disturbance of soil shall be for purposes
consistent with the intent of this chapter, and it shall be executed
in a manner that will not cause excessive erosion or other unstable
conditions.
(c)
Provision shall be made for the proper disposition
of surface water runoff so that it will not create unstable conditions.
Appropriate storm drainage facilities shall be provided for downstream
properties.
(d)
There shall be no diversion of additional stormwater
onto property of others nor shall any construction or grading on the
lot result in an increase in existing stormwater flow onto property
of others.
(e)
Provision shall be made for any structures or protective
measures that proposed slopes may require for the protection of the
public safety, including but not limited to retaining walls, headwalls
and fences.
(f)
Any proposed building or structure or attendant
protective measures will not impede the flow of surface waters through
any watercourse or cause an increase in flood heights or velocities.
(g)
Any proposed vehicular facilities, including roads,
drives or parking areas, shall be so designed that any land disturbances
shall not cause excessive erosion.
(h)
Driveway design shall satisfy the requirements
of Section 13-4.14B(3.7).
(i)
Any fill placed on the lot shall be properly stabilized
and, when found necessary depending upon existing slopes and soil
types, supported by retaining walls or other appropriate structures
as approved by the Borough Engineer. In filling operations to bring
a subdivision to approved grade or during the development of a subdivision
for any reason, no tree trunks, stumps, branches or junk or refuse
of any kind which will decay, decompose, degenerate, deteriorate,
rot or rust shall be used. All such prohibited material shall be removed
from any subdivision prior to filling to grade.
(j)
All cuts shall be supported by retaining walls
or other appropriate retaining structures when, depending upon the
nature of the soil characteristics, such structures are found necessary
in order to prevent erosion.
(k)
There shall be no alteration of site elevations
in excess of one foot within five feet of an adjoining property.
(l)
Changes in grade shall not exceed a slope of 3:1
unless supported by retaining walls.
(6)
Public use, service areas and natural features.
(6.1)
In large-scale developments, easements along rear property lines
or elsewhere for utility installation may be required. Such easements
shall be at least 15 feet wide and shall be located in consultation
with the companies or Borough departments concerned.
(6.2)
Where a subdivision is traversed by a watercourse, drainageway,
channel or stream, there shall be provided a stormwater easement or
drainage right-of-way conforming substantially with the lines of such
watercourse, and such further width or construction, or both, as will
be adequate for the purpose. The Borough shall retain the right to
pipe all watercourses.
(6.3)
Natural features such as trees, brooks, hilltops and views shall
be preserved whenever possible in designing any subdivision containing
such features. The Planning Board may require that such features be
protected by means of deed restrictions, conservation easements or
other appropriate instruments.
C.
Improvements for site plans.
(1)
On-tract installations for site plans. Prior to the granting of final approval, the applicant shall have installed or furnished performance guarantees as set forth in Section 13-4.9 for the ultimate installation of any required public on-tract improvements as the same are described in Section 13-4.14B. In addition, the Planning Board may require the installation of on-site improvements, as described in Paragraph (2) below, prior to the granting of final approval and which it finds essential before the issuance of a building permit. All such improvements shall be subject to approval and inspection of the Borough Engineer as provided in Section 13-4.14A above.
(2)
On-site installations for site plans.
(2.1)
General. All site plans shall comply with Section 13-4.14B, On-tract improvements for subdivisions, where applicable as determined by the Planning Board or Board of Adjustment. In reviewing said site development plan, the Planning Board or Board of Adjustment shall ascertain that the following requirements are complied with:
[Amended 9-24-2009 by Ord. No. 13-2009]
(a)
The provisions of the zoning regulations with respect
to height, minimum lot areas, mandatory open spaces and the like are
complied with.
(b)
That adequate provision is made for off-street
parking in accordance with the zoning regulations and that adequate
traffic circulation, traffic safety and protection to adjoining property
is provided.
(c)
That adequate provisions is made for the disposal
of stormwater as approved by the Borough Engineer.
(d)
That the location, design or construction of any
building is not likely to involve risks of traffic congestion, public
safety or hazard.
(e)
That the design or construction of any building
or use will not be so markedly incongruous with the character of the
neighborhood as to materially affect the value of adjacent or nearby
property.
(2.2)
Parking and loading. Except as may other wise be provided in
the Residential Site Improvement Standards (RSIS), all off-street
parking, drives and loading facilities shall meet the following construction
and design standards:
(a)
Pavement. All off-street parking areas other than
residential parking areas shall be surfaced with an asphalt pavement
which shall be graded and drained to dispose of all surface water
as approved by the Borough Engineer.
(i)
Subgrade: The subgrade shall be undisturbed soil
on properly compacted fill. Prior to installation of the paving, the
subgrade shall be dry, firm and graded to the required depth. Subsurface
drains and/or curbing shall be installed where required by existing
conditions.
(ii)
Paving: Paving shall be in four-inch-thick minimum
compacted layer of stabilized base bituminous material topped with
one-and-one-half-inch-thick minimum compacted layer of F.A.B.C. pavement.
(iii)
Finished surface: All finished paved areas shall
be properly sloped to prevent depressions or ponded areas.
(iv)
Utilities: Paving over water or gas shutoff valve
boxes and sanitary sewer pipe sites is prohibited.
(b)
Drainage. All sites shall be drained and graded
so as to control surface run-off efficiently. Storm drainage shall
be connected to existing facilities whenever possible. Surface waters
exceeding a quantity of five c.f.s. must be collected into a storm
drain and not be allowed to run on the surface, unless a specific
alternate design is approved by the Borough Engineer. Storm drain
design is to be based on a "twenty-five-year storm." Retention facilities
may be required by the Borough in cases where existing systems lack
capacity or where needed to protect downstream properties. Where retention
facilities are required, said facilities shall comply with the Residential
Site Improvement Standards cited in Section 13-4.14B(4.4). In order
to avoid downstream flooding problems and to maintain groundwater
recharge, control of the total volume of water is encouraged wherever
there are suitable soil types and water table levels appropriate for
groundwater discharge within an underground detention system.
[Amended 12-19-2002 by Ord. No. 24-2002]
(c)
Curbing. Paved areas shall be bounded by granite
block curb in accordance with applicable Borough specifications.
(d)
Parking. Adequate provision shall be made for off-street
parking in accordance with the requirements in Schedule E.[3] Parking and loading facilities shall meet the following
requirements:
(i)
Each parking space shall have a rectangular area
of at least 200 square feet, exclusive of access drives or aisles,
at least 10 feet in width and 20 feet in length. Each such space shall
abut an access drive or aisle. Where a curbed overhang area of at
least two feet, which does not interfere with any required sidewalk
or landscaping, exists, the area of the parking space may be reduced
to 180 square feet and the length may be reduced to 18 feet.
(ii)
All off-street parking and loading areas, including
access drives and aisles, except for parking which is accessory to
one-family dwellings, shall, unless otherwise provided by this chapter,
meet the location requirements prescribed in Schedule A.[4]
[4]
Editor's Note: The Schedule is included as an attachment to this chapter.
(iii)
All parking areas shall be designed with service
aisles as provided in Schedule B.[5]
[5]
Editor's Note: The Schedule is included as an attachment to this chapter.
(iv)
Marking. All parking and loading spaces, pedestrian
walkways and entrance and exit driveways shall be identified with
lines on the pavement using traffic paint. All parking spaces shall
be "hairpin" striped whereby adjoining parking spaces are separated
by a double painted line with a minimum distance between lines, measured
center to center, of 18 inches.
[3]
Editor's Note: The Schedule is included as an attachment to this chapter.
(e)
Sidewalks shall be constructed where required in
accordance with applicable Borough specifications.
(f)
Screening. All off-street parking and loading areas
shall be effectively screened on any side which adjoins or faces premises
situated in any residential zones, by a fence or wall not less than
four feet nor more than six feet in height, maintained in good condition;
provided, however, that a screening or hedge or other natural landscaping
may be substituted for the required fence or wall if approved by the
Planning Board. The fence as required by this section may be waived
by the Planning Board if, in the Board's judgment, because of topographic
or other unusual conditions, said fence is not necessary to screen
adjoining residential property. Where parking is located in a front
yard, the Planning Board may require construction of landscaped berms
up to a height of five feet with slopes at a ratio of not less than
2:1.
(g)
Adequate lighting shall be provided for parking
areas during the period when the facility is in operation between
1/2 hour before sunset and 1/2 hour after closing. In addition, the
premises shall have adequate lighting for security purposes during
the period when the facility is not in operation. Battery or other
emergency backup power shall be provided in order to maintain correct
timing of lighting in the event of a power failure. All exterior lighting
shall meet the following criteria:
(i)
All lights shall be focused downward so that the
direct source of light is not visible from adjoining streets or properties.
(ii)
No light source shall exceed a height of 15 feet.
(iii)
All lights shall be shielded to restrict the
maximum apex angle of the cone of illumination to 150°.
(iv)
The light intensity provided at ground level shall
be a minimum of 0.5 footcandle anywhere in the parking area and shall
average a minimum of 1.0 footcandle over the entire parking area.
(v)
The light intensity shall not exceed 0.5 footcandle
along any property line or 0.3 footcandle at a residential property
line.
(vi)
For each fixture, including illuminated signs,
the total quantity of light radiated through the face surface shall
not exceed two footcandles when measured from a distance of six feet
from the face of the sign.
(vii)
Provision shall be made for reduction in the
intensity of illumination to the minimum needed for security purposes
when the facility is not in operation.
(viii)
The style of any light or light standard shall
be consistent with the architectural style of the principal building.
In the B-1, B-2, B-4, and B-5 Zones, the style of light fixtures shall
be consistent with the style of fixtures adopted by the Borough for
use in Borough parking lots.
[Amended 5-5-2022 by Ord. No. 5-2022]
(ix)
Freestanding lights shall be protected to avoid
being damaged by vehicles.
(x)
Spotlights and floodlights shall be located and
directed so as not to project light beyond the surface being lighted
or to create a nuisance or hazard.
(xi)
Whenever possible, walkways shall be lighted with
low or mushroom-type standards.
(xii)
Strings of lights, except Christmas lights, and
flashing, moving or rotating lights are prohibited.
(h)
Landscaping. Those portions of the property which
are not used for off-street parking shall be attractively planted
and maintained with at least three inches of topsoil with trees, shrubs,
plants, in size and number, and grass lawns, as may be required by
the Planning Board. Special plantings or fences as may be required
by the Planning Board shall be provided along the zone boundary lines
so that parking areas shall not be visible from the adjoining or adjacent
residential properties. All embankments with greater than one or two
slopes shall be terraced, and retaining walls of rock, railroad ties
or other suitable materials shall be installed. Such terraces shall
be landscaped and maintained in an attractive manner. Those portions
of the property which are landscaped as required by this paragraph
shall be adequately maintained by the owner, keeping all plantings
alive and healthy, or replaced.
(i)
Improvements in right-of-way. All new uses or expansion
of existing uses in nonresidential zones shall be required to provide
curbs, sidewalks and shade trees within the street right-of-way. All
such facilities shall be installed in accordance with the Borough
specifications.
(j)
Utilities. All uses shall be provided with adequate
water supply and sanitary disposal facilities, all in accordance with
applicable local and state requirements.
(k)
Fire access. Adequate access for fire protection
equipment to all buildings shall be provided as follows:
(i)
A paved area, designated as a fire zone, shall
be provided for fire vehicle access.
(ii)
A minimum of two points of access shall be provided,
with a minimum separation measured along the perimeter of the roof
of 150 feet.
(iii)
The inside edge of the paved area shall be approximately
15 feet from the building (measured horizontally from the point of
Fire Department roof access) or such other distance as may be recommended
by the Fire Department based upon the height of the building.
(iv)
The difference in elevation between the paved
area and the roof elevation (including any parapet) at this location
shall not exceed 60 feet.
(l)
Trash, garbage and recyclable materials. Provision
shall be made for the orderly deposit, storage and collection of trash,
garbage and recyclable materials in accordance with the requirements
below:
(i)
Trash, garbage and recyclable materials stored
outside a building shall be stored in suitable containers and in fenced
or walled enclosures. Said enclosures may adjoin the rear wall of
a building, may adjoin a side wall of a building which does not face
on either a street or a residential district or may be located in
the rear yard and apart from the building, provided that the setbacks
for parking areas are met. Said enclosures shall be screened from
view from any adjoining street or property when deemed necessary by
the Planning Board.
(ii)
Any trash, garbage and recyclable materials shall
be so contained as to be protected from the elements and to eliminate
the potential for accumulation or scattering of debris. Garbage of
an animal or vegetable nature, any trash or waste material that would
attract vermin and insects and any other waste material which, by
its nature, would present a health hazard if exposed to the elements
shall be stored in airtight and/or leakproof, covered metal containers
as may be necessary.
(iii)
The applicant shall submit a written statement
describing the nature of the garbage, trash and recyclable materials
to be generated by the use, the weekly volume of material generated,
the proposed methods of deposit of material, the frequency of removal
from the premises and the type(s) of container(s) to be used for storage
and compaction, including the manufacturer's literature relating to
same. The written statement and site plan shall be submitted to the
Board of Health and the Fire Prevention Bureau for their reports and
recommendations, and no site plan shall be approved unless the proposed
methods for the deposit storage and collection of trash, garbage and
recyclable materials are safe and sanitary and adequate to assure
the protection of the health, safety and welfare of the Borough.
(iv)
In multifamily residential developments containing
25 or more units and in nonresidential developments utilizing 1,000
square feet or more of land area the location and description of provisions
for the recycling of recyclable materials shall be in accordance with
municipal recycling ordinance. The plan shall be accompanied by a
description of the following:
(m)
Other improvements. The Planning Board may require
items of construction such as retaining walls, guard rails, safety
fencing, traffic barricades, or other devices necessary in the interest
of public safety and convenience.
(n)
Requirements for planned shopping centers. In addition
to the other requirements of this section, properties in the B-3 Zone
shall comply with the following regulations.
(i)
Each entrance to and exit from such parking lot
shall be at least 50 feet distant from any adjacent property located
in any residence zone and the location and design of entrances, exits,
surfacing, landscaping, marking and lighting shall be subject to the
approval of the Planning Board to insure adequate relation to traffic
safety and protection of the adjacent residence area.
(ii)
The required parking areas are permitted in abutting
residential zones, provided the parking area does not extend more
than 300 feet into the residential zone, and further provided the
parking area must extend continuously from the planned shopping center
zone boundary line.
(iii)
Direct ingress and egress shall be prohibited
within 300 feet of any intersection or through any abutting zone.
(iv)
Pedestrian walks of not less than 10 feet wide
between the parking areas and the stores shall be provided.
(v)
Each shopping center shall provide an area for
the orderly deposit and pickup of trash which is concealed from adjoining
residential properties and from the customers' parking area as regulated
in Section 13-5.2A(14.2) of this chapter.
(vi)
Nuisances. No store or shop within the center
shall use any noise-making devices such as phonographs, loud speakers,
amplifiers, radios, television sets or similar devices so situated
as to be heard outside any building in the center. No smoke, fumes
or objectionable odors shall be emitted from any building. The display
of merchandise placed on the exterior premises of any building is
prohibited.
(vii)
Landscaping. All portions of all front, rear
and side yards that are not used for off-street parking shall be attractively
planted with trees, shrubs, plants and grass lawns as required by
the Planning Board. Special planting, fencing, berms and other landscaping
features shall be provided along the front, side and rear property
lines as required by the Planning Board so that parking and loading
areas are not visible from the abutting streets and properties. In
addition, there shall be provided at the end of each bay of parking,
and between adjoining bays of parking, extending the full length of
the bays, a landscaped area at least 10 feet wide. A bay of parking
is a row of parking spaces served from a common traffic aisle.
D.
Exceptions to applications. The Planning Board, when acting upon
applications for preliminary or minor subdivision approval or for
preliminary site plan approval, shall have the power to grant such
exceptions from the requirements for approval as may be reasonable
and within the general purpose and intent of the provisions herein,
if the literal enforcement of one or more provisions herein is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question.
Pursuant to N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-42, where
the need for off-tract improvements for water, sewer drainage, street
improvements and other improvements as provided by law is, in whole
or in part, made necessary or required as a result of the proposed
development application, the municipal agency may require the applicant,
as a condition of subdivision or site plan approval, to construct
or contribute its pro-rata share of the cost of such off-tract improvements
in accordance with the provisions of this section.
A.
Determinations by municipal agency. The municipal agency shall review
all subdivision and site plan applications to determine their impact
on the Borough's infrastructure. In making such a determination, the
municipal agency shall be guided by the rules and regulations specified
in this chapter and the Master Plan. The municipal agency shall also
be guided by recommendations regarding the subject matter from the
agency's attorney, engineer, planning consultant, municipal officials
and other qualified experts. Thereafter, the municipal agency shall,
with the assistance of such professionals:
(1)
Determine the need for off-tract improvements.
(2)
Determine the total cost of the off-tract improvement.
(3)
Determine the amount, if any, by which all properties to be
serviced thereby, including the applicant's property, will be specially
benefited therefrom.
(4)
In cases where reasonable and necessary need for the off-tract
improvement or improvements is necessitated or required by the proposed
development application and where no other property owners receive
a special benefit thereby, the municipal agency shall require the
applicant, as a condition of approval, at the applicant's expense,
to provide for and construct such improvements as if such were on-tract
improvements and shall forward a report of its findings to the Borough
Council.
(5)
In cases where the need for any off-tract improvement is necessitated
by the proposed development application and where the municipal agency
determines that properties outside the development will also benefit
by the improvement, the municipal agency shall forward to the Borough
Council a report containing a list and description of all such improvements,
together with its request that the Borough Council determine the matters
in Paragraph B below and advise the municipal agency of the Borough
Council's decision.
B.
Determinations by Borough Council. Upon receipt of the recommendations
and report of the municipal agency, the Borough Council shall, within
30 days from the receipt thereof, determine and advise the municipal
agency whether:
(1)
The recommended off-tract improvement should be undertaken in
the manner recommended by the municipal agency or whether the Borough
Council is of the opinion that an alternative improvement should be
considered by the municipal agency.
(2)
The improvement is to be constructed or installed by the Borough
as a general improvement or as a local improvement.
(3)
The improvement is to be constructed or installed by the developer
under a formula providing for partial reimbursement by the Borough
or otherwise for benefits to properties other than the development
where appropriate.
C.
Amount of contribution. Once the Borough Council has made the determinations
in Paragraph B(3) above, the developer may be required to provide,
as a condition for final approval of the development, a combination
of performance and maintenance guarantees, cash contributions, developer's
agreements and/or other forms of surety permitted by law to insure
payment to the Borough of one of the following amounts:
(1)
If the improvement is to be constructed by the Borough as a
local improvement, the developer's proportionate share of the total
cost of the improvement.
(2)
If the improvement is to be constructed by the developer, the
total cost of the off-tract improvement less an offset for the value
of the special benefit to properties other than the developer's.
D.
Pro-rata formula for determining applicant's share of off-tract improvements.
Where an off-tract improvement is required, the following criteria
shall be utilized in determining the proportionate share of such improvements
to the applicant:
(1)
Roadways. For street widening, alignment, channelization of
intersections, construction of barriers, new or improved traffic signalization,
signs, curbs, sidewalks, trees, utility improvements not covered elsewhere,
the construction or reconstruction of new or existing streets and
other associated street or traffic improvements, the applicant's proportionate
costs shall be determined as follows:
|
Future peak-hour traffic generated by the development
Future peak-hour
|
x
|
Total cost of the roadway improvements and/or extension
|
=
|
Developer's cost
|
(2)
Drainage improvements. For stormwater and drainage improvements,
including installation, relocation or replacement of transmission
lines, culverts, catch basins and the installation, relocation or
replacement of other appurtenances associated therewith, the applicant's
proportionate share shall be determined as follows:
|
Development cubic feet per second ("cfs")
Total tributary cfs
|
x
|
Total enlargement of improvement cost of drainage facilities
|
=
|
Developer's cost
|
(3)
Sanitary sewers. For distribution facilities, including the
installation, relocation or replacement of collector, trunk and interceptor
sewers and the installation, relocation or replacement of other appurtenances
associated therewith, the applicant's proportionate share shall be
computed as follows:
(3.1)
If the existing system does not have adequate capacity for the
total developed drainage basin, the prorated enlargement of improvement
share shall be computed as follows:
|
Development gallons per day ("gpd")
Total tributary gpd
|
x
|
Total enlargement or improvement cost
|
=
|
Developer's cost
|
(3.2)
If it is necessary to construct a new system in order to develop
the subdivision, the prorated enlargement share to the developer shall
be computed as follows:
|
Development tributary gpd
Total tributary gpd
|
x
|
Total project cost
|
=
|
Developer's cost
|
(4)
Water. For water distribution facilities, including the installation
of new water mains, the extension of existing water mains, the relocation
of such facilities and the installation of other appurtenances associated
therewith, the applicant's proportionate share shall be computed as
follows:
|
Use of Water (gpd) by the developer
Total use of water (gpd) of area served by the improvement
|
x
|
improvement cost
|
=
|
Developer's cost
|
(5)
Adjustments to formulas. It is recognized that the foregoing
formulas may require adjustment because of peculiar or exceptional
circumstances or may require that application of alternative criteria
in order to arrive at a fair and equitable distribution of cost. For
example, in the case of linear improvements, such as streets, water
and sewer lines and storm drains, length of property frontage may
be a more appropriate determining factor. In such instances, the municipal
agency may modify or adjust the formulas.
E.
Cash contributions; methods of payment.
(1)
The estimated developer's cost plus a reasonable inflation cost
for the off-tract improvement allocated to the developer, if deposited
in cash, shall be paid by the developer to the Borough Treasurer with
a copy of the applicant's transmittal letter forwarded to the governing
body, the Borough Engineer and the municipal agency. Any and all monies
received by the Treasurer shall be deposited in a separate interest-bearing
account to the credit of the Borough, and such funds shall be used
only for the improvements for which they are deposited or improvements
serving the same purpose. If such improvements are not initiated by
the developer or the Borough within a period of 10 years from the
date of payment or other mutually agreeable period of time, then the
funds so deposited shall be returned to the developer, together with
accumulated interest less 10% of accumulated interest for administration
cost. If, after diligent inquiry, the Borough is unable to locate
the developer or its successor in order to return said funds, then
the funds so deposited shall be placed in the Borough's general capital
improvement fund and shall not be returnable to the developer thereafter.
(2)
In the event the payment by the developer to the Borough Treasurer
provided herein is less than its share of the actual cost of the off-tract
improvements, then it shall be required to pay its additional share
of the cost thereof.
F.
Assessment of properties. The Borough may adopt a local improvement
assessment ordinance for the purpose of construction and installation
of the off-tract improvements, based upon the cost for the project,
including administration and finance charges. Any portion of the cost
of the improvements not defrayed by a developer may be assessed by
the Borough against benefiting property owners according to their
pro-rata share. Any such assessments for benefits made against the
developer or its successors in interest shall be first offset by a
pro-rata share credit of the allocated costs previously deposited
with the Borough Treasurer pertaining thereto. The developer or its
successors in interest shall not be liable for any part of an assessment
for such improvements unless the assessment exceeds its pro-rata share
credit for its deposit, and then only to the extent of the deficiency.
G.
Credit for work performed. In the event the developer installs and
constructs an off-tract improvement or any portion thereof, which
improvement is accepted by the Borough, then the cost shall be treated
as a credit against any future assessment for that particular off-tract
improvement or portion thereof later constructed or completed by the
Borough in the same manner as if the developer has deposited its apportioned
cost with the Borough Treasurer, as provided herein.
H.
Installation of improvements by applicant. At the discretion and
option of the Borough Council, the Borough Council may enter into
a contract with the developer providing for the installation and construction
of the off-tract improvements by the developer upon contribution by
the Borough of the remaining unallocated portion of the cost of the
off-tract improvement. In the event the Borough elects to contribute
to the cost and expense of installation of the off-tract improvements
by the developer, the portion contributed by the Borough shall be
subject to possible certification and assessment as a local improvement
against benefiting property owners in the manner provided by law,
if applicable.
I.
Design standards. Should the developer and the Borough enter into
a contract for the construction and installation of the off-tract
improvements to be done by the developer, the developer shall observe
all requirements and principles of this chapter and other ordinances
in the design of such improvements.
J.
Condition of approval. The term set forth herein shall be a condition
of either preliminary approval or final approval of a subdivision
or site plan. If not imposed as a condition of preliminary approval,
such off-tract improvements and the apportionment of the cost thereof
shall be considered improvements under N.J.S.A. 40:55D-1 et seq.,
which may be imposed at the time of final approval.
K.
Notice and appeal. Before apportioning the cost of off-tract improvements
to a developer, the municipal agency shall notify and afford the developer
an opportunity to be heard thereon at a public meeting. The developer
may appeal from the Borough Council's decision to the Superior Court
within 45 days from the date of the Council's decision.
[Added 3-2-2006 by Ord.
No. 1-2006; amended 6-3-2021 by Ord. No. 9-2021]
A.
Scope and purpose.
(1)
Policy statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure best management practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
(2)
Purpose. The purpose of this section is to establish minimum
stormwater management requirements and controls for "major development,"
as defined below in Paragraph B.
(3)
(4)
Compatibility with other permit and ordinance requirements.
Development approvals issued pursuant to this section are to be considered
an integral part of development approvals and do not relieve the applicant
of the responsibility to secure required permits or approvals for
activities regulated by any other applicable code, rule, act, or ordinance.
In their interpretation and application, the provisions of this section
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare. This section 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 section imposes restrictions different
from those imposed by any other ordinance, rule or regulation, or
other provision of law, the more restrictive provisions or higher
standards shall control.
B.
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
(1)
(2)
DISTURBANCE
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOODS
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
(1)
(2)
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
(1)
(2)
(3)
(4)
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONES
URBAN REDEVELOPMENT AREA
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions.
For the purpose of this section, the following terms, phrases, words
and their derivations shall have the meanings stated herein unless
their use in the text of this section clearly demonstrates a different
meaning. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number
include the singular number, and words used in the singular number
include the plural number. The word "shall" is always mandatory and
not merely directory. The definitions below are the same as or based
on the corresponding definitions in the Stormwater Management Rules
at N.J.A.C. 7:8-1.2.
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 section.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the Board of County Commissioners
to review municipal stormwater management plans and implementing ordinances.
The county review agency may either be:
The Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission, such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels, the
construction, reconstruction, conversion, structural alteration, relocation
or enlargement of any building or structure, any mining excavation
or landfill, and any use or change in the use of any building or other
structure, or land or extension of use of land, for which permission
is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et
seq.
In the case of development of agricultural land, "development"
means: any activity that requires a state permit, any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
Neighborhoods designated by the Urban Coordinating Council
"in consultation and in conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership, such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual development, as well as multiple developments
that individually or collectively result in the disturbance of one
or more acres of land since February 2, 2004.
"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 result in the disturbance
of one or more acres of land since February 2, 2004. Projects undertaken
by any government agency that otherwise meet the definition of "major
development" but which do not require approval under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major
development."
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, "motor vehicle" does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation, including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part,
design specifications, removal rates, calculation methods, and soil
testing procedures approved by the Department as being capable of
contributing to the achievement of the stormwater management standards
specified in this section. 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 section. Alternative
stormwater management measures, removal rates, or calculation methods
may be utilized, subject to any limitations specified in this section,
provided the design engineer demonstrates to the municipality, in
accordance with Paragraph D(6) of this section and N.J.A.C. 7:8-5.2(g),
that the proposed measure and its design will contribute to achievement
of the design and performance standards established by this section.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, groundwaters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment,
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of these
goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
Previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation."
C.
Design and performance standards for stormwater management measures.
(1)
Stormwater management measures for major development shall be
designed to provide erosion control, groundwater recharge, stormwater
runoff quantity control, and stormwater runoff quality treatment as
follows:
(a)
The minimum 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 at N.J.A.C. 2:90.
(b)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
(2)
The standards in this paragraph apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or water quality
management plan adopted in accordance with Department rules.
D.
Stormwater management requirements for major development.
(1)
The development shall incorporate a maintenance plan for the
stormwater management measures incorporated into the design of a major
development in accordance with Paragraph J.
(2)
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).
(3)
The following linear development projects are exempt from the
groundwater recharge, stormwater runoff quality, and stormwater runoff
quantity requirements of Paragraphs D(16), (17) and (18).
(a)
The construction of an underground utility line, provided that
the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground utility line, provided that
the existing conditions are maintained to the maximum extent practicable;
and
(c)
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)
A waiver from strict compliance from the green infrastructure,
groundwater recharge, stormwater runoff quality, and stormwater runoff
quantity requirements of Paragraphs D(15), (16), (17) and (18) 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:
(a)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(b)
The applicant demonstrates, through an alternatives analysis,
that through the use of stormwater management measures, the option
selected complies with the requirements of Paragraphs D(15), (16),
(17) and (18) to the maximum extent practicable;
(c)
The applicant demonstrates that, in order to meet the requirements
of Paragraphs D(15), (16), (17) and (18), existing structures currently
in use, such as homes and buildings, would need to be condemned; and
(d)
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 Paragraph D(3) above within the upstream drainage
area of the receiving stream, that would provide additional opportunities
to mitigate the requirements of Paragraphs D(15), (16), (17) and (18)
that were not achievable on site.
(5)
Tables 1 through 3 below summarize the ability of stormwater
best management practices identified and described in the New Jersey
Stormwater Best Management Practices Manual to satisfy the green infrastructure,
groundwater recharge, stormwater runoff quality and stormwater runoff
quantity standards specified in Paragraphs D(15), (16), (17) and (18).
When designed in accordance with the most current version of the New
Jersey Stormwater Best Management Practices Manual, the stormwater
management measures found at N.J.A.C. 7:8-5.2(f), Tables 5-1, 5-2
and 5-3, and listed below in Tables 1, 2 and 3, are presumed to be
capable of providing stormwater controls for the design and performance
standards as outlined in the tables below. Upon amendments of the
New Jersey Stormwater Best Management Practices to reflect additions
or deletions of BMPs meeting these standards, or changes in the presumed
performance of BMPs designed in accordance with the New Jersey Stormwater
BMP Manual, the Department shall publish in the New Jersey Registers
a notice of administrative change revising the applicable table. The
most current version of the BMP Manual can be found on the Department's
website at: https://njstormwater.org/bmp_manual2.htm.
(6)
Where the BMP tables in the NJ Stormwater Management Rule are
different due to updates or amendments with the tables in this paragraph,
the BMP Tables in the Stormwater Management Rule at N.J.A.C. 7:8-5.2(f)
shall take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a)(g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60-80
|
No
|
No
|
—
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40-60
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90
|
No
|
No
|
1
|
|
Wet pond
|
50-90
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation
specified at Paragraph D(15)(b).
|
|
(b)
|
Designed to infiltrate into the subsoil.
|
|
(c)
|
Designed with underdrains.
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation.
|
|
(e)
|
Designed with a slope of less than 2%.
|
|
(f)
|
Designed with a slope of equal to or greater than 2%.
|
|
(g)
|
Manufactured treatment devices that meet the definition of "green
infrastructure" at Paragraph B.
|
|
(h)
|
Manufactured treatment devices that do not meet the definition
of "green infrastructure" at Paragraph B.
|
(7)
An alternative stormwater management measure, alternative removal
rate, and/or alternative method to calculate the removal rate may
be used if the design engineer demonstrates the capability of the
proposed alternative stormwater management measure and/or the validity
of the alternative rate or method to the municipality. A copy of any
approved alternative stormwater management measure, alternative removal
rate, and/or alternative method to calculate the removal rate shall
be provided to the Department in accordance with Paragraph D(6). Alternative
stormwater management measures may be used to satisfy the requirements
at Paragraph D(15) only if the measures meet the definition of "green
infrastructure" at Paragraph B. Alternative stormwater management
measures that function in a similar manner to a BMP listed at Paragraph
D(15)(b) are subject to the contributory drainage area limitation
specified at Paragraph D(15)(b) for that similarly functioning BMP.
Alternative stormwater management measures approved in accordance
with this subparagraph that do not function in a similar manner to
any BMP listed at Paragraph D(15)(b) shall have a contributory drainage
area less than or equal to 2.5 acres, except for alternative stormwater
management measures that function similarly to cisterns, grass swales,
green roofs, standard constructed wetlands, vegetative filter strips,
and wet ponds, which are not subject to a contributory drainage area
limitation. Alternative measures that function similarly to standard
constructed wetlands or wet ponds shall not be used for compliance
with the stormwater runoff quality standard unless a variance in accordance
with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance
with Paragraph D(4) is granted from Paragraph D(15).
(8)
Whenever the stormwater management design includes one or more
BMPs that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
(9)
Design standards for stormwater management measures are as follows:
(a)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(b)
Stormwater management measures 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 Paragraph H(3);
(c)
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;
(d)
Stormwater management BMPs shall be designed to meet the minimum
safety standards for stormwater management BMPs at Paragraph H; and
(e)
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of 2 1/2 inches
in diameter.
(10)
Manufactured treatment devices may be used to meet the requirements
of this Paragraph D, provided the pollutant removal rates are verified
by the New Jersey Corporation for Advanced Technology and certified
by the Department. Manufactured treatment devices that do not meet
the definition of "green infrastructure" may be used only under the
circumstances described at Paragraph D(15)(d).
(11)
Any application for a new agricultural development that meets
the definition of "major development" at Paragraph B shall be submitted
to the Soil Conservation District for review and approval in accordance
with the requirements at Paragraphs D(15), (16), (17) and (18) and
any applicable Soil Conservation District guidelines for stormwater
runoff quantity and erosion control. For purposes of this subsection,
"agricultural development" means land uses normally associated with
the production of food, fiber, and livestock for sale. Such uses do
not include the development of land for the processing or sale of
food and the manufacture of agriculturally related products.
(12)
If there is more than one drainage area, the groundwater recharge,
stormwater runoff quality, and stormwater runoff quantity standards
at Paragraphs D(16), (17) and (18) shall be met in each drainage area,
unless the runoff from the drainage areas converge on site and no
adverse environmental impact would occur as a result of compliance
with any one or more of the individual standards being determined
utilizing a weighted average of the results achieved for that individual
standard across the affected drainage areas.
(13)
Any stormwater management measure authorized under the municipal
stormwater management plan or ordinance shall be reflected in a deed
notice recorded in the Morris County Clerk's office. A form of deed
notice shall be submitted to the municipality for approval prior to
filing. The deed notice shall contain a description of the stormwater
management measure(s) used to meet the green infrastructure, groundwater
recharge, stormwater runoff quality, and stormwater runoff quantity
standards at Paragraphs D(15), (16), (17) and (18) and shall identify
the location of the stormwater management measure(s) in NAD 1983 State
Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal
degrees. The deed notice shall also reference the maintenance plan
required to be recorded upon the deed. Prior to the commencement of
construction, proof that the above required deed notice has been filed
shall be submitted to the municipality. Proof that the required information
has been recorded on the deed shall be in the form of either a copy
of the complete recorded document or a receipt from the Clerk or other
proof of recordation provided by the recording office. However, if
the initial proof provided to the municipality is not a copy of the
complete recorded document, a copy of the complete recorded document
shall be provided to the municipality within 180 calendar days of
the authorization granted by the municipality.
(14)
A stormwater management measure approved under the municipal
stormwater management plan or ordinance may be altered or replaced
with the approval of the municipality, if the municipality determines
that the proposed alteration or replacement meets the design and performance
standards pursuant to Paragraph D of this section and provides the
same level of stormwater management as the previously approved stormwater
management measure that is being altered or replaced. If an alteration
or replacement is approved, a revised deed notice shall be submitted
to the municipality for approval and subsequently recorded with the
Morris County Clerk and shall contain a description and location of
the stormwater management measure, as well as reference to the maintenance
plan, in accordance with Paragraph D(13) above. Prior to the commencement
of construction, proof that the above required deed notice has been
filed shall be submitted to the municipality.
(15)
Green infrastructure standards.
(a)
This subparagraph specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards.
(b)
To satisfy the groundwater recharge and stormwater runoff quality
standards at Paragraphs D(16) and (17), the design engineer shall
utilize green infrastructure BMPs identified in Table 1 at Paragraph
D(6) and/or an alternative stormwater management measure approved
in accordance with Paragraph D(7). The following green infrastructure
BMPs are subject to the following maximum contributory drainage area
limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
(c)
To satisfy the stormwater runoff quantity standards at Paragraph
D(18), the design engineer shall utilize BMPs from Table 1 or from
Table 2 and/or an alternative stormwater management measure approved
in accordance with Paragraph D(7).
(d)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver
from strict compliance in accordance with Paragraph D(4) is granted
from the requirements of this subparagraph, then BMPs from Table 1,
2, or 3, and/or an alternative stormwater management measure approved
in accordance with Paragraph D(7) may be used to meet the groundwater
recharge, stormwater runoff quality, and stormwater runoff quantity
standards at Paragraphs D(16), (17) and (18).
(e)
For separate or combined storm sewer improvement projects, such
as sewer separation, undertaken by a government agency or public utility
(for example, a sewerage company), the requirements of this subparagraph
shall only apply to areas owned in fee simple by the government agency
or utility, and areas within a right-of-way or easement held or controlled
by the government agency or utility; the entity shall not be required
to obtain additional property or property rights to fully satisfy
the requirements of this subparagraph. Regardless of the amount of
area of a separate or combined storm sewer improvement project subject
to the green infrastructure requirements of this subparagraph, each
project shall fully comply with the applicable groundwater recharge,
stormwater runoff quality control, and stormwater runoff quantity
standards at Paragraphs D(16), (17) and (18), unless the project is
granted a waiver from strict compliance in accordance with Paragraph
D(4).
(16)
Groundwater recharge standards.
(a)
This subparagraph contains the minimum design and performance
standards for groundwater recharge as follows.
(b)
The design engineer shall, using the assumptions and factors
for stormwater runoff and groundwater recharge calculations at Paragraph
E, either:
[1]
Demonstrate through hydrologic and hydraulic analysis
that the site and its stormwater management measures maintain 100%
of the average annual preconstruction groundwater recharge volume
for the site; or
[2]
Demonstrate through hydrologic and hydraulic analysis
that the increase of stormwater runoff volume from preconstruction
to post-construction for the two-year storm is infiltrated.
(c)
This groundwater recharge requirement does not apply to projects
within the "urban redevelopment area," or to projects subject to Paragraph
D(16)(d) below.
(d)
The following types of stormwater shall not be recharged:
[1]
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
[2]
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.
(17)
Stormwater runoff quality standards.
(a)
This subparagraph contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
(b)
Stormwater management measures shall be designed to reduce the
post-construction load of total suspended solids (TSS) in stormwater
runoff generated from the water quality design storm as follows:
[1]
80% TSS removal of the anticipated load, expressed
as an annual average, shall be achieved for the stormwater runoff
from the net increase of motor vehicle surface.
[2]
If the surface is considered regulated motor vehicle
surface because the water quality treatment for an area of motor vehicle
surface that is currently receiving water quality treatment either
by vegetation or soil, by an existing stormwater management measure,
or by treatment at a wastewater treatment plant is to be modified
or removed, the project shall maintain or increase the existing TSS
removal of the anticipated load expressed as an annual average.
(c)
The requirement to reduce TSS does not apply to any stormwater
runoff in a discharge regulated under a numeric effluent limitation
for TSS imposed under the New Jersey Pollutant Discharge Elimination
System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically
exempt under an NJPDES permit from this requirement. Every major development,
including any that discharge into a combined sewer system, shall comply
with Paragraph D(17)(b) above, unless the major development is itself
subject to an NJPDES permit with a numeric effluent limitation for
TSS or the NJPDES permit to which the major development is subject
exempts the development from a numeric effluent limitation for TSS.
(d)
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
|
Table 4 - Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
(e)
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
|
|
Where:
| ||
|
R
|
=
|
Total TSS percent load removal from application of both BMPs.
|
|
A
|
=
|
The TSS percent removal rate applicable to the first BMP.
|
|
B
|
=
|
The TSS percent removal rate applicable to the second BMP.
|
(f)
Stormwater management measures shall also be designed to reduce,
to the maximum extent feasible, the post-construction nutrient load
of the anticipated load from the developed site in stormwater runoff
generated from the water quality design storm. In achieving reduction
of nutrients to the maximum extent feasible, the design of the site
shall include green infrastructure BMPs that optimize nutrient removal
while still achieving the performance standards in Paragraphs D(16),
(17) and (18).
(g)
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.
(h)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(i)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(j)
These stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
(18)
Stormwater runoff quantity standards.
(a)
This subparagraph contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
(b)
In order to control stormwater runoff quantity impacts, the
design engineer shall, using the assumptions and factors for stormwater
runoff calculations at Paragraph E, complete one of the following:
[1]
Demonstrate through hydrologic and hydraulic analysis
that for stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the preconstruction runoff hydrographs for the same
storm events;
[2]
Demonstrate through hydrologic and hydraulic analysis
that there is no increase, as compared to the preconstruction condition,
in the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
[3]
Design stormwater management measures so that the
post-construction peak runoff rates for the two-, ten- and 100-year
storm events are 50%, 75% and 80%, respectively, of the preconstruction
peak runoff rates. The percentages apply only to the post-construction
stormwater runoff that is attributable to the portion of the site
on which the proposed development or project is to be constructed;
or
[4]
In tidal flood hazard areas, stormwater runoff
quantity analysis in accordance with Paragraph D(18)(b)[1], [2] and
[3] above is required unless the design engineer demonstrates through
hydrologic and hydraulic analysis that the increased volume, change
in timing, or increased rate of the stormwater runoff, or any combination
of the three, will not result in additional flood damage below the
point of discharge of the major development. No analysis is required
if the stormwater is discharged directly into any ocean, bay, inlet,
or the reach of any watercourse between its confluence with an ocean,
bay, or inlet and downstream of the first water control structure.
(c)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
E.
Calculation of stormwater runoff and groundwater recharge.
(1)
Stormwater runoff shall be calculated in accordance with the
following:
(a)
The design engineer shall calculate runoff using one of the
following methods:
[1]
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf, or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
[2]
The Rational Method for peak flow and the Modified
Rational Method for hydrograph computations. The Rational and Modified
Rational Methods are described in "Appendix A-9 Modified Rational
Method" in the Standards for Soil Erosion and Sediment Control in
New Jersey, January 2014. This document is available from the State
Soil Conservation Committee or any of the Soil Conservation Districts
listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone
number for each Soil Conservation District is available from the State
Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey 08625.
The document is also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
(b)
For the purpose of calculating runoff coefficients and groundwater
recharge, there is a presumption that the preconstruction condition
of a site or portion thereof is a wooded land use with good hydrologic
condition. The term "runoff coefficient" applies to both the NRCS
methodology above at Section E(1)(a)[1] and the Rational and Modified
Rational Methods at Section E(1)(a)[2]. 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).
(c)
In computing preconstruction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce preconstruction stormwater runoff rates and volumes.
(d)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
(e)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
(2)
Groundwater recharge may be calculated in accordance with the
following: The New Jersey Geological Survey Report GSR-32, A Method
for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated
herein by reference as amended and supplemented. Information regarding
the methodology is available from the New Jersey Stormwater Best Management
Practices Manual; at the New Jersey Geological Survey website at:
https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New
Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420
Mail Code 29-01, Trenton, New Jersey 08625-0420.
F.
Sources for technical guidance.
(1)
Technical guidance for stormwater management measures can be
found in the documents listed below, which are available to download
from the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(a)
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
(b)
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
(2)
Submissions required for review by the Department should be
mailed to: The Division of Water Quality, New Jersey Department of
Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton,
New Jersey 08625-0420.
G.
Solids and floatable materials control standards.
(1)
Site design features identified under Paragraph D(6) above,
or alternative designs in accordance with Paragraph D(7) above, to
prevent discharge of trash and debris from drainage systems shall
comply with the following standard to control passage of solid and
floatable materials through storm drain inlets. For purposes of this
paragraph, "solid and floatable materials" means sediment, debris,
trash, and other floating, suspended, or settleable solids. For exemptions
to this standard, see Paragraph G(1)(b) below.
(a)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
[1]
The New Jersey Department of Transportation (NJDOT)
bicycle-safe grate, which is described in Chapter 2.4 of the NJDOT
Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines;
or
[2]
A different grate, if each individual clear space
in that grate has an area of no more than 7.0 square inches, or is
no greater than 0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
[3]
For curb-opening inlets, including curb-opening
inlets in combination inlets, the clear space in that curb opening,
or each individual clear space if the curb opening has two or more
clear spaces, shall have an area of no more than 7.0 square inches,
or be no greater than 2.0 inches across the smallest dimension.
(b)
The standard in Paragraph G(1)(a) above does not apply:
[1]
Where each individual clear space in the curb opening
in existing curb-opening inlet does not have an area of more than
9.0 square inches;
[2]
Where the municipality agrees that the standards
would cause inadequate hydraulic performance that could not practicably
be overcome by using additional or larger storm drain inlets;
[3]
Where flows from the water quality design storm
as specified in N.J.A.C. 7:8 are conveyed through any device (e.g.,
end of pipe netting facility, manufactured treatment device, or a
catch basin hood) that is designed, at a minimum, to prevent delivery
of all solid and floatable materials that could not pass through one
of the following:
[a]
A rectangular space 4.625 inches long and 1.5 inches
wide (this option does not apply for outfall netting facilities);
or
[b]
A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle-safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 5:21-7.4(b)1].
[4]
Where flows are conveyed through a trash rack that
has parallel bars with one-inch spacing between the bars, to the elevation
of the water quality design storm as specified in N.J.A.C. 7:8; or
[5]
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.
H.
Safety standards for stormwater management basins.
(1)
This paragraph sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This paragraph applies to any new stormwater management BMP.
(2)
The provisions of this paragraph are not intended to preempt
more stringent municipal or county safety requirements for new or
existing stormwater management BMPs. Municipal and county stormwater
management plans and ordinances may, pursuant to their authority,
require existing stormwater management BMPs to be retrofitted to meet
one or more of the safety standards in Paragraphs H(3)(a), (b) and
(c) for trash racks, overflow grates, and escape provisions at outlet
structures.
(3)
Requirements for trash racks, overflow grates and escape provisions.
(a)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the stormwater management
BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
[1]
The trash rack shall have parallel bars, with no
greater than six-inch spacing between the bars;
[2]
The trash rack shall be designed so as not to adversely
affect the hydraulic performance of the outlet pipe or structure;
[3]
The average velocity of flow through a clean trash
rack is not to exceed 2.5 feet per second under the full range of
stage and discharge. Velocity is to be computed on the basis of the
net area of opening through the rack; and
[4]
The trash rack shall be constructed of rigid, durable,
and corrosion-resistant material and designed to withstand a perpendicular
live loading of 300 pounds per square foot.
(b)
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
such grate shall meet the following requirements:
[1]
The overflow grate shall be secured to the outlet
structure but removable for emergencies and maintenance.
[2]
The overflow grate spacing shall be no less than
two inches across the smallest dimension.
[3]
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.
(c)
Stormwater management BMPs shall include escape provisions as
follows:
[1]
If a stormwater management BMP has an outlet structure,
escape provisions shall be incorporated in or on the structure. Escape
provisions include the installation of permanent ladders, steps, rungs,
or other features that provide easily accessible means of egress from
stormwater management BMPs. With the prior approval of the municipality
pursuant to Paragraph H(3), a freestanding outlet structure may be
exempted from this requirement;
[2]
Safety ledges shall be constructed on the slopes
of all new stormwater management BMPs having a permanent pool of water
deeper than 2 1/2 feet. Safety ledges shall be comprised of two
steps. Each step shall be four to six feet in width. One step shall
be located approximately 2 1/2 feet below the permanent water
surface, and the second step shall be located one to 1 1/2 feet
above the permanent water surface. See Paragraph H(5) for an illustration
of safety ledges in a stormwater management BMP; and
[3]
In new stormwater management BMPs, the maximum
interior slope for an earthen dam, embankment, or berm shall not be
steeper than three horizontal to one vertical.
(4)
Variance or exemption from safety standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
(5)
Safety ledge illustration.
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Elevation View - Basin Safety Ledge Configuration
 |
I.
Requirements for a site development stormwater plan.
(1)
Submission of site development stormwater plan.
(a)
Whenever an applicant seeks municipal approval of a development
subject to this section, the applicant shall submit all of the required
components of the checklist for the site development stormwater plan
at Paragraph I(3) below as part of the submission of the application
for approval.
(b)
The applicant shall demonstrate that the project meets the standards
set forth in this section.
(c)
The applicant shall submit three copies of the materials listed
in the checklist for site development stormwater plans in accordance
with Paragraph I(3) of this section.
(2)
Site development stormwater plan approval. The applicant's site
development project shall be reviewed as a part of the review process
by the municipal board or official from which municipal approval is
sought. That municipal board or official shall consult the municipality's
review engineer to determine if all of the checklist requirements
have been satisfied and to determine if the project meets the standards
set forth in this section.
(3)
Submission of site development stormwater plan. 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 inch equals 200 feet or greater, showing two-foot
contour intervals. The map, as appropriate, may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
(b)
Environmental site analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
(c)
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings, roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
(d)
Land use planning and source control plan. This plan shall provide
a demonstration of how the goals and standards of Paragraphs C through
E 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 disturbed, paved or built upon,
proposed surface contours, land area to be occupied by the stormwater
management facilities and the type of vegetation thereon, and details
of the proposed plan to control and dispose of stormwater.
[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 predevelopment and post-development conditions for the design
storms specified in Paragraph D of this section.
[2]
When the proposed stormwater management control
measures depend on the hydrologic properties of soils or require certain
separation from the seasonal high water table, then a soils report
shall be submitted. The soils report shall be based on on-site boring
logs or soil pit profiles. The number and location of required soil
borings or soil pits shall be determined based on what is needed to
determine the suitability and distribution of soils present at the
location of the control measure.
(g)
Maintenance and repair plan. The design and planning of the
stormwater management facility shall meet the maintenance requirements
of Paragraph J.
(h)
Waiver from submission requirements. The municipal official
or board reviewing an application under this section may, in consultation
with the municipality's review engineer, waive submission of any of
the requirements in Paragraphs I(3)(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.
J.
Maintenance and repair.
(1)
Applicability. Projects subject to review as in Paragraph A(3)
of this section shall comply with the requirements of Paragraph J(2).
(2)
General maintenance.
(a)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(b)
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
(c)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
(d)
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
(e)
If the party responsible for maintenance identified under Paragraph
J(2)(c) above is not a public agency, the maintenance plan and any
future revisions based on Paragraph J(2)(g) below shall be recorded
upon the deed of record for each property on which the maintenance
described in the maintenance plan must be undertaken.
(f)
Preventative and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.) of the stormwater management measure,
including, but not limited to, repairs or replacement to the structure;
removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of nonvegetated linings.
(g)
The party responsible for maintenance identified under Paragraph
J(2)(c) above shall perform all of the following requirements:
[1]
Maintain a detailed log of all preventative and
corrective maintenance for the structural stormwater management measures
incorporated into the design of the development, including a record
of all inspections and copies of all maintenance-related work orders;
[2]
Evaluate the effectiveness of the maintenance plan
at least once per year and adjust the plan and the deed as needed;
and
[3]
Retain and make available, upon request by any
public entity with administrative, health, environmental, or safety
authority over the site, the maintenance plan and the documentation
required by Paragraphs J(2)(f) and (g) above.
(h)
The requirements of Paragraphs J(2)(c) and (d) do not apply
to stormwater management facilities that are dedicated to and accepted
by the municipality or another governmental agency, subject to all
applicable municipal stormwater general permit conditions, as issued
by the Department. If the municipality chooses not to accept the facilities,
the developer shall be required to post a two-year maintenance guarantee
in accordance with N.J.S.A. 40:55D-53. Maintenance and inspection
guidance can be found on the Department's website at: https://www.njstormwater.org/maintenance_guidance.htm.
(i)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the Municipal Engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or county may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
(j)
Nothing in this subparagraph 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.
