Borough of Manasquan, NJ
Monmouth County
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Table of Contents
Table of Contents
[1972 Code § 95-1; Ord. No. 1098]
This chapter shall be known and may be cited as the "Land Subdivision Regulations of the Borough of Manasquan."
[1972 Code § 95-2; Ord. No. 1098]
The purpose of this chapter shall be to provide rules, regulations and standards to guide land subdivision in the Borough of Manasquan, in order to promote the public health, safety, convenience and general welfare of the municipality. It shall be administered to ensure the orderly growth and development, the conservation, protection and proper use of land and adequate provision for circulation, utilities and services.
[1972 Code § 95-3; Ord. No. 1098]
The approval provisions of this chapter shall be administered by the Planning Board of the Borough of Manasquan in accordance with Chapter 291 of the Laws of New Jersey 1975.[1]
[1]
Editor's Note: N.J.S.A. 40:55D-1 et seq.
[1972 Code § 95-4; Ord. No. 1098]
The rules, regulations and standards set forth in this chapter shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough. Any action taken by the Planning Board under the terms of this chapter shall give primary consideration to such matters and to the welfare of the entire community. However, if the applicant can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of this chapter is impracticable or will exact undue hardship, the Planning Board may permit such variances as may be reasonable, within the general purpose and intent of the rules, regulations and standards established by this chapter.
[1972 Code § 95-5; Ord. No. 1098]
No development permit or development certificate of occupancy shall be issued unless all improvements required by this chapter have been installed, except as noted in Section 32-6.
[1972 Code § 95-6; Ord. No. 1098]
a. 
A development permit or development certificate of occupancy may be issued if all improvements have been installed except the finish course of the road and the Borough Engineer warrants that completion of the road is in the Borough's interest after the subdivider has completed construction of dwellings and structures. The maintenance guaranty required hereafter shall not begin until the finish course has been installed.
b. 
The Planning Board may also authorize the issuance of a temporary certificate or permit if the following improvements have been bonded but not yet installed: landscaping, sidewalks or other similar improvements. Prior to the issuance of more than 50% of the development certificates of occupancy for a subdivision, all improvements shall have been constructed or installed.
[1972 Code § 95-7; Ord. No. 1098; Ord. No. 1940-04 § 1]
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Shall mean a developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
Shall mean the application form and all accompanying documents required by ordinance for the approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit.
APPROVING AUTHORITY
Shall mean the Planning Board of the municipality, unless a different agency is designated by this chapter or State Statute.
CURB GRADE
Shall mean the established elevation of the curb in front of the building, measured at the center of such front. Where no curb grade has been established, the Borough shall establish such curb level or its equivalent for the purpose of this chapter.
DEVELOPER
Shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other persons having an enforceable proprietary interest in such land.
DEVELOPMENT
Shall mean 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 other structure or of 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 may be required pursuant to this act.
DRAINAGE RIGHT-OF-WAY
Shall mean the lands required for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
FINAL APPROVAL
Shall mean the official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion, or approval conditioned upon the posting of such guaranties.
FINAL PLAT
Shall mean the final map of all or a portion of the subdivision which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper County Recording Officer.
GRADE
Shall mean a reference plan representing the average of finished ground level adjoining the building at all exterior walls.
LOT
Shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA
Shall mean the completed area contained within the lot lines, but not including any street rights-of-way.
LOT FRONTAGE
Shall mean the distance measured along the major street line of a lot when the sidelines of the lot are at right angles to the street; and when the side lines are not at right angles to the street, the distance shall be measured across said lot at right angles to either side line, provided that the width of a lot shall not be less than the minimum frontage required for the particular zone in which the lot is located.
LOT LINE, FRONT
Shall mean the line separating the lot from a street.
LOT LINE, REAR
Shall mean the lot line or lines opposite the most distant from the front lot line.
LOT WIDTH
Shall mean the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
LOT, CORNER
Shall mean a lot bounded by two or more streets at their intersection.
LOT, DEPTH
Shall mean the main distance between the front and rear lot lines measured in the general direction of the side lines of the lot.
LOT, INTERIOR
Shall mean any lot other than a comer lot.
LOT, IRREGULAR
Shall mean any lot in the shape of a rectangle.
MAJOR SUBDIVISION
Shall mean all subdivisions not classified as minor subdivision.
MASTER PLAN
Shall mean a composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Section 19 of Chapter 291 of the Laws of 1975.[1]
MINOR SUBDIVISION
Shall mean a subdivision of land that does not involve the creation of more than two lots fronting on an existing street; planned development; any new street; or extension of any off-tract improvement and that does not adversely affect the development of the remainder of the parcel or adjoining property.
OFFICIAL MAP
Shall mean a map adopted in accordance with Article 5 of Chapter 291 of the Laws of 1975.[2]
OWNER
Shall mean any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this chapter.
PERFORMANCE GUARANTY
Shall mean any security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board or other approving body approves a plat, including performance bonds, escrow agreements and other similar collateral or surety agreements.
PLANNED UNIT DEVELOPMENT
Shall mean an area of land, controlled by a landowner, to be developed as a single entity for a number of specified uses, the plan for which does not correspond in lot size, bulk or type of dwelling or commercial use, density, lot coverage and required open space to the regulations established in any one or more districts created in the Zoning Ordinance.[3]
PLANNING BOARD
Shall mean the Planning Board established pursuant to Chapter 291 of the New Jersey Public Laws of 1975.[4]
PLAT
Shall mean a map or maps of a subdivision.
PRELIMINARY PLAN
Shall mean the preliminary map indicating the proposed layout of the subdivision.
SKETCH PLAT
Shall mean the sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of subsection 32-13.1a of this chapter.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing State, County or municipal roadway; which is shown upon a plat heretofore approved pursuant to law; which is approved by official action as provided by this act; or which is shown on a plat duly filed and recorded in the Office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, "streets" shall be classified as follows:
a. 
shall mean those which are used primarily for fast or heavy traffic.
b. 
shall mean those which carry traffic from minor streets to the major system or arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
c. 
shall mean those which are used primarily for access to the abutting properties.
d. 
shall mean minor ways which are used primarily for vehicular service access to the back or side of properties otherwise abutting on a street.
SUBDIVIDER
Shall mean any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.
SUBDIVISION
Shall mean the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this act if no new streets are created: divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five acres or larger in size; divisions of property by testmentary or intestate provisions; divisions of property upon Court order; and conveyances so as to combine existing lots by deed or other instrument. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION COMMITTEE
Shall mean a committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of classifying subdivisions in accordance with the provisions of this chapter and such other duties relating to land subdivision which may be conferred on this Committee by the Board.
VARIANCE
Shall mean permission to depart from the literal requirements of this chapter pursuant to the conditions set forth in Section 32-4.
WETLANDS
Shall mean coastal marshlands designated as wetlands pursuant to the Wetlands Act of 1970 (P.L. 1970, c. 272, N.J.S.A. 13:9A-1 et seq.).
[1]
Editor's Note: See N.J.S.A. 40:55D-28.
[2]
Editor's Note: See N.J.S.A. 40:55D-32 et seq.
[3]
Editor's Note: See Chapter 35, Zoning.
[4]
Editor's Note: N.J.S.A. 40:55D-1 et seq.
[1972 Code § 95-8; Ord. No. 1098]
Any applicant wishing to subdivide or resubdivide land within the Borough of Manasquan shall apply for and obtain the approval of the Planning Board in accordance with the following procedure. The applicant or his agent shall appear at all regular meetings of the Planning Board wherever the application is being considered. Failure to appear shall give the Planning Board the right to postpone action on the application for that particular meeting if applicant's or his agent's absence deprives the Planning Board of information necessary to make a decision.
[1972 Code § 95-9; Ord. No. 1098; Ord. No. 2180-15]
a. 
Applicants for subdivision approval may attend a preapplication conference prior to submitting any application for subdivision. The fee for a preapplication conference shall be as stated in Chapter 16, Fees. The conference shall be designed to assist applicants in the expeditious processing of all applications and to provide for a mutual exchange of information. Applicants shall be informed of special problems or proposals relating to a particular site.
b. 
Brief minutes of the preapplication conference shall be kept and distributed to all Planning Board members.
[1972 Code § 95-10; Ord. No. 1098; Ord. No. 1226]
An applicant for the subdivision of land shall submit to the Secretary of the Planning Board an application for subdivision, the required application fee as specified herein, 10 copies of a sketch plat and other engineering documents of the proposed subdivision at least 21 days prior to a regular meeting of the Planning Board.
[1972 Code § 95-11; Ord. No. 1098]
The Planning Board or its Secretary shall determine if the application is complete and, if not, inform the applicant of any deficiencies. The Planning Board shall review the plat prior to the Planning Board meeting and classify it as a minor or major subdivision. Subdivisions failing to receive a unanimous vote as a minor exempt subdivision shall be considered a major subdivision. No plat shall be classified as a minor subdivision if it results in any remaining lands capable of being resubdivided into one or more building lots. If classified and approved as a minor subdivision, a notation to that effect will be made on the sketch plat.
[1972 Code § 95-12; Ord. No. 1098]
a. 
If classified as a minor subdivision, two copies of the plat shall be retained by the Board, and copies of the plat shall be forwarded to the following for review and comment:
1. 
Borough Engineer.
2. 
County Planning Board.
3. 
Borough Health Officer.
4. 
Borough Building Inspector or Zoning Officer.
5. 
Borough Tax Assessor.
6. 
Borough Tax Collector.
7. 
Environmental Commission.
8. 
Borough Shade Tree Commission.
b. 
The applicant shall be responsible for forwarding copies of all plats and required exhibits to the County Planning Board and should furnish a receipt indicating the delivery to the Borough and County Planning Board.
[1972 Code § 95-13; Ord. No. 1098]
Minor subdivision approvals shall be granted or denied by the Planning Board within 45 days of the date of submission of a complete application to the Planning Board Secretary or within such further time as may be consented to by the applicant. The Planning Board shall not approve or conditionally approve the minor subdivision prior to receipt of comments by the above agencies or officials until 30 days has elapsed from referral without any comments. If approved, a notation to that effect shall be made on the plat, and it shall be signed by the Planning Board Chairman and the Planning Board Secretary and returned to the subdivider within one week following the next regular meeting of the Planning Board. If rejected, the reasons for rejection shall be noted on all copies of the application form, one of which shall be returned to the applicant. The Planning Board may attach conditions of approval to any minor subdivision.
[1972 Code § 95-14; Ord. No. 1098]
If approved as a minor subdivision, a plat drawn in compliance with Chapter 141 of the Laws of 1960 or a deed clearly describing the approved minor subdivision stamped or signed and dated by the Planning Board Chairman and Secretary shall be filed with the County Recording Officer within 190 days from the date of approval. Failure to file within 190 days shall void the subdivision approval.[1]
[1]
Editor's Note: N.J.S.A. 46:23-9.9.
[1972 Code § 95-15; Ord. No. 1098]
Any lands, lots or parcels resulting from a minor subdivision shall not be resubmitted as a minor subdivision.
[1972 Code § 95-16; Ord. No. 1098]
Before the Planning Board Secretary returns any approved minor subdivision to the subdivider, the applicant shall provide the Secretary with a certificate of filing from the County Clerk's Office. The Secretary shall distribute copies of the approved subdivision to the agencies listed in subsection 32-8.5a.
[1972 Code § 95-17; Ord. No. 1098]
The granting of minor subdivision approval shall guarantee that the zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided herein.
[1972 Code § 95-18; Ord. No. 1098; Ord. No. 1226]
At least 10 black-on-white prints of the preliminary plat, together with three completed application forms for preliminary approval, and all fees shall be submitted to the Planning Board Secretary 21 days prior to the Planning Board meeting at which consideration is desired.
[1972 Code § 95-19; Ord. No. 1098]
The following exhibits shall be filed with all preliminary plats:
a. 
Two copies of an affidavit of ownership or a letter from the owner authorizing submission of the plat.
b. 
Two copies of a letter of intent stating the following information, if known:
1. 
Type of structure(s) to be erected.
2. 
Approximate date of start of construction.
3. 
Priority of construction (point or location), if appropriate.
4. 
A tentative section plan for the entire subdivision indicating all facilities, including the estimated number of lots on which final approval will be requested for the first section.
5. 
Other information as may be required by this chapter.
[1972 Code § 95-20; Ord. No. 1098]
a. 
Copies of the preliminary plat and exhibits shall be forwarded immediately upon receipt to the following persons or agencies:
1. 
Borough Engineer.
2. 
Borough Health Officer.
3. 
Borough Building Inspector or Zoning Officer.
4. 
County Planning Board.
5. 
Environmental Commission.
6. 
Borough Tax Collector.
7. 
Borough Tax Assessor.
8. 
Borough Shade Tree Commission.
b. 
The applicant shall be responsible for forwarding all preliminary plans and exhibits to the County Planning Board and other required agencies set forth hereunder.
[1972 Code § 95-21; Ord. No. 1098]
The officials and agencies shall forward their views and recommendations in writing to the Planning Board within 30 days from the receipt of the plat. The preliminary plat should be referred to the Subdivision Committee for review and recommendations. The Planning Board may recommend certain changes based on its review and the comments of other officials and agencies. A full report of all meetings, recommendations and discussions shall be forwarded to the Planning Board within 30 days after receipt of the plat by the Committee. If the application is found to be deficient, the applicant shall be notified within 45 days of submission, and such notification shall constitute a rejection of the application.
[1972 Code § 95-22; Ord. No. 1098]
After all comments have been received or after 30 days have elapsed and after the applicant has revised the plat to meet required changes, the Planning Board shall, after a review of the plat and if all requirements are met and the application is complete, set the date for the public hearing and shall notify the subdivider of such date.
[1972 Code § 95-23; Ord. No. 1098; Ord. No. 2180-15]
The applicant shall give notice to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property that is the subject of the hearing, by serving a copy thereof on each such owner or his agent in charge of the property or by mailing a copy thereof by certified mail to each such owner at his address as shown on the tax duplicate. Notice to a partnership owner may be given to any partner, and notice to a corporate owner may be given to its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. The Tax Assessor shall, within seven days after written request by applicant, make and certify a list from the current tax duplicate of the names and addresses of the property owners entitled to notice as aforesaid, and a fee as stated in Chapter 16, Fees, shall be charged for the list. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding.
[1972 Code § 95-24; Ord. No. 1098]
The notice shall state the date, time and place of the hearing, the nature of the matters to be considered and the location and times at which any maps and documents proposed or for which approval is sought are available in the Office of the Planning Board Secretary. In addition, the notice shall contain an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Assessor's Office. Also, notice of any application shall include reference to all requests made in conjunction therewith.
[1972 Code § 95-25; Ord. No. 1098]
The applicant shall also cause notice of the hearing to be published in the official newspaper or a newspaper of general circulation in the municipality at least 10 days prior to the hearing.
[1972 Code § 95-26; Ord. No. 1098]
Notice shall also be given by personal service or certified mail to the Clerk of any adjoining municipality for an application involving property located within 200 feet of such municipality.
[1972 Code § 95-27; Ord. No. 1098]
Notice shall also be given by personal service or certified mail to the County Planning Board for development of property adjacent to an existing County road or a proposed road shown on the Official County Map or County Master Plan or property adjoining other County land or property situated within 200 feet of a municipal boundary.
[1972 Code § 95-28; Ord. No. 1098]
Notice shall also be given by personal service or certified mail to the Commissioner of Transportation in cases of applications for development of property adjacent to a State highway.
[1972 Code § 95-29; Ord. No. 1098]
The following shall be submitted to the Planning Board by the applicant:
a. 
Notice and Proof of Publication. Proof of compliance with this section shall be done by affidavit of the applicant duly supported by proof of publication from the newspaper used to advertise the hearing.
b. 
Affidavit. Affidavit of notice of public hearing to persons and agencies served, giving a list of the names, addresses and lot and block numbers of owners so notified, how served, date of service and a copy of the notice and mail receipt.
[1972 Code § 95-30; Ord. No. 1098]
Preliminary approval shall be granted or denied on applications to the Planning Board for a major subdivision of 10 or fewer lots within 45 days, and for a major subdivision of more than 10 lots within 95 days, after the date of submission of a complete application to the Secretary of the Planning Board or within such further time as may be consented to by the applicant.
[1972 Code § 95-31; Ord. No. 1098]
a. 
The Planning Board shall act on the plat within the applicable time period set forth in this chapter. Failure of the Planning Board to act within the applicable time period or within a time extension mutually agreed upon shall be considered an approval. If the Planning Board disapproves a plat, the reasons for the disapproval shall be communicated in writing to the applicant within 10 days of the date of the decision and advertised as required by this chapter. No action shall be taken until receipt of County Planning Board review or until 30 days have elapsed from date of referral to the County Board.
b. 
If substantial changes or amendments are required, such as changes to the drainage and circulation pattern, lot configuration or number of lots, as a result of the public hearing or of the Planning Board deliberations, the applicant may be required to resubmit the plat for preliminary approval.
[1972 Code § 95-32; Ord. No. 1098]
a. 
The Planning Board shall approve, conditionally approve or reject the application. Approval or conditional approval confers upon the applicant the following rights for a three-year period from the date of approval or conditional approval:
1. 
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements, except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
2. 
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat.
b. 
If either the Planning Board or County Planning Board disapproves a plat, the reason for disapproval shall be remedied prior to further consideration. If approval is required by any other officer or public body, the same procedure as applies to submission to and approval by the County Planning Board shall apply. The Planning Board may grant conditional approval subject to the subsequent approval of other officers or public bodies.
[1972 Code § 95-33; Ord. No. 1098]
The applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
[1972 Code § 95-34; Ord. No. 1098]
Whenever review or approval of any application by the County Planning Board is required by Section 5 or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3, 40:27-6.6), the municipal agency shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or upon County Planning Board approval by default for failure to report thereon within the required time period.
[1972 Code § 95-35; Ord. No. 1098]
Each decision of a municipal agency on any subdivision application shall be in writing and shall include findings of fact and conclusions based thereon.
[1972 Code § 95-36; Ord. No. 1098]
A copy of each decision shall be mailed by the Planning Board, within 10 days after the date of decision, to the applicant or, if represented, then to his attorney, without separate charge, and to all others upon request, for a reasonable fee.
[1972 Code § 95-37; Ord. No. 1098]
A copy of each decision shall also be filed by the municipal agency in the Office of the Planning Board Secretary, who shall make a copy of the filed decision available to any interested party for a reasonable fee and available for public inspection at his office during reasonable hours.
[1972 Code § 95-36; Ord. No. 1098]
A brief notice of each decision shall be published by the Planning Board Secretary, and the municipality may make a reasonable charge for such publication. The applicant also may cause such publication to be made if he so desires. The time for approval from the decision shall run from the first publication, whether made by the administrative officer or the applicant.
[1972 Code § 95-39; Ord. No. 1098; Ord. No. 1226]
a. 
The final plat shall be submitted to the Planning Board for final approval within three years from the date of preliminary plan approval or within such extension as provided herein. One original tracing, one translucent cloth copy, two cloth prints and 10 black and white prints with three copies of an application for final approval and the appropriate fees as required in subsection 32-21.1 herein shall be submitted to the Secretary of the Planning Board at least 21 days prior to the regular meeting of the Planning Board.
b. 
Unless the preliminary plat was approved without changes, the final plat shall have incorporated all changes or modifications required by the Planning Board, including conditions of preliminary approval. The applicant shall submit an affidavit indicating no changes or those changes noted.
[1972 Code § 95-40; Ord. No. 1098; New]
The following exhibits shall accompany the application for final approval, in addition to any other exhibits that may have been required by the Board as a condition of final approval:
a. 
Borough Engineer. A letter from the Borough Engineer indicating:
1. 
The Engineer is in receipt of a map showing all utilities in exact location and elevation, identifying those portions already installed and those to be installed.
2. 
The subdivider has either completed the installation of all improvements in accordance with the requirements of this chapter or posted with the Municipal Clerk a performance guaranty in an amount sufficient to cover the cost of all improvements herein or incompleted portions thereof as estimated by the Borough Engineer, assuring the installation of such improvements on or before an agreed date.
3. 
All items and amounts required for the corporate surety maintenance guaranty.
4. 
The final plat conforms to the preliminary plat as submitted and approved.
b. 
Tax Collector. A letter from the Tax Collector indicating that all taxes and assessments for local improvements have been paid to date on the property.
c. 
Clerk.
1. 
A letter from the Municipal Clerk indicating that the amount, form and content of the maintenance guaranty have been accepted by the Governing Body.
2. 
A letter from the Chief Financial Officer, where appropriate, pursuant to this chapter, indicating that monies as provided therein have been paid to the Borough as reimbursement for engineering inspection costs of improvement construction or installation incurred since preliminary approval.
[1972 Code § 95-41; Ord. No. 1098; New]
Copies of the final plat shall be distributed to the following:
a. 
Municipal Clerk.
b. 
Borough Engineer.
c. 
Borough Building Inspector.
d. 
Borough Tax Assessor.
e. 
County Planning Board.
f. 
Borough Fire Inspector.
g. 
Monmouth County Health Department.
h. 
Other municipal or County agencies or authorities as may be required.
[1972 Code § 95-42; Ord. No. 1098]
Final approval of major subdivisions shall be granted or denied on applications made to the Planning Board within 45 days after the date of submission of a complete application to the Secretary of the Planning Board or within such further time as may be consented to by the applicant. If the Planning Board approves the final plat, a notation to that effect shall be made on each plat, signed by the Chairman and Secretary of the Planning Board. Failure of the Planning Board to act within the allotted time or a mutually agreed upon extension shall be deemed to be favorable approval and the Municipal Clerk shall issue a certificate to that effect.
[1972 Code § 95-43; Ord. No. 1098]
Any plat which requires County Planning Board approval pursuant to N.J.S.A. 40:27-6.2 shall be forwarded to the County Planning Board for its action. The Planning Board may grant final approval subject to approval by the County Planning Board as provided in subsection 32-10.17.
[1972 Code § 95-44; Ord. No. 1098]
The final plat approval shall be filed by the subdivider with the County Recording Officer within 95 days from the date of such approval. If any final plat is not filed within that period, the approval shall expire. For good cause, the Planning Board may extend the time for the filing of the plat for an additional period not to exceed 95 days. No plat shall be accepted for filing by the Clerk of the County of Monmouth unless it has been duly approved by the Borough of Manasquan Planning Board and signed by its Chairman and Secretary.
[1972 Code § 95-45; Ord. No. 1098]
The granting of final approval shall guarantee to the applicant that the zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that these rights shall expire if the plat has not been duly recorded within the prescribed time period.
[1972 Code § 95-46; Ord. No. 1098]
If the developer has followed the standards prescribed for final approval and has duly recorded the plat as required by this chapter, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.
[1972 Code § 95-47; Ord. No. 1098]
Each decision of a municipal agency on any subdivision application shall be in writing and shall include findings of fact and conclusions based thereon.
[1972 Code § 95-48; Ord. No. 1098]
A copy of each decision shall be mailed by the Planning Board agency, within 10 days after the date of decision, to the applicant or, if represented, then to his attorney, without separate charges, and to all others upon request, for a reasonable fee.
[1972 Code § 95-49; Ord. No. 1098]
A copy of each decision shall also be filed by the municipal agency in the Office of the Planning Board Secretary, who shall make a copy of the filed decision available to any interested party for a reasonable fee and available for public inspection at his office during reasonable hours.
[1972 Code § 95-50; Ord. No. 1098]
A brief notice of each decision shall be published by the Planning Board Secretary, and the municipality may make a reasonable charge for such publication. The applicant also may cause such publication to be made if he so desires. The time for appeal from the decision shall run from the first publication, whether made by the administrative officer or the applicant.
[1972 Code § 95-51; Ord. No. 1098]
a. 
Sketch Plat. The sketch plat shall be based on Tax Map information or some other similarly accurate base at a scale (preferable not less than 100 feet to the inch) to enable the entire tract to be shown on one sheet and shall show or include the following information:
1. 
The location of that portion which is to be subdivided in relation to the entire tract.
2. 
All existing structures and wooded areas within the portion to be subdivided and within 200 feet thereof.
3. 
The name of the owner and all adjoining property owners as disclosed by the most recent municipal tax records.
4. 
The Tax Map sheet, block and lot numbers.
5. 
All streets or roads and streams within 500 feet of the subdivision.
b. 
Preliminary Plat. The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary plats shall be designated and drawn by a licensed (New Jersey) land surveyor. The plat shall be designed in compliance with the provisions of subsection 32-10.1 of this chapter and shall show or be accompanied by the following information:
1. 
A key map showing the entire subdivision and its relation to surrounding areas.
2. 
The tract name; Tax Map sheet, block and lot number; date; reference meridian; graphic scale; and the following names and addresses:
(a) 
Name and address of record owner or owners.
(b) 
Name and address of the subdivider.
(c) 
Name and address of person who prepared map, with official designation.
3. 
Acreage of tract to be subdivided to nearest 1/10 of an acre.
4. 
Sufficient elevations or contours to determine the general slope and natural drainage of the land and the high and low points and tentative cross sections and center-line profiles for all proposed new streets, including any necessary drainage.
5. 
The location of existing and proposed property lines, streets, buildings, watercourses, railroads, bridges, culverts, drainpipes and any natural features such as wooded areas, rock formations and wetlands.
6. 
Plans of proposed utility layouts (sewers, storm drains, water, gas and electricity), showing feasible connections to existing or any proposed utility systems. When an individual water supply and/or sewerage disposal system is proposed, the plan for such must be approved by the appropriate local, County or State health agency. Any subdivision or part thereof which does not meet with the established requirements of this chapter or other applicable regulations shall not be approved.
7. 
A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.
8. 
The plat shall show the base flood elevation for the property in question as established by the Flood Hazard Boundary Map of the Borough of Manasquan.
c. 
Final Plat.
1. 
The final plat shall be drawn in ink on tracing cloth at a scale of not less than one inch equals 50 feet and in compliance with all the provisions of Chapter 141 of the Laws of 1960. The final plat shall show or be accompanied by the following:[1]
(a) 
Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.
(b) 
Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines and other site lines with accurate dimensions, bearing or deflection angles and radii, arcs and central angles of all curves.
(c) 
The purpose of any easement or land reserved or dedicated to public use shall be designated and the proposed use of sites other than residential shall be noted.
(d) 
Each block shall be numbered, and the lots within each block shall be numbered consecutively beginning with No. 1.
(e) 
Minimum building setback line on all lots and other sites.
(f) 
Location and description of all monuments.
(g) 
Names of owners of adjoining unsubdivided land.
(h) 
Certification by a surveyor as to accuracy of details of the plat.
(i) 
Certification that the applicant is owner of the land or that the owner has given consent under an option agreement.
(j) 
When approval of a plat is required by any officer or body of such a municipality, County or State, approval shall be certified on the plat.
(k) 
Profiles and typical sections of streets approved by the Municipal Engineer may be required to accompany the final plat.
(l) 
Contours at five foot intervals for slopes averaging 10% or greater and at two foot intervals for land of lesser slope.
(m) 
Plans and profiles of storm and sanitary sewers and water mains.
[1]
Editor's Note: N.J.S.A. 46:23-9.9.
[1972 Code § 95-52; Ord. No. 1098]
The subdivider shall observe the following requirements and principles of land subdivision in the design of each subdivision or portion thereof:
a. 
Development Pattern. The subdivision plat shall conform to design standards that will encourage the most appropriate development pattern within the Borough.
b. 
Reservation of Public Areas. If the Master Plan or the Official Map provides for the reservation of designated streets, public drainageways or other public areas within the proposed development, before approving a subdivision the Planning Board may further require that such streets or areas be shown on the plat in locations and sizes suitable to their intended uses. The Planning Board may reserve the location and extent of such streets, ways or public areas shown on the plat for a period of one year after the approval of the final plat or for such further time as may be agreed to by the developer. Unless during such period or extension thereof the Borough shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways or public areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to the streets and roads, flood control basins or public drainageways necessitated by the subdivision or land development and required for final approval.
c. 
The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation, provided that determination of such fair market value shall include but not be limited to consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining subdivision approval or site plan approval, as the case may be, caused by the reservation.
[1972 Code § 95-54; Ord. No. 1098; New]
a. 
Streets.
1. 
The arrangement of streets not shown on the Master Plan or Official Map shall be such as to provide for the appropriate extension of existing streets and, where necessary in order to promote the orderly flow of traffic and for the safety, welfare and convenience of the public, shall be such as to provide for the appropriate extensions to adjoining properties.
2. 
Minor streets shall be designed so as to discourage through traffic.
3. 
The right-of-way width shall be measured to the lot line and shall not be less than the following:
(a) 
Arterial streets: 80 feet.
(b) 
Collector streets: 60 feet.
(c) 
Minor streets: 50 feet.
(d) 
The right-of-way width for internal roads and alleys in multifamily, commercial, industrial and planned unit developments shall be determined on an individual basis and shall in all cases be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and maximum access for firefighting equipment.
(e) 
Cul-de-sac or dead-end turnarounds. Cul-de-sac or dead-end turnarounds shall have a minimum radius of 40 feet in the curb, right-of-way minimum of 50 feet and pavement width of 18 to 24 feet. Landscaped islands shall be provided where required by the Planning Board.
4. 
No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the Governing Body under conditions approved by the Planning Board.
5. 
Subdivisions that adjoin or include existing streets that do not conform to widths as shown on the Master Plan or Official Map or the street width requirements of this chapter shall dedicate additional width along either one or both sides of the road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.
6. 
Grades of arterial and collector streets shall not exceed 4%. Grades on other streets shall not exceed 10%. No street shall have a minimum grade of less than 1/2 of 1%.
7. 
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°. The block corners at intersections shall be rounded at the curbline with a curve having a radius of not less than 20 feet and shall have a clear sight triangle of not less than 30 feet.
8. 
Street jogs with center-line offsets of less than 125 feet shall be prohibited.
9. 
When connecting street lines deflect from each other at any one point by more than 10° and not more than 45°, they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets.
10. 
All changes in grade shall be connected by vertical curves with a rate of change not to exceed 4% per 10 feet of road.
11. 
Maximum grade within any intersection shall not exceed 3% and approaches to any intersection shall follow a straight course within 100 feet of the intersection.
12. 
No street shall have a name which will duplicate or nearly duplicate so as to be confused with the names of existing streets. The continuation of an existing street shall have the same name.
13. 
Sidewalks. Sidewalks, where required, shall be a minimum of four feet in width.
14. 
Traffic Signs and Control Devices. These improvements, such as stop, yield and one-way signs, etc., shall be designed and installed in accordance with applicable Federal, State and County regulations. Recommendations as to their installation may be made by the Police Department or other competent agency.
b. 
Blocks.
1. 
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by the Zoning Ordinance and to provide for convenient access, circulation control and safety of street traffic.[1]
[1]
Editor's Note: See Ch. 35, Zoning.
2. 
In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the Planning Board. Such walkway shall be 10 feet wide and be straight from street to street.
3. 
For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.
4. 
New block numbers shall be assigned by the Tax Assessor in the manner provided by N.J.A.C. 18:23A-1.9.
c. 
Lots.
1. 
Lot dimensions and area shall not be less than the requirements of the Zoning Ordinance.[2]
[2]
Editor's Note: See Ch. 35, Zoning.
2. 
Insofar as practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
3. 
Each lot must front upon an approved street which is at least 50 feet in width, except lots fronting on streets described in subsection 32-16.1a3(d) of this chapter.
4. 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra-width line, and all setbacks shall be measured from such line.
5. 
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots.
6. 
New lot numbers shall be assigned by the Tax Assessor in the manner provided by N.J.A.C. 18:23A-1.10(g).
d. 
Public Use and Service Areas.
1. 
In a large-scale development, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 15 feet wide and located in consultation with the companies or municipal departments concerned.
2. 
Where a subdivision is traversed by a watercourse, drainageway channel or street, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with width or construction or both, as will be adequate for the purpose.
3. 
Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.
e. 
Drainage facilities shall be designed and located so as to minimize flood damage. New utilities shall be located and designed so as to eliminate flood damage and to minimize or eliminate infiltration of floodwater into sewage and water systems. The stormwater disposal system shall include all or some of the following: curbs, catch basins, culverts, pipes, stormwater drains, swales, drainage rights-of-way, ditches, channel improvements, riprap, retention and detention basins, or combinations of all or some of the above where appropriate. It may also include ground cover seeding, trees, shrubs, bushes and vegetation.
f. 
Sanitary Sewage Disposal. A sanitary waste disposal system shall include all or some of the following: pipes and necessary appurtenances, such as manholes, handholes, pumping stations, drainage tiles, valves and siphons.
g. 
Water. A water system shall include all or part of the following: pipes and necessary appurtenances of sufficient size, material and capacity, pumps, valves, pumping stations, standpipes and fire hydrants. Fire hydrants shall be of a design and type approved by the Borough and shall be installed in accordance with Borough requirements.
h. 
Private Utilities. Gas lines, telephone lines, electrical services, cable television and similar utilities when installed shall consist of those elements required by the applicable utility, Federal, State or local law.
i. 
Natural Improvements. These improvements shall include all or some of the following: shade trees, topsoil, earth removal, borrow and fill, improvements to prevent erosion and landslides and improvements to prevent damage to adjacent property and to protect vistas and existing natural growth.
j. 
Monuments. Monuments shall be of such size and shape and properly located as required by the Map Filing Law.
k. 
Shade Trees. Shade trees are to be provided in accordance with requirements of the Manasquan Shade Tree Commission.
l. 
Topsoil Protection. No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting.
m. 
Grades. All construction stakes and grades shall be set by a licensed land surveyor in the employ of the subdivider, developer or contractor. One copy of all cut sheets, signed by a land surveyor or professional engineer, shall be filed with the Borough Engineer 24 hours prior to the commencement of any construction.
n. 
Streetlights. Streetlights shall be installed as required by the Planning Board.
o. 
Disposal of Dead Trees, Litter, Building Materials. Developed areas shall be cleared of all stumps, litter, rubbish, brush, weeds, dead and dying trees, roots and debris, and excess or scrap building materials shall be removed or destroyed immediately upon the request of and to the satisfaction of the Building Inspector prior to issuing an occupancy permit.
p. 
During Construction. During construction, the site shall be maintained and left each day in a safe and sanitary manner, and any condition which could lead to personal injury or property damage shall be immediately corrected by the developer upon an order by the Building Inspector or other authorized personnel.
[1972 Code § 95-54; Ord. No. 1098]
Prior to the start of the construction or installation of such improvements, the developer shall advise the Borough Engineer 24 hours prior to the commencement of such work. No underground installation shall be covered until inspected and approved by the appropriate official. If, during installation of any of the required improvements, the developer fails to meet specification requirements or to correct unacceptable work, the developer shall be notified in writing, by certified mail, that the developer has failed to comply with specifications or to correct unacceptable work properly, and the notice shall set forth in detail what has not been properly installed. If, within 10 days after mailing of such notice, the developer has failed to perform in accordance with the notice, the Borough shall then cause the notice of failure to comply to be served upon the developer, and a copy shall be sent to the Governing Body and Planning Board.
[1972 Code § 95-55; Ord. No. 1098]
Prior to or during construction, the Borough Engineer may require the installation or construction of improvements to prevent or correct temporary conditions on the site which could cause personal injury, damage to property or constitute a health hazard. These conditions may result from erosion and landslide, flooding, heavy construction, traffic, creation of steep grades and pollution. Improvements may include berms, mulching, sediment traps, detention and retention basins, grading, plantings, retaining walls, culverts, pipes, guardrails, temporary roads and others appropriate to the specific condition. All temporary improvements shall remain in place and in operation until otherwise directed by the Borough Engineer.
[Ord. No. 1975-06; Ord. No. 1993-07; Ord. No. 2008-07; repealed and replaced 3-1-2021 by Ord. No. 2334-2021]
[Added 3-1-2021 by Ord. No. 2334-2021]
a. 
Policy Statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure Best Management Practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.
b. 
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Section II.
c. 
Applicability.
1. 
This section shall be applicable to the following major developments:
(a) 
Nonresidential major developments; and
(b) 
Aspects of residential major developments that are not pre-empted by the Residential Site Improvement Standards at N.J.A.C. 5:21.
2. 
This section shall also be applicable to all major developments undertaken by Borough of Manasquan.
d. 
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.
[Added 3-1-2021 by Ord. No. 2334-2021]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
CAFRA CENTERS, CORES OR NODES
Means 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
Means 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
Means an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this chapter.
COMPACTION
Means the increase in soil bulk density.
CONTRIBUTORY DRAINAGE AREA
Means the area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.
CORE
Means a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY
Means an agency designated by the County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
a. 
A county planning agency or 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; or
b. 
A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT
Means the Department of Environmental Protection.
DESIGN ENGINEER
Means 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
Means a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
DEVELOPMENT
Means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlarge-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
Means 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
Means a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.
EMPOWERMENT NEIGHBORHOODS
Means 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
Means 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
Means 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 well head 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
Means the detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
GREEN INFRASTRUCTURE
Means a stormwater management measure that manages stormwater close to its source by:
a. 
Treating stormwater runoff through infiltration into subsoil;
b. 
Treating stormwater runoff through filtration by vegetation or soil; or
c. 
Storing stormwater runoff for reuse.
HUC 14 or HYDROLOGIC UNIT CODE 14
Means an area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a 14-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
IMPERVIOUS SURFACE
Means 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
Means 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
Means an individual "development," as well as multiple developments that individually or collectively result in:
a. 
The disturbance of one or more acres of land since February 2, 2004;
b. 
The creation of one-quarter acre or more of "regulated impervious surface" since February 2, 2004;
c. 
The creation of one-quarter acre or more of "regulated motor vehicle surface" since March 2, 2021; or
d. 
A combination of paragraphs b and c above that totals an area of one-quarter acre or more. The same surface shall not be counted twice when determining if the combination area equals one-quarter 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 paragraphs a, 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
Means 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
Means 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
Means any city, borough, town, township, or village.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL
Means the manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with § 32-17.4f and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
NODE
Means an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NUTRIENT
Means a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON
Means any individual, corporation, company, partnership, firm, association, political subdivision of this State and any state, interstate or Federal agency.
POLLUTANT
Means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
RECHARGE
Means the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
REGULATED IMPERVIOUS SURFACE
Means any of the following, alone or in combination:
a. 
A net increase of impervious surface;
b. 
The total area of impervious surface collected by a new stormwater conveyance system (for the purpose of this definition, a "new stormwater conveyance system" is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created);
c. 
The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or
d. 
The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.
REGULATED MOTOR VEHICLE SURFACE
Means any of the following, alone or in combination:
a. 
The total area of motor vehicle surface that is currently receiving water;
b. 
A net increase in motor vehicle surface; and/or quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.
SEDIMENT
Means 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
Means the lot or lots upon which a major development is to occur or has occurred.
SOIL
Means all unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
Means 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
Means 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
Means 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
Means 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
Means a public body authorized by legislation to prepare stormwater management plans.
STORMWATER MANAGEMENT PLANNING AREA
Means 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
Means water flow on the surface of the ground or in storm sewers, resulting from precipitation.
TIDAL FLOOD HAZARD AREA
Means 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
Means a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONES
Means a zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et. seq.
URBAN REDEVELOPMENT AREA
Previously developed portions of areas:
a. 
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
b. 
Designated as CAFRA Centers, Cores or Nodes;
c. 
Designated as Urban Enterprise Zones; and
d. 
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATER CONTROL STRUCTURE
Means 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
Means 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
Means an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
[Added 3-1-2021 by Ord. No. 2334-2021]
a. 
Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:
1. 
The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.
2. 
The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.
b. 
The standards in this section apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or Water Quality Management Plan adopted in accordance with Department rules.
[Added 3-1-2021 by Ord. No. 2334-2021]
a. 
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 32-17.10.
b. 
Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).
c. 
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 32-17.4p, q and r:
1. 
The construction of an underground utility line provided that the disturbed areas are revegetated upon completion;
2. 
The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable; and
3. 
The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.
d. 
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 32-17.4o, p, q and r may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
1. 
The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;
2. 
The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of § 32-17.4o, p, q and r to the maximum extent practicable;
3. 
The applicant demonstrates that, in order to meet the requirements of § 32-17.4o, p, q and r existing structures currently in use, such as homes and buildings, would need to be condemned; and
4. 
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under § 32-17.4d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 32-17.4o, p, q and r that were not achievable on site.
e. 
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 32-17.4o, p, q and r. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2 (f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
f. 
Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this section the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
Best Management Practice
Stormwater Runoff Quality TSS Removal Rate
(percent)
Stormwater Runoff Quantity
Groundwater Recharge
Minimum Separation from Seasonal High Water Table
(feet)
Cistern
0
Yes
No
Dry Well(a)
0
No
Yes
2
Grass Swale
50 or less
No
No
2(e)
1(f)
Green Roof
0
Yes
No
Manufactured Treatment Device(a) (g)
50 or 80
No
No
Dependent upon the device
Pervious Paving System(a)
80
Yes
Yes(b)
No(c)
2(b)
1(c)
Small-Scale Bioretention Basin(a)
80 or 90
Yes
Yes(b)
No(c)
2(b)
1(c)
Small-Scale Infiltration Basin(a)
80
Yes
Yes
2
Small-Scale Sand Filter
80
Yes
Yes
2
Vegetative Filter Strip
60-80
No
No
(Notes corresponding to annotations (a) through (g) are found after 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 after 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
40-60
Yes
No
1
Manufactured Treatment Device(h)
50 or 80
No
No
Dependent upon the device
Sand Filter(c)
80
Yes
No
1
Subsurface Gravel Wetland
90
No
No
1
Wet Pond
50-90
Yes
No
N/A
Notes to Tables 1, 2, and 3:
(a)
Subject to the applicable contributory drainage area limitation specified at § 32-17.4o2;
(b)
Designed to infiltrate into the subsoil;
(c)
Designed with underdrains;
(d)
Designed to maintain at least a 10-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 § 32-17.2;
(h)
Manufactured treatment devices that do not meet the definition of green infrastructure at § 32-17.2.
g. 
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with § 32-17.6b. Alternative stormwater management measures may be used to satisfy the requirements at § 32-17.4o only if the measures meet the definition of green infrastructure at Section II. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 32-17.4o2 are subject to the contributory drainage area limitation specified at § 32-17.4o2 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 § 32-17.4o2 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 § 32-17.4d is granted from § 32-17.4o.
h. 
Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact on the groundwater table and design the site, so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.
i. 
Design standards for stormwater management measures are as follows:
1. 
Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);
2. 
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 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 § 32-17.8c;
3. 
Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall be deemed to meet this requirement;
4. 
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 32-17.8; and
5. 
The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of 2 1/2 inches in diameter.
j. 
Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at § 32-17.2 may be used only under the circumstances described at § 32-17.4o 4.
k. 
Any application for a new agricultural development that meets the definition of major development at § 32-17.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 32-17.4o, p, q and r and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
l. 
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 32-17.4p, q and r shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
m. 
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Office of the Monmouth County Clerk. 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 § 32-17.1o, p, q and r and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 3-17.10b5. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
n. 
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to § 32-17.4 and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the Monmouth County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with paragraph m above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with paragraph m above.
o. 
Green Infrastructure Standards.
1. 
This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.
2. 
To satisfy the groundwater recharge and stormwater runoff quality standards at § 32-17.4p and q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 32-17.4f and/or an alternative stormwater management measure approved in accordance with § 32-17.4g. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
Best Management Practice
Maximum Contributory Drainage Area
Dry Well
1 acre
Manufactured Treatment Device
2.5 acres
Pervious Pavement Systems
Area of additional inflow cannot exceed three times the area occupied by the BMP
Small-scale Bioretention Systems
2.5 acres
Small-scale Infiltration Basin
2.5 acres
Small-scale Sand Filter
2.5 acres
3. 
To satisfy the stormwater runoff quantity standards at § 32-17.4r, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with § 32-17.4g.
4. 
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 32-17.4d is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with § 32-17.4g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 32-17.4p, q and r.
5. 
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at § 32-17.4p, q and r, unless the project is granted a waiver from strict compliance in accordance with § 32-17.4d.
p. 
Groundwater Recharge Standards.
1. 
This subsection contains the minimum design and performance standards for groundwater recharge as follows:
2. 
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 32-17.5, either:
(a) 
Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual pre-construction groundwater recharge volume for the site; or
(b) 
Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the two-year storm is infiltrated.
3. 
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to paragraph 4 below.
4. 
The following types of stormwater shall not be recharged:
(a) 
Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with Department approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and
(b) 
Industrial stormwater exposed to "source material." "Source material" means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.
q. 
Stormwater Runoff Quality Standards.
1. 
This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of one-quarter acre or more of regulated motor vehicle surface.
2. 
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:
(a) 
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.
(b) 
If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.
3. 
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with paragraph 2 above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
4. 
The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 4, below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.
Table 4 - Water Quality Design Storm Distribution
Time
(Minutes)
Cumulative Rainfall
(Inches)
Time
(Minutes)
Cumulative Rainfall
(Inches)
Time
(Minutes)
Cumulative Rainfall
(Inches)
1
0.00166
41
0.1728
81
1.0906
2
0.00332
42
0.1796
82
1.0972
3
0.00498
43
0.1864
83
1.1038
4
0.00664
44
0.1932
84
1.1104
5
0.00830
45
0.2000
85
1.1170
6
0.00996
46
0.2117
86
1.1236
7
0.01162
47
0.2233
87
1.1302
8
0.01328
48
0.2350
88
1.1368
9
0.01494
49
0.2466
89
1.1434
10
0.01660
50
0.2583
90
1.1500
11
0.01828
51
0.2783
91
1.1550
12
0.01996
52
0.2983
92
1.1600
13
0.02164
53
0.3183
93
1.1650
14
0.02332
54
0.3383
94
1.1700
15
0.02500
55
0.3583
95
1.1750
16
0.03000
56
0.4116
96
1.1800
17
0.03500
57
0.4650
97
1.1850
18
0.04000
58
0.5183
98
1.1900
19
0.04500
59
0.5717
99
1.1950
20
0.05000
60
0.6250
100
1.2000
21
0.05500
61
0.6783
101
1.2050
22
0.06000
62
0.7317
102
1.2100
23
0.06500
63
0.7850
103
1.2150
24
0.07000
64
0.8384
104
1.2200
25
0.07500
65
0.8917
105
1.2250
26
0.08000
66
0.9117
106
1.2267
27
0.08500
67
0.9317
107
1.2284
28
0.09000
68
0.9517
108
1.2300
29
0.09500
69
0.9717
109
1.2317
30
0.10000
70
0.9917
110
1.2334
31
0.10660
71
1.0034
111
1.2351
32
0.11320
72
1.0150
112
1.2367
33
0.11980
73
1.0267
113
1.2384
34
0.12640
74
1.0383
114
1.2400
35
0.13300
75
1.0500
115
1.2417
36
0.13960
76
1.0568
116
1.2434
37
0.14620
77
1.0636
117
1.2450
38
0.15280
78
1.0704
118
1.2467
39
0.15940
79
1.0772
119
1.2483
40
0.16600
80
1.0840
120
1.2500
5. 
If more than one BMP in series is necessary to achieve the required 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.
6. 
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in § 32-17.4p, q and r.
7. 
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.
8. 
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.
9. 
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.
10. 
This stormwater runoff quality standards do not apply to the construction of one individual single-family dwelling, provided that it is not part of a larger development or subdivision that has received preliminary or final site plan approval prior to December 3, 2018, and that the motor vehicle surfaces are made of permeable material(s) such as gravel, dirt, and/or shells.
r. 
Stormwater Runoff Quantity Standards.
1. 
This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.
2. 
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 32-17.5, complete one of the following:
(a) 
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two-, ten-, and 100-year storm events do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events;
(b) 
Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten- and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;
(c) 
Design stormwater management measures so that the post-construction peak runoff rates for the two-, ten- and 100-year storm events are 50%, 75% and 80%, respectively, of the pre-construction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or
(d) 
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with paragraphs 2(a), 2(b) and 2(c) above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
3. 
The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.
[Added 3-1-2021 by Ord. No. 2334-2021]
a. 
Stormwater runoff shall be calculated in accordance with the following:
1. 
The design engineer shall calculate runoff using one of the following methods:
(a) 
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb10 44171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(b) 
The Rational Method for peak flow and the Modified Rational Method for hydrograph computations. The rational and modified rational methods are described in "Appendix A-9 Modified Rational Method" in the Standards for Soil Erosion and Sediment Control in New Jersey, January 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/2014NJSoilErosion ControlStandardsComplete.pdf.
2. 
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at § 32-17.5a1(a) and the Rational and Modified Rational Methods at § 32-17.5a1(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
3. 
In computing pre-construction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce pre-construction stormwater runoff rates and volumes.
4. 
In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 - Urban Hydrology for Small Watersheds or other methods may be employed.
5. 
If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.
b. 
Groundwater recharge may be calculated in accordance with the following:
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.
[Added 3-1-2021 by Ord. No. 2334-2021]
a. 
Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
1. 
Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3.
2. 
Additional maintenance guidance is available on the Department's website at: https://www.njstormwater.org/maintenance_guidance.htm.
b. 
Submissions required for review by the Department should be mailed to:
The Division of Water Quality, New Jersey Department of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
[Added 3-1-2021 by Ord. No. 2334-2021]
a. 
Site design features identified under § 32-17.4f above, or alternative designs in accordance with § 32-17.4g above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 32-17.7a2 below.
1. 
Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
(a) 
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or
(b) 
A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.
(c) 
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.
2. 
The standard in paragraph a1 above does not apply:
(a) 
Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than nine square inches;
(b) 
Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;
(c) 
Where flows from the water quality design storm as specified in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
(1) 
A rectangular space 4.625 inches long and 1.5 inches wide (this option does not apply for outfall netting facilities); or
(2) 
A bar screen having a bar spacing of 0.5 inches.
Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).
(d) 
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the Water Quality Design Storm as specified in N.J.A.C. 7:8; or
(e) 
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
[Added 3-1-2021 by Ord. No. 2334-2021]
a. 
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.
b. 
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in § 32-17.8c1, c2 and c3 for trash racks, overflow grates, and escape provisions at outlet structures.
c. 
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
1. 
A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the Stormwater management BMP to ensure proper functioning of the BMP outlets in accordance with the following:
(a) 
The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;
(b) 
The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;
(c) 
The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack; and
(d) 
The trash rack shall be constructed of rigid, durable, and corrosion resistant material and designed to withstand a perpendicular live loading of 300 pounds per square foot.
2. 
An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:
(a) 
The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.
(b) 
The overflow grate spacing shall be no less than two inches across the smallest dimension.
(c) 
The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.
3. 
Stormwater management BMPs shall include escape provisions as follows:
(a) 
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to VIII.C, a free-standing outlet structure may be exempted from this requirement;
(b) 
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See § 32-17.8e for an illustration of safety ledges in a stormwater management BMP; and
(c) 
In new stormwater management BMPs, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.
d. 
Variance or Exemption from Safety Standard. A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.
e. 
Safety Ledge Illustration.
Elevation View -Basin Safety Ledge Configuration
[Added 3-1-2021 by Ord. No. 2334-2021]
a. 
Submission of Site Development Stormwater Plan.
1. 
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at § 32-17.9c below as part of the submission of the application for approval.
2. 
The applicant shall demonstrate that the project meets the standards set forth in this section.
3. 
The applicant shall submit 20 copies of the materials listed in the checklist for site development stormwater plans in accordance with § 32-17.9c.
b. 
Site Development Stormwater Plan Approval. The applicant's Site Development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.
c. 
Submission of Site Development Stormwater Plan. The following information shall be required:
1. 
Topographic Base Map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown.
2. 
Environmental Site Analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.
3. 
Project Description and Site Plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.
4. 
Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of § 32-17.3 through § 32-17.5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
5. 
Stormwater Management Facilities Map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
(a) 
Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.
(b) 
Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.
6. 
Calculations.
(a) 
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in § 32-17.4.
(b) 
When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high-water table, then a soils report shall be submitted. The soils report shall be based on onsite boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.
7. 
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 32-17.10.
8. 
Waiver from Submission Requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in § 32-17.9c1 through § 32-17.9c6 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.
[Added 3-1-2021 by Ord. No. 2334-2021]
a. 
Applicability. Projects subject to review as in § 32-17.1c shall comply with the requirements of § 32-17.1b and c.
b. 
General Maintenance.
1. 
The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.
2. 
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
3. 
If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.
4. 
Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.
5. 
If the party responsible for maintenance identified under § 32-17.10b3 above is not a public agency, the maintenance plan and any future revisions based on § 32-17.10b7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
6. 
Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.) of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of non-vegetated linings.
7. 
The party responsible for maintenance identified under § 32-17.10b3 above shall perform all of the following requirements:
(a) 
Maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders;
(b) 
Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and
(c) 
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by § 32-17.10b6 and b7 above.
8. 
The requirements of § 32-17.10b3 and b4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
9. 
In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or County may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.
c. 
Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Added 3-1-2021 by Ord. No. 2334-2021]
Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall, upon conviction thereof in municipal court or any other court of competent jurisdiction, be punishable by imposition of the penalties set forth in Section I-5, General Penalty of Chapter 1, General Provisions, of the Municipal Code.
Each instance of engaging in a separate regulated activity, in violation of this section shall be deemed a separate offense.
In addition, Manasquan may institute civil action for injunctive or other relief to enforce the provision of this section.
[1972 Code § 95-56; Ord. No. 1098]
In lieu of certified completion of all required site improvements, before recording final subdivision plats or as a condition of final site plan approval, the Planning Board shall require and accept, in accordance with the standards adopted herein, for the purpose of assuring the installation and maintenance of both on-tract and off-tract public improvements and landscaping:
a. 
The furnishing of a performance guaranty in favor of the municipality in an amount not to exceed 120% of the cost of installation for improvements, as estimated by the Borough Engineer, including streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and other on-site improvements and landscaping.
b. 
Provision for a maintenance guaranty to be posted with the Municipal Clerk for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance of maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the municipality for such utilities or improvements.
1. 
The amount of any performance guaranty may be reduced by the Planning Board by resolution when portions of the improvements have been certified by the Borough Engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the body by resolution.
2. 
If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the Borough for the reasonable cost of the improvements not completed or corrected, and the Borough may either prior to or after the receipt of the proceeds thereof complete such improvements.
3. 
When all of the required improvements have been completed, the obligor shall notify the Planning Board, in writing, by certified mail addressed in care of the Municipal Clerk of the completion of the improvements and shall send, a copy thereof to the Borough Engineer. Thereupon the Borough Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the Planning Board indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejections. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
4. 
The Planning Board shall either approve, partially approve or reject the improvements on the basis of the report of the Borough Engineer and shall notify the obligor, in writing, by certified mail, of the contents of the report and the action of the Planning Board with relation thereto, not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved. Failure of the Planning Board to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, shall be released from all liability, pursuant to such performance guaranty.
5. 
If any portion of the required improvements is rejected, the Planning Board may require the obligor to complete such improvements, and, upon completion, the same procedure of notification, as set forth in this section shall be followed.
6. 
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Planning Board or the Borough Engineer.
7. 
The obligor shall reimburse the Borough for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements and for costs of the Municipal Attorney for services rendered to the Borough in this regard.
[1972 Code § 95-57; Ord. No. 1098]
Developers shall be required, as a condition for approval of a subdivision, to pay their pro rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities and easements therefor located outside the property limits of the subdivision but necessitated or required by construction or improvements within the subdivision. The following criteria shall be utilized in determining a developer's proportionate or pro rata share of necessary off-tract improvements.
[1972 Code § 95-58; Ord. No. 1098]
In cases where the reasonable and necessary need for an off-street improvement or improvements is necessitated or required by the proposed development application and when no other property owners receive a special benefit thereby, the applicant may be required, as a condition of approval, at the applicant's sole expense, to provide for and construct such improvements as if such were an on-tract improvement in the manner provided hereafter and otherwise provided by law.
[1972 Code § 95-59; Ord. No. 1098]
In cases where the need for any off-tract improvement is necessitated by the proposed subdivision application and where it is determined that properties outside the subdivision will also be benefited by the improvement, the following criteria shall be utilized in determining the developer's proportionate share of such improvements:
a. 
Sanitary Sewers. For distribution facilities, including the installation, relocation or replacement of collector, trunk and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate share shall be computed as follows:
1. 
The capacity and the design of the sanitary sewer system shall be based on Rules and Regulations for the Preparation and Submission of Plans for Sewerage Systems, New Jersey Department of Environmental Protection, and all Manasquan Borough sewer design standards, including infiltration standards, and all other Manasquan Borough water drain standards.
2. 
Developer's Pro Rata Share.
(a) 
The capacity of the existing system to service the entire improved drainage area shall be computed. If the system is able to carry the total developed drainage basin, no improvement or enlargement cost will be assigned to the developer. If the existing system does not have adequate capacity for the total developed drainage basin, the prorated enlargement or improvement share shall be computed as follows:
Total enlargement or improvement cost
Developer's cost
=
Total tributary gallons per day
Development gallons per day
(b) 
If it is necessary to construct a new system in order to develop the subdivision, the enlargement share to the developer shall be computed as follows:
Total project cost
Developer's cost
=
Total tributary gallons per day to new system
Development tributary gallons per day
(c) 
The plans for the improved system or extended system shall be prepared by developer's engineer. All work shall be calculated by the developer and approved by the Borough Engineer.
b. 
Roadways. For street widening, alignment channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvement uncovered elsewhere, the construction or reconstruction of new or existing streets and other associated streets or traffic improvements, the applicant's proportionate cost shall be determined as follows:
1. 
The Borough Engineer shall provide the applicant's engineer with the existing and anticipated peak-hour flows for the off-tract improvements.
2. 
The applicant shall furnish a plan for the proposed off-tract improvement, which shall include the estimated peak-hour traffic generated by the proposed development. The ratio of the peak-hour traffic generated by the proposed development to the future peak-hour traffic shall form the basis of the proportionate share. The prorated share shall be computed as follows:
Total cost of the roadway improvement and/or extension
Developer's cost
=
Future peak-hour traffic
Future peak-hour traffic generated by the development
c. 
Drainage Improvements. For stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, riprap or improved drainage ditches and appurtenances thereto and the relocation or replacement of other storm drainage facilities or appurtenances associated therewith, the applicant's proportionate share shall be determined as follows:
1. 
The capacity and the design of the drainage system to accommodate stormwater runoff shall be based on a method described in Urban Hydrology for Small Watershed Technical Release 55, Soil Conservation Service, United States Department of Agriculture, January 1975, as amended, and shall be computed by the developer's engineer and approved by the Borough Engineer.
2. 
The capacity of the enlarged, extended or improved system required for the subdivision and areas outside of the developer's tributary to the drainage system shall be determined by the developer's engineer, subject to approval of the Borough Engineer. The plans for the improved system shall be prepared by the developer's engineer and the estimated cost of the enlarged system calculated by the Borough Engineer. The prorated share for the proposed improvement shall be computed as follows:
Total enlargement or improvement cost of drainage facilities
Developer's cost
=
Total tributary cubic feet per second
Development cubic feet per second
d. 
Escrow Accounts. Where the proposed off-tract improvement is to be undertaken at some future date, the monies required for the improvement shall be deposited to the credit of the Borough in a separate account until such time as the improvement is constructed. If the off-tract improvement is not begun with 10 years of deposit, all monies and interest shall be returned to the applicant.
e. 
Computation of Pro Rata Share. In any case in which an applicant shall not provide the approving authority with the estimates of a traffic consultant engineer with regard to estimated improvement costs and all other information necessary to proportion costs, the approving authority may rely on the estimates of the Borough Engineer in order to prorate costs.
[1972 Code § 95-60; Ord. No. 1098; Ord. No. 1280]
Fees, charges and regulations for the review of subdivision applications are established under Chapter 31, Planning Board, of the Code of the Borough of Manasquan.
[1972 Code § 95-61; Ord. No. 1098]
No application shall be considered by the Planning Board unless the applicant shall submit proof from the Office of the Tax Collector that no taxes or assessments for local improvements are due or delinquent on the property for which any development application is made.[1]
[1]
Editor's Note: See Chapter 2, Section 2-63, Payment of Delinquent Property Taxes or Assessments Required Prior to Issuance of License or Permits.
[1972 Code § 95-62; Ord. No. 1098; Ord. No. 1304; N.J.S.A. 40:55D-55]
a. 
If, before favorable referral and final approval by the Planning Board has been obtained, any person, firm or corporation transfers, sells or agrees to sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Planning Board is required to act, such person, firm or corporation shall be subject to the penalty prescribed by N.J.S.A. 40:55D-55. Each parcel, plot or lot so disposed of shall be deemed a separate offense and each day that such violation exists shall constitute a separate offense.
b. 
In addition to the foregoing, the municipality may institute and maintain a civil action:
1. 
For injunctive relief.
2. 
To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with Section 44 of Chapter 291 of the Laws of 1975, but only if the Borough Planning Board has adopted by ordinance standards and procedures in accordance with Section 29 of Chapter 291 of the Laws of 1975.[1], [2]
[1]
Editor's Note: N.J.S.A. 40:55D-56.
[2]
Editor's Note: N.J.S.A. 40:55D-38.
c. 
In any such action the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his assigns or successors, to secure the return of any deposit made or purchase price paid, and also a reasonable search fee, survey expense and title closing expenses, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of the land or within six years, if unrecorded.
[1972 Code § 95-63; Ord. No. 1098]
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough of Manasquan. Any action taken by the Planning Board under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the subdivider or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impracticable or will exact undue hardship, the Planning Board may permit such variance or variances as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.
[1972 Code § 95-64; Ord. No. 1098]
In the event of a conflict between this chapter and any other ordinance, such as a Construction Code, Housing Code or Licensing Ordinance, the ordinance requiring the more restrictive regulation or the one requiring the higher set of standards shall apply.[1]
[1]
Editor's Note: See Chapter 14, Building and Housing, Section 14-1, State Uniform Construction Code Enforcing Agency.
[1972 Code § 95-65; Ord. No. 1098]
Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which any construction permit has been granted before the enactment of this chapter, provided that construction for such plans shall have been started within 60 days of enactment of this chapter and shall be diligently pursued to completion.
[1972 Code § 95-66; Ord. No. 1098]
Chapter 95, Subdivision of Land, (adopted on May 11, 1959 as Ordinance No. 701) of the Code of the Borough of Manasquan is hereby repealed. All other ordinances or parts of ordinances which are inconsistent herewith are repealed, but only to the extent of such inconsistency.