Township of East Brunswick, NJ Design and Performance Standards Applicable to All Development

The plan shall indicate all tree(s) to be removed, specifically by an assigned number, and the caliper of each tree.

[Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No. 96-6]

The plan shall indicate all tree(s) to remain, specifically by an assigned number.

[Amended 3-11-96 by Ord. No. 96-6]

The plan shall indicate a limit of disturbance line (i.e., where the four foot high standard wood snow fence will be erected).

[Amended 3-11-96 by Ord. No. 96-6]

For any clearing greater than two acres a representative five (5%) percent of the wooded areas proposed to be cleared shall be inventoried. The representative 5% shall be determined by agreement between the Director of the Department of Planning and Engineering or his/her designee and the applicant. Where less than two acres is proposed to be cleared all trees to be removed shall be inventoried.

[Added 3-11-96 by Ord. No. 96-6]

(5)

All trees greater than twenty (20) inches in caliper or any specimen trees (i.e., any unique or remarkable tree or species) to be removed shall be indicated on the plan.

[Added 3-11-96 by Ord. No. 96-6]

Any other information which may reasonably be required to enable the application to be properly evaluated.

Exemptions. The following properties and uses shall be exempt from the requirements of obtaining a tree removal permit and the provisions of this code:

[Added 5-24-10 by Ord. No. 10-14; amended 5-24-2021 by Ord. No. 21-12]

Any property under a woodland management plan provided the woodland management plan is on file and certified by the local tax assessor.

Public entities, local utilities, local, county, state and federal authorities maintaining property, easements or rights-of-way in the normal course of business or as required by state and federal regulations.

The removal of individual tree limbs or branches as long as the habit and viability of the tree remains.

Where an application is made in connection with the construction of a building or other improvement, no building permit shall be issued until the tree removal permit has been granted.

[Amended 3-11-96 by Ord. No. 96-6]

Existing Residential Property. If the application is for an existing residential dwelling or a homeowners association and discloses that the total number of trees to be removed or destroyed on the property or open space area in question, and those which are the subject of the application, is ten (10) or less, the permit may be issued without replacement trees required. Within a one year period permits may be issued for removal of no more than ten (10) trees on the same property without replacement trees being required. Any tree removal occurring where a homeowners association exists must obtain approval by the ruling body of the association prior to obtaining a tree removal permit.

[Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No. 96-6

New Residential Development.

If the application is for a new residential development (subdivisions), up to fifty (50%) percent of the trees may be removed for the purpose of clearing for the building envelope, driveways and yard space for the building lots only without replacement trees required.

[Amended 3-11-96 by Ord. No. 96-6]

For new residential development where tree removal is to occur within public or private roadways/right-of-ways, drainage facilities, parking areas or proposed open space all trees are subject to replacement in accordance with this section of the ordinance.

[Added 3-11-96 by Ord. No. 96-6]

Agricultural Operations. Agricultural operations are exempt from replacement requirements providing the property in question is farmed for a minimum of five (5) years after the date of clearing. An application must be submitted prior to clearing. If the property is developed for any other use before the five (5) years expires, the replacement obligation will be enforced according to the new use of the property.

[Amended 5-10-93 by Ord. No. 93-22]

Nonresidential Development.

All commercial and industrial developments are required to replace all trees removed in accordance with this section of the ordinance.

Inspection Required.

A representative of the Department of Planning and Engineering shall inspect the trees which are the subject of the application, the drainage, and other physical conditions existing on the property, and on adjacent properties.

No hazardous trees shall be permitted to remain on a property beyond completion of a project and/or the release of a performance bond. An inspection of replacement trees and removal of potentially hazardous, dead or dying vegetation will be required prior to the issuance of a certificate of occupancy or release of a performance bond.

[Amended 5-24-10 by Ord. No. 10-14]

Tree Escrow Fund Established.

A Tree Escrow Fund shall be established by the Township to promote environmental enhancement programs such as tree planting, tree preservation, park development, landscaping and/or other related projects on or within Municipally owned properties or facilities. A separate trust account shall be established for this purpose. Appropriations from the Tree Escrow Fund shall be authorized by the Mayor and Council and shall be used for a municipal purpose through the recommendation of the Department of Planning and Engineering.

[Added 3-11-96 by Ord. No. 96-6]

Replacement Tree Value Calculations.

The replacement value of all trees to be removed where replacement trees are required by this ordinance shall be calculated as follows:

[Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No. 96-6; 5-24-10 by Ord. No. 10-14]

Dead and diseased trees are not counted as trees to be replaced. The value of proposed shade, ornamental, evergreen and shrub material shall be deducted from the calculated amount for replacement trees. The value of the proposed landscape material shall be calculated based upon average area costs for plant material.

Trees to be Removed	Replacement Trees
Caliper	$/Tree
greater than 6" up to 12"	$250.00
greater than 12" up to 18"	$500.00
greater than 18" up to 24"	$750.00
greater than 24"	$1,000.00

The applicant will receive a one for one replacement tree credit should stands of ten (10) or more trees greater than 6 inches in caliper be preserved within tree removal areas.

[Added 3-11-96 by Ord. No. 96-6; amended 5-24-10 by Ord. No. 10-14]

Should the value of the trees to be removed be greater than the material value of the proposed landscaping then the outstanding balance shall be provided with additional shade tree plantings on site unless one (1) or more of the following conditions exist

[Amended 3-11-96 by Ord. No. 96-6]:

The site in question can not physically accommodate the total replacement amount of trees. The applicant shall contribute an amount equal to the calculated monetary value of removed trees minus the value of the proposed landscaping to the Township Tree Escrow Fund.

[Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No. 96-6]

The Department of Planning and Engineering determines that the installation of additional multilevel plant material (i.e., canopy trees, understory trees, shrubs, and ground covers) will increase leaf area, and therefore be more beneficial in terms of photosynthetic production, the total dollar amount for the replacement of the removed trees can be applied to this method, subject to final approval by the Township. This method of replacement is to be implemented as an additional supplement to the landscape plan.

[Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No. 96-6]

Fees.

Upon application for a tree removal permit, the applicant shall be charged the following fees:

[Added 5-10-93 by Ord. No. 93-22; amended 5-24-10 by Ord. No. 10-14; 5-24-2021 by Ord. No. 21-12]

For existing single-family homes: $10 per tree.

For new residential building lots: $25 per tree up to a maximum of $1,000 per lot.

For all other properties: $25 per tree up to a maximum of $2,000 for each acre.

Time Limit.

All tree removal permits shall be limited to one (1) year from date of issuance. If the approved tree removal has not occurred within one (1) year a new permit must be applied for and is subject to the payment of new fees.

[Added 5-10-93 by Ord. No. 93-22]

Violation.

Failure to obtain a valid tree removal permit or after proper delineation of clearing limits and the placement of the tree protection barrier in accordance with this Chapter any additional tree disturbance occurs, the developer or property owner shall be required to replace any tree removed improperly based on the following schedule

[Amended 3-11-96 by Ord. No. 96-6; 5-24-10 by Ord. No. 10-14]

The developer shall provide and install in accordance with Township standards one (1) additional 2 1/2 inch caliper/12-14 foot tall acceptable shade tree balled and burlapped for each 1 inch diameter of the tree unnecessarily removed.

At the developer's option, a 4-6 inch caliper new shade tree may be provided and installed at a ratio of 1 new tree per 4 inches of diameter of the tree unnecessarily removed. All material must be guaranteed for one year at time of planting.

Penalties.

Any person violating any of the provisions of this section or failing to perform in accordance with the terms of the Planning Board/Zoning Board approval, or the terms of the tree removal permit shall be subject to the penalties provided in Chapter 1, General Provisions, Art. I, with provisions of fines of up to one thousand ($1,000) dollars per day for each offense. A violation of any of the terms of this chapter shall be abated within five (5) days after written notice has been served, either by certified mail or personal service. Each day that a violation continues thereafter shall constitute a separate offense. Violations and penalties will be enforced by the Director of the Department of Planning and Engineering or by his/her designee.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

In addition to other remedies, the Building Inspector or other proper municipal official may institute any appropriate legal action to prevent a continuing violation of the terms of this chapter.

§ 192-39 Lighting.

[Amended 11-24-2014 by Ord. No. 14-13]

Required.

Lighting shall be located along streets, access drives, parking areas, sidewalks, pedestrian paths, at intersections, and where various types of circulation systems merge, intersect or split. Pathways, sidewalks, and trails shall be lit. Stairways, walkways and sloping or rising paths require illumination, as do building entrances and exits.

Style.

The style of light fixture and appurtenance shall be consistent with the style and type of the architecture of the buildings. LED or other energy efficient lighting shall be used when feasible.

Height.

Mounting height shall not exceed the height of the building or twenty-five (25) feet, whichever is less.

Standards.

Distribution of lighting shall be even throughout the site. All lighting shall be designed to provide a minimum of 0.50 footcandles and an average of 0.75 footcandles throughout all vehicular and pedestrian areas. Spillage of light from a property may be no greater than 0.1 footcandles. All lighting must be directed into the site. All lighting shall be provided by stanchion mounted fixtures or bollards and serviced underground. Building mounted fixtures, where the light source is visible, are prohibited.

Manufacturer's Specifications.

The manufacturer and manufacturer's number of all proposed fixtures must be shown on the plans.

Detail Required.

A detail of the proposed light fixture and pole shall be incorporated on the plan.

Isofootcandles Plotted.

A point by point lighting analysis with a maximum grid of ten (10') foot by ten (10') foot shall be provided on a lighting plan indicating footcandle levels of existing and proposed lighting.

§ 192-40 Loading Areas.

Required.

Truck loading and unloading areas shall be provided in sufficient amount to permit the transfer of goods and products in other than a public street or public parking area and shall be adequately screened from the view of adjoining properties or streets.

Exclusive of Off-Street Parking.

Loading spaces shall be provided as an addition to off-street parking spaces and shall not be considered as off-street parking spaces.

Size.

Loading spaces shall be at least 15 feet wide and 60 feet in length.

§ 192-41 Monuments.

Monuments shall be of the size and shape required by N.J.R.S. 46:23-9.11 and shall be placed in accordance with the statute. In addition, all additional property corners shall be set with iron pins.

§ 192-42 Open Space.

Deed Restrictions.

Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the Board attorney that ensure that:

The open space area will not be further subdivided in the future.

The use of the open space will continue in perpetuity for the purpose specified.

Appropriate provisions are made for the maintenance of the open space.

Common open space shall not be turned into a commercial enterprise admitting the general public at a fee.

§ 192-43 Parking.

[Amended 6-10-92 by Ord. No. 92-20; 8-25-97 by Ord. No. 97-25; 11-24-14 by Ord. No. 14-13]

For residential development these standards are superseded by Residential Site Improvement Standards (N.J.A.C., Title 5, Chapter 21).

Angle of Stalls.

The angle of stalls shall be in accordance with the requirements specified below. The preferred angle of stall is ninety degrees.

Size of Stalls.

Each off-street parking space shall be nine feet wide by eighteen (9 x 18) feet in length. Each parallel parking space must be a minimum of 8 feet wide by twenty two (8' x 22') feet in length.

Aisle Width.

The width of all aisles providing direct access to individual parking stalls shall be in accordance with the requirements specified below.

Parking Angle (degrees)	Aisle Width (feet)
45	18
60	18
75	22
90	24

Driveway Width.

The driveway to a parking lot access aisle shall be a minimum width of eighteen (18) feet for a one way aisle, and twenty-four (24) feet for a two way aisle.

Curbing.

The perimeter of all parking areas and internal islands shall have continuous concrete curbing with a six inch face or an alternative approved by the Township Engineer. Concrete wheel stops are prohibited. The curb returns for all parking areas shall have a minimum of five (5) foot radius.

Striping.

All parking spaces shall be marked with four-inch white lines painted in a hairpin design. The hairpin shall have a minimum width of 12 inches from the center line of each stripe, and the parking space shall have a minimum width of nine feet between the center line of adjoining hairpins.

[Amended 7-12-2021 by Ord. No. 21-18]

Back-up Areas.

Back up areas with a minimum depth of five feet shall be provided in all parking lots where there are dead-end aisles.

Overhang.

Where sidewalks occur in parking areas, an additional two feet of sidewalk shall be provided in order to accommodate parked vehicles overhanging or extending over the sidewalk.

Barrier Free Parking Spaces.

[Amended 6-10-92 by Ord. No. 92-20]

Size.

Such spaces shall be in accordance with the Americans with Disabilities Act. (See standard detail on file in the Department of Planning and Engineering.)

Access.

Access shall be provided in accordance with the Americans with Disabilities Act. Curb ramps shall be provided between the parking area and adjoining sidewalks.

Markings.

Each space shall be identified with a clearly visible sign displaying the international symbol of access and the following wording: "These spaces reserved for physically handicapped drivers." In addition penalty plates are required.

Pavement Specifications.

Pavement for parking lots shall have a minimum of four (4) inches bituminous stabilized base and two (2) inches bituminous surface course of material in conformance with N.J.D.O.T. Standard Specification for Road and Bridge Constructions in effect at the time of construction placed upon a subbase approved by the Township Engineer.

For industrial sites and areas subject to truck traffic the pavement shall have a minimum of five (5) inches bituminous stabilized base and two (2) inches bituminous surface course of material in conformance with N.J.D.O.T. Standard Specification for Road and Bridge Constructions in effect at the time of construction placed upon a subbase approved by the Township Engineer.

§ 192-44 Public Utilities.

[Amended 8-25-97 by Ord. No. 97-25]

For residential development these standards are superseded by Residential Site Improvement Standards (N.J.A.C., Title 5, Chapter 21).

Required.

All public services shall be connected to approved public utility systems where they exist.

Underground Installation.

The developer shall arrange with the servicing utility for the underground installation of the utility's distribution supply lines and service connections. The connections shall be in accordance with the provisions of the applicable standard terms 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.

Written Instrument Required, existing overhead lines.

The developer shall submit to the approving authority, prior to the granting of approval, a written instrument from each serving utility which shall evidence full compliance with the provisions of this section; provided, however, lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from those overhead lines, but the service connections from the utilities' overhead lines shall be installed underground. In the case of existing overhead utilities, should a road widening or an extension of service or other such condition occur as a result of the development, any replacement, relocation or extension of existing overhead lines shall be underground.

Screening.

Where natural foliage is not sufficient to provide year-round screening of any utility apparatus appearing above the surface of the ground, other than utility poles, the applicant shall provide sufficient fencing and/or live screening to conceal such apparatus year-round.

Exemption.

Any installation under this section to be performed by a servicing utility shall be exempt from the requirement of performance guaranties, but shall be subject to inspection and certification.

§ 192-45 Retaining Walls.

Retaining walls installed in slope control areas shall be constructed of reinforced concrete or other reinforced masonry or of other construction acceptable to the Township Engineer and adequately designed and detailed on the plans to carry all earth pressure, including any expected surcharges. Timber retaining structures will not be permitted within the right-of-way of public roads. All proposed retaining walls over four (4) feet in height shall require calculations to support the design of such walls prepared and certified by a Professional Engineer. All such calculations shall be submitted to the Township Engineer.

§ 192-46 Screening of Equipment.

Required.

When the effective operation of a building or structure, or equipment within a building or structure, necessitates placing machinery, motors, generators or similar devices for cooling, heating or generating purposes, outside of or on top of any structure, they shall be screened from public view. Screening shall be at least as high as the object being screened. Screening may consist of the following:

Densely planted evergreen shrubs, or approved equal.

A solid and uniform fence on all sides of said equipment with suitable landscaping to accent the structure.

A masonry wall on four (4) sides of said equipment with suitable landscaping to accent the structure.

Extensions of parapet walls or mansard roof lines or structural or ornamental screens or baffles, or

Any similar type of solid or uniform screening, which will prevent exposure of such equipment to public view.

Maintenance Opening.

The above requirements shall not be construed to prevent an opening in any required screening for maintenance purposes. However, any such opening shall be made as inconspicuous as is possible so as not to present any unsightly display of said equipment to public view.

§ 192-47 Sewage Collection and Disposal Systems.

[Amended 8-25-97 by Ord. No. 97-25; 9-27-10 by Ord. No. 10-22]

For residential development these standards are superseded by Residential Site Improvement Standards (N.J.A.C., Title 5, Chapter 21).

Sanitary sewers shall not be required in that portion of the municipality known as the Septic System Management Area.

In all areas of the municipality other than the Septic System Management Area, sanitary sewers shall be installed and shall be connected to an existing municipal sewage system. All sewers shall be designed to handle all present and probable future development in the area, and the plans and specifications shall be approved by the East Brunswick Sewer Utility prior to the issuance of any building permits. No sewage disposal system, other than the municipal system referred to herein, shall be permitted.

[Amended 9-27-10 by Ord. No. 10-22]

§ 192-48 Shade Trees.

[Amended 5-10-93 by Ord. No. 93-22]

Required.

Shade trees shall be planted and maintained by the developer. The number, type and location of shade trees shall be determined by the township. A listing of acceptable shade/street trees is on file with the Department of Planning and Engineering. Prior to any planting a test pit shall be dug to determine the perc rate and soil conditions.

[Amended 5-10-93 by Ord. No. 93-22]

Location.

Street trees shall be installed on both sides of all streets in accordance with the approved landscape plan. Trees shall either be massed at critical points or spaced evenly along the street, or both as approved by the approving authority. No tree shall be planted within 72" of the curb or sidewalk and unless authorized shall not be planted in the Township R.O.W.

Spacing.

When trees are planted at predetermined intervals along streets, spacing shall depend on tree size as follows:

Tree Size (height in feet)	Planting Interval (in feet)
Large trees (40+)	50
Medium-sized trees (30-40)	40
Small trees (to 30)	30

When the spacing interval exceeds 40 feet, small ornamental trees can be spaced between the larger trees. If a street canopy effect is desired, trees may be planted closer together, following the recommendations of the Township Landscape Architect. The trees shall be planted so as not to interfere with utilities, roadways, sidewalks, sight easements, or street lights.

Planting Specifications.

All trees shall be placed in a proper manner and in a good grade of backfill, according to accepted horticultural standards.

All shade trees shall be watered weekly through the first growing season. The developer shall construct a six (6) inch deep earth saucer around each tree to hold water and fill with a suitable mulch. Trees shall be nursery grown, insect and disease free, balled and biodegradable burlap, pruned and shaped, of the required height and planted according to acceptable horticultural standards. Shade trees shall be of substantially uniform size and shape and shall have straight trunks. Ornamental trees need not have straight trunks only at the direction of the Township Landscape Architect. All trees shall be planted according to nursery standards.

A hole in which a tree is to be planted shall be in each case, a minimum of one-third (1/3) larger in width and in depth than the existing root ball of the particular tree to be planted. The hole for a tree to be planted shall contain proper amounts of topsoil and peat moss. When determined by the Department of Planning and Engineering that a soil test indicates special needs the planting requirements will be modified as a condition of board approval.

Planting Procedure.

The following tree planting procedure shall be followed:

Excavations shall not be less than thirty (30) inches deep and thirty (30) inches in diameter. A suitable area shall be provided by loosening the soil to a depth of 12" below the excavation. Planting soil shall be typically composed of a thorough mixture of one part peat, one part humus, one part of parent soil, all mixed thoroughly (unless soil tests indicate special requirements to be determined by Planning and Engineering staff).

Each tree shall be given a minimum of twenty (20) gallons of water at the time of planting.

Trees shall be staked with three (3) stakes driven a minimum of two (2) feet into undisturbed soil outside the planting hole. Stakes when driven shall be one-half to two-thirds (1/2 to 2/3) the height of the tree measured from ground level. Stakes shall be two (2) inches in diameter, minimum, at the narrowest end. Stakes shall be placed in line with prevailing winds. Stakes shall be attached to the tree with twelve-gauge galvanized wire covered with rubber or plastic hose where wire is likely to come in contact with the tree trunk. An alternate may be any of the commercially available materials designed for staking trees upon approval of the Township. The loop in contact with the tree shall be loose enough to permit growth and prevent grinding and girdling for two (2) years but shall be tightly bound to the stake to prevent slipping.

[Amended 5-10-93 by Ord. No. 93-22]

Upon completion, removal of all planting debris is required. The area must be left in a neat and orderly condition in accordance with good and acceptable planting practices.

Notice shall be given to the Township Landscape Architect or designee three days prior to the start of planting so the stock may be inspected for variety, condition, size and quality.

§ 192-49 Sidewalks, Walkways, Pedestrian Walks.

[Amended 8-25-97 by Ord. No. 97-25]

For residential development these standards are superseded by Residential Site Improvement Standards (N.J.A.C., Title 5, Chapter 21).

Required.

Sidewalks and curbs shall be constructed and installed on both sides of each street in accordance with specifications promulgated by the Department of Planning and Engineering.

Barrier Free Access.

At such points of intersection between sidewalks and streets as the Township Engineer shall decide, the sidewalk shall be constructed so as to slope gradually, to street level, at a gradient of not more than one (1) foot in twelve (12) feet, wherever possible, so as to provide ramp access for handicapped persons between the sidewalk and the street. The curb depression shall be a minimum width of three (3) feet. Construction shall be in accordance with standards prescribed by the New Jersey Department of Transportation.

Width.

Sidewalks shall be at least four (4) feet wide. When the Approving Authority determines that a sidewalk may be subject to unusually heavy pedestrian traffic or intended equally for bicycles it may require that its width be increased to either six (6) or eight (8) feet. In parking areas where sidewalks about the curb and cars overhang the sidewalk area, the sidewalk shall be widened by two (2) feet.

Materials.

Sidewalks shall be constructed of concrete or brick material, as determined by the approving authority.

Concrete Specifications.

Materials shall conform to the N.J.D.O.T. Standard Specifications for Road and Bridge Construction in effect at the time of construction.

Other Materials.

Other material specifications shall be approved by the Township Engineer.

Subgrade.

The sidewalk subgrade shall be a six inch thick granular soil material approved by the Township Engineer and compacted prior to the placement of any sidewalk as directed by the Township Engineer.

Sidewalk Location.

In residential developments, sidewalks shall be placed in the right-of-way, parallel to the street, unless an exception has been permitted to preserve topographical or natural features, or to provide visual interest, or unless the applicant shows that an alternative pedestrian system provides safe and convenient circulation.

In planned developments and cluster developments, sidewalks may be located away from the road system to link dwelling units with other dwelling units, the street, and on-site activity centers such as parking areas and recreational areas. They may also be required parallel to the street for safety and other reasons.

Pedestrian Easements.

Pedestrian way easements ten (10) feet wide may be required by the Approving Authority through the center of blocks to provide circulation or access to schools, playgrounds, shopping, or other community facilities.

§ 192-50 Sight Easements.

[Amended 8-25-97 by Ord. No. 97-25]

For residential development these standards are superseded by Residential Site Improvement Standards (N.J.A.C., Title 5, Chapter 21).

Required.

Sight easements shall be provided at each quadrant of an intersection of streets or streets and driveways and shall be shown on the plan. Any development requiring site plan or subdivision approval shall provide adequate sight easements at each driveway with the driveway classified as a local street for purposes of establishing distances.

Dedicated; easement.

The area within sight easement shall be kept as part of the lot and identified as a sight easement. The wording of the sight easement shall be subject to the review and approval of the Board Attorney.

Clearance.

No grading, planting or structure shall be erected or maintained higher than thirty (30) inches above the center-line grade of the intersecting street or driveway or lower than ten (10) feet above their center lines, excluding street name signs and official traffic regulation signs. Where any intersection involves earth banks or vegetation, including trees, the developer shall trim or selectively thin trees and grade to provide adequate sight distance. Within these sight easements, plantings should be restricted to low spreading varieties of plants and shrubs.

Area.

The sight easement is that area bounded by the intersecting street center lines and a straight line which connects sight points located on each of the two (2) intersecting street center lines. The sight easement distances shall be in accordance with A Policy on Geometric Design of Highways and Streets 1984 by American Association of State Highway and Transportation Officials.

Lot Area.

Portions of a lot set aside for the sight easement may be calculated in determining the lot area and may be included in establishing the minimum setbacks required by the zoning provisions.

§ 192-51 Soil Erosion and Sediment Control.

All applications shall comply with the standards for Soil Erosion & Sediment Control in New Jersey by the New Jersey State Soil Conservation Committee. All plans shall incorporate soil erosion and sediment control programs phased according to the scheduled progress of the development, including anticipated starting and completion dates. The purpose is to control soil erosion and sediment damages and related environmental damage by requiring adequate provisions for surface water retention and drainage and for the protection of exposed soil surfaces in order to promote the public health, safety, convenience and general welfare of the community. If no board approval or Freehold Soil Conservation Service approval is required the applicant shall submit a plan conforming to all aspects of this section.

General Design Principles.

Control measures shall apply to all aspects of the proposed land disturbances and shall be in operation during all stages of the disturbance activity. The following principles shall apply to the soil erosion and sediment control plan:

Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.

Whenever feasible, natural vegetation shall be retained and protected.

The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.

Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbances.

Drainage provisions shall accommodate increased runoff resulting from modified soil and surface conditions during and after development or land disturbance.

Water runoff shall be minimized and retained on site wherever possible to facilitate groundwater recharge.

Sediment shall be retained on site.

Diversions, sediment basins and similar required structures shall be installed prior to any on-site grading or land disturbance.

All lots where fill material is deposited shall have clean fill and/or topsoil deposited which shall be graded to allow complete surface draining of the lot into local storm sewer systems or natural drainage courses. No regrading of a lot shall be permitted which would create or aggravate water stagnation or a drainage problem on site or on adjacent properties. Grading shall be limited to areas shown on an approved site plan or subdivision. Any topsoil disturbed during approved excavation and grading operations shall be redistributed throughout the site.

Excavation of soil other than as required for the construction of approved structures and supporting facilities, such as but not limited to streets, driveways and parking areas, shall be prohibited. Regrading of property so as to redistribute topsoil throughout the site from areas excavated shall be done to minimize or eliminate the erosion of soil.

Maintenance.

All erosion and sediment control measures installed shall be maintained for one (1) year after completion of the improvements or until such measures are permanently stabilized as determined by the Township Engineer, whichever is longer.

§ 192-52 Solid Waste & Recyclable Storage & Disposal.

[Amended 12-13-93 by Ord. No. 93-74]

Required.

Solid wastes and recyclables, if stored outdoors, shall be placed in metal receptacles within a screened refuse area in accordance with the standard details on file in the Department of Planning and Engineering and subject to the following minimum standards:

The screened refuse area shall not be located within any front yard area.

The refuse storage area shall be surrounded on all sides. All commercial and industrial refuse storage area facilities shall be constructed of masonry material. All refuse storage areas shall contain swinging cedar gates and address the need for storage of recyclables. The height of the storage receptacle and stored refuse shall not exceed the height of the refuse storage area.

A five (5) foot minimum width landscaping area shall be provided along the fence or wall enclosing the refuse storage area. The landscaping to be provided shall be shown on the site plan submitted for approval. The planting shall be placed so at maturity the plants do not encroach upon the refuse container, nor result in an opening less than ten (10) feet for vehicle access.

The opening in the enclosed refuse area should be located to minimize the view of refuse from adjoining properties or public streets.

If located within or adjacent to a parking area or access drive, the enclosed refuse area shall be separated from such parking areas or access drive by curbing.

The enclosed refuse area shall not be located so as to interfere with traffic circulation or the parking of vehicles.

All refuse and recyclables shall be deposited in containers maintained within the refuse area. No containers shall be maintained anywhere on a site except in a refuse area meeting these requirements.

If outdoor storage of solid waste and recyclables is not proposed, the site plan submission shall detail the methods proposed for accommodating solid waste within the structure. The Approving Authority may require that a suitable area be set aside, but not improved, for a future solid waste storage area meeting these requirements even if indoor accommodations for solid waste are proposed.

Multifamily Housing Developments.

[Added 12-13-93 by Ord. No. 93-74]

In any new multifamily housing development an indoor or outdoor recycling area for the collection and storage of residentially-generated recyclable materials shall be provided. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the municipal recycling coordinator, and shall be consistent with the district recycling plan adopted pursuant to section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and any applicable requirements of the municipal master plan, adopted pursuant to section 26 of P.L. 1987, c. 102.

The recycling area shall be conveniently located for the residential disposition of source separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.

The recycling area shall be well lit, and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.

The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recyclable area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.

Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

Screening shall be provided in accordance with 192-52A above around any outdoor recycling area.

§ 192-53 Stormwater Control.

[Amended 8-25-97 by Ord. No. 97-25; 2-27-06 by Ord. No. 06-05; 7-20-09 by Ord. No. 09-16; 7-20-09 by Ord. No. 09-16; 4-12-2021 by Ord. No. 21-09]

Scope and purpose.

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.

Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection B.

Applicability.

This section shall be applicable to the following major developments:

Nonresidential major developments; and

CAFRA CENTERS, CORES OR NODES

Aspects of residential major developments that are not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21.

This section shall also be applicable to all major developments undertaken by East Brunswick Township.

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 ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

Definitions applicable to the stormwater control ordinance. 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.

Those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.

CAFRA PLANNING MAP

The map used by the Department to identify the location of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes. The CAFRA Planning Map is available on the Department's Geographic Information System (GIS).

COMMUNITY BASIN

An infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this section.

COMPACTION

The increase in soil bulk density.

CONTRIBUTORY DRAINAGE AREA

The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.

CORE

A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY

An agency designated by the Middlesex County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:

A county planning agency; or

A county water resource association created under N.J.S.A 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

DEPARTMENT

The Department of Environmental Protection.

DESIGN ENGINEER

A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

DESIGNATED CENTER

A State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural land, "development" means any activity that requires a state permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A 4:1C-1 et seq.

DISTURBANCE

The placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.

DRAINAGE AREA

A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.

EMPOWERMENT NEIGHBORHOODS

Neighborhoods designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.

ENVIRONMENTALLY CONSTRAINED AREA

The following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

ENVIRONMENTALLY CRITICAL AREA

An area or feature which is of significant environmental value, including but not limited to stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and wellhead protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

GREEN INFRASTRUCTURE

A stormwater management measure that manages stormwater close to its source by:

Treating stormwater runoff through infiltration into subsoil;

Treating stormwater runoff through filtration by vegetation or soil; or

Storing stormwater runoff for reuse.

HUC 14 or HYDROLOGIC UNIT CODE 14

An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

IMPERVIOUS SURFACE

A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

INFILTRATION

The process by which water seeps into the soil from precipitation.

LEAD PLANNING AGENCY

One or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.

MAJOR DEVELOPMENT

An individual development, as well as multiple developments, that individually or collectively result in:

The disturbance of 1/4 or more acres of land since February 2, 2004;

The creation of 1/4 acre or more of regulated impervious surface since February 2, 2004;

The creation of 1/4 acre or more of regulated motor vehicle surface since March 2, 2021; or

A combination of Subsections 1b and c above that totals an area of 1/4 acre or more. The same surface shall not be counted twice when determining if the combination area equals 1/4 acre or more.

Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection 1a, b, c or d above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major development.

MOTOR VEHICLE

Land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low-speed vehicles. For the purposes of this definition, motor vehicle does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.

MOTOR VEHICLE SURFACE

Any pervious or impervious surface that is intended to be used by "motor vehicles" and/or aircraft, and is directly exposed to precipitation including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.

MUNICIPALITY

East Brunswick Township.

NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL

The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this 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 Subsection D6 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.

NODE

An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

NUTRIENT

A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERSON

Any individual, corporation, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, groundwaters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

RECHARGE

The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

REGULATED IMPERVIOUS SURFACE

Any of the following, alone or in combination:

A 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.

REGULATED MOTOR VEHICLE SURFACE

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.

SEDIMENT

Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

SITE

The lot or lots upon which a major development is to occur or has occurred.

SOIL

All unconsolidated mineral and organic material of any origin.

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)

An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the State's future redevelopment and revitalization efforts.

STATE PLAN POLICY MAP

The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.

STORMWATER

Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

STORMWATER MANAGEMENT BMP

An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE

Any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.

STORMWATER MANAGEMENT PLANNING AGENCY

A public body authorized by legislation to prepare stormwater management plans.

STORMWATER MANAGEMENT PLANNING AREA

The geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.

STORMWATER RUNOFF

Water flow on the surface of the ground or in storm sewers, resulting from precipitation.

TIDAL FLOOD HAZARD AREA

A flood hazard area in which the flood elevation resulting from the two-, ten-, or 100-year storm, as applicable, is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent of the storm surge from a particular storm event, a flood hazard area may be tidal in the 100-year storm, but fluvial in more frequent storm events.

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD

A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.

URBAN ENTERPRISE ZONES

A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et seq.

URBAN REDEVELOPMENT AREA

Previously developed portions of areas:

Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;

Designated as CAFRA Centers, Cores or Nodes;

Designated as Urban Enterprise Zones; and

Designated as Urban Coordinating Council Empowerment Neighborhoods.

WATER CONTROL STRUCTURE

A structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.

WATERS OF THE STATE

The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLANDS or WETLAND

An area that is inundated or saturated by surface water or 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."

Design and performance standards for stormwater management measures.

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:

The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.

The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.

The standards in this section apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or water quality management plan adopted in accordance with Department rules.

Stormwater management requirements for major development.

The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection J.

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).

The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D16 to 18.

The construction of an underground utility line provided that the disturbed areas are revegetated upon completion;

The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable; and

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.

A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D15 to 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:

The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;

The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of Subsection D15 to 18 to the maximum extent practicable;

The applicant demonstrates that, in order to meet the requirements of Subsection D15 to 18, existing structures currently in use, such as homes and buildings, would need to be condemned; and

The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D4c above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection D15 to 18 that were not achievable on site.

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 Subsection D15 to 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.

Where the BMP tables in the New Jersey Stormwater Management Rules are different due to updates or amendments with the tables in this section, the BMP Tables in the Stormwater Management Rules 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 to 80	No	No	—

(Notes corresponding to annotations ^(a) through ^(g) are found on the bottom of Table 3.)

Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Bioretention system	80 or 90	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Infiltration basin	80	Yes	Yes	2
Sand filter^(b)	80	Yes	Yes	2
Standard constructed wetland	90	Yes	No	N/A
Wet pond^(d)	50-90	Yes	No	N/A

(Notes corresponding to annotations ^(b) through ^(d) are found on the bottom of Table 3.)

Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate (percent)	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Blue roof	0	Yes	No	N/A
Extended detention basin	40 to 60	Yes	No	1
Manufactured treatment device^(h)	50 or 80	No	No	Dependent upon the device
Sand filter^(c)	80	Yes	No	1
Subsurface gravel wetland	90	No	No	1
Wet pond	50 to 90	Yes	No	N/A

Notes to Tables 1, 2, and 3:
(a)	Subject to the applicable contributory drainage area limitation specified at Subsection D15b.
(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 Subsection B.
(h)	Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B.

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 Subsection F2. Alternative stormwater management measures may be used to satisfy the requirements at Subsection D15 only if the measures meet the definition of "green infrastructure" at Subsection B. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection D15b are subject to the contributory drainage area limitation specified at Subsection D15b for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection D15b 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 Subsection D4 is granted from Subsection D15.

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.

Design standards for stormwater management measures are as follows:

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);

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 one-third the width of the diameter of the orifice or one-third 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 Subsection H3;

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;

Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection H; and

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 section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B may be used only under the circumstances described at Subsection D15d.

11.

Any application for a new agricultural development that meets the definition of "major development" at Subsection B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection D15 to 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 Subsection D15 to 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 Middlesex 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 Subsection D15 to 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 pursuant to Subsection J2e. 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 Subsection 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 Middlesex County Clerks Office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection D13 above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection D13 above.

15.

Green infrastructure standards.

This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.

To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection D16 to 17, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection D6 and/or an alternative stormwater management measure approved in accordance with Subsection D7. 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

To satisfy the stormwater runoff quantity standards at Subsection D18, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Subsection D7.

If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D4 is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection D7 may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D16 to 18.

For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection D16 to 18, unless the project is granted a waiver from strict compliance in accordance with Subsection D4.

16.

Groundwater recharge standards.

This subsection contains the minimum design and performance standards for groundwater recharge as follows.

The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:

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

Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from preconstruction to postconstruction for the two-year storm is infiltrated.

This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection D16d below.

The following types of stormwater shall not be recharged:

Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with Department-approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and

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.

This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of one-quarter acre or more of regulated motor vehicle surface.

Stormwater management measures shall be designed to reduce the postconstruction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:

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.

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.

The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection D17b above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.

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

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.

Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the postconstruction 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 Subsection D16 to 18.

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.

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.

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 postconstruction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.

This stormwater runoff quality standards do not apply to the construction of one individual single-family dwelling, provided that it is not part of a larger development or subdivision that has received preliminary or final site plan approval prior to December 3, 2018, and that the motor vehicle surfaces are made of permeable material(s) such as gravel, dirt, and/or shells.

18.

Stormwater runoff quantity standards.

This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.

In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection E, complete one of the following:

Demonstrate through hydrologic and hydraulic analysis that, for stormwater leaving the site, postconstruction 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;

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;

Design stormwater management measures so that the postconstruction 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 postconstruction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or

In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection D18b(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.

The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.

Calculation of stormwater runoff and groundwater recharge.

Stormwater runoff shall be calculated in accordance with the following:

The design engineer shall calculate runoff using one of the following methods:

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/stelprdb10441 71.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or

The Rational Method for peak flow and the Modified Rational Method for hydrograph computations. The rational and modified rational methods are described in "Appendix A-9 Modified Rational Method" in the Standards for Soil Erosion and Sediment Control in New Jersey, January 2014. This document is available from the State Soil Conservation Committee or any of the Soil Conservation Districts listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number for each Soil Conservation District is available from the State Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625. The document is also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionCont rolStandardsComplete.pdf.

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 Subsection E1a(1) and the Rational and Modified Rational Methods at Subsection E1a(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 have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

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.

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.

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.

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.

Sources for technical guidance.

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.

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.

Additional maintenance guidance is available on the Department's website at https://www.njstormwater.org/maintenance guidance.htm.

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.

Solids and floatable materials control standards.

Site design features identified under Subsection D6 above, or alternative designs in accordance with Subsection D7 above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection G1b below.

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:

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

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.

(a)

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.

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.

The standard in Subsection G1a above does not apply:

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;

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;

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.

(c)

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].

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.

Safety standards for stormwater management basins.

This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.

The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection H3a, b and c for trash racks, overflow grates, and escape provisions at outlet structures.

Requirements for trash racks, overflow grates and escape provisions.

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:

The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;

The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;

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

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.

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:

The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.

The overflow grate spacing shall be no less than two inches across the smallest dimension.

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.

Stormwater management BMPs shall include escape provisions as follows:

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 Subsection H3, a freestanding outlet structure may be exempted from this requirement;

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 feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See Subsection H5 for an illustration of safety ledges in a stormwater management BMP; and

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.

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 East Brunswick Township that the variance or exemption will not constitute a threat to public safety.

Safety ledge illustration.

Elevation View -Basin Safety Ledge Configuration

Requirements for a site development stormwater plan.

Submission of site development stormwater plan.

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 Subsection I3 below as part of the submission of the application for approval.

The applicant shall demonstrate that the project meets the standards set forth in this section.

The applicant shall submit 14 copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection I3 of this section.

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.

Submission of site development stormwater plan. The following information shall be required:

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.

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.

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.

Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections 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.

Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

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.

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.

Calculations.

Comprehensive hydrologic and hydraulic design calculations for the predevelopment and postdevelopment conditions for the design storms specified in Subsection D of this section.

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.

Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J.

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 Subsection I3a 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.

Maintenance and repair.

Applicability. Projects subject to review as in Subsection A3 of this section shall comply with the requirements of Subsection J2 and 3.

General maintenance.

The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.

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 New Jersey BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.

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.

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.

If the party responsible for maintenance identified under Subsection J2c above is not a public agency, the maintenance plan and any future revisions based on Subsection J2g below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

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.

The party responsible for maintenance identified under Subsection J2c above shall perform all of the following requirements:

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;

Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and

Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection J2f and g above.

The requirements of Subsection J2c 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.

A two-year maintenance guarantee in accordance with N.J.S.A. 40:55D-53 shall be required to be posted for all stormwater management facilities that are not dedicated to the Township of East Brunswick or other governmental agency.