[1969 Code 62-1; Ord. No. 656]
This chapter shall be known and may be cited as the "Land Subdivision
and Site Plan Regulations of the Township of Fairfield."
[1969 Code § 62-2; Ord. No. 656]
The purpose of this chapter shall be to provide rules, regulations
and standards to guide land subdivision and site development in the
Township in order to promote the public health, safety, convenience
and general welfare of the municipality. It shall be administered
to ensure the orderly growth and development, the conservation, protection
and proper use of land and adequate provision for circulation, utilities
and services.
[1969 Code § 62-3; Ord. No. 656]
The approval provisions of this chapter shall be administered
by the Township of Fairfield Planning Board in accordance with Chapter
291 of the Laws of New Jersey 1975.
[1969 Code § 62-4; Ord. No. 656]
As used in this chapter:
Shall mean the Secretary of the Planning Board.
Shall mean developer submitting an application for development.
Shall mean the application form and all accompanying documents
required by this chapter for the approval of a subdivision plat, site
plan, conditional use, zoning variance or direction of the issuance
of a permit pursuant to Chapter 291 of the Laws of New Jersey 1975.
Shall mean the Planning Board of the municipality unless
a different agency is designated by ordinance when acting pursuant
to the authority of Chapter 291 of the Laws of New Jersey 1975.
Shall mean the Board established by the Zoning Ordinance
of the Township of Fairfield.
Shall mean a combination of materials to form a construction
adapted to permanent, temporary or continuous occupancy and having
a roof.
Shall mean a governmental acquisition of real property or
major construction project.
Shall mean systems, structures and physical improvements
for the movement of people, goods, water, air, sewage or power by
such means as streets, highways, railways, waterways, towers, airways,
pipes and conduits.
Shall mean a use permitted in a particular zoning district
only upon showing that such use, in a specified location, will comply
with the conditions and standards for the location or operation of
such use, as contained in the Zoning Ordinance, and upon the issuance
of an authorization therefor by the Planning Board.
Shall mean the construction specifications and standard construction
details as prepared by Charles G. Burns, Municipal Engineer, Township
of Fairfield, as amended and supplemented.
Shall mean a composite of the Master Plan for the physical
development of Essex County, with the accompanying maps, plats, charts
and descriptive and explanatory matter adopted by the County Planning
Board pursuant to N.J.S.A. 40:27-2 and 27-4.
Shall mean the Planning Board of Essex County.
Shall mean the legal or beneficial owner or owners of a lot
or of any land proposed to be included in a proposed development,
including the holder of an option or contract to purchase, or other
person having an enforceable proprietary interest in such land.
Shall mean the division of a parcel of land into two or more
parcels, the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure
or of any mining, excavation or landfill, and any use or change in
the use of any building or other structure, or land or an extension
of the use of land, for which permission may be required.
Shall mean a Zoning Ordinance, Subdivision Ordinance, Site
Plan Ordinance, Official Map Ordinance or other municipal regulation
of the use and development of land, or an amendment thereto.
Shall mean the removal of surface water or groundwater from
land by drains, grading or other means and includes the control of
runoff to minimize erosion and sedimentation during and after construction
or development and the means necessary for water supply preservation
or prevention or alleviation of flooding.
Shall mean the public or private lands required, reserved, dedicated or prohibited from development and by easement for the installation of stormwater sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the New Jersey Statutes Annotated.
Shall mean the detachment and movement of soil or rock fragments
by water, wind, ice and gravity.
Shall mean the official action of the Planning Board taken
on a preliminarily approved major subdivision or site plan after all
conditions, engineering plans and other requirements have been completed
or fulfilled and the required improvements have been installed or
the guaranties properly posted for their completion or approval has
been conditioned upon the posting of such guaranties.
Shall mean the final map of all or a portion of the subdivision
which is presented to the Planning Board for final approval in accordance
with these regulations and which, if approved, shall be filed with
the proper County Recording Officer.
Shall mean the Mayor and Council of the Township of Fairfield.
Shall mean any building, structure, area or property that
is significant in the history, architecture, archeology or culture
of this State, its communities or the nation and has been so designated
pursuant to law.
Shall mean:
In a criminal or quasi-criminal proceeding, any citizen of the
State of New Jersey.
In the case of a civil proceeding in any Court or in an administrative
proceeding before a municipal agency, any person, whether residing
within or without the municipality, whose right to use, acquire or
enjoy property is or may be affected by any action taken under this
chapter or under any other law of this State or of the United States
has been denied, violated or infringed upon by an action or a failure
to act under this chapter.
Shall mean and include improvements and fixtures on, above
or below the surface.
Shall mean a designated parcel, tract or area of land established
by a plat or otherwise permitted by law and to be used, developed
or built upon as a unit.
Shall mean any security, other than cash, which may be accepted
by a municipality for the maintenance of any improvements required
by this chapter.
Shall mean and include all subdivisions not classified as
minor subdivisions.
Shall mean a composite of the mapped and written proposals
recommending the physical development of the municipality which shall
have been duly adopted by the Planning Board.
Shall mean any subdivision containing not more than three
lots fronting on an existing improved street, not involving any new
street, road or the extension of any on- or off-tract improvements.
Shall mean a lot, the area, dimension or location of which
was lawful prior to the adoption, revision or amendment of a Zoning
Ordinance, but which fails to conform to the requirements of the zoning
district in which it is located by reason of such adoption, revision
or amendment.
Shall mean a structure, the size, dimension or location of
which was lawful prior to the adoption, revision or amendment of a
Zoning Ordinance, but which fails to conform to the requirements of
the zoning district in which it is located by reasons of such adoption,
revision or amendment.
Shall mean a use or activity which was lawful prior to the
adoption, revision or amendment of a Zoning Ordinance, but which fails
to conform to the requirements of the zoning district in which it
is located by reasons of such adoption, revision or amendment.
Shall mean located outside the lot lines of the lot in question
but within the property (of which the lot is a part) which is the
subject of a development application or contiguous portion of a street
or right-of-way.
Shall mean not located on the property which is the subject
of a development application nor on a contiguous portion of a street
or right-of-way.
Shall mean located on the lot in question.
Shall mean located on the property which is the subject of
a development application or on a contiguous portion of a street or
right-of-way.
Shall mean any parcel or area of land or water essentially
unimproved and set aside, dedicated, designated or reserved for public
or private use or enjoyment or for the use and enjoyment of owners
and occupants of land adjoining or neighboring such open space, provided
that such areas may be improved with only those buildings, structures,
streets and off-street parking and other improvements that are designed
to be incidental to the natural openness of the land.
Shall mean any individual, firm, association, syndicate,
copartnership or corporation having sufficient proprietary interest
in the land sought to be subdivided to commence and maintain proceedings
to subdivide the same under this chapter.
Shall mean 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 of Chapter
291 of the Laws of New Jersey 1975.
Shall mean any security which may be accepted by a municipality,
including cash, provided that the Township shall not require more
than 10% of the total performance guaranty in cash.
Shall mean the Municipal Planning Board of the Township established
pursuant to Chapter 291 of the Laws of New Jersey 1975.
Shall mean a map or maps of a subdivision or site plan.
Shall mean the conferral of certain rights pursuant to this
chapter prior to final approval after specific elements of a development
plan have been agreed upon by the Planning Board and the applicant.
Shall mean architectural drawings prepared during early and
introductory stages of the design of a project illustrating in a schematic
form, its scope, scale and relationship to its site and immediate
environs.
Shall mean:
Shall mean a Master Plan, capital improvement program or
other proposal for land development adopted by the appropriate public
body, or any amendment thereto.
Shall mean the land reserved or dedicated for the installation
of stormwater sewers or drainage ditches or required along a natural
stream or watercourse for preserving the channel and providing for
the flow of water to safeguard the public against flood damage, sedimentation
and erosion.
Shall mean an open space area conveyed or otherwise dedicated
to a municipality, municipal agency, Board of Education, State or
County agency or other public body for recreational or conservational
uses.
Shall mean the further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law; or the alteration of any streets or
the establishment of any new streets within any subdivision previously
made and approved or recorded according to law, but does not include
conveyances so as to combine existing lots by deed or other instrument.
Shall mean the disposition of soil that has been transported
from its site of origin by water, ice, wind, gravity or other natural
means as a product of erosion.
Shall mean a development plan of one or more lots on which
is shown the existing and proposed conditions of the lot, including
but not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; 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; and any other information that may reasonably be
required in order to make an informed determination pursuant to this
chapter and requiring review and approval of site plans by the Planning
Board, adopted pursuant to Article 6 of Chapter 291 of the Laws of
New Jersey 1975.
Shall mean a Committee which shall be appointed by the Chairman
of the Planning Board.
Shall mean the sketch map of a subdivision of sufficient
accuracy to be used for the purpose of discussion and classification
and meeting the requirements of this chapter.
Shall mean standards adopted by ordinance, pursuant to Section
52 d of Chapter 291 of the Laws of New Jersey, 1975, regulating noise
levels, glare, earthborne or sonic vibrations, heat, electronic or
atomic radiation, noxious odors, toxic matters, explosive and inflammable
matters, smoke and airborne particles, waste discharge, screening
of unsightly objects or conditions and such other similar matters
as may reasonably be required by the municipality; or standards required
by applicable Federal or State law or municipal ordinances.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive or other way which is an existing State, County or
municipal roadway and includes the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas and other areas within the
street lines. For the purpose of this chapter, streets shall be classified
as follows:
Arterial streets shall mean those which are used primarily for
fast or heavy traffic.
Secondary traffic streets shall mean streets connecting places
of relatively dense settlement with each other and with arterial streets
and intended primarily for intermunicipal and commuter traffic.
Connector streets shall mean those which carry traffic from
minor streets to the major system of arterial streets, including the
principal entrance streets of a residential development.
Minor streets shall mean those which are used primarily for
access to the abutting properties.
Shall mean any individual, firm, association, syndicate,
copartnership, corporation trust or any other legal entity commencing
proceedings under this chapter to effect a subdivision of land hereunder
for himself or for another.
Shall mean the division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered "subdivisions"
within the meaning of this chapter, if no new streets are created:
divisions of land found by the Planning Board, or Subdivision Committee
thereof appointed by the Chairman, to be for agricultural purposes
where all resulting parcels are five acres or larger in size; divisions
of property by testamentary or intestate provisions; divisions of
property upon Court order; conveyances so as to combine existing lots
by deed or other instrument. The term "subdivision" shall also include
the term "resubdivision."
Shall mean a way for carrying pedestrian traffic, which may
be located within the right-of-way provided for a street or may be
located adjacent to a property line, between lots, and laid out so
that it may provide pedestrian traffic along a street or road or within
a subdivision connecting two streets.
[1969 Code § 62-5; Ord. No. 656]
a.
Submission for Review. Sketch plats and preliminary site plans, in
order to be acted upon by the Board at its next regularly scheduled
meetings, shall be filed with the Planning Board Secretary 14 days
prior to the regular meeting of the Planning Board. At the time of
application, the developer shall pay all fees and submit six copies
of the application and maps and other documents as required by this
chapter for determination of completeness and thereafter, upon notification
of a completed application, shall submit 14 additional copies or revised
copies, as the case may be.
b.
Minor Subdivision.
1.
The Planning Board Shall Classify the Application. If classified
as a minor subdivision, the minor subdivision shall be approved or
denied within 45 days of the date of submission of a complete application
to the administrative officer 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 minor subdivision approval,
and a certificate of the administrative officer as to the failure
of the Planning Board to act shall be issued on request of the applicant,
and it shall be sufficient in lieu of the written endorsement or other
evidence of approval, herein required, and shall be so accepted by
the County Recording Officer for purposes of filing subdivision plats.
2.
Whenever review or approval of the application by the County Planning
Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3),
the Municipal Planning Board shall condition any approval that it
grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time period.
3.
Approval of a minor subdivision shall expire 190 days from the date
of municipal approval unless within such period a plat in conformity
with such approval and the provisions of the Map Filing Law, P.L.
1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing
the approved minor subdivision is filed by the developer with the
County Recording Officer, the Municipal Engineer and the Municipal
Tax Assessor. Any such plat or deed accepted for such filing shall
have been signed by the Chairman and Secretary of the Planning Board.
4.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision approval was
granted, shall not be changed for a period of two years after the
date of minor subdivision approval, provided that the approved minor
subdivision shall have been duly recorded as provided in this subsection.
5.
Before the Planning Board Secretary returns any approved sketch plat
to the subdivider, the subdivider, at his own expense, shall have
sufficient copies made to provide record copies to Township departments.
c.
Preliminary Site Plan.
1.
The developer shall submit six copies of the site plan application
and such other information as required herein to the Planning Board
Secretary for determination of completeness and thereafter upon notification
of a completed application shall submit 14 additional copies or revised
copies as the case may be. If an application for site plan is found
to be incomplete, the developer shall be notified by the Planning
Board Secretary within 45 days of the submission of such application
or it shall be deemed to be properly submitted.
2.
If the Planning Board requires any substantial amendment in the layout
of improvements proposed by the developer that have been the subject
of a hearing, an amended application for development shall be submitted
and proceeded upon, as in the case of the original application for
development. The Planning Board shall, if the proposed development
complies with this chapter and the Act,[1] grant preliminary site plan approval.
[1]
Editor's Note: Refers to the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
3.
Upon the submission to the Planning Board Secretary of a complete
application for a site plan for 10 acres of land or less, the Planning
Board shall grant or deny preliminary approval within 45 days of the
date of such submission or within such further time as may be consented
to by the developer. Upon the submission of a complete application
for a site plan of more than 10 acres, the Planning Board shall grant
or deny preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the developer.
Otherwise, the Planning Board shall be deemed to have granted preliminary
approval of the site plan.
[1969 Code § 62-6; Ord. No. 656; Ord. No. 92-22; Ord. No. 92-28 § 1]
a.
At least six black-on-white prints of the preliminary plat, together with two completed application forms for preliminary approval, shall be submitted to the Planning Board Secretary 30 days prior to the Planning Board meeting at which consideration is desired. At the time of filing, fees in accordance with subsection 42-3.5 shall be paid to the Planning Board Secretary to defer the administrative and review costs incurred.
b.
The developer shall submit to the Planning Board Secretary plats and such other information as is required in subsection 42-3.8. The plat and any other engineering documents to be submitted shall be required in tentative form for discussion purposes. If found to be incomplete, the developer shall be notified thereof within 45 days of submission of such application or it shall be deemed to be properly submitted. If the application is complete, the applicant shall be so notified and shall submit 14 additional copies or revised copies of the plan, as the case may be.
c.
If the Planning Board requires any substantial amendment in the layout
of improvements proposed by the developer that have been the subject
of a hearing, an amended application shall be submitted and proceeded
upon, as in the case of the original application for development.
The Planning Board shall, if the proposed subdivision complies with
this chapter and the Act, grant preliminary approval to the subdivision.
d.
Upon the submission to the Planning Board Secretary of a complete
application for a subdivision of 10 or fewer lots, the Planning Board
shall grant or deny preliminary approval within 45 days of the date
of such submission or within such further time as may be consented
to by the developer. Upon the submission of a complete application
for a subdivision or more than 10 lots, the Planning Board shall grant
or deny preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the developer.
Otherwise, the Planning Board shall be deemed to have granted preliminary
approval to the subdivision.
e.
The developer shall notify, by registered mail or certified mail
and at least 10 days prior to the hearing, all property owners within
200 feet of the extreme limits of the subdivision as their names appear
on the municipal tax record. Furthermore, the developer shall comply
with the following public notice provisions as applicable:
1.
Notice of hearing on application for development. The contents of
a notice of hearing on an application for development shall state
the date, time and place of the hearing; the nature of the matters
to be considered; an identification of the property proposed for development,
by street address, if any, or by reference to lot and block numbers
as shown on the current tax duplicate in the Municipal Tax Assessor's
officer; and the location and times at which any maps and documents
for which approval is sought are available.
2.
The applicant shall give notice at least 10 days prior to the date
of the hearing.
3.
Public notice of a hearing on an application for development shall
be given except for minor subdivisions or final approval, provided
that public notice shall be given for all applications requesting
a variance. Public notice shall be given by publication in the official
Township newspaper or in a newspaper of general circulation in the
Township.
f.
g.
If the Planning Board acts favorably on a preliminary plat, a notation
to that effect shall be made on the plat.
h.
Effect of Preliminary Approval.
1.
Preliminary approval of a major subdivision, pursuant to this chapter
or of a site plan, except as provided in paragraph d of this subsection
confers upon the applicant the following rights for a three-year period
from the date of the 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 dimension and off-tract improvements; and, in the case
of a site plan, any requirements peculiar to site plan approval, except
that nothing herein shall be construed to prevent the municipality
from modifying by ordinance such general terms and conditions of preliminary
approval as relate to public health and safety.
(b)
That the applicant shall 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.
(c)
That the applicant may apply for and the Planning Board may
grant extensions on such preliminary approval for additional periods
of at least one year but not to exceed a total extension of two years,
provided that if the design standards have been revised by ordinance,
such revised standards may govern.
(d)
All variances granted in conjunction with preliminary approval
shall expire upon the expiration date of the preliminary approval.
2.
In the case of a subdivision or a site plan for an area of 50 acres
or more, the Planning Board may grant the rights referred to in subparagraphs
a, b and c above for such period of time, longer than three years,
as shall be determined by the Planning Board to be reasonable, taking
into consideration the number of dwelling units and nonresidential
floor area permissible under preliminary approval, economic conditions
and the comprehensiveness of the development. The applicant may thereafter
apply for and the Planning Board may thereafter grant an extension
to preliminary approval for such additional period of time as shall
be determined by the Planning Board to be reasonable taking into consideration
the number of dwelling units and non-residential floor area permissible
under preliminary approval; the potential number of dwelling units
and nonresidential floor area of the section or sections awaiting
final approval; economic conditions; and the comprehensiveness of
the development, provided that if the design standards have been revised,
such revised standards may govern.
i.
Variances. Variances granted pursuant to the Municipal Land Use Law
(N.J.S.A. 40:55D) shall expire after three years from the date of
approval unless acted upon by way of Construction Permit for those
applications involving site work or building improvements or unless
acted upon by way of Certificate of Occupancy for those projects not
involving site work or building improvements. The applicant may, however,
receive extensions in connection with such extensions of site plan
or subdivision approvals as may be granted pursuant to Statute.
[1969 Code § 62-7; Ord. No. 656]
a.
Before consideration of a final subdivision plat or final site plan,
the developer will have installed the improvements required by this
chapter or the Planning Board shall require the posting of adequate
performance guaranties to assure the installation of the required
improvements.
b.
It shall be expressly understood that, notwithstanding the posting
of a performance guaranty for a lot in a major subdivision, no Certificate
of Occupancy shall be issued until the subdivider shall have installed
the road subbase, road base and curbs in accordance with Township
specifications and as certified by the Township Engineer, and until
the underground utilities, such as sewer, water, gas, storm drainage
lines and all other underground work, shall have been duly and properly
installed.
[1969 Code § 62-8; Ord. No. 656]
a.
The final plat shall be submitted to the Planning Board Secretary
for forwarding to the Planning Board for final approval within three
years from the date of preliminary approval. The Planning Board shall
act upon the final plat within 45 days after the date of submission
for final approval. Failure of the Planning Board to act within the
period prescribed shall constitute final approval and a certificate
of the administrative officer as to the failure of the Planning Board
to act shall be issued on request of the applicant, and it shall be
sufficient in lieu of the written endorsement or other evidence of
approval herein required and shall be so accepted by the County Recording
Officer for purposes of filing subdivision plats. Whenever review
or approval of the application by the County Planning Board is required
by Section 5 of P.L. 1968, c. 285, (N.J.S.A. 40:27-6.3), in the case
of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6),
in the case of a site plan, the Municipal Planning Board shall condition
any approval that it grants upon the timely receipt of a favorable
report on the application by the County Planning Board or approval
by the County Planning Board by its failure to report thereon within
the required time period.
b.
The applicant shall submit six black-on-white prints and two copies
of the application form for final approval to the Secretary of the
Planning Board at least 30 days prior to the date of the regular Planning
Board meeting. Unless the preliminary plat is approved without changes,
the final plat shall have incorporated all changes or modifications
by the Planning Board. The applicant after receipt of notice of completeness
shall submit 14 additional copies and a Mylar reproducible map, except
no Mylar reproducible copy shall be required for final site plan submission.
c.
The final plat shall be accompanied by a statement by the Township
Engineer that he is in receipt of a map showing all utilities or extensions
thereof in exact location and elevation, identifying those portions
already installed and those to be installed, and that the subdivider
has complied with one or both of the following:
e.
The final plat, after final approval, shall be filed by the subdivider
with the County Recording Officer within 95 days from the date of
such approval. If any final plat is not filed within this period,
the approval shall expire. The Planning Board may, for good cause,
extend the period for recording for an additional period not to exceed
190 days from the date of signing of the plat.
f.
No plat shall be accepted for filing by the County Recording Officer
unless it has been duly approved by the Planning Board of the Township
and signed by the Chairman and Secretary of the Board.
[Ord. No. 984; Ord. No. 91-21 § 1; Ord. No. 2011-03 § 2]
a.
In addition to the filing fees or any other fees required in this
chapter, an applicant shall file with the Administrative Officer an
escrow deposit fee in order that the Township is fully reimbursed
for professional services in connection with the technical review
and processing of applications. Such professional services include,
but are not limited to, shorthand reporting and transcripts, review,
inspections and reports of the Township Administrative Officer, Township
Engineer, Township Planner, Township Attorney, Board Attorney, Consulting
Engineer and any other professionals or consultants whose services
are deemed necessary by the approving authority with respect to processing
the application. The Township Treasurer shall place all such deposits
in an escrow account in the name of the applicant and shall charge
against the account all disbursements in connections with the cost
referred above. Technical review fees shall be calculated in accordance
with the actual time required. All fees charged shall be reasonable
as determined by practice in the respective field of expertise.
b.
At the time of filing an application for development, the applicant shall pay to the Township an initial deposit for technical review fees in accordance with the fee schedule established in Section 40-7 of the Fairfield Township Lane Use Procedures Ordinance.
c.
Administration of Technical Review Deposit Fees.
1.
Each technical review escrow deposit shall be held by the Township
in a trust account separate from the general funds of the Township.
2.
In the event that the funds in the escrow account should become depleted
prior to the completion of the application procedure and additional
funds are necessary to cover the cost of processing the application,
the applicant shall deposit additional funds of not less than 50%
of the initial escrow deposit amount, in order to expedite the processing
of applications by the Township agency, the Administrative Officer
shall notify the applicant when the funds in the escrow account have
been reduced to no less than 25% of the original deposit amount.
3.
The Township agency shall not process and/or take action on the application
unless all fees and deposits required in the manner described above
shall have been paid by the applicant.
4.
All bills submitted to a Township agency by the Planning Consultant,
Engineer, Attorney or other professionals containing charges to be
applied to an escrow account authorized and established pursuant to
this subsection shall specify the services performed in relation to
individually identified applications for which the charges have been
made.
5.
Any of the funds remaining in the escrow account upon completion
of the application procedure, as well as any interest he may be entitled
to, shall be returned to the applicant and the account shall be terminated.
[1969 Code § 62-10; Ord. No. 656]
The following are provisions regarding exceptions in the application
of subdivision or site plan regulations and simultaneous review and
approval.
a.
The Planning Board when acting upon applications for preliminary
or minor subdivision approval shall have the power to grant such exceptions
from the requirements for subdivision approval as may be reasonable
and within the general purpose and intent of the provisions for subdivision
review, 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.
b.
The Planning Board 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,
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.
[1969 Code § 62-11; Ord. No. 656]
The sketch plat shall be signed and sealed by a licensed New
Jersey land surveyor. The lot shall be drawn at a scale preferably
not less than 50 feet to the inch, to enable the entire tract to be
shown on one sheet, and shall show or include, in addition to the
proposed street layout, if applicable, the following information:
a.
A key map, showing the subdivision and its relation to surrounding
areas.
b.
All existing structures, utilities, paved areas, fences and wooded
areas within the portion to be subdivided and within 100 feet thereof.
c.
The names of the owner and of all adjoining property owners as disclosed
by the most recent Municipal Tax Map.
d.
The Tax Map sheet, block and lot number.
e.
All streets or roads and streams within 500 feet of the subdivision.
This may be shown on the key map.
f.
Existing and proposed contours based upon United States Coast and
Geodetic Survey datum.
g.
All existing and proposed lot corner elevations based upon United
States Coast and Geodetic Survey datum.
h.
The lot area, dimensions, bearings (for minor subdivisions only),
proposed lots and remaining lands, if applicable.
i.
Proposed connections with existing water supply and sanitary sewerage
system, or alternative means of providing for water supply and sanitary
waste disposal systems.
j.
Proposed provisions for collecting and discharging water drainage.
k.
All zoning regulations, including setback and lot size.
[1969 Code § 62-12; Ord. No. 656]
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 50 feet. Preliminary plots shall be signed and sealed by a licensed New Jersey land surveyor and engineer. The plat shall be designed in compliance with the provisions of Section 42-5 of this chapter and shall show or be accompanied by the following information:
a.
Key Map. A key map showing the entire subdivision and its relation
to surrounding areas within 1,500 feet.
b.
Additional Information. The tract name, Tax Map sheet, block and
lot number, date and date of revisions, if applicable, as well as
the following:
c.
Acreage. The acreage of the tract to be subdivided, to nearest 1/10
of an acre, and the proposed number of lots, including area and dimensions.
d.
Elevations and Contours. Sufficient elevations and contours, at one
foot vertical intervals to determine the general slope and natural
drainage of the land and the high and low points. Proposed first floor
elevations shall be shown on the plat, together with bench mark(s)
used to determine elevations. Soil logs data and exact location shall
be shown. Soil logs shall be provided at one per acre.
e.
Streets. The proposed street system and rights-of-way for pedestrian
traffic. Elevations at important points on the street system, such
as street intersections, high and low points, etc. Plans and profiles
of existing or future continuing streets should be shown a minimum
distance of 200 feet beyond the subdivision boundaries.
f.
Locations of Property Lines, Recreation Areas, Etc. The location
of existing and proposed property lines, streets and street names,
buildings, watercourses, railroads, bridges, culverts, drainpipes
and any natural features, such as wooded areas and rock formations,
easements and rights-of-way, and the proposed location, size and designation
of recreation areas, open spaces, retention basins, sight triangles,
lakes, etc., will be shown.
g.
Water and Sewer Layout. Plans for proposed water and sewer layout
showing feasible connections to existing or any proposed utility system.
Further, a statement of proposed electric, telephone, cable television
and gas service shall accompany all utility plan proposals.
h.
Drains, Ditches and Streams. Plans and profiles of all proposed and
existing sanitary sewers, storm drains, drainage ditches and streams
within the subdivision, together with the locations, sizes, elevations,
grades and capacities of any existing sanitary sewer, storm drain,
drainage ditch or stream to which the proposed facility shall be connected.
When storm drains, drainage ditches or brook channel improvements
are proposed or required, the plan for such improvements must be approved
by the State Water Policy Commission, if the improvement is of sufficient
size as to so warrant. A brief, but quantitative report, prepared
by a licensed professional engineer, to include all drainage calculations
shall accompany the final plat and shall evaluate the impact of stormwater
runoff on downstream property owners. All off-site drainage improvements
shall be in accordance with the adopted Master Drainage Plan. Plans
shall indicate grades, lengths, diameters, types of material, manholes,
basins, grates and invert elevations. Details of drainage structures
shall be included with the plan.
i.
Percolation Tests. When an individual sewage disposal system is proposed,
the developer shall have percolation tests made and shall submit the
same to the Board of Health for approval. The developer shall show
the location and the results of the percolation tests on the plat.
No subdivision or part thereof shall be approved where results of
the percolation tests do not meet the established requirements of
the Township, nor shall any subdivision or part thereof be approved
where other physical characteristics of the land would cause septic
conditions unhealthy to the public or contrary to the requirements
of this chapter or other applicable ordinances or regulations. Any
remedy proposed to overcome such situations or conditions shall first
be approved by the appropriate local, County or State health agency.
j.
Plans for Individual Sewage Disposal Systems. Plans for individual
sewage disposal system, where the same is proposed. Such plans shall
be approved by the appropriate local, County or State health agency.
k.
Grading. The grade to which it is proposed to level or fill each
lot if change of grade is contemplated, which grade shall be indicated
at lot corners and along lot boundary lines if the proposed grade
along lot boundary lines shall be other than a straight grade from
corner to corner.
l.
Building Locations. The approximate location of each building to
be built on each lot and the grade of the finished surface of the
ground at each corner thereof.
m.
Building Grades. The proposed finished grade of an attached or integral
garage if the lot is a residential building lot.
n.
Minimum Grade. A grade not less than 1 1/2% from the building
to the boundary of the lot and along the side lines of it to the front
or rear lines thereof.
o.
Plan Profile Drawings. The plans and profiles of all proposed streets
and all pertinent existing and proposed storm and sanitary sewers
and appurtenances shall be on sheets 22 inches by 26 inches and at
a horizontal scale of one inch equals 50 feet and a vertical scale
of one inch equals five feet.
p.
Protective Covenants and Deed Restrictions. A copy of any protective
covenants or deed restrictions applying to the land being subdivided
shall be submitted with the preliminary plat.
q.
Signatures. The map must include provisions for signatures of the
Planning Board, Chairman, Secretary and Engineer.
r.
Road Cross Section. The plan shall include a typical road cross section.
[1969 Code § 62-13; Ord. No. 656]
The final plat shall be drawn in ink or tracing cloth or Mylar
at a scale of not less than one inch equals 100 feet and in compliance
with all applicable provisions of Chapter 358 of the Laws of 1953
and N.J.S.A. 46:23-9.8.[1] The final plat shall show or be accompanied by the following:
a.
The name of the subdivision.
b.
The name of the land surveyor who prepared the map and the date of
the survey.
c.
The name and address of the record owner or owners of the tract and
of the subdivider if he is a person other than the owner.
d.
The names of adjacent subdivisions, if any, and of the owners of
adjoining parcels of unsubdivided land.
e.
The North point and a graphic scale.
f.
All boundary lines of the tract, including zone boundary lines.
g.
Bearings and distances to the nearest established street lines or
other recognized permanent monuments which shall be accurately described
on the plat.
h.
The location and description of all monuments.
i.
The length of all angles, radii, internal angles, points of curvature
and tangent bearings.
j.
All lot lines, with accurate dimensions in feet and hundredths, and
with bearings or deflection angles. When lots are located on a curve
or when side lot lines are at angles other than 90°, the width
at the building line shall be shown.
k.
Building setback lines, with dimensions.
l.
Right-of-way lines of streets, street names, the location of sidewalks,
easements and other rights-of-way, land to be reserved or dedicated
to public use and other site lines, with accurate dimensions. The
purpose of any easement or land reserved or dedicated to public use
shall be designated, and the proposed use of sites other than residential
shall be noted.
m.
Each block shall be numbered, and lots within each block shall be
numbered consecutively and shall also include street numbers.
n.
A certification by a licensed land surveyor as to the accuracy of
the details of the plat.
o.
An acknowledgement by the owner or owners of his or their adoption
of the plat and of the dedication of streets and other public areas
shown thereon.
p.
A certificate of the Tax Collector that all taxes and assessments
are paid to date.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
[1969 Code § 62-14; Ord. No. 656; Ord. No. 709]
a.
Except as hereinafter provided, no building permit shall be issued
for a building or change of use or enlargement of any building or
use unless a site plan is first submitted and approved by the Planning
Board, and no Certificate of Occupancy shall be given unless all construction
conforms to the approved preliminary plan. Site plan approval shall
not be required for single family dwellings, two family dwellings,
farms or for such accessory uses as a private garage, tool houses,
private greenhouses and barns, but this subsection shall not limit
the requirements for submission of subdivision plans for subdivision
approval as otherwise provided in this chapter.
b.
The applicant shall, at the time of application, submit a certificate
of the Tax Collector that all taxes and assessments are paid to date.
c.
A minor site plan shall be as specified hereunder and an applicant
may prepare a minor site plan application drawn according to the standards
and conditions specified in paragraph d below if the proposed building,
the conversion of an existing building from one use or another or
the enlargement of an existing building or any combination of same
does not exceed 500 square feet for retail commercial uses, does not
exceed 1,500 square feet for industrial uses and does not require
more than 10 new parking spaces. All other site plans shall be major
site plans and shall be drawn according to the standards and conditions
specified in paragraph e.
d.
Minor Site Plan. The site plan map shall show the following information
and be drawn in accordance with the following standards:
1.
The North point, scale, name and address of the record owner, and
the name, address and New Jersey professional license number and seal
of the engineer, architect, land planner or surveyor preparing the
site development plan.
2.
The scale shall be no less than 50 feet to the inch. All distances
shall be in feet and decimals of a foot and all bearings shall be
given to the nearest 10 seconds. The site plan shall be accompanied
by a survey of the property prepared by a licensed surveyor of the
State of New Jersey.
3.
The names of all owners of record of all adjacent property and any
property directly across any official street and the block and parcel
number of the property.
4.
Zoning district boundaries, if applicable. Zone boundaries may be
shown on a separate map or as a key map on the detail map itself.
5.
The site plan shall show the boundaries of the property, the building(s),
setback lines, existing streets and adjacent lot lines.
6.
A copy of any covenants, deed restrictions or easements which cover
all or any part of the tract shall be provided.
7.
The location of existing buildings which shall remain and all other
structures such as walls, fences, culverts, bridges, roadways, etc.,
whether existing or proposed.
8.
The plan shall indicate the means and method of all storm drainage
and utility service.
9.
The existing site elevation and any grade changes which shall amount
to more than one foot elevation change and the location of watercourses,
ponds, marshes and wooded areas and other significant existing features,
including flood elevations of watercourses, if applicable.
10.
The site plan shall state the proposed use or uses of land and buildings
and the building floor area existing and proposed and the number of
parking spaces provided.
11.
All proposed means of vehicular access and egress to and from the
site onto public streets, showing the location of existing and proposed
driveways and curb cuts on the site as well as driveways on adjacent
land if located closer than 50 feet from the site. Proposed paving
cross section will be shown as well as parking stall dimensions and
driveway widths.
12.
The site plan shall show proposed location of outdoor lighting, landscaping
and signs.
e.
Major Site Plan. A major site plan shall be drawn in accordance with
the requirements of this subsection and, further, shall be drawn by
a licensed engineer, land surveyor or architect and shall give the
New Jersey professional license number and seal of the person preparing
the site development plan. The plan shall show:
1.
Pipe sizes, grades and the direction of flow of all storm drainage
structures and utility lines.
2.
Profiles of all proposed streets indicating grading and cross sections
showing width of roadway, width and location of sidewalks and location
and size of drainage and utility lines.
3.
The location and size of curb cuts affording vehicular access to
public rights-of-way.
4.
The design of off-street parking and loading areas, showing the size
and location of bays, aisles, barriers and parking spaces.
5.
The location of all proposed waterlines, valves and hydrants of all
sewer lines or alternative means of water supply or sewage disposal
and treatment.
6.
The proposed stormwater drainage system to be accompanied by the
name and the New Jersey license number of the professional engineer
preparing the plan.
7.
The existing and proposed site elevations, by a topographic map.
8.
The proposed location and direction of illumination and the power
and time of proposed lighting.
9.
All proposed screening and landscaping, including a planting plan.
10.
Complete building sprinkler or fire suppression plan.
[1969 Code § 62-15; Ord. No. 656]
Before final approval of a site plan or subdivision plan, the
developer shall have installed or shall have furnished adequate performance
guaranties for the ultimate installation of the following:
a.
Streets, Curbs, Gutters, Sidewalks, Drainage. All streets, curbs,
gutters, sidewalks, drainage and drainage structures shall be constructed
and installed in accordance with the applicable standard specifications
of the Township known as the "Construction Specifications" and "Standard
Construction Details" and subject to the inspection and approval of
the Township Engineer.
b.
Street-Name Signs. Street-name signs shall be placed at all street
intersections within or abutting the subdivision. Such signs shall
be of a type approved by the Planning Board and shall be placed in
accordance with the standards of the Township prior to the issuance
of a Certificate of Occupancy.
e.
Underground Electric, Gas and Telephone Distribution Facilities in
Residential Subdivisions. The subdivider shall request the servicing
utility to install its distribution supply lines, services and streetlighting
supply facilities underground in accordance with the specifications
and provisions of the applicable standard terms and conditions of
the public utility which are on file with the State of New Jersey
Board of Public Utility Commissioners. The subdivider shall arrange
with the utility for such underground installations.
f.
Underground, Electric, Gas and Telephone Utilities in Commercial
and Industrial Subdivisions. The subdivider shall request the servicing
utility to install its distribution supply lines, services and streetlighting
supply facilities underground in accordance with its specifications
and with the provisions of the applicable standard terms and conditions
of its tariff on file with the State of New Jersey Board of Public
Utility Commissioners. The subdivider shall submit to the Planning
Board a written instrument from each serving utility which shall evidence
its disposition of the request. The subdivider shall, if so directed
by the Planning Board, arrange with the utility for such underground
installation accordingly. The location of all underground utilities
must be approved by the Township Engineer prior to installation.
[1969 Code § 62-16; Ord. No. 656]
a.
All improvement except electric and gas shall be installed under
the supervision and inspection of the Township Engineer, the cost
thereof to be borne by the developer. The applicant shall pay a fee
equal to 4% of the site improvement costs as approved by the Township
Engineer to defray public cost for inspection of site improvements.
b.
No construction work shall commence without the Township Engineer
being properly notified. Such notice shall be given at least 48 hours
before the commencement of work.
[1969 Code § 62-17; Ord. No. 656]
a.
Prior to granting approval of the final plan for a site plan or subdivision,
the developer shall have installed or shall have furnished performance
guaranties as provided for in N.J.S.A. 40:55D-41[1] for the ultimate installation of the improvements hereinbefore
required.
[1]
Editor's Note: See N.J.S.A. 40:55D-53.
b.
No final plan shall be approved by the Planning Board until the completion
of all such required improvements has been certified to the Planning
Board by the Township Engineer, unless the developer shall have filed
with the Township a performance guaranty sufficient in amount to cover
the cost of all such improvements or uncompleted portions thereof
as estimated by the Township Engineer, and ensuring the installation
of such uncompleted improvements on or before an agreed upon date.
The performance bond or surety company bond shall be reviewed and
subject to the approval of the Planning Board Attorney.
c.
When all of the required improvements have been completed, the obligator
shall notify the Governing Body, in writing, by certified mail addressed
in care of the Township Clerk, of the completion of the improvements
and shall send a copy thereof to the Township Engineer. Thereupon
the Engineer shall inspect all of the improvements and shall file
a detailed report, in writing with the Governing Body, indicating
either approval, partial approval or rejection of the improvements
with a statement of the reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
d.
The Governing Body shall either approve, partially approve or reject
the improvements, on the basis of the report of the Township Engineer
and shall notify the obligor in writing, by certified mail, of the
contents of the report and the action of the approving authority with
relation thereto not later than 65 days after receipt of the notice
from the obligor of the completion of the improvements. Where partial
approval is granted, the obligor shall be released from all liability
pursuant to its performance guaranty, except for that portion adequately
sufficient to secure provision of the improvements not yet approved.
Failure of the Governing Body to send or provide such notification
to the obligor within 65 days shall be deemed to constitute approval
of the improvements and the obligor and surety, if any, shall be released
from all liability, pursuant to such performance guaranty.
e.
If any portion of the required improvements is rejected, the approving
authority may require the obligor to complete such improvements and,
upon completion, the same procedure of notification, as set forth
in this subsection, shall be followed.
f.
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
Governing Body or the Township Engineer.
g.
When the developer files the performance guaranty for the completion
of the improvements in portions or sections of the subdivision, upon
completion and approval of the portion or section, the developer shall
be required to file a maintenance bond sufficient in amount to guarantee
that the completed section will be maintained by the developer until
completion of improvements in the remaining portions or sections of
the subdivision and for a stated period of time thereafter not to
exceed two years from the date of completion of all improvements.
The Township Engineer shall determine the amount of the maintenance
bond, and it shall be approved by the Township Attorney as to form,
sufficiency and execution and approved by the Mayor.
h.
A performance guaranty shall run for a period to be fixed by the
Planning Board at the time of approval of a final plat, but in no
case for a term of more than two years. However, with the consent
of the owner and the surety, if there is one, the Governing Body may,
by resolution, extend the term of such performance guaranty for an
additional period not to exceed three years. The amount of the performance
guaranty may be reduced by the Governing Body by resolution when portions
of the required improvements have been installed.
i.
If the required improvements have not been installed in accordance
with the performance guaranty, the obligor and surety shall be liable
thereon to the Township for the reasonable cost of the improvements
not installed and, upon the receipt of the proceeds of the performance
guaranty, the Township shall install such improvements.
[1969 Code § 20-6; § 62-18; Ord. No. 620; Ord. No. 656; Ord. No. 731; Ord. No. 2009-03 §§ 14,
18-23, 26-29]
The subdivision plat and site plans shall conform to design standards that will encourage good development patterns within the municipality. For all residential developments and subdivisions, design standards shall be as required by the latest edition of the Residential Site Improvement Standards, N.J.A.C. Title 5, Chapter 21. Where either or both an Official Map and Master Plan has or have been adopted, the subdivision shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds shown on an officially adopted Master Plan or Official Map shall be considered in approval of subdivision plats. Where no Master Plan or Official Map exists, streets and drainage rights-of-way shall be shown on the final plat in accordance with Section 20 of Chapter 433 of the Laws of 1953, and shall be such as to lend themselves to the harmonious development of the municipality and enhance the public welfare in accordance with the following design standards:
a.
The arrangement of streets not shown on the Master Plan shall be
such as to provide for the appropriate extension of existing streets.
Whenever a cul-de-sac is permitted, the subdivider shall dedicate
a parcel of land 50 feet wide to be used as a future street and running
from the cul-de-sac to any adjoining land not fronting on a street
as defined in this chapter whether such adjoining land is owned by
the subdivider or not.
b.
Minor streets shall be so designed as to discourage through traffic.
c.
Subdivisions abutting arterial streets shall provide a marginal service
road or reverse frontage with a buffer strip for planting, or some
other means of separation of through and local traffic as the Planning
Board may determine appropriate.
d.
The street right-of-way and pavement width for residential development
shall be in accordance with the Residential Site Improvement Standards.
For nonresidential development, the street right-of-way width shall
be 60 feet with a pavement width of 36 feet.
e.
No subdivision showing reserve strips controlling access to streets
shall be approved.
f.
Subdivisions that adjoin or include existing streets that do not
conform to widths as shown on the Master Plan, or the street width
requirements of this chapter, shall dedicate additional width along
either one or both sides of the road. If the subdivision is along
one side only, 1/2 of the required extra width shall be dedicated
where improvements are added to an existing street, and the subdivider
shall widen and restore that side of the street in accordance with
applicable standards of this chapter.
g.
Street Grades. Grades of through and main traffic streets shall not
exceed 10%, except under special conditions which may be approved
by the Planning Board. No streets shall have a minimum grade of less
than 1/2 of 1%.
h.
Street Intersections. Street intersections shall be laid out as nearly
at right angles as possible and in no case shall they be less than
60°. The block corners at intersections shall be rounded at the
curbline with a curve having a radius of not less than 35 feet and
a radius at lot corners of no less than 25 feet.
i.
When connecting street lines deflect each other at any one point
by more than 5° and not more than 45°, they shall be connected
by a curve with a radius of not less than 300 feet for all streets.
Center line radii in all other cases shall be designed to consider
the speed limits, sight distances and other pertinent criteria for
that curve.
j.
Dead-End Streets. Dead-end streets, where planned, shall not be longer
than 600 feet, except where unusual circumstances require granting
additional footage at the direction of the Planning Board, and shall
provide a turnaround at the end with a radius of not less than 50
feet for a residential street and not less than 75 feet for a nonresidential
street and tangent wherever possible to the right side of the street.
If a dead-end street is of a temporary nature, a similar turnaround
shall be provided and provision shall be made for a future extension
of the street and reversion of the excess right-of-way to the adjoining
properties.
k.
Street Names and Numbers. Names of new streets shall be obtained
from a list supplied by the Engineering Department, except that where
a new street is a continuation of or in alignment with an existing
or platted street, it shall bear the same name. House numbers shall
be assigned by the Township Engineer.
l.
Blocks.
2.
In blocks over 1,000 feet long, pedestrian crosswalks may be required
in locations deemed necessary by the Planning Board. Such walkways
may be located in a public right-of-way or within an easement for
utilities, storm drainage, etc. The width of the right-of-way or easement,
as the case may be, shall not be less than 15 feet.
3.
For commercial or industrial use, block size shall be sufficient
to meet all area and yard requirements for such use.
m.
Lots and Land Development.
1.
Lot dimensions and area shall be made in accordance with the Zoning
Ordinance.
2.
Insofar as is practical, side lot lines shall be at right angles
to straight streets and radial to curved streets.
3.
Each lot must front upon a street as defined in N.J.S.A. 40:55D-7.
4.
Where issue exists as to the suitability of a lot or lots for their
intended use due to natural factors, such as flood conditions, soil
bearing capacity or manmade restrictions, the Planning Board may require
the applicant to document utility of the land for development purposes.
n.
Fill Areas.
1.
No trees, brush or debris shall be used as landfill or in lieu thereof,
nor shall any landfill operation be performed in such a manner as
to cover unremoved trees and debris on any streets, lots or other
areas.
2.
Sufficient additional soil information regarding bearing capacity
and load settlement must be provided where any building construction
is proposed on filled areas or where any street improvements are proposed
on fills exceeding four feet.
o.
Lot Elevations. Each lot resulting from a subdivision shall have
a minimum elevation of the finished surface of 170 feet above sea
level, except in those instances where the topographical data covering
the tract or in its relation to an adjoining tract, the Township Engineer
determines that in the best interest of the municipality, for proper
drainage, elevations above sea level should be altered, then, in the
discretion of the Engineer, the minimum elevation of the finished
surface of a lot or lots may be lowered or increased.
p.
Easements for Utilities. Necessary easements with right-of-way widths
of at least 10 feet shall be provided on each side of all rear lot
lines and along certain side lot lines where needed for utilities.
In the case that such easement is proposed to be provided fully on
one lot, such easement shall be not less than 15 feet in width.
q.
Drainage. Where a proposed development is traversed by a watercourse,
drainageway, channel or stream, there shall be provided an undisturbed
vegetative buffer 25 feet in width measured from the top of the bank
and a stormwater easement or drainage right-of-way conforming substantially
to the lines of the watercourse, and the same shall be designed in
accordance with the provisions set forth in this subsection.
1.
For all developments, the method of stormwater management shall be in conformance with the Township's stormwater management plan and subsection 42-10.1. All drainage through a tract or along its perimeter shall be by inlets and pipes where feasible or by a lined ditch. In lieu of inlets, pipes or lined ditches, the developer may use vegetated swales. For all developments and developments which add more than 1/4 acre of new impervious coverage, the developer shall demonstrate that the impervious surfaces are reasonably dispersed or disconnected to the greatest possible extent to promote pollutant removal and groundwater discharge.
2.
Drainage design criteria shall be in conformance with the latest requirements of the Residential Site Improvement Standards and subsection 42-10.1.
(a)
The rational formula or National Resource Conservation Service
("NRCS") method shall be used to determine peak rates of runoff for
the two-year, ten-year, twenty-five-year, and 100-year storm frequencies.
(b)
The coefficient of runoff should be based on good engineering
judgment and should take into consideration the ultimate use of the
land involved. Runoff coefficients for the rational formula shall
be taken from Table 7.1 found in the Residential Site Improvement
Standards. Curve numbers for the NRCS method shall be taken from Table
2.2a found in "Urban Hydrology for Small Watersheds".
(c)
Rainfall intensities shall be based on Precipitation Frequency
Estimates from NOAA Atlas 14 for Northern New Jersey.
(d)
(1)
For storm sewer design a ten-year storm for storm drain systems
where excess flow up to the 100-year storms can continue downgrade
safely and does not exceed gutter capacity. Twenty-five-year storm
for storm drain systems where flow is totally contained within a pipe
and for open channels and culverts with a drainage area of 50 acres
or less. A 100-year storm for open channels and culverts with drainage
areas greater than areas.
(2)
Design velocity for pipes shall not be less than 2.5 feet per
second when flowing full. The minimum size pipe to be used shall be
15 inches in diameter.
(e)
The maximum distance between inlets shall be 400 feet.
(f)
Design data shall be submitted with the subdivision drawings
for approval on forms supplied by the Township Engineer. Design data
shall include a map showing the entire drainage area which must be
taken into consideration. The map shall indicate the drainage areas
contributing to each pair of inlets or drainage structures, and drainage
tabulation sheets shall indicate calculations for each drainage area
being taken into consideration. The drainage design and calculations
shall bear the seal and signature of the professional engineer preparing
same.
r.
Sewage Disposal.
1.
Permanent individual sewage disposal systems shall not be permitted
in a major subdivision. Individual sewage disposal systems may be
permitted as an interim installation, provided that, in addition to
the individual sewage disposal system, provision is made for the installation
of a dry sewer main in the street adjacent to the building lots, in
accordance with the requirements as set forth in the Construction
Standards. Where dry sewer mains have been installed, the sewer connection
charge, as herein provided for each individual building, shall be
paid to the Township at the time the individual building is connected
to the municipal sewerage system by the then owner of the premises.
If, however, the municipal sewerage system is in the street on which
the tract to be subdivided abuts or in a street or sewer easement
which shall be within 500 feet of the tract, then the subdivider must
make provisions for connection to the municipal sewerage system at
the subdivider's owner cost and expense. In this connection, the Township
shall, at the developer's own cost and expense, make available, either
by purchase or condemnation, an easement for the connection to the
municipal system.
2.
If interior individual sewage disposal systems are permitted, the
developer shall include in the application an identification of the
location of percolation and subsoil test holes; the results of standard
percolation and subsoil tests in each lot; the plans and specifications
of each individual sewage disposal system by which human and other
wastes from the buildings to be erected on each lot shall be disposed;
the applicant's engineer's certification that each system has been
designed in accordance with Chapter 199 of the Laws of 1954 and Standards
for the Construction of Sewerage Facilities for law of like importance
hereafter adopted and the ordinance adopting that code in the Township;
and his opinion that each such system will effectively and safely
dispose of the septic tank effluent to be anticipated from each building
and the opinion of the Health Officer with regard thereto.
s.
Water Supply.
1.
Permanent individual wells shall not be permitted in a major subdivision.
Individual wells may be permitted as an interim installation, provided
that, in addition to the individual well, provision is made for the
installation of a dry water main in the street adjacent to the building
lot in accordance with the requirements as set forth in the Construction
Standards. Where dry water mains have been installed, the water connection
charge as herein provided for each individual building shall be paid
to the Township at the time the individual building is connected to
the municipal water system by the then owner of the premises. If,
however, the municipal water system is in the street on which the
tract abuts or in a street or water easement which shall lie within
500 feet of the tract, then the subdivider must make provision for
connection to the municipal water system at the subdivider's own cost
and expense. In this connection, the Township shall, at the developer's
own cost and expense, make available, either by purchase or condemnation,
an easement for the connection to the municipal system.
t.
Elevation of Finished Garage Floor.[2] The elevation of the finished garage floor shall be a
minimum of one foot six inches above the center line of the street
unless otherwise approved by the Construction Official.
u.
Natural Features. Natural features, such as trees, brooks, swamps,
hilltops, steep slopes, wetlands and views, shall be preserved whenever
reasonably possible, and that care be taken to preserve selected trees
to enhance soil stability and landscaped treatment of the area. All
natural areas to be preserved shall be delineated in the field prior
to the start of construction. A minimum of two shade trees per lot
shall be planted for new residential subdivisions.
v.
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 in the Township's Stormwater Management Plan and provided in subsection 42-5.1 of the Township Code.
w.
Shade Trees. For new residential subdivisions in the R-I and R-2 zones, a minimum of two shade trees per lot shall be planted in the front yard. For all other zones, the planting of shade trees shall be in accordance with the requirements of subsection 45-12.7 Buffer Area and Screening Requirements and subsection 45-19.8 Landscaping and Parking Lots.
x.
Sidewalks. In new residential subdivisions, any requirement for sidewalks
is controlled by the Residential Site Improvement Standards. Sidewalks
shall be a minimum of four feet in width. When sidewalks are constructed
of impervious materials, they shall be designed to discharge stormwater
to lawns where feasible. If it is not feasible to design such sidewalk
to discharge stormwater to lawns, permeable paving materials shall
be used for the sidewalk where appropriate.
a.
Any person who transfers or sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision, upon which by this chapter the Planning Board is required to act, shall be liable, upon conviction, to the penalty established in Chapter 1, Section 1-5. Each parcel, plot or lot so disposed of shall be deemed a separate violation.
b.
No person shall undertake any subdivision site improvement work without a permit. Any person or corporation, either as principal, agent or employee, who shall violate any provision of this chapter, upon conviction, thereof, shall be liable, upon conviction to the penalty established in Chapter 1, Section 1-5.
[1969 Code § 62-19; Ord. No. 656]
[1969 Code § 62-20; Ord. No. 656]
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions hereof.
[1969 Code § 62-21; Ord. No. 656]
All ordinances and parts or ordinances in conflict with the
provisions of this chapter are hereby repealed.
[1969 Code § 62-22; Ord. No. 808]
a.
Any owner, developer or subdivider of property within the Township
who for purposes of construction, development or soil regrading, transports
soil to and from the property in question or during the process of
site construction, shall take the necessary measures to prevent the
spilling or tracking of soil onto public roadways entering and leading
to the site. The owner, developer or subdivider shall be responsible
for cleaning, sweeping and maintaining the roadway when, in the opinion
of the Township Engineer or his representative, the spilling or tracking
of soil has created hazardous conditions for vehicular or pedestrian
traffic or unsightly conditions. The owner, developer or subdivider,
upon verbal or written notice from the Engineer or his representative,
in the time period specified, shall take the necessary measures to
eliminate the hazardous or unsightly conditions.
b.
If the owner, developer or subdivider shall fail to rectify the problem
within the prescribed time period, then the Township Engineer shall
direct the Department of Public Works to clean the road surface. The
Township shall be reimbursed for any maintenance work at a rate of
2.5 times the prevailing municipal rates for labor plus cost for usage
of equipment. Should the owner, developer or subdivider not make prompt
payment, the Township will utilize either the subdivision performance
bond or place a lien against the property.
[Prior history includes Ord. No. 2005-19 which was repealed
and replaced 2-22-2021 by Ord. No. 2021-01]
[Added 2-22-2021 by Ord.
No. 2021-01]
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 § 42-10.2.
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 2-22-2021 by Ord.
No. 2021-01]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
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 Board of Chosen
Freeholders to review municipal stormwater management plans and implementing
ordinance(s). The county review agency may either be:
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 enlarge-enlargement of any building or structure, any
mining excavation or landfill, and any use or change in the use of
any building or other structure, or land or extension of use of land,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq.
|
In the case of development of agricultural land, development
means: any activity that requires a State permit, any activity reviewed
by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
|
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 14-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.
|
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually result in the disturbance
of one or more acres of land since February 2, 2004. Projects undertaken
by any government agency that otherwise meet the definition of "major
development" but which do not require approval under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major
development."
|
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 § 42-10.4f 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.
Is defined as 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.
Is defined as 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 2-22-2021 by Ord.
No. 2021-01]
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 2-22-2021 by Ord.
No. 2021-01]
a.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 42-10.10.
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 § 42-10.4p, 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 § 42-10.4o, 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;
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 § 42-10.4d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 42-10.4o, 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 § 42-10.4o, 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.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry Well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass Swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
|
Green Roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured Treatment Device(a)(g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious Paving System(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-Scale Bioretention Basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-Scale Infiltration Basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-Scale Sand Filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative Filter Strip
|
60-80
|
No
|
No
|
—
|
|
(Notes corresponding to annotations(a) through(g) are found after Table 3.)
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention System
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration Basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand Filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard Constructed Wetland
|
90
|
Yes
|
No
|
N/A
|
|
Wet Pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations(b) through (d) are found after Table 3.)
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue Roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended Detention Basin
|
40-60
|
Yes
|
No
|
1
|
|
Manufactured Treatment Device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand Filter(c)
|
80
|
Yes
|
No
|
1
|
|
Subsurface Gravel Wetland
|
90
|
No
|
No
|
1
|
|
Wet Pond
|
50-90
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 42-10.4o2;
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a 10-foot wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at § 42-10.2;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at § 42-10.2.
|
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 § 42-10.6b. Alternative stormwater management measures may be used to satisfy the requirements at § 42-10.4o only if the measures meet the definition of green infrastructure at § 42-10.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 42-10.4o2 are subject to the contributory drainage area limitation specified at § 42-10.4o2 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 § 42-10.4o2 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 § 42-10.4d is granted from § 42-10.4o.
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 § 42-10.8c.
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 § 42-10.8; 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 section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Section II may be used only under the circumstances described at § 42-10.4o4.
k.
Any application for a new agricultural development that meets the definition of major development at § 42-10.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 42-10.4o, 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 § 42-10.4p, 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 Essex County Register of Deeds and Mortgages. 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 § 42-10.4o, 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 § 42-10.10b5. 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 § 42-10.4 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 Essex County Register of Deeds and Mortgages 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 § 42-10.4p and q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 42-10.4f and/or an alternative stormwater management measure approved in accordance with § 42-10.4g. 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 3 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 § 42-10.4d 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 § 42-10.4g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Section 42-10.4p, 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 § 42-10.4p, q and r, unless the project is granted a waiver from strict compliance in accordance with § 42-10.4d.
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 § 42-10.5, 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)
80% TSS removal of the anticipated load, expressed as an annual
average shall be achieved for the stormwater runoff from the net increase
of motor vehicle surface.
(b)
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
3.
The requirement to reduce TSS does not apply to any stormwater runoff
in a discharge regulated under a numeric effluent limitation for TSS
imposed under the New Jersey Pollutant Discharge Elimination System
(NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt
under a NJPDES permit from this requirement. Every major development,
including any that discharge into a combined sewer system, shall comply
with paragraph 2 above, unless the major development is itself subject
to a NJPDES permit with a numeric effluent limitation for TSS or the
NJPDES permit to which the major development is subject exempts the
development from a numeric effluent limitation for TSS.
4.
The water quality design storm is 1.25 inches of rainfall in two
hours. Water quality calculations shall take into account the distribution
of rain from the water quality design storm, as reflected in Table
4, below. The calculation of the volume of runoff may take into account
the implementation of stormwater management measures.
|
Table 4 - Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.0600
|
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 Section 42-10.4p, 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 § 42-10.5, 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), (b) and (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 2-22-2021 by Ord.
No. 2021-01]
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/stelprdb1044171.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/2014NJSoilErosionControlS
tandardsComplete.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 § 42-10.5a1(a) and the Rational and Modified Rational Methods at § 42-10.5a1(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 2-22-2021 by Ord.
No. 2021-01]
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 2-22-2021 by Ord.
No. 2021-01]
a.
Site design features identified under § 42-10.4f above, or alternative designs in accordance with Section 42-10.4g 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 § 42-10.7a2 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 7.0 square inches, or is no greater than
0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than 7.0 square inches, or be no greater than 2.0
inches across the smallest dimension.
2.
The standard in paragraph a1 above does not apply:
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than 9.0 square inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(1)
A rectangular space 4.625 inches long and 1.5 inches wide (this
option does not apply for outfall netting facilities); or
(2)
A bar screen having a bar spacing of 0.5 inches. Note that these
exemptions do not authorize any infringement of requirements in the
Residential Site Improvement Standards for bicycle safe grates in
new residential development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).
(d)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
Water Quality Design Storm as specified in N.J.A.C. 7:8; or
(e)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
[Added 2-22-2021 by Ord.
No. 2021-01]
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 § 42-10.8c1, c2, and c3 for trash racks, overflow grates, and escape provisions at outlet structures.
c.
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
1.
A trash rack is a device designed to catch trash and debris and prevent
the clogging of outlet structures. Trash racks shall be installed
at the intake to the outlet from the Stormwater management BMP to
ensure proper functioning of the BMP outlets in accordance with the
following:
(a)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(b)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(c)
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
(d)
The trash rack shall be constructed of rigid, durable, and corrosion
resistant material and designed to withstand a perpendicular live
loading of 300 pounds per square foot.
2.
An overflow grate is designed to prevent obstruction of the overflow
structure. If an outlet structure has an overflow grate, such grate
shall meet the following requirements:
(a)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
(c)
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
3.
Stormwater management BMPs shall include escape provisions as follows:
(a)
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Section 42-10.8(c), a free-standing outlet structure may be exempted from this requirement;
(b)
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See § 42-10.8e 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.
|
Elevation View - Basin Safety Ledge Configuration
 |
[Added 2-22-2021 by Ord.
No. 2021-01]
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 § 42-10.9c 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 § 42-10.3 through § 42-10.5 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 § 42-10.4.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on onsite boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
7.
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 42-10.10.
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 § 42-10.9c1 through § 42-10.9c6 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 2-22-2021 by Ord.
No. 2021-01]
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 § 42-10.10b3 above is not a public agency, the maintenance plan and any future revisions based on § 42-10.10b7 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 § 42-10.10b3 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 § 42-10.10b6 and § 42-10.10b7 above.
8.
The requirements of § 42-10.10b3 and § 42-10.10b4 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.
c.
The party responsible for maintenance identified under § 42-10.10b3 shall post a maintenance guarantee in accordance with N.J.S.A. 40:55D-53 in an amount to be reviewed and approved by the Township Engineer. The Township Engineer may waive this requirement in the event he or she determines a maintenance bond is unnecessary.
