[Ord. No. 10-77, A1]
This chapter shall be known and may be cited as "The Site Plan
Ordinance of the Borough of Cliffside Park."
[Ord. No. 10-77, A1]
The regulations contained in this chapter are deemed necessary
to achieve the following objectives:
a.
To promote, protect and enhance the public health, safety, convenience
and general welfare in an era of increasing development and urbanization.
b.
To limit or restrict wherever possible against danger from fire,
explosion, noxious fumes, excessive traffic, flooding and other hazards.
c.
To protect the character and maintain the stability of all areas
in the borough and to promote the orderly and beneficial development
of such areas.
d.
To provide a review and coordination procedure which clearly defines
the role of public and private interests as well as standards to be
enforced.
e.
To protect and promote a cleaner and safer living environment affecting
land, water and air resources.
f.
To enhance and improve the man-made and natural environment.
g.
To promote the conservation of open space and valuable natural resources
and to prevent urban sprawl and degradation of the environment through
improper use of land.
h.
To encourage borough action to guide the appropriate use of development
of all lands in this State, in a manner which will promote the public
health, safety, morals and general welfare.
i.
To encourage coordination of the various public and private procedures
and activities shaping land development with a view of lessening the
cost of such development and to the more efficient use of land.
j.
To encourage the compatible and harmonious use of land and resources.
k.
To encourage innovative and attractive techniques in design, technology
and administration.
l.
To conserve and enhance the taxable value of land and buildings throughout
the borough.
m.
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements.
n.
To secure safety from fire, flood, panic and other natural and man-made
disasters.
o.
To provide adequate light, air and open space.
p.
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhood communities and regions and preservation of the environment.
q.
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational, commercial and industrial
uses and open space, both public and private, according to their respective
environmental requirements in order to meet the needs of all New Jersey
citizens.
[Ord. No. 10-77, A2]
Unless the context otherwise indicates, the following definitions
shall be used in the interpretation and construction of this chapter.
Words used in the present tense include the future, the singular number
shall include the plural and the plural the singular; the word "building"
shall include the word "structure," the word "person" includes a corporation
as well as an individual; the word "lot" includes the word "plot;"
the word "occupied" includes the words "designed or intended to be
occupied;" the word "used" shall include the words "arranged, designed,
constructed, altered, converted, rented, leased or intended to be
used;" the word "abut" shall include the words "directly across from;"
the word "shall" is mandatory and not optional.
[Ord. No. 10-77, A2]
Except as otherwise provided herein all definitions promulgated in Chapter 19 Land Use, or any other development regulation of the borough as amended, supplemented or revised are hereby incorporated and made a part of this chapter.
[Ord. No. 10-77, A2]
Whenever a term is used in this chapter which is defined in
N.J.S.A. 40: 55D-3 through 7, such term is intended to have the meaning
set forth in the definition of such term found in the statute, unless
a contrary intention is clearly expressed from the context of this
chapter.
[Ord. No. 10-77, A2]
In addition, the following definitions are also made a part
of this chapter.
a.
ABUTTING COUNTY ROAD – Any existing or proposed county road
shown on the adopted county master plan or official map which adjoins
a lot or parcel of land submitted for subdivision or site plan approval.
b.
ADVERSE DRAINAGE CONDITION – The absence or presence of drainage
facilities or drainage easements in a drainageway leading to, along
or through a street, road, drainage structure or to private property,
either within or exterior to a proposed subdivision or site plan of
such location, size, design, construction or condition which will
not provide adequately for storm drainage; or will cause flooding
erosion, silting or other damage effect to a street or road or drainage
structure or private property, or threatens to damage private property
as a result of such adverse storm drainage condition.
c.
ACCELERATION LANE – Added pavement width at an intersection
or other point of access to a public or private street, designated
to enable vehicles entering the roadway to attain a speed which will
allow entering vehicles to emerge safely with through traffic.
d.
DECELERATION LANE – Added pavement width at an intersection
or other point of access from a public or private road, designed to
enable vehicles leaving the street or roadway to make the necessary
reduction in speed without interfering with the free movement of through
traffic.
e.
DRAINAGE RIGHT-OF-WAY OR DRAINAGE EASEMENT – The land required
for the installation and/or maintenance of storm-water sewers, culverts,
bridges, drainage ditches or a watercourse for preserving the channel
and/or providing for the flow therein.
f.
BRIDGE – A structure having a clear span in excess of 20 feet
designed to convey vehicles and/or pedestrians over a watercourse,
railroad, street or other obstacle or depression.
g.
CULVERT – A structure designed to convey a watercourse under
a driveway, road, railroad or pedestrian walk, not incorporated in
a closed drainage system and having a clear span of 20 feet or less.
h.
DRIVEWAY – A means of access for vehicles to or from a property
to a roadway.
i.
MAINTENANCE GUARANTEE – Any security, other than cash, which
may be accepted by a municipality for the maintenance of any improvements
required by N.J.S.A. 40:55D-3 through 7.
j.
DEDICATION FOR ROAD PURPOSES – A dedication of land to the
borough or county, whichever is applicable, for the installation of
utilities, construction, widening, repairing, maintaining or improving
the road and for the construction, reconstruction or alteration of
facilities related to the safety, convenience or carrying capacity
of the road including curbing, pedestrian walkways, drainage facilities
and traffic control devices.
k.
OFFICIAL MAP – The map adopted by ordinance by the borough
council pursuant to N.J.S.A. 40: 55D-3.2 et seq. as may be amended
and supplemented.
l.
SITE PLAN – A development plan of one or more lots on which
is shown:
1.
The existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation drainage, flood plains,
marshes and waterways.
2.
The location of all existing and proposed buildings, drives, parking
spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures and signs, lighting, screening
devices.
3.
Any other information that may be reasonably required in order to
make an informed determination pursuant to an ordinance requiring
review and approval of site plans by the planning board adopted pursuant
to N.J.S.A. 40:55D-37, et seq.
m.
OFFICIAL COUNTY MAP – The map by resolution of the board of
chosen freeholders of the county pursuant to N.J.S.A. 40:27-5 as may
be amended and supplemented.
n.
WATER BODIES – Any natural or artificial collection of water
whether permanent or temporary.
o.
WATERCOURSE – Any natural swale, ditch, gully, stream, brook
or river wherein water flows ordinarily frequently or infrequently
but not necessarily continuously. This definition includes watercourses
which have been artificially treated, realigned or improved.
p.
SIGHT TRIANGLE – A triangular shaped easement established at
intersections in accordance with the requirements of this chapter,
in which nothing shall be erected, placed, planted or allowed to grow
in such a manner as to obstruct vision between a height of two feet
six inches above the center line grade of either street. The borough
shall have the right of entry to remove any obstruction to vision
within the sight easement area not conforming to the standard of this
definition, following due notice to the property owner.
q.
PERFORMANCE GUARANTEE – Any security that is acceptable to
the borough which may be accepted in lieu of a requirement that certain
improvements be made before the granting of approval of a site plan,
provided that not more than ten percent of the total performance guarantee
shall be required to be paid in cash, and further provided that the
total amount of the performance guarantee shall not exceed the provisions
of N.J.S.A. 40: 55D-53a-1.
r.
RESIDENTIAL CLUSTER – An area to be developed as a single entity
according to a plan containing residential housing units which have
a common or public open space area as an appurtenance.
s.
RESIDENTIAL DENSITY – The number of dwelling units per gross
acre of residential land area including streets, easements and open
space portions of a development.
t.
PARTY IMMEDIATELY CONCERNED – For purposes of notice, any applicant
for development, the owners of the subject property and all owners
of property and government agencies entitled to notice under section
7.
[Ord. No. 10-77, A3]
Except as provided herein, no building excavation or foundation
permit shall be issued for a building, structure or use or any enlargement,
expansion or change of use, unless a site plan is first submitted
to and approved by the planning board of the borough except wherever
the board of adjustment has jurisdiction over a site plan pursuant
to N.J.S.A. 40:55D-76, then and in that case by the board of adjustment.
Hereafter, borough agency shall mean either the planning board or
board of adjustment.
No certificate of occupancy shall be given unless all construction
and conditions conform to the site plan as approved by the borough
agency as provided herein.
[Ord. No. 10-77, A3]
a.
Site plan review shall not be required for single family and two-family
detached dwelling or for such accessory uses as a private garage,
tool house, gardens and private greenhouse, swimming pools and other
similar uses incidental to a single or two-family detached dwelling
or for similar improvements as accessory uses to principle use.
b.
Site plan approval shall not be required where:
1.
Minor repairs to the interior of a building do not involve structural
change or enlargement of the building as determined by the borough
building subcode official.
2.
Renovations or alterations to the exterior design of a building or
structure do not involve any enlargement of the building or major
structural change, as determined by the borough building subcode official.
3.
The cost of construction, reconstruction or other improvement is
less than three thousand five hundred ($3,500.00) dollars.
c.
The building subcode official at his discretion, may refer any application
for a building permit to the planning board for site plan approval,
section b above notwithstanding, where in the official's judgment
the construction, reconstruction, alteration or change of use will
affect existing circulation, drainage, landscaping, lighting, offstreet
parking or the lack of any or all of these factors or other considerations
as specified in this chapter.
[Ord. No. 10-77, A3]
In cases where an applicant proposes to expand or otherwise
enlarge an existing use, structure or building, the standards established
by this chapter shall be applicable only to the new addition, provided
same constitutes a small addition.
Under the terms of this chapter, a small addition shall not exceed 15 percent of the gross floor area of the existing use or 2,000 square feet, whichever is greater. All other additions shall comply with the provisions of the chapter subject to subsection 20-3.6 herein.
[Ord. No. 10-77, A3]
The provisions of this chapter shall not limit in any way the
requirements for submission and compliance with other borough, county,
State or Federal regulations, resolutions, codes and ordinances.
[Ord. No. 10-77, A3]
In addition to referral of site plans to other agencies required
by law to review site plans, the borough agency may refer site plans
to any other local, county, State, Federal or private or quasi-public
agencies for their recommendations within their particular fields
of expertise.
Each application for site plan approval, where required pursuant to N.J.S. 40:27-6.6, shall be submitted by the applicant to the county planning board for review or approval and the borough agency shall condition any approval that it grants upon timely receipt of a favorable report on the application by the county planning board or approval by the county planning board by its failure to report thereon within 30 days as set forth in subsection 20-8.5 herein.
[Ord. No. 10-77, A3]
The borough agency, when acting upon applications for preliminary
site plan approval, shall have the power to grant such exceptions
from the requirements for site plan approval as may be reasonable
and within the general purpose and intent of the provisions for site
plan review and approval of this chapter, if the literal enforcement
of one or more provisions of the chapter is impracticable or will
exact undue hardship because of peculiar conditions pertaining to
the land in question.
The planning board shall have the power to review and approve
or deny conditional uses or site plans simultaneously with review
for subdivision approval without the developer being required to make
further application to the planning board or the planning board being
required to hold further hearings. The longest time period for action
by the planning board, whether it be subdivision, conditional use
or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this subsection, notice
of the hearing on the plan shall include reference to the request
for such conditional use.
[Ord. No. 10-77, A4]
Except as specified herein, the borough council designates the
planning board or board of adjustment to act, where appropriate, under
this chapter. Any power expressly authorized by this act to be exercised
by the planning board or board of adjustment shall not be exercised
by another body, except as otherwise provided herein, as the agency
empowered to act under this chapter.
[Ord. No. 10-77, A4]
The building subcode official or his duly authorized agent,
is hereby given the duty, power and authority to enforce the provisions
of this chapter.
All applications for building permits submitted to the building
subcode official under this chapter and site plans shall be reviewed
by the borough engineer, who shall also be charged with the responsibility
of field inspection affecting drainage and other utility improvements
as specified herein. The building subcode official shall maintain
a record of all applications with accompanying plans and documents
and shall examine all site plans approved by the borough agency for
compliance
[Ord. No. 10-77, A4]
Any person, firm or corporation in violation of any provision
of this chapter shall, upon conviction, be punished by a fine not
to exceed two hundred fifty ($250.00) dollars for each offense. Each
day that a violation occurs or is committed shall constitute a separate
offense.
[Ord. No. 10-77, A5; Ord. No. 15-89]
All applications for site plan approval shall be prepared by
a professional engineer, land surveyor or architect and shall be drawn
to a scale of not less than one inch equals 50 feet. All site plans
shall comply with the requirements hereinafter set forth and shall
contain the following information and data where applicable.
a.
Date of site plan. All revisions shall be noted and dated.
b.
Layout of proposed building of structures including existing and
proposed elevation plan.
c.
Key map showing the location of the tract with reference to surrounding
areas and existing street intersections.
d.
Title of development, north arrow, scale, block and lot number, name
and address of record owner; name and address, license number and
seal of person preparing the site plan. If the owner is a corporation,
the name and address of the president and secretary shall be submitted
with the application.
e.
Location, dimensions and details of signs.
f.
Lot line dimensions shall be in feet and decimals of a foot and all
bearings shall be given to the nearest ten seconds.
g.
The names of all owners of record of all adjacent property and the
block and parcel number of the property, within 200 feet of the nearest
property line. Evidence of notification of all adjoining property
owners as provided by law shall be submitted at the public hearing.
h.
Zone boundaries shall be shown on the site plan as they affect the
parcel. Adjacent zone districts within 200 feet shall also be indicated.
Such features may be shown on a separate map or key on the detail
map itself.
i.
Boundaries of the property, required building or setback lines and
lines of existing streets, lots, reservations, easements and areas
designated to public use, including grants, restrictions and rights-of-way.
j.
A map or copy of any covenants, deed restrictions or exceptions that
are in effect or are intended to cover all or any of the tract.
k.
All distances as measured along the right-of-way lines of existing
streets abutting the property to the nearest intersection with any
other public street.
l.
Location of existing buildings on the site which shall remain and
all other structures such as walls, fences, culverts, bridges, roadways,
etc., with spot elevations of such structures. Structures to be removed
shall be indicated by dashed lines. Location and elevation of all
storm drainage structures and utility lines whether publicly or privately
owned with pipe sizes, grades and direction of flow and if any existing
utility lines are underground, the estimated location of the already
underground utility lines shall be shown.
m.
Existing contours with intervals of two feet where slopes are less
than ten percent and five feet where slopes are ten percent or greater
referred to U.S. Coast and Geodetic datum or other reference system
as may be required by the borough engineer and to be indicated by
a dashed line. Where any changes in contours are proposed, finished
grades should be shown as solid lines or as may be required as separate
proposed grade plan.
n.
Location of existing rock outcrops, high points, watercourses, depressions,
ponds, marshes, wooded areas and other significant existing features
including previous flood elevations of watercourses and where available,
ponds and marsh areas, as may be determined by survey.
o.
A survey prepared, signed and sealed by a licensed surveyor of the
State of New Jersey shall accompany the site plan and shall show the
boundaries of the parcel and the limits of all proposed streets, recreation
areas and other property to be dedicated to public use. The site plan
submitted by the applicant as may be required by the borough agency.
p.
All proposed easements and public and community areas. All proposed
streets with profiles indicating grading; cross-sections showing width
of roadway, location and width of sidewalk and location and size of
utility lines according to the standards and specifications of the
borough.
q.
The proposed use or uses of land and buildings and proposed location
of buildings including proposed grades. Such features may be indicated
on a separate drawing deemed desirable by the building subcode official.
Floor space of all buildings and estimated number of employees, housing
units or other capacity measurements where required shall also be
indicated.
r.
All means of vehicular ingress and egress to and from the site onto
public or private streets showing the size and location of driveways
and curb cuts including the possible organization of traffic channels,
acceleration and deceleration lanes, additional width and other traffic
control which may be required. Improvements such as roads, curbs,
sidewalks and other design detail shall be indicated including dimensions
of parking stalls, access aisles, curb radii, direction of traffic
flow and other conditions as may be required in the borough zoning
ordinance, site plan ordinance or subdivision ordinance.
s.
The location and design of any offstreet parking areas or loading
areas, showing sizes and location of bays, aisles and barriers.
t.
The location of all proposed water lines, valves and hydrants and
all sewer lines or alternative means of water supply or sewage disposal
and treatment in conformance with the applicable standards of the
borough and appropriate utility companies, where applicable.
u.
The proposed location, direction of illumination, power and time
of proposed outdoor lighting in conformance with applicable standards
of the borough including type of standards to be employed, radius
of light and intensity in footcandles.
v.
The proposed screening and landscaping and a planting plan in conformance
with the applicable standards of the borough indicating natural vegetation
to remain and areas to be planted and type of vegetation to be utilized.
w.
The proposed stormwater drainage system as to conform with designs
based on a one-hundred year storm, using a one hour intensity of two
inches. All site plans shall be accompanied by a plan sketch showing
all existing drainage within 500 feet of any boundary and all areas
such as paved areas, grassed areas, wooded areas and any other surface
areas contributing to the calculations and should show methods used
in the determination.
x.
Such other information or data as may be required by the borough
agency in order to determine that the details of the site plan are
in accordance with the standards of the zoning and subdivision ordinances
and all other ordinances of the borough.
y.
Site plan should be prepared by a licensed engineer or architect
for general locations. For topographical and boundary survey information,
the site plan shall be signed and sealed by a licensed land surveyor.
For all elements of design, which shall include drainage, pavements,
curbing, walkways embankments, horizontal and vertical geometrics,
utilities and all pertinent structures, drawings shall be signed and
sealed by a licensed professional engineer.
z.
After approval a mylar or linen shall be submitted for signature
and title and all information appearing thereon shall be in black
India ink. Additional prints as required shall also be submitted after
approval.
aa.
All proposed developments requiring site plan approval, consisting
of:
1.
50 or more dwelling units of detached single-family structures.
2.
50 or more dwelling units of detached two-family structures.
3.
25 or more dwelling units of multi-family housing.
4.
Any commercial or industrial development utilizing a land area of
1,000 square feet or more. The location of all existing and proposed
solid waste collection stations shall be shown on the site plan as
submitted for approval.
|
A site plan detail at a scale of one inch equals ten feet shall
be incorporated in the submission of each station or typical station.
The containers at each such station shall be delineated on the detail
plan.
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A separate container or containers shall be provided for such
recyclable material specified by Ordinance No. 2-1988 of the Borough
of Cliffside Park, in addition to the containers for non-recyclable
solid waste.
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[Ord. No. 10-77, A5]
The following legends shall be indicated on the site plan:
a.
To be signed before submission:
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I CONSENT TO THE FILING OF THIS SITE PLAN WITH THE PLANNING
BOARD (BOARD OF ADJUSTMENT) OF THE BOROUGH OF CLIFFSIDE PARK.
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Date:
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Applicant:
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b.
To be completed before submission:
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SITE PLAN OF:
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LOT:
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BLOCK:
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ZONE:
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SCALE:
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Date:
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Applicant:
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Address:
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c.
To be signed before submission:
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I HEREBY CERTIFY THAT I HAVE PREPARED SITE PLAN AND THAT ALL
DIMENSIONS AND INFORMATION ARE CORRECT.
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Date:
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Name:
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Title and License No.:
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d.
To be signed before issuance of a building permit:
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APPROVED BY THE PLANNING BOARD (BOARD OF ADJUSTMENT) OF THE
BOROUGH OF CLIFFSIDE PARK.
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Date:
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Chairman:
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e.
To be signed before borough agency approval is given:
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I HAVE REVIEWED THIS SITE PLAN AND CERTIFY THAT IT MEETS ALL
CODES AND ORDINANCES UNDER MY JURISDICTION.
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Date:
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Borough Engineer:
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f.
To be signed before issuance of a building permit:
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I HEREBY CERTIFY THAT ALL REQUIRED IMPROVEMENTS HAVE BEEN INSTALLED
OR THAT A PERFORMANCE GUARANTEE HAS BEEN POSTED IN ACCORDANCE WITH
SECTION _______________________ OF THE SITE PLAN ORDINANCE.
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Date:
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Building Subcode Official:
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Borough Engineer:
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g.
To be signed prior to issuance of certificate of occupancy:
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I HEREBY CERTIFY THAT ALL THE REQUIRED IMPROVEMENTS OF THIS
SITE PLAN HAVE BEEN INSTALLED IN COMPLIANCE WITH ALL APPLICABLE CODES
AND ORDINANCES.
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Date:
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Building Subcode Official:
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Borough Engineer:
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OCCUPANCY PERMIT ISSUED
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Date:
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[Ord. No. 10-77, A6]
In reviewing any site plan, the borough agency shall consider:
a.
The design and layout of buildings and parking areas shall be reviewed
so as to provide an aesthetically pleasing design and efficient arrangement.
Particular attention shall be given to safety and fire protection;
impact on surrounding development, contiguous and adjacent buildings
and lands; and environmental and ecological considerations.
b.
Buffering where required shall be located around the perimeter of
the site to minimize headlights of vehicles, noise, light from structures,
the movement of people and vehicles and to shield activities from
adjacent properties.
c.
Pedestrian and vehicular traffic movement within and adjacent to
the site with particular emphasis on the provision and layout of parking
areas, offstreet loading and unloading, movement of people, goods
and vehicles from access roads, within the site between buildings
and between buildings and vehicles.
The borough agency shall ensure that all parking spaces are
usable, and safely and conveniently arranged. Access to the site from
adjacent roads shall be designed so as to interfere as little as possible
with traffic flow on these roads and to permit vehicles a rapid and
safe ingress and egress to the site.
d.
Adequate lighting shall be provided to ensure safe movement of persons
and vehicles and for security purposes. Lighting standards shall be
a type approved by the borough agency. Directional lights shall be
arranged so as to minimize glare and reflection on adjacent properties.
e.
Landscaping shall be provided as part of the overall site plan designed
and integrated into building arrangements, topography, parking and
buffering requirements.
f.
Pedestrian circulation within a parking area shall be to as great
an extent possible, separated from vehicular traffic. Safety zones,
crossing points and sidewalk areas where warranted shall be provided.
g.
Garbage disposal shall be reviewed to ensure frequent collection,
protection against vermin and rodents and aesthetic considerations.
All systems shall meet borough specifications as to installation and
construction.
h.
Signs shall be designed so as to be aesthetically pleasing, harmonious
with other signs on the site and located so as to achieve their purpose
without constituting hazards to vehicles and pedestrians.
i.
The use of pedestrian carts or other similar accessory vehicles shall
not be permitted to be retained within the driving area of the parking
facility.
j.
Location of driveways. All entrance and exit driveways to a public
or private street shall be so located to afford maximum safety to
the roadway.
k.
The borough agency shall approve the location of all proposed parking
spaces on the site and shall take into consideration the size and
topography of the site, visibility from the site to the adjoining
street as well as within the parking areas, conditions of safety relating
to the movement of people and vehicles, and the elimination of nuisance
factors including glare, noise, dust and other similar considerations.
l.
Storm drainage, sanitary waste disposal, water supply and garbage
disposal shall be reviewed and considered. Particular emphasis shall
be given to the adequacy of existing systems and the need for improvements,
to adequately carry runoff, sewage and maintain an adequate supply
of water at sufficient pressure.
m.
Aisle widths. Provisions shall be made for safe and adequate circulation
of pedestrians and vehicles within and adjoining the subject property.
The width of all aisles providing direct access to individual parking
stalls shall be in accordance with standards of this chapter and of
the borough.
n.
Geometric design. The geometric design of a driveway connection to
a public or private street shall be governed by sound traffic engineering
principles. The foregoing principles and guidelines are to be utilized
in preparing a geometric design, but some deviation may be necessitated
due to the many variables encountered in the course of preparing a
design. The applicant should be aware, therefor, that although the
driveway layout may conform to these principles and guidelines conditions
may dictate deviations from them and requirements of the borough engineer
shall be final.
o.
Any vertical curve on a driveway shall be flat enough to prevent
the dragging of any vehicle undercarriage and shall provide a clear
view of traffic on the street intersecting with the driveway.
p.
Should the sidewalk be so close to the curb at a depressed curb driveway
as to cause the ramp to be too steep and be likely to cause undercarriage
drag, the sidewalk shall be appropriately lowered to provide a suitable
ramp gradient.
q.
Circulation within parking areas. Except for attendant parking, all
parking spaces shall be designed free and clear of any obstruction
to individual parking stalls.
Such parking spaces shall be located in such a fashion as to
permit all vehicles to exit same in a safe and orderly manner. Under
no condition shall vehicles be permitted to back out of a parking
lot driveway or otherwise block the free movement of traffic within
the parking area or specific points of safety control, such as fire
hydrants, doorways, elevators or other similar locations.
Aisle widths and circulation pattern shall be designed to permit
emergency and service vehicles such as delivery trucks, solid waste
collection vehicles and the like to have reasonable access to and
space for their intended functions.
r.
Curbing at driveway openings. Where a proposed driveway is to serve
any land development of five or more parking spaces, curbing need
not be carried across the driveway opening as a depressed curb, but
rather may be swept back at curb returns. Where the driveway serves
a facility having less than five parking spaces, a depressed curb
driveway shall be utilized.
s.
Buffer areas, fencing, screening and landscaping. Buffer areas, planting
strips, fencing and screening may be required by the borough agency
to ensure privacy and harmonious conditions between adjoining land
uses. The borough agency shall approve a landscaping plan which shall
include the type of material to be used, the height of such improvements,
the seasonal nature of any plant materials and the maintenance of
same.
Landscaping may include the use of trees, shrubs, ground cover,
plants, sculpture, art and other ornamental devices and the use of
building and paving materials in an imaginative manner.
t.
Curbing - general. Where curbing is lacking, an applicant for site
plan approval shall install curbing along the extent of all property
fronting public and private streets in accordance with the standards
and specifications of the borough.
u.
The surface of any driveway shall be constructed with a permanent
pavement of a type or types specified by standards set by the borough
engineer. Such pavement shall extend to the paved portion of public
street pavement.
v.
Alignment and grade. The alignment and grade of curbing is to be
determined by that established or existing in the area, unless otherwise
indicated by the borough engineer.
w.
Utility improvements. Gas, electric and telephone service, shall
be provided by the applicant in concern with the appropriate public
utility providing such service. The service on the site shall be provided
as a part of an underground system.
If such facilities cannot be reasonably provided due to topographic
or geologic condition of the land, due to technological circumstances
and where the applicant can adequately demonstrate the lack of feasibility
of same to the satisfaction of the borough agency, a waiver of this
requirement may be granted by the borough agency.
Where existing utility lines such as electric and telephone
poles exist off the site and require relocation as a result of the
proposed development, the borough agency shall be assured that the
relocation will not create or maintain any hazardous conditions.
x.
Noise control. Provision shall be made for the elimination of all
loud and offensive noise to the general public and adjoining properties.
y.
Refuse collection. Provision shall be made for the proper storage
and collection of refuse. All such storage shall be maintained within
the confines of an enclosed building or structure and shall be reasonably
accessible for vehicular collection on the site.
The Cliffside Park Board of Health may review and approve the
location and method of collection on the site.
z.
Illumination. All exterior lighting for buildings, signs and parking
areas shall not produce any glare beyond the property lines of the
site and shall, where appropriate, be screened or oriented in such
a fashion to prevent same.
Such lighting shall not be permitted which requires a flashing
or intermittent illumination. Lighting which requires change in color,
intensity or hue shall likewise be prohibited except when completely
shielded from the external segments of the property.
The lighting shall in no way interfere with, detract from or
diminish in any way from the effectiveness of any traffic signal or
similar safety or warning device.
aa.
Water supply and sanitary sewage disposal. Adequate provisions for
water supply and sanitary sewage disposal shall be indicated. The
facilities shall include and not be limited to approvals where appropriate,
of the borough engineer, building subcode official, department of
health and fire department. The locations of all proposed fire hydrants
or similar facilities shall be indicated on the plan and the areas
shall provide for appropriate fire lanes or protective areas which
shall not be impeded by parking or standing vehicles or other obstructions.
The location and construction of the hydrants shall comply with applicable
fire department regulations.
bb.
Storm water drainage. Each site plan submitted to the borough agency
shall be reviewed by the borough engineer to establish requirements
to prevent adverse drainage conditions both on and off the site.
The drainage system shall be designed in conformance to accepted
engineering standards. To facilitate the review of proposed drainage
facilities for development, design calculations prepared by the applicant's
engineer shall accompany the application. The design considerations
shall include and not be limited to drainage areas, runoff calculations,
storm drains, pipelines, inlet designs and manholes.
Unless otherwise stipulated by the borough engineer, drainage
facilities shall be designed on the basis of a one-hundred year storm,
using a one hour intensity of two inches.
cc.
Each site plan submitted shall insure that the streets laid out in
the subdivision or land development are of sufficient width and suitable
grade and are suitably located to accommodate prospective traffic
and to provide access for fire fighting and emergency equipment to
buildings and are coordinated so as to compose a convenient system
consistent with the official map and circulation element of the master
plan, where adopted, provided however, that no street of a width greater
than 50 feet within the right-of-way lines shall be required unless
the street constitutes an extension of an existing street of a greater
width or already has been shown at a greater width on the master plan
or on the official map.
dd.
Each site plan submitted shall include and delineate actual or potential
flood hazards and proposed measures for alleviating actual or potential
flooding conditions which do or could pose a danger to life or property.
ee.
Each site plan submitted shall set forth measures proposed to protect
and conserve soil from erosion by wind or water or from excavation
or grading.
ff.
Each site plan submitted shall seek to preserve to the fullest extent
practicable, the existing natural resources of the site.
gg.
Each site plan submitted shall insure and certify that the layout
or arrangement of the subdivision or land development is consistent
in all respects with the requirements of the zoning ordinance.
|
Notwithstanding the requirements herein, the borough agency
may permit a deviation from the final plan if complete compliance
cannot be achieved by reason of a change of conditions beyond the
control of the development since the date of final approval and the
deviation would not substantially alter the character of the development
or substantially impair the intent and purpose of the master plan
and zoning ordinances.
|
[Ord. No. 10-77, A7]
Before final approval of a site plan, the borough agency may
require in accordance with standards adopted by ordinance, the furnishing
of a performance guarantee of all or any of the following improvements
it may deem necessary or appropriate; street grading, pavement, curbs,
sidewalks, fire hydrants and boxes, street signs, street lighting,
shade trees, surveyors' monuments, water mains, culverts, bridges,
storm sewers, sanitary sewers or other means of sewage disposal, drainage
facilities and easements therefor of structures and other improvements
as the borough agency may require or deem necessary in the public
interest, even though the improvement may be required to be located
outside the property limits of the subdivision or development, so
long as same are necessitated or required by construction or improvement
within such subdivision or development and provided further that the
developer shall not be required to pay more than his pro rata share
of the cost of such off tract improvements.
The borough agencies shall establish fair and reasonable standards
to determine the proportionate or pro rata amount of the cost of such
facilities that shall be borne by each developer or owner within a
related or common area which standards shall not be altered subsequent
to preliminary site plan approval.
The developer may pay under protest the amount determined to
be his pro rata share, however, such developer shall be required to
institute legal action within one year of such payment under protest
in order to preserve his right to a judicial determination as to the
fairness or reasonableness of the account allocated by the borough
agency as his pro rata share.
[Ord. No. 10-77, A7]
All improvements specified by this chapter or required by the
borough agency shall require the posting of a performance guarantee
to assure the installation of the required improvements prior to approval
of any final plan. Such performance guarantee may be in the form of
a performance bond which shall be issued by a bonding or surety company
approved by the borough, a certified check returnable to the landowner
after full compliance, or other type of surety approved by the borough
attorney. The performance guarantee shall be approved by the borough
attorney as to form, sufficiency and execution.
The amount of any performance guarantee may be reduced by the
mayor and borough council by resolution when portions of the improvements
have been completed and the time allowed for installation of the improvements
for which the performance guarantee has been provided may be extended
by the mayor and council by resolution.
If the required improvements shall not have been installed or
corrected in accordance with the performance guarantee, the obligor
and surety, if any, shall be liable thereon to the borough for the
reasonable or corrected cost of the improvements not installed or
corrected and upon the receipt of the proceeds thereof, the borough
shall install such improvements.
When all of the necessary and appropriate improvements have
been completed, the obligor shall notify the mayor and borough council
in writing, by certified or registered mail, of the completion of
the aforesaid improvements and shall send a copy thereof to the borough
engineer. The borough council shall direct and authorize the borough
engineer to inspect all of the aforesaid improvements. The borough
engineer, shall thereupon, file a report in writing, with the borough
council, which report shall be detailed and shall indicate either
approval, partial approval or rejection. If the improvements, or any
portion thereof, shall not be approved, the reports shall contain
a statement of reasons for such nonapproval or rejections. Where the
report indicates partial approval of improvements it shall indicate
the cost of the improvements for which approval is rejected or withheld.
The mayor and borough council shall accept or reject the improvements,
grant partial approval or withhold approval, on the basis of such
report and shall notify the obligor in writing by certified or registered
mail of the contents of the report and the action of the borough council
with relation thereto no later than 65 days after receipt of 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 guarantee bond, except for that portion
adequately sufficient to secure the improvements not yet approved.
Failure by the borough council to send such notification to
the obligor within 65 days shall be deemed to constitute approval
of the improvements and the obligor and surety shall be released from
all liability pursuant to such performance guarantee.
If any portion of the improvements shall not be approved or
shall be rejected by the borough council, the obligor shall cause
the same to be completed and, upon completion, the same procedure
of notification, as outlined herein, shall be followed.
The obligor shall be responsible for all of the inspection fees of the borough engineer incurred in making the foregoing inspections. Nothing herein shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the borough agency or borough engineer. In no event shall the borough agency require the furnishing of a performance guarantee in an amount in excess of 120 percent of the cost of installation or improvements it may deem necessary or appropriate. Nothing herein shall affect the obligation of any person relating to the posting of appropriate maintenance bonds as provided in subsection 20-7.3.
[Ord. No. 10-77, A7]
In accordance with N.J.S.A. 40: 55D-53a-2, as amended, the borough
shall require the depositing of a maintenance guarantee for a period
not to exceed two years after final acceptance of the improvement,
in an amount not to exceed 15 percent of the cost of the improvements
or of the original installation, as determined by the borough engineer.
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 or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the borough for such utilities or improvements.
[Ord. No. 10-77, A8]
The borough agency shall not formally accept an application for site plan approval unless the conditions set forth in subsection 20-8.1 herein and other conditions specified elsewhere have been complied with.
a.
Application form. Ten copies of the application form, to be provided by the secretary of the borough agency, shall be completed in accordance with Section 20-5 hereof and submitted to the borough agency.
b.
Maps and reports. Ten copies of all maps and written reports shall
be provided and submitted to the borough agency.
[Ord. No. 10-77, A8]
a.
The borough agency shall formally accept the application for a site plan once conditions established in subsection 20-8.1 have been complied with. If an application for development is found to be incomplete, the developer shall be notified thereof, within 45 days of the submission of such application, or it shall be deemed to be properly submitted.
b.
If the planning board shall determine that the application for preliminary
site plan review does not comply with the requirements of this chapter,
the applicant shall be notified thereof within 45 days of the submission
of such application, or it shall be deemed to be properly submitted.
c.
Amendments required. If the planning board shall determine that any
substantial amendment is required in the layout of improvements proposed
in the application which have been the subject of a hearing, the applicant
shall submit an amended application for preliminary site plan review,
and said amended application shall then be considered by the planning
board as an original application for preliminary site plan review.
Preliminary site plan approval may then be granted by the planning
board if it determines that the application complies with the requirements
of this chapter.
[Ord. No. 10-77, A8]
a.
If the application before the planning board shall be solely for
site plan review, the planning board shall hold a hearing on the application
at its next regularly scheduled public meeting, or at any special
meeting properly scheduled for the hearing of the application, provided,
however, that no hearing shall be held less than 14 days after receipt
of a complete submission for site plan review. Pursuant to N.J.S.
40:55D-12 a-1, no public notice of the hearing shall be given unless
the planning board shall schedule a special meeting for purposes of
hearing the application. In either event, no notice need be given
to those normally entitled to receive notice pursuant to 40:55D-12
a, b, c, d, e, f and g.
b.
Time for determination. On all applications for which only preliminary
site plan review is sought the planning board shall grant or deny
preliminary approval within 45 days of the submission of the completed
site plan application for ten acres of land or less, or within such
further time as may be consented to by the applicant. Otherwise, the
planning board shall be deemed to have granted preliminary approval
of the site plan.
[Ord. No. 10-77, A8]
a.
Whenever application for site plan approval shall be made to the
planning board, and shall include a request for variances pursuant
to N.J.S. 40:55D-70c, the application for site plan approval to the
planning board must be granted or denied within 95 days after submission
by the applicant of a complete application or within such further
time as may be consented to by the applicant. Failure of the planning
board to act within the period prescribed shall constitute approval
of the application, and a certificate shall be issued by the secretary
of the planning board on request of the applicant, setting forth the
failure of the planning board to act within the prescribed time period,
and the certificate shall be deemed sufficient in lieu of written
endorsement or other evidence of approval required, and shall be so
accepted by the clerk of Bergen County for purposes of filing subdivision
plans.
b.
If the application for preliminary site plan review shall be included
in conjunction with an application before the planning board for conditional
uses pursuant to N.J.S. 40:55D-67a, the planning board shall grant
or deny site plan approval within 95 days of submission of a complete
application by the applicant, or within such future time as may be
consented to by the applicant. Failure of the planning board to act
within the period prescribed shall constitute approval of the application.
c.
If any application made pursuant to subsection 20-8.4 requires review or approval by the Bergen County planning board pursuant to N.J.S. 40:276.3 or N.J.S. 40:276.6, the planning board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Bergen County planning board or approval by the Bergen County planning board as a result of its failure to report to the planning board on the application submitted within 30 days from the date of receipt of the application, unless by mutual agreement between the planning board and the Bergen County planning board, and with the approval of the applicant, the 30 day period shall be extended for an additional 30 day period.
[TO BE AMENDED; Ord. No. 10-77, A8]
[Ord. No. 10-77, A8]
a.
Whenever any application for site plan review is submitted to the
board of adjustment in connection with a variance application pursuant
to N.J.S. 40:55D-70d, the board of adjustment shall render a decision
not later than 120 days after the date (1) an appeal is taken to the
board of adjustment from the decision of the building subcode, or
(2) the submission of a completed application to the board of adjustment
pursuant to N.J.S. 40:55D-72b or (3) within such further time as may
be consented to by the applicant.
b.
The provisions of subsection 20-8.5 and the procedures governing all applications made pursuant to subsection 20-8.4 herein shall govern applications made pursuant to subsection 20-8.6. When hearing any application for site plan review under this section, the board of adjustment may refer the application to any appropriate person or agency, including the planning board, pursuant to N.J.S. 40:55D-26 for a report provided that such referral shall be deemed to extend the period of time within which the board of adjustment must act.
[Ord. No. 10-77, A8]
Preliminary approval of a site plan application pursuant to
N.J.S. 40: 55D-46 shall, except as hereafter provided, confer upon
the applicant the following rights for a three year period from the
date of preliminary approval:
a.
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 and, in the case
of a site plan, and requirements peculiar to site plan approval pursuant
to N.J.S. 40:55D-41, 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;
b.
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 or site plan, as the
case may be; and
c.
That the applicant may apply for and the borough agency 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.
d.
In the case of a subdivision of or site plan for an area of 50 acres or more, the borough agency may grant the rights referred to in subsection a, b, and c above for such period of time, longer than three years, as shall be determined by the borough agency to be reasonable, taking into consideration:
1.
The number of dwelling units and nonresidential floor area permissible
under preliminary approval.
2.
Economic conditions.
3.
The comprehensiveness of the development.
|
The applicant may apply for thereafter and the borough agency
may thereafter grant an extension to preliminary approval for such
additional period of time as shall be determined by the borough agency
to be reasonable, taking into consideration:
| ||
|
1.
|
The number of dwelling units and nonresidential floor area of
the sections awaiting final approval.
| |
|
2.
|
Economic conditions.
| |
|
3.
|
The comprehensiveness of the development; provided, that if
the design standards have been revised, such revised standards may
govern.
| |
[Ord. No. 10-77, A8]
The borough agency shall grant final approval where final and
detailed drawings, specifications and estimates of the application
for final approval conform to the standards established herein, the
conditions of preliminary approval have been met, and in the case
of a major subdivision, the standards prescribed by N.J.S. 46:23-9.9
et seq., within the following time periods for determination:
a.
Final approval shall be granted or denied within 45 days after submission
of a complete application to the secretary of the borough agency,
and building subcode official or within such further time as may be
consented to by the applicant.
b.
Failure of the borough agency to act within the period prescribed shall constitute approval of the application. If any application made pursuant to subsections 20-8.4 and 20-8.6 requires review or approval by the Bergen County planning board pursuant to N.J.S. 40:27-6.3 or N.J.S. 40:27-6.6, the borough agency shall condition any approval it grants upon timely receipt of a favorable report on the application by the Bergen County planning board or approval by the Bergen County planning board as a result of its failure to report to the borough agency on the application submitted within 30 days from the date of receipt of the application, unless by mutual agreement between the borough agency and the Bergen County planning board, and with the approval of the applicant, the 30 day period shall be extended for an additional 30 day period.
[Ord. No. 10-77, A8]
a.
The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer pursuant
to N.J.S. 40:55D-49, whether conditionally or otherwise, shall not
be changed for a period of two years after the date of final approval;
provided that in the case of major subdivision, the rights conferred
by this section shall expire if the plat has not been duly recorded
within the time period provided in N.J.S. 40:55D-54. If the developer
has followed the standards prescribed for final approval, and, in
the case of a subdivision, has duly recorded the plat as required
in N.J.S. 40: 55D-54, the borough agency 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
pursuant to N.J.S. 40:55D-49 for the section granting final approval.
b.
In the case of a site plan for 150 acres or more, the borough agency
may grant the rights referred to in the preceding section of this
chapter for such period of time, longer than two years, as shall be
deemed by the borough agency to be reasonable, taking into consideration:
1.
The number of dwelling units and nonresidential floor area permissible
under final approval.
2.
Economic conditions.
3.
The comprehensiveness of the development.
|
The developer may apply for thereafter, and the borough agency
may thereafter grant, such extension of final approval for additional
period of time which shall be deemed by the borough agency to be reasonable,
taking into consideration:
| ||
|
1.
|
The number of dwelling units and nonresidential floor area permissible
under final approval.
| |
|
2.
|
Economic conditions.
| |
|
3.
|
The comprehensiveness of the development.
| |
[Ord. No. 10-77, A8]
In the event of a failure to comply with any condition of site
plan approval, the building subcode official on his own initiative,
or upon recommendation from the borough engineer, may revoke the building
permit or certificate of occupancy, as the case may be, and seek to
enjoin the violation, or take such other steps as permitted by law.
[Ord. No. 10-77, A8]
The borough agency may authorize the building subcode official
to issue a temporary certificate of occupancy, not to exceed a maximum
of 180 days, if, in the borough agency's opinion, or in the borough
engineer's opinion, as may be authorized by borough agency resolution,
the delay in meeting the requirements of site plan approval is in
the best interests of the community or the delay was caused by factors
beyond the control of the applicant or if the delay will impose a
severe hardship on the applicant. The temporary certificate of occupancy
may be granted where weather or other similar conditions beyond the
control of the applicant will prevent compliance with the conditions
of site plan approval.
[Ord. No. 26-77]
Upon submission of an application for site plan approval all
applicants shall be required to submit specified fees in accordance
with the following schedule at the office of the secretary of the
borough agency.
The following fees, exclusive of subdivision or other fees,
shall accompany the appropriate application. The fees shall be paid
in cash, certified or bank check, payable to the Borough of Cliffside
Park as follows:
[Ord. No. 26-77]
a.
For approval of multi-family residential including garden apartments
and townhouses, one hundred ($100.00) dollars plus five ($5.00) dollars
for each proposed dwelling unit.
b.
All other site plan approvals, ten ($10.00) dollars per 1,000 square
feet of gross floor area or a minimum of seventy-five ($75.00) dollars
whichever is greater.
[Ord. No. 26-77]
a.
For approval of multi-family residential including garden apartments
and townhouses, two dollars and fifty ($2.50) cents per dwelling unit
provided that the minimum fee shall be fifty ($50.00) dollars.
b.
All other site plan approvals, five ($5.00) dollars per 1,000 square
feet of gross floor area, or a minimum of fifty ($50.00) dollars whichever
is greater.
[Ord. No. 26-77]
a.
For approval of multi-family residential including garden apartments
and townhouses, one hundred twenty-five ($125.00) dollars plus seven
($7.00) dollars for each proposed dwelling unit.
b.
All other site plan approvals, twelve ($12.00) dollars per 1,000
square feet of gross floor area or a minimum of one hundred ($100.00)
dollars whichever is greater.
[Ord. No. 26-77]
a.
For change of occupancy or change of use without any new construction
to building or parking areas, twenty-five ($25.00) dollars.
[Ord. No. 26-77]
a.
For approval of an amended site plan application, fifty ($50.00)
dollars.
[Ord. No. 26-77]
The applicant shall deposit a sum sufficient to cover the engineering
review, investigation and inspection of bonded improvements together
with a sum sufficient in the opinion of the municipal agency, to cover
legal and planning costs, recording fees and all other costs in connection
with the site plan. In the event such fees are insufficient to cover
expenses, an additional fee will be required to be posted to pay such
additional expenses.
[Ord. No. 26-77]
The following fees shall be applicable for the services described
herein:
[Ord. No. 26-77]
In addition to the required filing review and inspection fees
established herein, the applicant shall be required to establish one
or more escrow accounts with the borough to cover the reasonable costs
of professional review and inspection. The escrow accounts shall be
required for preliminary site plan approval, final site plan approval,
any site plan requiring conditional use approval, any site plan requiring
subdivision approval, any site plan requiring planned development
approval, and any site plan requiring a variance of any type.
Upon receipt of an application for one of the above applications,
the administrative officer shall send a copy of the application and
one set of all maps and reports to the borough engineer, the planning
consultant and the borough agency's attorney, and any other professionals
authorized by the borough agency. Within seven days of the receipt
of same, the professionals shall submit an estimate of funds sufficient
in the amount to undertake technical reviews and findings of facts
relative to the application at hand. Such estimated fees shall be
approved by the borough agency. The applicant shall deposit forthwith
upon demand, funds to meet such estimates, which funds shall be required
to be placed in an escrow account by the borough treasurer to be used
as follows:
a.
The borough engineer, planning consultant, borough agency's attorney
or any other professionals engaged shall submit vouchers for all necessary
fees for examination and review which fees shall be paid in the ordinary
manner.
b.
Any of the aforesaid monies left in the escrow account upon completion
of the project or phase of the application procedure, as the case
may be, shall be returned to the applicant as soon as possible.
c.
Should additional funds be required after the original funds are
exhausted, such funds as shall, in the judgment of the municipal agency,
be necessary, shall be paid by the applicant, to the borough treasurer
and placed in the appropriate account or accounts.
d.
Upon receipt of sufficient funds for the escrow account, the administrative
officer shall notify the borough engineer, planning consultant, borough
agency's attorney and any other professional engaged, that all appropriate
examinations and reviews shall be undertaken.
e.
The borough attorney shall take no formal action unless all filing
and inspection fees and escrow funds have been paid to the borough
engineer.
[Added 7-13-2021 by Ord.
No. 2021-06]
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 § 20-10.2.
c.
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 7-13-2021 by Ord.
No. 2021-06]
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.
Means those areas with boundaries incorporated by reference
or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
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).
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 section.
Means the increase in soil bulk density.
Means the area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
Means a pedestrian-oriented area of commercial and civic
uses serving the surrounding municipality, generally including housing
and access to public transportation.
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 county planning agency; or
A county water resource association created under N.J.S.A. 58:16A-55.5,
if the ordinance or resolution delegates authority to approve, conditionally
approve, or disapprove municipal stormwater management plans and implementing
ordinances.
[Amended 4-5-2022 by Ord. No. 2022-01]
Means the Department of Environmental Protection.
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.
Means a State Development and Redevelopment Plan Center as
designated by the State Planning Commission such as urban, regional,
town, village, or hamlet.
Means the division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
In the case of development of agricultural land, development
means: any activity that requires a State permit, any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
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.
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.
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.
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.
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.
Means the detachment and movement of soil or rock fragments
by water, wind, ice, or gravity.
Means a stormwater management measure that manages stormwater
close to its source by:
Means an area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
Means a surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
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.
Means an individual "development," as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of one-quarter acre or more of "regulated impervious
surface" since February 2, 2004;
The creation of one-quarter acre or more of "regulated motor
vehicle surface" since March 2, 2021; or
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."
|
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.
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.
Means any city, borough, town, township, or village.
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 section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with § 20-10.4f 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 section.
Means an area designated by the State Planning Commission
concentrating facilities and activities which are not organized in
a compact form.
Means a chemical element or compound, such as nitrogen or
phosphorus, which is essential to and promotes the development of
organisms.
Means any individual, corporation, company, partnership,
firm, association, political subdivision of this State and any state,
interstate or Federal agency.
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.
Means the amount of water from precipitation that infiltrates
into the ground and is not evapotranspired.
Means any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Means any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
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.
Means the lot or lots upon which a major development is to
occur or has occurred.
Means all unconsolidated mineral and organic material of
any origin.
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.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of these
goals and policies.
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.
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).
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 non-stormwater
discharges into stormwater conveyances.
Means a public body authorized by legislation to prepare
stormwater management plans.
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.
Means water flow on the surface of the ground or in storm
sewers, resulting from precipitation.
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.
Means a neighborhood given priority access to State resources
through the New Jersey Redevelopment Authority.
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.
Previously developed portions of areas:
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.
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.
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 7-13-2021 by Ord.
No. 2021-06]
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 7-13-2021 by Ord.
No. 2021-06]
a.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 20-10.10.
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 § 20-10.4p, 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 § 20-10.4o, 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 § 20-10.4o p, q and r to the maximum extent practicable;
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 § 20-10.4d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 20-10.4o, p, q and r that were not achievable onsite.
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 § 20-10.4o, 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.
[Amended 4-5-2022 by Ord. No. 2022-01]
|
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 under 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 to 90
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations (b)through(d) are found under Table 3)
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue Roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended Detention Basin
|
40 to 60
|
Yes
|
No
|
1
|
|
Manufactured Treatment Device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand Filter(c)
|
80
|
Yes
|
No
|
1
|
|
Subsurface Gravel Wetland
|
90
|
No
|
No
|
1
|
|
Wet Pond
|
50 to 90
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 20-10.4o2;
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a ten-foot wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at § 20-10.2;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at § 20-10.2.
|
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 § 20-10.6b. Alternative stormwater management measures may be used to satisfy the requirements at § 20-10.4o only if the measures meet the definition of green infrastructure at § 20-10.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 20-10.4o2 are subject to the contributory drainage area limitation specified at § 20-10.4o2 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 § 20-10.4o2 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 § 20-10.4d is granted from § 20-10.4o.
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 § 20-10.8c;
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 § 20-10.8; 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 § 20-10.2 may be used only under the circumstances described at § 20-10.4o4.
k.
Any application for a new agricultural development that meets the definition of major development at § 20-10.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 20-10.4o, 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 § 20-10.4p, 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 Bergen County Clerk's Office located at: 1 Bergen County Plaza, Hackensack, N.J. 07601. 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 § 20-10.4o, 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 § 20-10.10b5. 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 § 20-10.4 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 Clerk of the County of Bergen 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 § 20-10.4p and q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 20-10.4f and/or an alternative stormwater management measure approved in accordance with § 20-10.4g. 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
|
4.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 20-10.4d 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 § 20-10.4g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 20-10.4p, 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 § 20-10.4p, q and r, unless the project is granted a waiver from strict compliance in accordance with § 20-10.4d.
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 § 20-10.5, 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)
Eighty percent 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 § 20-10.4p, 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 § 20-10.5, 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 7-13-2021 by Ord.
No. 2021-06]
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/stelprdb10441 71.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/2014NJSoilErosionCont
rolStandardsComplete.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 § 20-10.5a1(a) and the Rational and Modified Rational Methods at § 20-10.5a1(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 7-13-2021 by Ord.
No. 2021-06]
Standards for nonstructural management measures are as follows:
a.
Buffers. Buffer areas are required along all lot and street lines
separating residential uses from arterial and collector streets, separating
a nonresidential use from either a residential use or residential
zoning district line, and along all street lines where loading and
storage areas can be seen from the street. The buffer area shall use
native vegetation, which requires less fertilization and watering
than non-native species. Buffer areas may be used for stormwater management
by disconnecting impervious surfaces and treating runoff from these
impervious surfaces. Preservation of natural wood tracts and limiting
land disturbance for new construction must be incorporated where practical.
b.
Curbs and Gutters. Curb cuts or flush curbs with curb stops are encouraged
where practical to allow vegetated swales to be used for stormwater
conveyance and to allow the disconnection of impervious areas where
practical.
c.
Drainage Systems. An existing ordinance[1] may require that all streets be provided with inlets and
pipes where the same are necessary for proper drainage. The use of
natural vegetated swales in lieu of inlets and pipes are encouraged
where practical.
d.
Driveways and Access Ways. The use of pervious paving materials to
minimize stormwater runoff and promote groundwater recharge should
be considered for driveways and access ways where practical. Consideration
should be given for subsurface soil conditions. The use of crowned
driveways is also encouraged to promote disconnectivity between impervious
surfaces and grass areas to promote groundwater recharge.
e.
Natural Features. Natural features, such as trees, brooks, swamps,
hilltops, and views, are to be preserved whenever possible, and that
care be taken to preserve selected trees to enhance soil stability
and landscaped treatment of the area. In addition, forested areas
shall be maintained to ensure that leaf litter and other beneficial
aspects of the forest are maintained in addition to the trees.
f.
Nonconforming Uses, Structures or Lots. The existing ordinance may
allow an applicant/owner of an existing use to propose additions or
alterations that exceed the permitted building and/or lot coverage
percentages. The applicant should mitigate the impact of the additional
impervious surfaces unless the stormwater management plan for the
development provided for these increases in impervious surfaces. This
mitigation effort must address water quality, flooding and groundwater
recharge.
g.
Off-Site and Off-Tract Improvements. Any off-site and off-tract stormwater
management and drainage improvements must conform to the "Design and
Performance Standards" described.
h.
Off-Street Parking and Loading. Parking lots with more than 10 spaces
and all loading areas should allow for flush curb with curb stop,
or curbing with curb cuts to encourage developers to allow for the
discharge of impervious areas into landscaped areas for stormwater
management. The use of natural vegetated swales for the water quality
design storm, with overflow for larger storm events into storm sewers
should be utilized where practical. A developer may demonstrate that
fewer spaces would be required, provided area is set aside for additional
spaces if necessary. Pervious paving could be provided overflow parking
areas.
i.
Performance Standards. This section can provide for pollution source
control and must be evaluated in order to prohibit materials or wastes
from being deposited upon a lot in such form or manner that they can
be transferred off the lot, directly or indirectly, by natural forces
such as precipitation, evaporation or wind. Materials and wastes that
might create a pollutant or a hazard shall be enclosed in appropriate
containers.
j.
Shade Trees.
1.
Shade Trees. This paragraph shall require a minimum of shade trees
per lot to be planted in the front or side or rear yards for every
development application, including single family and duplex developments
at minimum of two trees per every development application with each
tree being at least four inches in caliper width or two trees for
every tree destroyed by construction of at least four inches caliper,
width with the greater standard applying.
2.
This paragraph also restricts and controls the removal of mature
trees throughout the borough. No healthy tree may be removed without
approval of the building department and/or mayor and council; prior
to removal the property tree owner shall obtain a permit authorizing
removal. The cost of the permit shall be $25.
3.
This paragraph recognizes that the preservation of mature trees and forested areas must be considered in the management of environmental resources, particularly watershed management, air quality, and ambient heating and cooling. A "critical disturbance area" that extends beyond the driveway and building footprint where clearing of trees cannot occur shall be depicted on the plan minimizing land disturbance. Identification of forested areas and the percentage of wooded areas or trees be protected from disturbance shall also be provided. This provision of this § 20-10.5Bj1, 2 or 3 shall not be waivable.
k.
Sidewalks. Sidewalks should be designed to discharge stormwater to
the curb or where feasible to discontinue use of impervious surfaces
or use permeable paving materials where appropriate.
l.
Soil Erosion and Sediment Control. The applicant shall comply with
the New Jersey Soil Erosion and Sediment Control Standards and shall
incorporate signs to retain and protect natural vegetation; minimize
and retain water runoff to facilitate groundwater recharge; and install
diversions, sediment basins, and similar required structures prior
to any on-site grading or disturbance.
|
Further guidance on the implementation of these strategies can
be found in the NJDEP Stormwater Best Management Practices Manual,
April 2004, as amended.
|
[Added 7-13-2021 by Ord.
No. 2021-06]
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 7-13-2021 by Ord.
No. 2021-06]
a.
Site design features identified under § 20-10.4f above, or alternative designs in accordance with § 20-10.4g 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 § 20-10.7a2 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 seven square inches, or is no greater
than 0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
(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 seven square inches, or be no greater than
two 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 inch.
|
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2
and 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 7-13-2021 by Ord.
No. 2021-06]
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 § 20-10.8c1, § 20-10.8c2, and § 20-10.8c3 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 § 20-10.8c, 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 § 20-10.8e 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.
[Amended 4-5-2022 by Ord. No. 2022-01]
|
Elevation View - Basin Safety Ledge Configuration
 |
[Added 7-13-2021 by Ord.
No. 2021-06]
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 § 20-10.9c 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.
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 § 20-10.3 through § 20-10.5 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 § 20-10.4 of this section.
(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 § 20-10.10.
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 § 20-10.9c1 through § 20-10.9c6 of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
[Added 7-13-2021 by Ord.
No. 2021-06]
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 § 20-10.10b3 above is not a public agency, the maintenance plan and any future revisions based on § 20-10.10b7 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 § 20-10.10b3 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 § 20-10.10b6 and b7 above.
8.
The requirements of § 20-10.10b3 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 7-13-2021 by Ord.
No. 2021-06]
Any person who erects, constructs, alters, repairs, converts,
maintains, or uses any building, structure or land in violation of
this section shall be subject to the following penalties:
|
Offense
|
Fine
|
Court Cost
|
Engineering Costs
|
|---|---|---|---|
|
1st offense
|
$250
|
$100
|
$500
|
|
2nd offense
|
$500
|
$150
|
$500
|
|
Subsequent offenses
|
$1,000
|
$500
|
$500
|
The municipality shall be permitted to issue a summons daily,
as it is the intended purpose of this section to declare that a violation
can occur on daily basis.
[Added 7-13-2021 by Ord.
No. 2021-06]
This section shall be enforced by the Borough Property Maintenance
Officer, Zoning Officer, or the Borough Engineer or their designee.
[Ord. No. 10-77, A10]
In the interpretation and the application of the provisions
of this chapter, they shall be held to be the minimum requirements
for the promotion of the health, safety, morals and general welfare.
It is not intended to interfere with or abrogate or annul other rules,
regulations or ordinances, provided, however, that where this chapter
imposes greater restrictions, the provisions of this chapter shall
apply.
